C5612416-D_Addendum_2__Package.pdf

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D Addendum 2

CHANGES TO TEXT AS ORIGINALLY PROPOSED

In the following text, bold double underline indicates new text since the text originally noticed to the public as part of the Notice of Change to Regulations (NCR) 23-12, and bold double strikethrough indicates text deleted from the text originally noticed to the public. Additionally, the original single underline and strikethrough formatting from NCR 23-12 has been retained.

California Code of Regulations, Title 15. Crime Prevention and Corrections Division 3. Adult Institutions, Programs and Parole Chapter 1. Rules and Regulations of Adult Operations and Programs Article 1. Behavior

3006. Contraband.

Inmates may possess only the personal property, materials, supplies, items, commodities and substances, up to the maximum amount, received or obtained from authorized sources, as permitted in these regulations. Possession of contraband as defined in section 3000 may result in disciplinary action and confiscation of the contraband.

(a) Dangerous Property. Inmates shall not possess or have under their control or constructive possession any weapons, explosives, explosive making material, poisons, or any destructive devices, nor shall they possess or assist in circulating any writing or voice recording which describes the making of any weapons, explosives, poisons, or destructive devices. Inmates shall not possess wireless communication devices capable of making or receiving wireless communications, except as expressly authorized by the Secretary, pursuant to subsection 3190(k)(8)(l)(7).

(b) Money. Inmates may shall not possess money. If an inmate finds money and voluntarily surrenders it, and the rightful owner does not claim it within 30 days, it will shall be credited to the inmate's trust account.

(c) Except as authorized by the institution head, inmates shall not possess or have under their control any matter which contains or concerns any of the following:

(1) Any matter of a character tending to incite murder; arson; riot; or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.

(2) Blackmail or extortion.

(3) Contraband, or sending or receiving contraband.

(4) Plans to escape or assist in an escape.

(5) Plans to disrupt the order, or breach the security, of any facility institution.

(6) Plans for activities which violate the law, these regulations, or local procedures.

(7) Coded messages.

(8) A description of the making of any weapon, explosive, poison or destructive device.

(9) Illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.

(10) Diskettes.

(11) Catalogs, advertisements, brochures, and other commercial material which are obscene in nature as described in subsection (15) below subsections 3006(c)(15)-(16).

(12) Maps depicting any area within a ten 10-mile radius of an facility institution.

(13) Gambling or a lottery.

(14) Markings on the envelope which are obscene in nature as described in subsection (c)(15) below or sexually explicit in nature as described in subsection (c)(16).

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(15) Obscene Text material. and mail containing information concerning where, how, or from whom obscene material may be obtained. For the purposes of this section, obscene text is any text that:

(A) Obscene material means material tTaken as a whole, which Tto the average person, applying contemporary statewide standards, appeals to the prurient interest; is material which taken as a whole, depicts sexual conduct; and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(B) When it appears fFrom the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it appeals to deviant sexual groups.

(C) (B) Material subject to the tests in paragraphs (A) or (B) May includes, but is not limited to pictures or images that depict written depictions of the following:

(1) Penetration of the vagina or anus, or contact between the mouth and the genitals.

(2) 1. Bestiality, sadomasochism, or an excretory function including urination, defecation, or semen.

(3) Nudity of a minor, or person who appears to be under 18 years old.

(4) 2. Sexual Cconduct which appears to be non-consensual behavior.

(5) 3. Sexual Cconduct which is or appears to be forceful, threatening, or violent.

(6) 4. Sexual Cconduct where one of the participants is a minor, or appears to be under 18 years old.

(D) Text-only material shall not be considered obscene unless designated by the Division of Adult Institutions (DAI). DAI shall then place the designated text-only material on the Centralized List of Disapproved Publications, subject to subsection 3134.1(e).

Subsection 3006(c)(16) is relocated and renumbered as 3006(c)(17)

(16) Material that is reasonably deemed to be a threat to legitimate penalogical interests.

(17)(16) Sexually explicit images, that depict frontal nudity in the form of personal including pictures, photographs, drawings, and images in electronic magazines, or other pictorial formats.

(A) For the purposes of this section, examples of Ssexually explicit images include, but are not limited to, the following: material shall be defined as material that shows the frontal nudity of either gender, including the fully exposed female breast(s) and/or the genitalia of either gender.

