Section 3135 - Disturbing or Offensive Correspondence(a) Non-confidential correspondence may be disallowed if the text of such correspondence presents a danger, or a threat of danger, to any person. The authority to disallow such correspondence shall not be delegated below the staff level of Correctional/Facility Captain.(b) Disagreement with the sender's or receiver's morals, values, attitudes, veracity, or choice of words will not be cause for correctional staff to disallow mail. Correctional staff shall not challenge or confront the sender or receiver with such value judgments.(c) Certain correspondence, including but not limited to the following, is disallowed, regardless of values or morals, in order to ensure the safety and security of the institution/facility:(1) Any mail of a character tending to incite murder, arson, a riot, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.(2) Threatens blackmail or extortion.(3) Contraband, or sending or receiving contraband.(4) Concerns plans to escape or assist in an escape.(5) Concerns plans to disrupt the order, or breach the security, of any institution/facility.(6) Concerns plans for activities which violate the law, these regulations or local procedures.(7) Contains coded messages.(8) Describes the making of any weapon, explosive, poison, or destructive device.(9) Contains illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.(10) Contains maps depicting any area within a ten-mile radius of an institution/facility.(11) Contains gambling or lottery information or paraphernalia.(12) Contains material obscene in nature.(13) Contains human or animal hair, substances, or fluids.(14) Contains written materials or photographs that indicate an association with validated STG members or associates, as described in subsections 3378.2(b)(5)-(6).(d) Incarcerated persons shall not possess or have under their control obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. Obscene material means catalogs, advertisements, brochures, and/or material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest. It is material which taken as a whole, depicts sexual conduct, and lacks serious literary, artistic, political, or scientific value. Additionally, material is considered obscene when it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it appeals to deviant sexual groups. Material subject to the test of the above includes, but is not limited to, pictures or images that depict: (1) Sexually explicit materials, which are defined as materials that show frontal nudity including personal photographs, drawings, and magazines and pictorials that show frontal nudity.(2) Penetration of the vagina or anus, or contact between the mouth and genitals.(3) Bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen.(4) Nudity of a minor, or person who appears to be under 18 years old.(5) Conduct that appears to be non-consensual behavior.(6) Conduct that appears to be forceful, threatening, or violent.(7) Sexual conduct where one of the participants is a minor, or appears to be under 18 years old. Text-only material shall not be considered obscene unless designated by the Division of Adult Institutions (DAI). DAI shall then place the designated text-only material on the Centralized List of Disapproved Publications, subject to subsection 3134.1(e).
(e) If the receiver of any mail, confidential or nonconfidential, directs a written complaint to administrative staff of the department or to facility officials, consideration will be given to any reasonable remedy sought by the individual. This may include discussion of the complaint with the incarcerated person in an attempt to resolve the matter, reading of all mail, including confidential mail, addressed to the individual, and either disallowing only that which appears to perpetuate the problem, or disallowing all mail to the individual. Complaints and requests for actions which would, if approved, restrict an incarcerated person's correspondence, and any action taken in response to such complaints or requests, will be fully documented on a CDC Form 128B (Rev. 4-74). The incarcerated person shall receive a copy of the documentation and the original shall be placed in the incarcerated person's C-file.Cal. Code Regs. Tit. 15, § 3135
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
1. Change without regulatory effect amending subsection (a) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
3. New subsection (c)(19) and amendment of subsections (d)-(d)(7) filed 4-30-2015; operative 4/30/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 18).
4. Change without regulatory effect amending subsections (d) and (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).