Section 3162 - Legal Forms and Duplicating Services(a) Legal duplication services may be provided to incarcerated persons for the purposes of initiating or maintaining a court action. The printed forms required by state and federal courts shall be made available to incarcerated persons. An incarcerated person shall be required to pay for the duplication of printed forms and other written or typed materials, and for any special paper and envelopes required for mailing to the courts so long as the incarcerated person has more than $25.00 in their trust account or the incarcerated person has attorney representation for the court action. An indigent incarcerated person as defined in Section 3000, who is without attorney representation for the court action, may receive legal duplicating services without charge subject to subsection (c).(b) A legal document to be duplicated for any incarcerated person, including all exhibits and attachments, shall be limited to the maximum number of pages needed for the filing, not to exceed 50 pages in total length, except when necessary to advance litigation. The incarcerated person shall provide to designated staff a written explanation of the need for excess document length.(c) Subject to the length requirements of subsection 3162(b), an indigent incarcerated person who does not have attorney representation may receive duplication services without charge for the following legal documents to a court:(1) Petition for a writ of habeas corpus.(2) Traverse, Reply Pleading, and other documents in support of a petition for writ of habeas corpus, as authorized by the court or as required by statute or court rule.(3) Appeal from the denial of a writ of habeas corpus.(4) Summons and Complaint for a civil action.(5) Documents in support of a civil action, as authorized by the court or as required by statute or court rule.(6) Petition for a hearing in an appellate court.(7) Appellant's Brief, Reply Brief, and other documents in support of an appeal, as authorized by the court or as required by statute or court rule.(8) Petition for a writ of certiorari to the Supreme Court.(9) Motion to proceed in forma pauperis (as an indigent person).(10) Additional documents that are necessary to advance litigation. The incarcerated person shall provide to designated staff a written explanation of the need for additional documents.(d) The authority to place restrictions on duplication services for any reason as described in this section shall not be delegated to staff below the level of correctional captain unless the person is designated by the Warden. The reasons for any restrictions on the services provided an incarcerated person shall be documented on a CDC Form 128-B (Rev. 4.74), General Chrono, and placed in the incarcerated person's central file.Cal. Code Regs. Tit. 15, § 3162
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5007.7 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5007.7 and 5054, Penal Code.
1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
3. Amendment of section heading and text filed 10-19-93; operative 11-18-93 (Register 93, No. 43).
4. Amendment filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
5. Amendment of subsection (e) filed 9-13-2012; operative 10-13-2012 (Register 2012, No. 37).
6. Repealer of subsection (a), subsection relettering, amendment of newly designated subsections (a) and (c) and amendment of Note filed 9-17-2020; operative 1/1/2021 (Register 2020, No. 38). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).