1. The fully exposed breast that appears to be female.

2. The genitalia of any gender.

3. Penetration of the vagina or anus, or contact between the mouth and the genitals.

4. Bestiality, sadomasochism, or an excretory function including urination, defecation, or semen.

5. Nudity of a minor, or person who appears to be under 18 years old.

6. Sexual conduct which appears to be non-consensual behavior.

7. Sexual conduct, which is or appears to be forceful, threatening, or violent.

8. Sexual conduct where one of the participants is a minor, or appears to be under 18 years old.

(B) The following sexually explicit material images shall be allowed:

1. Departmentally purchased or acquired educational, legal, medical/, scientific, or artistic materials, such as books or guides purchased by the department for inclusion in institution libraries and/or educational areas; or and

2. Educational, medical/,scientific, or artistic materials, including, but not limited to, anatomy medical reference books, general practitioner reference books and/or guides, National Geographic, or artistic reference material depicting historical, modern, and/or postmodern era

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D art, purchased or possessed by inmates and approved by the institution head or their designee on a case-by-case basis.

(17) Material that is reasonably deemed to be a threat to legitimate penological interests.

(18) Any tobacco product, or tobacco cessation product, that contains nicotine.

(19) Written materials or photographs that indicate an association with validated STG members or associates, as described in subsections 3378.2(b)(5)-(6).

(20) Any wireless communication device accessory and or component including, but not limited to, a Subscriber Identity Module (SIM) card, memory storage device, battery, wired or wireless headset, and charger, except as expressly authorized by the Secretary, pursuant to subsection 3190(k)(8)(l)(7). May want to mark the same as above for consistency.

(21) Another inmate's authorized wireless communication device.

(d) Anything in the possession of an inmate which is not contraband but will, if retained in possession of the inmate, present a serious threat to facility institution security or the safety of inmates and staff, shall be controlled by staff to the degree necessary to eliminate the threat.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601, 2772, 2790, 4574, 4576, 5030.1, 5054 and 5057, Penal Code.

Chapter 1. Rules and Regulations of Adult Operations and Programs Subchapter 2. Inmate Resources Article 4. Mail

3130. General Policy.

The California Department of Corrections and Rehabilitation (CDCR) encourages correspondence between inmates and persons outside the correctional facility institution. The sending and receiving of mail by inmates shall be uninhibited except as specifically provided for in this article. The Rregulations contained in this article shall provide for the orderly processing of inmate mail and to give direction to staff, inmates, and their correspondents concerning facility institution mail requirements. Mail shall be delivered to inmates, regardless of housing, unless it is contraband pursuant to section 3006, is not authorized pursuant to section 3134, or is determined to be disturbing or Ooffensive Correspondence pursuant to section 3135.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(c) (d) and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.

3131. Plan of Operation.

Each warden or head of a correctional facility institution shall prepare and maintain a plan of operation for the sending and receiving of mail for all inmates housed in the facility institution.

The mail pProcedures of the correctional facility shall conform to departmental policies, regulations and relevant provisions of law, made reference to and shall apply to all inmates of the facility institution. Correctional staff shall promptly inform each newly received inmate of all department regulations and local procedures governing inmate mail.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 2080, Penal Code;

and Procunier v. Martinez, 416 U.S. 396.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

3132. Responsibility and Compliance.

(a) Correspondents are personally responsible for the content of each item of mail they send into or out of a correctional facility institution. All inmates and persons corresponding with inmates must shall comply with existing laws, regulations, and local rules. Any violation of laws governing mail will shall be referred to postal authorities and to appropriate criminal prosecuting authorities, as appropriate. Violations of law, the policies and regulations set forth in this article, or of approved facility institution mail procedures may result in the temporary suspension or denial of correspondence mail between the persons involved.

(b) Departmental employees, inmates, and persons corresponding with inmates must shall comply with the regulations set forth in this article and with approved facility institution mail procedures. Failure to do so may result in legal or administrative measures against the person or persons involved.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(c), 2930, 5054 and 5058, Penal Code; and Procunier v. Martinez, 416 U.S. 396.

3133. Definitions and Disposition of Mail.

(a) Definitions: For the purpose of this Article, mail is defined by the following definitions shall apply:

(1) First-Class Mail is all mail wholly or partly in writing or typewriting includes all handwritten or typewritten material, all actual and personal correspondence mail, and all personalized business correspondence mail bills and statements of account, and all matter sealed or otherwise closed against inspection. First-Class Mail includes, but is not limited to, a postcard, a standard envelope, or a large envelope. First-Class Mail does not include boxes or padded envelopes, where the padding cannot be removed before delivery to the inmate. The maximum weight for a First-Class letter is 13 ounces. All First-Class Mail shall be delivered to the inmate as soon as possible, but not later than seven calendar days from receipt of the mail at the facility institution mailroom.

(2) Standard Marketing Mail, formerly called Standard Mail or Bulk Mail, is used for includes advertising mail advertisements, catalogues, and solicitations of donations, newsletters and mail of a non-personal nature that are not required to be mailed as First-Class Mail. The maximum weight for Standard Marketing Mail is 16 ounces.

