(a) Incarcerated person marriages shall be permitted in accordance with the provisions of law and these regulations.(b) The incarcerated person's marriage request shall be processed by the incarcerated person's caseworker or other staff person designated by the institution head who shall provide all necessary information to the office of the county clerk or clergyperson.(c) Incarcerated person marriages shall be solemnized at the institution/facility by an individual authorized to solemnize marriages, as designated in Family Code Sections 400 and 402.(d) For the purpose of this section, a chaplain shall mean those persons defined in section 3000. Institution/facility chaplains may solemnize incarcerated person marriages. Institution/facility chaplains, if designated, shall be required to process the request or facilitate a marriage. Institution/facility chaplains shall establish religious criteria to be met by the incarcerated persons and this criteria shall be provided by the chaplains to their supervisors.(e) Attendance at a marriage ceremony shall be limited to the bride, groom, two incarcerated guests, the official solemnizing the ceremony, and ten non-incarcerated guests. Incarcerated guests may attend only if their Work Incentive Program schedules are not interrupted.Cal. Code Regs. Tit. 15, § 3216
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f) and 5054, Penal Code; and Sections 300, 350- 359, 400- 402 and 500, Family Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f) and 5054, Penal Code; and Sections 300, 350- 359, 400- 402 and 500, Family Code.
1. New article 1.5 (section 3216) and section filed 1-11-99; operative 2-10-99 (Register 99, No. 3).
2. Change without regulatory effect amending article heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).