Section 30421 - Correspondence(a) No limit shall be established regarding the number of persons who may correspond with a ward by mail.(b) Wards and their correspondents are personally responsible for the content of each item of mail that each sends into or out of a Youth Authority facility. Any violation of laws governing mail may be referred to postal authorities and to appropriate criminal authorities for prosecution. Violations of law or the regulations set forth in this section may result in the temporary suspension or denial of correspondence between the persons involved.(c) Wards in separate Youth Authority facilities or wards and inmates in other correctional facilities may correspond with each other with prior approval, which will not be unreasonably or arbitrarily denied, of the superintendent, warden or person in charge of each correctional facility. The approval to correspond shall remain in effect even though one or both of the wards or inmates is transferred to another facility. The approval to correspond may be forfeited due to disciplinary violations involving the correspondence or the security needs of the facility. Any such revocation or restriction shall be communicated to both the wards or inmates and administrators of the assigned facilities.(d) Any exchange of written or printed material between wards of separate or segregated sections of the same Youth Authority facility shall require prior approval of the superintendent, which will not be unreasonably or arbitrarily denied.(e) There are three types of ward mail: nonreviewable; reviewable; and packages. (1) Nonreviewable mail shall not be opened or read by institutional staff but may be inspected by other means to determine the presence of physical contraband in the envolope. Nonreviewable mail is correspondence sent to or received from: (A) A federal, state or local court.(B) An elected federal, state, or local public official.(C) An attorney at law listed on active status and in good standing with a state bar association.(D) The Director of the Youth Authority.(E) A member of the Youthful Offender Parole Board.(H) A regional administrator of parole.(2) Nonreviewable mail may be opened and inspected for cause only and only by the ward addressee in the presence of a supervisory staff member. (A) Cause includes the reasonable belief that the letter is not addressed to or is not from an official or office listed in subsection (1) or when other means of inspection indicates the presence of physical contraband in the envelope.(B) Upon determining that the envelope contains physical contraband or that there is a misrepresentation of the sender's or addressee's identity, the letter and any enclosures may be examined and read in its entirety to determine an appropriate course of action. If there is an indication of a violation of law or an intent to violate the law, the matter may be referred to the appropriate criminal authorities for possible prosecution.(3) All other mail not defined as nonreviewable in subsection (1) is reviewable mail. Reviewable mail may be opened, inspected, and read in entirety or in part by designated employees of the facility before it is mailed for or delivered to a ward.(4) Wards shall be allowed to send packages out of the facility to their correspondents. All outgoing packages, with the excpetion of packages addressed to an official or office listed in subsection (1), shall be inspected by appropriate employees before the package is sealed and mailed. Wards shall not be allowed to receive packages, with the exception of packages sent by an official or office listed in subsection (1). All other incoming packages shall be returned to the sender.(5) Any item of mail or package, which meets one or more of the following conditions, may be withheld. The superintendent shall notify both the sender and the intended receiver within 48 hours that an item of mail or package has been withheld; the reasons for the action; and subsequent determinations or actions regarding the item of mail or package.(A) It contains contraband as defined by Section 30945.(B) It advocates the direct furtherance of a specific criminal act.(C) It advocates or encourages racial or ethnic hatred and violence.(D) It advocates or encourages specific acts of violence or physical harm to a person.(E) It promotes furtherance of institution gang activities that may fall under any of the above categories.(6) Mail in a language other than English may be subject to a delay for translation of its contents by staff. When such delay exceeds the normal mail processing by five business days the ward shall be notified in writing of the delay; the reason for the delay; and subsequent determinations or actions regarding the item of mail.(f) Wards shall be informed of the correspondence policy during their orientation to a Youth Authority facility.Cal. Code Regs. Tit. 9, § 30421
1. Change without regulatory effect adopting article 4 (sections 30421-30422) and renumbering title 15, section 4695 to title 9, section 30421, including amendment of subsection (e)(5)(A), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7). Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; and Procunier v. Martinez, 416 U.S. 396.
1. Change without regulatory effect adopting article 4 (sections 30421-30422) and renumbering title 15, section 4695 to title 9, section 30421, including amendment of subsection (e)(5)(A), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).