(3) Periodicals are a class of mail consisting of magazines, newspapers, or newsletters, and other publications formed of printed sheets that are published at least four times a year at regular, specified intervals from a known office of publication. The known office of publication must be a public office for transacting the business of the publication during normal business hours, and must also be the office where the publication's circulation records are available for USPS examination. All periodicals shall be delivered to the inmate no later than fifteen (15) calendar days from receipt of the mail at the institution mailroom, unless disapproved in accordance with section 3134.1.

(A) All periodicals shall be delivered to the inmate, as soon as possible, no later than fifteen (15) calendar days from receipt of the mail at the institution mailroom, unless disapproved in accordance with section 3134.1.

(B) Except as otherwise authorized by the department, inmates may receive periodicals directly from bookstores, book distributors, publishers that conduct mail order business, religious organizations, or from departmentally approved vendors. Inmates may not receive periodicals via personal mail.

(C) The department shall not require vendors and religious organizations to have prior approval from the department before sending periodicals to inmates.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(D) The department shall not impose a weight limitation on periodicals, nor limit the frequency in which inmates may receive periodicals, subject to the property limits established within section 3190.

(4) Package Services are Parcel Post, bound Printed Matter, Media Mail, and Library Mail. With the exception of parole clothes and third party special purchase health appliances, inmates shall not be allowed to receive package services directly from personal correspondents. Packages containing parole clothes or third party special purchase health care appliances must be clearly

Personal correspondents do not include the Courts, Law Firms, County, State and Federal Agencies, Publishers, Bookstores, Book Distributors, Religious Organizations that provide written materials only, etc.

(4) Books are defined as bound publications formed of printed sheets that are published by a known office of publication.

(A) All books shall be delivered to the inmate, as soon as possible, but no later than fifteen

(15) calendar days from receipt at the institution, unless disapproved in accordance with section 3134.1.

(B) Except as otherwise authorized by the department, inmates may receive books or periodicals directly from bookstores, book distributors, publishers that conduct mail order business, religious organizations, or from departmentally approved vendors. Inmates may not receive books or periodicals via personal mail.

(C) The department shall not require vendors and religious organizations to have prior approval from the department before sending books and periodicals to inmates.

(D) The department shall not impose a weight limitation on books, nor limit the frequency in which inmates may receive books, subject to the property limits established within section 3190.

(5) Ancillary service endorsements are defined by the United States Postal Service as the use indica to forward, return, or otherwise process mail that cannot be delivered to the addressee. Ancillary service endorsements appear near the address block or below the return address in the top left corner of the mail piece.

(6) Electronic mail and messages are a method of exchanging messages, photographs, and images between correspondents using electronic devices, such as a tablet, kiosk, or laptop.

(6) Confidential Mail, as defined within section 3141.

(b) Disposition of Mail. All incoming and outgoing mail shall be handled in accordance with the following:

(1) All incoming mail shall be properly addressed. Appropriately Properly addressed incoming mail shall include the inmate's name and department identification number. The mail should also include the address designated by the institution for inmate mail. The receiving institution is required to update the address of any mail piece that does not reflect accurate housing or institutional location. Standard Mail must be addressed to an individual inmate, showing their name, CDCR number and the address for the applicable institution.

last name or department identification number shall be returned to the United States Postal Service as undeliverable.

(2) All outgoing mail shall be properly addressed, and shall be marked indicating that it originated from a California State Correctional Facility Institution. If addressed to an inmate, it Properly addressed mail sent by an inmate shall must contain the sender's name, department

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D identification number and the return address designated by the institution for inmate mail, including housing location. It shall also contain the recipient's name, address, city, state, and zip code. The department shall deliver outgoing mail to the United States Postal Service as soon as possible but not later than within five business days of receipt from the inmate.

(3) All incoming packages, as defined within section 3147, and non-confidential mail addressed to an inmate will shall be opened and inspected before delivery to the inmate. The purpose of inspection will be is to receive or document receipt of any funds enclosed for deposit to the inmate's trust account, to verify and record the receipt of permitted personal property, and to prevent the introduction of contraband. All non-confidential inmate mail, incoming or outgoing, is subject to being read reviewed in its entirety by designated staff. All non-confidential inmate inmate.

(A) When there is reasonable suspicion that an item of mail presents a threat to the security of the institution or the safety of persons, mailing or delivery may be delayed to allow for additional review. When such delay exceeds the delivery timeframes pursuant to section 3133, or if the item of mail is disapproved for any other reason, the inmate shall be notified in writing of the delay, the reason for the delay, and all subsequent determinations and actions regarding that item of mail via CDCR Form 1819 (Rev. (02/23)(02/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference.

