Cal. Code Regs. tit. 15 § 3142

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3142 - Processing of Outgoing Confidential Mail

In order to be accepted and processed as confidential correspondence, an incarcerated person's letter shall comply with the following requirements:

(a) The letter must be addressed to a person or to the office of a person listed in Section 3141. The address of an attorney must match the address listed with the State Bar.

(b) The incarcerated person's full name, department identification number, and the address of the facility shall be included in the return address appearing on the outside of the envelope.

(c) The word "confidential" shall appear on the face of the envelope. Failure to do this will result in the letter being processed as regular mail or being returned to the incarcerated person if for any reason the mail cannot be processed as regular mail.

(d) Incarcerated persons shall post confidential mail by presenting the mail unsealed to designated staff. In the presence of the incarcerated person, the staff shall remove the contents of the envelope upside down to prevent reading of the contents. Staff shall remove the pages and shake them to ensure there is no prohibited material, consistent with these regulations. If no prohibited material is discovered, the contents shall be returned to the envelope and sealed. Staff shall place their signature, badge number and date across the sealed area on the back of the envelope. Staff shall then deposit the confidential mail in the appropriate depository.

(e) If prohibited material is found in the confidential mail, the prohibited material shall be confiscated; however, the letter may be returned to the incarcerated person or mailed following the process outlined above. If the prohibited material indicates a violation of the law or intent to violate the law, the matter may be referred to the appropriate authorities for possible prosecution. Administrative and/or disciplinary action shall also be taken against all parties involved.

Cal. Code Regs. Tit. 15, § 3142

Note: Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code.

1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4(Register 2008, No. 29).
2. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).