Section 3139 - Mail Between Incarcerated Persons, Supervised Persons, and Other Persons(a) Except as otherwise authorized by the department, incarcerated persons shall obtain written authorization from the Warden or their designee, the Assistant Deputy Director or their designee, and from the person in charge of the County Jail or other county, state, or federal correctional system as applicable, at a level not less than Captain Parole Agent III, or their equivalent to correspond with any of the following:(1) Incarcerated persons under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.(2) Persons committed to any county, state or federal program as a civil addict.(3) Supervised persons or civil addict outpatient status under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.(4) Persons on probation.(b) Incarcerated persons may initiate requests to correspond with the above by contacting their Correctional Counselor I (CCI).(c) Except as otherwise authorized by the department, supervised persons shall obtain written authorization to correspond with incarcerated persons under the jurisdiction of CDCR. Supervised persons may initiate requests by contacting their Parole Agent I (PAI).(d) Incarcerated persons may be allowed to correspond with the persons described in subsections 3139(a)(1) through (a)(4) provided those persons meet the criteria of approval of no known STG affiliation, or involvement with a known terrorist group or racketeering enterprise, and would not otherwise pose a threat to the safety of the institution or other persons.(e) The CCI or PAI shall interview the incarcerated or supervised person, or review the Strategic Offender Management System (SOMS) to obtain the information required to process an incarcerated person's or supervised person's Request for Correspondence Approval, CDCR Form 1074 (Rev. 08/08), incorporated by reference. (1) When reviewing the incarcerated person's SOMS, staff shall ascertain whether prior approval exists. If prior approval exists, a copy of the previously approved CDCR Form 1074 (Rev. 08/08) shall be forwarded to both institutional mailrooms, or relevant supervising authority, as applicable.(2) The decision to approve or deny mail between an incarcerated person and supervised person, or incarcerated person and a person listed in subsection 3139(a)(1)-(a)(4) shall be based in consideration of the safety and security of the institution or other persons and shall be documented on the CDCR Form 1074(Rev. 08/08). If the request is denied, the reason for denial shall be documented on the form.(3) Copies of the completed CDCR Form 1074 shall be provided to the incarcerated person or supervised person, to the corresponding institutional mailroom or field office, to the supervising authority of the intended correspondent, and retained in the SOMS.(4) If the request is denied at the receiving institution or field office, the reason for denial shall be annotated on the CDCR Form 1074 (Rev.08/08), and it shall be returned, in its entirety, to the sending institution/ or field office.(5) Copies shall not be delivered to the requested incarcerated person, the receiving institution mailroom, or the housing unit.(6) Upon receipt of the disapproved CDCR 1074 (Rev.08/08), staff at the sending institution/ or field office shall ensure that the second page is returned to the initiating incarcerated person or supervised person.(7) If correspondence is approved at the institution or field office, staff shall ensure that the CDCR Form 1074(Rev.08/08) is completed. They shall retain the third and fourth pages for distribution. If the third page and fourth pages are not legible, the CCI/ or PAI shall make copies of the first page prior to forwarding the completed CDCR Form 1074 to the sending institution or field office. The approved CDCR Form 1074 shall be distributed as directed on the form.(8) Copies of the CDCR Form 1074 shall not be made for the housing unit(s). The housing units shall not keep records of approved correspondents.(9) The mailroom supervisor shall establish and maintain a record of all completed CDCR Form 1074s.(10) When a CDCR incarcerated person requests to correspond with a person listed in subsections 3139(a)(1) through (a)(4) who is not under the jurisdiction of the department, the CCI shall ensure that a CDCR Form 1074 (Rev. 08/08) is completed along with a cover letter that thoroughly explains the need for the CDCR Form 1074(Rev. 08/08). If the request is denied, the CCI shall ensure that a letter is forwarded to the other agency thoroughly explaining the denial.(f) There shall be no limits set on the number of times approved incarcerated persons, supervised persons, and persons listed in subsections 3139(a)(1) through (a)(4) may send mail to one another, unless the approval is revoked. The approval to correspond may be revoked due to disciplinary violations involving mail between the incarcerated persons, supervised persons, and persons listed in subsections (a)(1) through (a)(4), or by a classification action based on documented safety and security concerns. The approval to send mail may also be revoked by the supervising authority of a person listed in subsections (a)(1) through (a)(4) who is not under the jurisdiction of the department. Any such restriction, or revocation of approval shall be communicated in writing to the incarcerated person or supervised person(s), and to the Warden or Assistant Deputy Director responsible for supervision of the incarcerated person or supervised person.(g) Wardens at institutions where there are Restricted Housing Units (RHU) shall outline in their local procedure any further restrictions on correspondence due to safety and security concerns, limited to those specific housing units.(h) Decisions whether to approve mail between an incarcerated person and supervised person, or incarcerated person and a person listed in subsections 3139(a)(1) through (a)(4) shall be made in consideration of the safety and security of the public, incarcerated persons and supervised persons, staff, or for other penological interests.(i) Incarcerated person and mail privileges shall be unrestricted with the following individuals regardless of their custody status, unless the correspondent's actions violate sections 3006 or 3135, or are deemed to be a threat to incarcerated persons, supervised persons, staff, or the public:(1) Immediate Family Members as defined in section 3000.(2) Co-litigants on active cases, until the case is resolved.(3) Natural parent or legal guardian of the incarcerated person's or supervised person's child.(j) Approval to correspond shall remain in effect upon transfer to another departmental institution or field office.(k) If an incarcerated person's transfer is based on case factors that create security concerns, such as, but not limited to, placement in a RHU, a reexamination by committee of all approved correspondence shall be conducted. The CCI shall review and recommend to committee whether to continue approval of the correspondence.(l) If an institution receives mail addressed to an incarcerated person from a person listed in subsections 3139(a)(1) through (a)(4) who has not been approved to receive mail in accordance with this section, staff shall issue a CDCR Form 1819 (Rev. (08/24), Notification of Disapproval for Mail/Packages/Publications, notifying the receiving incarcerated person of the reason for disapproval, and shall allow the incarcerated person to determine how to dispose of the mail under subsection 3191(c).(m) Incarcerated persons confined in departmental institutions may correspond with former incarcerated persons. Prior approval of the Warden, or person in charge of the institution is required if the person was discharged within the past twelve months.Cal. Code Regs. Tit. 15, § 3139
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
1. Change without regulatory effect amending first paragraph and subsection (b) filed 4-4-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
2. Amendment of section heading and section, including renumbering and amendment of former section 3140 to new subsection 3139(j), filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
3. Designation of first paragraph as subsection (a) and amendment of subsection (b) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
4. Amendment of subsections (a), (e) and (h) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a), (e) and (h) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
6. 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).
7. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).
8. Amendment of section heading and section filed 11-21-2024; operative 11/21/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 47).