(B) Mail that is disapproved for any reason shall be processed through the issuance of a CDCR Form 1819.

(C) Each institution shall establish local procedures for tracking mail that is delayed or disapproved through this process.

(4) Facilities shall not require incoming books, magazines or newspapers to have an institution pre- A departmentally approved vendor is any publisher, book store, or book distributor, that does mail order business. Books, periodicals or other publications that are mailed from a religious organization shall be considered as coming from an authorized vendor.

(c) Confidential Mail with Inmate Trust Account Withdrawals. Inmate confidential mail submitted with a CDC Form 193, Inmate Trust Withdrawal (Rev. 1/88), which is incorporated by reference to pay for filing fees or other costs may be left unsealed so that the voucher (check) can be enclosed after the trust account withdrawal has been processed. Inmates who do not wish to forward this type of mail unsealed should may attach a stamped, appropriately addressed envelope to the confidential mail so the check can be enclosed and forwarded in the extra envelope.

(d) Undelivered Returned Mail. All undelivered letters mail and packages returned to an facility institution by the post office United States Postal Service shall be opened and inspected before being returned to the inmate. This inspection is to determine if the content originated with the inmate sender identified on the letter mail or package, and to prevent the transmission of contraband, material, substances, and property that an inmate is not authorized to possess in the correctional facility institution. The inspection of returned mail includes regular mail and letters that were mailed as confidential correspondence. In the case of returned confidential correspondence mail, the envelope mail shall be opened in the presence of the inmate. It shall be examined and read to the degree necessary to determine if it was sent by the inmate and not opened or tampered with before its return to the facility institution. Upon completion of this examination such confirmation, the returned correspondence mail shall be given to the inmate.

Any contraband found in the returned correspondence mail shall be confiscated and processed, and appropriate disciplinary action may be taken.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(e) Unmailed Correspondence. If any First-Class Mail is not accepted from an inmate for mailing, or is accepted for mailing but is not properly mailed provided to the United States Postal Service within five business days of receipt from the inmate, the inmate shall be notified in writing of the reason for refusal to accept or to promptly mail the item(s) via CDCR Form 1819 (Rev. (02/23)(02/24), Notification of Disapproval for Mail/Packages/Publications. When the delay in mailing exceeds 5 business days, the notice shall be sent and include the disposition of such mail. Unless retention of such mail is required in administrative, legal, or disciplinary proceedings against the inmate or other persons, it shall be promptly mailed or returned to the inmate.

(f) Forwarding Mail. Mail received for an inmate who has been transferred from the facility where the mail is received shall be immediately forwarded to the facility or agency that has current custody of the inmate. Mail addressed to an inmate who has been transferred or released shall discharged from CDCR. First-Class Mail and Periodicals addressed to an inmate who has been transferred within the CDCR shall have a label affixed with the current address and shall be addressed, but is undeliverable because the inmate is no longer housed at the facility, shall be returned to the USPS for processing. Mailroom staff shall affix a label to the Standard Mail piece showing the correct address before returning it to the USPS for processing. For inmates who have paroled, the label affixed to the Standard Mail piece

Endorsement will appear either near the address block or below the return address in the top does not have a Mailer Endorsement, and is undeliverable because the inmate is not currently housed at the institution.

Daily newspapers that are delivered by courier will not be forwarded nor will they be held for an inmate who is temporarily away from the facility for longer than 72 hours. Exceptions will be made when the absence results from the inmate's participation in facility approved activities such as a community release program, firefighting or other disaster control assignments. Newspapers that are delivered by the USPS will have a forwarding address affixed and shall be returned to the USPS for processing.

Forwarding First-Class Mail and Periodicals. Except as specified in subsection 3133(h), First- Class Mail and periodicals received for an inmate who is not housed at the location where the mail is received shall be forwarded to the location where the inmate is currently housed. For First-Class Mail and periodicals addressed to an inmate who has paroled, staff shall note the address of the field office responsible for supervision of the parolee and forward the mail accordingly for delivery to the parolee. With the exception of confidential mail, all First-Class Mail and periodicals shall be forwarded, as soon as possible, but no later than on a weekly basis.

If the individual is no longer within the jurisdiction of the department or their location is unknown, the mailroom staff shall return the mail to the sender with a notation that the addressee is not at the institution and their address is unknown.

(g) Forwarding Confidential Correspondence. All confidential correspondence for inmates that must be forwarded will be done on a daily basis. If delivery of confidential correspondence from the courts is impeded because the addressee's name and CDCR number do not conform to each other, the mailroom will contact the Litigation Coordinator who will telephone the court to clarify the identification of the addressee in order to expedite delivery of confidential

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D correspondence. Staff will document their efforts to identify the addressee when confidential correspondence from the courts cannot be delivered.

