§ 3135. Disturbing or Offensive Correspondence.
15 CA ADC § 3135Barclays Official California Code of Regulations
15 CCR § 3135
§ 3135. Disturbing or Offensive Correspondence.
(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:
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) If the receiver of any mail, confidential or nonconfidential, directs a written complaint to administrative staff of the department or to facility officials, consideration will 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 only that which appears to perpetuate the problem, or disallowing all mail to the individual. Complaints and requests for actions which would, if approved, restrict an inmate's correspondence, and any action taken in response to such complaints or requests, will be fully documented on a CDC Form 128B (Rev. 4-74). The inmate shall receive a copy of the documentation and the original shall be placed in the inmate's C-file.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
History
1. Change without regulatory effect amending subsection (a) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
3. New subsection (c)(19) and amendment of subsections (d)-(d)(7) filed 4-30-2015; operative 4-30-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 18).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3135, 15 CA ADC § 3135
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