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§ 3164. Restricted Housing Unit Access.

15 CA ADC § 3164Barclays Official California Code of RegulationsEffective: April 11, 2024

Barclays 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 (Refs & Annos)
Subchapter 2. Inmate Resources
Article 6. Legal Documents
Effective: April 11, 2024
15 CCR § 3164
§ 3164. Restricted Housing Unit Access.
(a) Inmates 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 inmate's personal property may be issued to an inmate in disciplinary detention if litigation was in progress before the inmate's placement in disciplinary detention and legal due dates are imminent.
(c) Inmates 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 inmate in a restricted housing unit may have access to an inmate law library subject to the provisions of section 3123.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
History
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.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.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3164, 15 CA ADC § 3164
End of Document