Disposition of Marketing Mail. Marketing mail received for an inmate who is not housed at the institution where the mail is received shall be disposed of unless it includes an ancillary service endorsement. Marketing Mail with an ancillary service endorsement shall be processed as directed by the ancillary service endorsement, which may include forwarding in the same manner as First-Class Mail and periodicals under subsection 3133 (f).

(h) Newspapers. Daily newspapers will not be forwarded, nor will they be held for an inmate who is temporarily away from the facility for longer than 72 hours. Exceptions will be made when the absence results from the inmate's participation in institution approved activities such as a community release program, firefighting or other disaster control assignments or hospitalization.

Newspapers that are delivered by the USPS will have a forwarding address affixed and shall be returned to the USPS for processing.

(i) Forwarding Confidential Mail. All confidential mail received for an inmate who has been transferred or paroled from the location where the mail was received, or is otherwise not located at the institution, shall be forwarded to the inmate or parolee within one business day of receipt by the institution. If the individual is no longer within the jurisdiction of the department or the notation the addressee is not at the institution and their address is unknown.

(h)(j) Temporary Absence. With the exception of Confidential Mail, all Mmail shall be held for an inmate who is temporarily away from the facility institution when the inmate's return is anticipated within one week.

mail in accordance with subsection 3133 (f) through (h). Confidential Mail shall be forwarded in

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; Prison Legal News v. Schwarzenegger Settlement Agreement, No. Civ-07-02058 CW and Bell v. Wolffish, 99 S. Ct 1861.

3134. General Mail Regulations.

(a) First-Class Mail can have the following items enclosed, including but not limited to: is limited to the following items, and subject to an

(1) Written, typed, or printed communications on paper, addressed to a person or organization.

(1)(2) Photographs, with the exception of photographs with attached backing, framed photographs that cannot be searched, Polaroid's, negatives, and slides.

(2)(3) Calendars.

(3)(4) Written and Bblank greeting cards (No 3three-dimensional attachments or stamps).

(4)(5) Postage embossed envelopes, up to forty.

(6) Business reply and metered envelopes.

(5)(7) Blank envelopes.

(6)(8) Writing paper/ or tablets (white or yellow lined only -- no cotton paper).

(7)(9) Typing paper (no cotton paper).

(8) (10) Legal paper, to include colored paper required by court rules (no cotton paper).

(9)(11) Children's Ddrawings.

(12) Cardstock and drawing paper (white only).

(10)(13) Newspaper clippings, iInternet downloaded articles, photocopies of clippings/, articles, or electronic mail (e-mail) messages. Prior to issuance they shall be reviewed to ensure that they comply with sections 3006 and 3135.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(11)(14) Forty postage stamps. If there is a rate change, then forty stamps at the old rate, and 40 stamps at the amount needed to equal the new rate. No personalized postage stamps will be allowed. The weight limit for First-Class Mail is 13 ounces, and for Standard Mail is 16 ounces.

Photo albums can be obtained by the inmate from the canteen and the Vendor Package Program. Any unacceptable mail shall be immediately returned to the sender with the envelope

3136.

Maximum of 40 postage stamps. If there is a United States Postal Service rate change, an item of First-Class mail may include 40 stamps at the old rate, and 40 stamps at the additional amount needed to equal the new rate. Personalized postage stamps are prohibited.

(b) Business Reply and Metered Envelopes. Business rReply and Metered eEnvelopes sent in with correspondence mail must adhere to the following conditions:

(1) The postage amount must be enough to prepay the postage in full.

(2) Indicia may be printed directly on the mail piece or on a label and must be positioned appropriately.

(3) Indicia used to prepay reply postage must not show the date.

must be printed above the address.

(c) Inspection of Incoming and Outgoing Packages will occur as follows:

(1) Facilities will establish and make available to all inmates procedures for shipping packages to their correspondents.

(2) Facilities will make available to all inmates local procedures for the receipt of packages from their correspondents in accordance with limits set for their assigned inmate work/training incentive group. A facility may refuse to deliver the package if the inmate is not qualified to receive it. If the package is in excess of the 30-pound limit, or is damaged, the package shall be returned to the vendor at the vendor's expense.

(3) All incoming packages addressed to an inmate shall be opened and inspected in the presence of the inmate. The contents of the package are inspected to record authorized personal property, and to prevent the introduction of contraband.

(4) Delivery by staff of packages, special purchases, and all publications, shall be completed as soon as possible but not later than 15 calendar days, except during holiday seasons such as Christmas, Easter, and Thanksgiving, and during lockdowns or modified programs of affected inmates.

