Section 3294.5 - Incarcerated and Supervised Person Name Change(a) An incarcerated or supervised person who wishes to petition the court for a legal name change shall submit a CDCR Form 2010 (07/24). Notice of Legal Name Change Petition. which is incorporated by reference, with a copy of all documents submitted to the court to the Warden or Regional Parole Administrator (RPA) at the time the petition is submitted to the court.(b) Upon receipt from the court, the incarcerated or supervised person shall provide a copy of the Order to Show Cause (OSC) to the Warden or RPA within three calendar days of receipt.(c) Upon receipt of the CDCR 2010 by the Warden or RPA, a Correctional Counselor (CC) II or the Division of Adult Parole Operations (DAPO) Regional Litigation Coordinator shall be assigned to conduct a review of the incarcerated or supervised person's records. Within ten business days of receipt, the assigned CC II or DAPO Regional Litigation Coordinator shall document their review in a memorandum with a recommendation provided on the CDCR Form 2010 to the Warden or RPA. This review shall include the research, evaluation, and documentation of the following:(1) Commitment offense(s).(2) Whether the incarcerated or supervised person is required to register pursuant to Penal Code Section 290.(3) Identification of victim(s) name(s).(4) Whether the requested name is offensive (for example. racial epithets, vulgar, or a racial slur) or could be disruptive in an institution setting.(5) Whether there is documentation indicating the request is intended for a fraudulent purpose.(d) Within three business days of receipt, the Warden or RPA shall review the recommendation provided by the assigned reviewer and document their recommendation on the CDCR 2010. The Warden or RPA shall ensure a copy of the memorandum and the CDCR Form 2010 is scanned and placed into the miscellaneous section of the incarcerated or supervised person's central file via the Electronic Records Management System (ERMS), as defined in section 3000.(e) If there is cause to object to the petition, within one business day after completing the review, the Warden or RPA shall forward the memorandum, petition, OSC, any supporting documents and the CDCR Form 2010 to the Office of Legal Affairs (OLA) at Headquarters for review. OLA shall review the recommendation within five business days to determine if an objection is warranted. If OLA determines the objection is warranted, OLA shall seek assistance from the Office of the Attorney General to file an objection to the name change with the court.(f) If a court order denying a petition is received from the court, a copy of the court order shall be scanned and placed in the miscellaneous section of the incarcerated or supervised person's central file via ERMs.(g) Within five business days of receiving from the court a certified court order granting a name change, the Correctional Case Records Manager (CCRM) shall ensure the new name is reflected within the Strategic Offender Management System (SOMS), as defined in section 3000. Once the new name is changed within SOMS, the incarcerated person shall be provided an updated identification card reflecting their new name and shall be charged for the replacement cost unless the incarcerated person has been determined to be indigent as defined in section 3000. The CCRM shall notify the incarcerated or supervised person, the incarcerated person's assigned correctional counselor, incarcerated person assignment office, mailroom, receiving and release, visiting room, and the Office of Victim and Survivor Rights Services if the offender is incarcerated; or shall notify the agent of record if the offender is on parole. The court order shall be placed in the miscellaneous section of the incarcerated or supervised person's ERMS file, along with any other documents related to the request for a name change.(h) The incarcerated person shall be notified to inform all persons who may visit or write them that they must use the incarcerated person's departmental identification number when using the incarcerated person's new name.Cal. Code Regs. Tit. 15, § 3294.5
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1279.5, Code of Civil Procedure.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1279.5, Code of Civil Procedure.
1. New section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-3-95 order including amendment of subsection (l) transmitted to OAL 5-3-95 and filed 6-14-95 (Register 95, No. 24).
3. Amendment of subsections (d)-(f) and (l) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
4. Change without regulatory effect amending subsections (e) and (f) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
5. Amendment of section heading and section and new CDCR Form 2010 filed 8-20-2018 as an emergency; operative 9/1/2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 34). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 2-8-2019 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of subsections (d) and (g) (Register 2019, No. 8).
7. Certificate of Compliance as to 8-20-2018 order transmitted to OAL 2-7-2019 and filed 2-26-2019 (Register 2019, No. 9).
8. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).