Section 3401 - Employee and Incarcerated/Supervised Person Relations(a) Except as provided in (e) below, employees shall not take, deliver or otherwise transmit, either to or from any incarcerated person or member of an incarcerated person's family; any verbal or written message, document, item, article or substance.(b) Except as provided in (e) below, employees shall not contact, correspond or otherwise communicate with any incarcerated person, supervised person or member of an incarcerated person's or supervised person's family.(c) If an employee is contacted by any incarcerated person, supervised person or member of an incarcerated person's or supervised person's family, other than under circumstances specified in (e) below, the employee shall immediately notify, in writing, the employee's institution head or director/assistant secretary of that fact.(d) Any employee asked, coerced or otherwise contacted by any person to transmit, take or relay any message, item or substance, either to or from, any incarcerated person, supervised person or member of an incarcerated person's or supervised person's family, by other than approved means or circumstances, shall immediately notify, in writing, their institution head or director/assistant secretary of that fact.(e) Exceptions to the above prohibitions are as follows:(1) In the execution of their assigned duties, employees shall issue, or receive from incarcerated persons any mail, packages, supplies and other items due or permitted them according to department policy and local procedures.(2) In the execution of their assigned duties, employees shall interact with any incarcerated person, supervised person or member of an incarcerated person's or supervised person's family as necessary.(3) While off-duty, and only in accordance with this regulation, departmental employees may conduct relationships with any incarcerated person, supervised person or member of an incarcerated person's or supervised person's family who is either the employee's immediate family member, as defined in section 3000, or the employee's aunt, uncle, niece, nephew, or first cousin.Cal. Code Regs. Tit. 15, § 3401
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Amendment of section heading and section, including renumbering and amendment of former section 3403 to new subsections (b) and (c), and new Note filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
3. Amendment of subsections (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
4. 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).