(5) All packages shall be processed and issued from a designated distribution area. All outgoing packages shall be inspected for contraband prior to being sealed and mailed.

(d)(c) Contests. Inmates shall not participate in any contest when a financial obligation is involved or when such participation shall result in expense to the facility institution beyond the cost of processing the mail. If lottery tickets, lottery scratchers, or other contest materials, are discovered in incoming mail, the entire envelope and its contents shall be disapproved returned to sender with a pre- . Inmates shall be notified of the disapproved mail via the issuance of a CDCR Form 1819 (Rev. (02/23) (02/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference, and given the opportunity to determine how to dispose of the mail under subsection 3191(c).

(e)(d) Inmate Manuscripts. Manuscripts include, but are not limited to, written, typed or printed articles of fiction and nonfiction, poems, essays, gags, plays, skits, paintings, sketches, drawings, or musical compositions created by an inmate. Any manuscript remains the property of the inmate who created it. It, and may be retained in the inmate's possession, unless it violates sections 3006 or 3135. If unauthorized state materials have been used in the creation of a manuscript, the item shall be confiscated pending disciplinary action and reimbursement by the

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D inmate for the state materials. Incoming and outgoing manuscripts shall be processed as regular First-Class mMail in accordance with the provisions of this article.

(f)(e) There shall be no limitations placed on the number of persons with whom an inmate may correspond. With the exception of staff, contractors, service providers, and other persons as identified in section 3139, inmates and other persons are not required to receive pre-approval to correspond.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct. 1861.

3134.1 Processing of Publications.

(a) Publications. Inmates may subscribe to, purchase, or have items publications sent in to them such as newspapers, periodicals, magazines or and books. If subscriptions or books are purchased for the inmate by a third party or donated to an inmate, they must be mailed directly from a book store, book distributor, or publisher. Personal correspondents cannot mail books, periodicals, or other publications directly to inmates and state that they are a donation. There

(b) Processing and Inspection of Incoming Magazines and NewspapersPeriodicals. All incoming periodicals (e.g., magazines and newspapers) shall be inspected prior to issuance to ensure that they comply with sections 3006, 3134, and 3135. Items enclosed or Aattached to the periodical, including free CD's and packaged samples of perfume, lotion, moisturizers, stickers, etc., or any item deemed to be contraband, contained in magazines shall be removed; and notification of such to the inmate of such removal is not required. No other items shall be removed from a magazine or other publication periodical in order to issue it to an inmate.

(c) Processing and Inspection of Incoming Books. All incoming paperback soft-back and hard-back books and any enclosures within them shall be inspected prior to issuance to ensure they comply with sections 3006, 3134, and 3135. For hard-back books, staff shall allow the inmate to determine whether to accept the book with the cover removed or, if that option is declined, decide how the book is to be disposed of per subsection 3191(c). If the inmate chooses to accept the book, staff shall insure ensure the book does not violate any other departmental regulation, and then shall remove the entire cover in front of the inmate. Should such removal render the book unstable, staff shall take measures to ensure the book remains intact.

(d) Notifications, to the Ppublisher, to the Inmate, and to the Division of Adult Institutions (DAI) for Temporary Disapproval of Publication.

When an incoming books, magazines, or publications addressed to an inmate are withheld or disallowed on a temporary basis by the institution pending approval from DAI, a letter shall be sent by the institution to the publisher explaining why the item was denied. A book, magazine, or publication denied to an inmate(s) based on a violation of violates a departmental regulation or policy, and that is not included on the current Centralized List of Disapproved Publications (Centralized List) pursuant to subsection 3134.1(e)(f), shall only require one the publication shall be temporarily disapproved by the institution for delivery to the inmate and written notification letter per institution to shall be sent to the inmate and the publisher. The institution shall also notify the Division of Adult Institutions, who shall determine whether to make the temporary disapproval permanent.

Publications shall not be disapproved solely because they contain advertisements for products that may potentially be considered contraband or obscene. Publications shall only be disapproved if the advertisement itself or other content within the publication violates sections 3006, 3134, or 3135.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(1) Notification to the Publisher. At a minimum, the notification letter must shall include the reason why the book, magazine, or publication was denied temporarily disapproved, the names and CDCR number for all inmates, the applicable CCR section that the publication violates, and a notice to the Publisher of their right to appeal pursuant to subsection 3137(c)the name and department identification number of the inmate addressee. The notification letter must shall be sent within 15 calendar days of the institution determination to disallow the book, magazine or publication,. with a copy of the notification letter and supporting documents to be retained by the facility for a minimum of seven years. Notification to the publisher is required whenever an inmate is denied a publication, even if the reason for the denial is unrelated to the content of the publication. When an institution processes multiple copies of a publication that has been temporarily disapproved for delivery to multiple inmates, additional notifications to the publisher shall not be required for each inmate.

