Cal. Code Regs. tit. 15 § 3164

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 3164 - Restricted Housing Unit Access

(a) Incarcerated persons confined in a Restricted Housing Unit (RHU) for any reason will not be limited in their access to the courts.

(b) During a period of disciplinary detention, as described in Section 3330, legal resources may be limited to pencil and paper which will be provided upon request for correspondence with an attorney or the preparation of legal documents for the courts. Other legal material in the incarcerated person's personal property may be issued to an incarcerated person in disciplinary detention if litigation was in progress before the incarcerated person's placement in disciplinary detention and legal due dates are imminent.

(c) Incarcerated persons who are housed in any restricted unit and who are not serving a period of disciplinary detention may possess and have access to any legal resource material available to the general population and may assist each other in their legal work to the extent compatible with institution security. For the purpose of this subsection, restricted units include reception centers, institution reception or orientation units, controlled housing, and RHU as defined in section 3000.

(d) An incarcerated person in a restricted housing unit may have access to an incarcerated person law library subject to the provisions of section 3123.

Cal. Code Regs. Tit. 15, § 3164

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Repealer and new subsection (d)filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
3. Amendment of section heading and subsections (a) and (c) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading and subsections (a) and (c) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
5. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
6. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (c), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).