(2) Notification to the Inmate. Concurrent to the letter to the publisher, when incoming or outgoing publications addressed to or being sent by an inmate are withheld or disallowed temporarily disapproved, the institution shall also notify the inmate addressee via CDCR Form 1819 (Rev.

07/18(02/23)(02/24), Notification of Disapproval for Mail/Packages/Publications, which is incorporated by reference. The CDCR Form 1819 shall include the reason for the temporary disapproval, disposition, name of official disallowing temporarily disapproving the publication, and the name of the official to whom a grievance can be directed. The CDCR Form 1819 shall be issued to the inmate within 15 calendar days of the institution

(3) Notification to the Division of Adult Institutions (DAI). The institution shall also concurrently notify DAI, who shall determine whether to make the temporary disapproval permanent and request that DAI affirm or deny the withholding of the temporarily disallowed publication. The institution shall notify the DAI within 15 calendar days of the institution DAI The DAI shall make a decision shall provide the decision within 30 calendar days of receiving the request institution . If DAI affirms the withholding institution of the publication, disallowance of the publication disapproval shall become permanent. If DAI denies the withholding of the publication, the institution shall deliver the publication to the inmate within 15 calendar days, upon receipt of DAI's decision. The DAI shall also determine whether the publication shall be added to the Centralized List of Disapproved Publications pursuant to subsection 3133(e).

For periodicals, as defined in subsection 3133(a)(3), the DAI may include a periodical on the Centralized List, in accordance with subsection 3134.1(e), provided that all issues of the publication for twelve consecutive months violate departmental regulation or policy. However, an institution may disallow individual issues of a periodical in accordance with this subsection.

The disallowance of individual issues of a periodical shall become permanent, as to those issues only, if DAI affirms an institution's decision to temporarily withhold or disallow the individual issues. If the DAI denies the institution's decision to temporarily withhold individual issues of a periodical, the institutional shall deliver those issues to the inmate within 15 calendar days upon receipt of DAI's decision.

(e) Notifications to the Publisher and to the Inmate Regarding Outcome of the DAI When the DAI makes the decision whether to make the disapproval of a publication permanent, they shall notify the publisher and the institution of the outcome. Within 15 calendar days of receipt of the decision, the institution shall notify the inmate of the outcome via an updated CDCR Form 1819 (Rev.(02/23)(02/24). In the event the publication is not permanently disapproved, the institution shall deliver the publication to the inmate within 15 calendar days of receipt of the decision.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(e)(f) Centralized List Oof Disapproved Publications. The DAI shall distribute maintain and make available to each institution a Centralized List of Disapproved Publications that are prohibited as contraband as defined in section 3006. Examples of publications that would be included on the Centralized List would include, but not be limited to, publications that contain, obscene material as described in subsection 3006(c)(15), sexually explicit images that depict frontal nudity as described in subsection 3006(c)(17)(A) warfare or weaponry, bomb making instructions, or STG written materials or photographs, as described in subsections 3378.2(b)(5)-(6). Publications that are enumerated on the Centralized List are not allowed in any institution. Local iInstitutions may shall not permanently disapprove publications or add items to the Centralized List of Disapproved Publications. When a publication is placed on the Centralized List of Disapproved Publications, the Division of Adult Institutions DAI shall send a letter to the publisher explaining why the publication was excluded added to the Centralized List of Disapproved Publications. At a minimum, the letter must shall include the reason why the publication is excluded was added, the applicable CCR section that the publication violates, and a notice to the Ppublisher of its right to complain challenge the decision per CCR subsection 3137(c). The letter must shall be sent by the DAI to the publisher within 15 calendar days of the decision to add the publication to the Centralized List of Disapproved Publications. the determination to disapprove the publication, with a copy of the notification letter and supporting documents to be retained by the institution for a minimum of seven years.

(1) The Centralized List of Disapproved Publications may include specific issues of a periodical (e.g., a single issue of a magazine). The list may also include all past and future issues of a periodical, but only when the Division of Adult Institutions determines that all issues of the periodical published over a period of twelve (12) consecutive months violate departmental regulations.

(2) When a publication sent to an inmate is on the Centralized List of Disapproved Publications, the institution shall not deliver the publication to the inmate. Within 15 calendar days of receipt of the publication at the institution, the institution shall notify the inmate via CDCR Form 1819 (Rev. (02/23) (02/24) that the publication is on the Centralized List of Disapproved Publications.

No notification to the publisher is needed.

(3) The department shall retain copies of all notifications and supporting documents for a minimum of seven years for the following:

(A) The temporary and permanent disapproval of a publication.

(B) The addition of a publication to the Centralized List of Disapproved Publications.

(C) The disapproval of delivery of a publication to an inmate already included on the Centralized List of Disapproved Publications.

(g) The disapproval of any publication, whether shipped via publications-only package, vendor package or special purchase package, shall be processed in accordance with this section.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez (1974) 416 U.S. 396; Prison Legal News v. Schwarzenegger Settlement Agreement, No. Civ-07-02058 CW and Bell v. Wolfish (1979) 441 U.S. 520.

3135. Disturbing or Offensive Correspondence Mail.

(a) Non-confidential correspondence mail may shall be disallowed disapproved if the text of such correspondence content presents a danger, or a threat of danger, to any person. The authority to disallow disapprove such correspondence mail shall not be delegated below the custody staff level of Correctional/Institution Captain.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

(b) Disagreement with the sender's or receiver's morals, values, attitudes, veracity, or choice of words will shall not be cause for correctional staff to disallow disapprove mail. Correctional sStaff shall not challenge or confront the sender or receiver with such value judgments.

(c) Certain correspondence mail and electronic communications, including but not limited to the following, is shall be disallowed disapproved, regardless of values or morals, in order to ensure the safety and security of the institution/facility:

(1) Any mail or electronic communications of a character tending to incite murder, arson, a riot, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.

(2) Threatens blackmail or extortion.

(3) Contraband, or sending or receiving contraband.

(4) Concerns plans to escape or assist in an escape.

(5) Concerns plans to disrupt the order, or breach the security, of any facility/institution.

(6) Concerns plans for activities which violate the law, these regulations or local procedures.

(7) Contains coded messages.

(8) Describes the making of any weapon, explosive, poison, or destructive device.

(9) Contains illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.

(10) Contains maps depicting any area within a ten10-mile radius of an facility/institution.

(11) Contains gambling or lottery information or paraphernalia.

(12) Contains obscene material text obscene in nature defined in subsection 3006(c)(15).

(13) Contains human or animal hair, substances, or fluids.

(13) Contains sexually explicit images as defined in subsection 3006(c)(16).

(14) Contains any unknown solid, gel, or liquid substance; or contains any organic, toxic or hazardous material.

(14) (15) Contains written materials, images, or photographs, or pictures that indicate an association with validated Security Threat Group (STG) members or associates, as described in subsections 3378.2(b)(5)-(6).

(d) Inmates shall not possess or have under their control obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. Obscene material means catalogs, advertisements, brochures, and/or material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest. It is material which taken as a whole, depicts sexual conduct, and lacks serious literary, artistic, political, or scientific value. Additionally, material is considered obscene when it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it appeals to deviant sexual groups. Material subject to the test of the above includes, but is not limited to, pictures or images that depict:

(1) Sexually explicit materials, which are defined as materials that show frontal nudity including personal photographs, drawings, and magazines and pictorials that show frontal nudity.

(2) Penetration of the vagina or anus, or contact between the mouth and genitals.

(3) Bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen.

(4) Nudity of a minor, or person who appears to be under 18 years old.

(5) Conduct that appears to be non-consensual behavior.

(6) Conduct that appears to be forceful, threatening, or violent.

(7) Sexual conduct where one of the participants is a minor, or appears to be under 18 years old.

California Department of Corrections and Rehabilitation Sample #1 Document Remediation

IFB Number C5612416-D

Text-only material shall not be considered obscene unless designated by the Division of Adult Institutions (DAI). DAI shall then place the designated text-only material on the Centralized List of Disapproved Publications, subject to subsection 3134.1(e).

(e)(d) If the receiver of any mail, confidential or non-confidential, directs a written complaint to administrative staff of the department or to institution officials, consideration will shall be given to any reasonable remedy sought by the individual. This may include discussion of the complaint with the inmate in an attempt to resolve the matter, reading of all mail, including confidential mail, addressed to the individual, and either disallowing disapproving only that which appears to perpetuate the problem, or disallowing disapproving all mail to the individual. Complaints and requests for actions which would, if approved, restrict an inmate's correspondence mail, and any action taken in response to such complaints or requests, will shall be fully documented on a CDC Form 128-B General Chrono (Rev. 4-74), which is incorporated by reference. The inmate shall receive a copy of the documentation and the original shall be placed in the inmate's C-file forwarded to case records to be entered into the Strategic Offender Management System.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.

3136. Disapproval of Inmate Mail.

(a) Disapproval of Incoming and outgoing inmate mail, to include electronic mail and messages exchanged using electronic devices such as a tablet, kiosk, or laptop, that is in clear violation of CCR sections 3006, 3134, or 3135 shall be referred to custody correctional staff not below the level of Captain for determination and appropriate action.