§ 3140. Funds Enclosed in Correspondence.
15 CA ADC § 3140Barclays Official California Code of Regulations
15 CCR § 3140
§ 3140. Funds Enclosed in Correspondence.
(1) The personal check, money order, cashier's check, certified check, or any other negotiable instrument shall be made payable to the California Department of Corrections and Rehabilitation with the inmate's last name and departmental identification number. This information, along with the sender's name and address, shall be on the face of the negotiable instrument.
(3) Funds received in the mail shall be removed from the envelope by mailroom staff, and the envelope shall be imprinted with a stamp that reads “Funds Enclosed.” The date, amount, and initials of the person processing the funds shall be recorded on the envelope before it is forwarded to the inmate. The stamped envelope is the inmate's receipt for the funds.
(4) Cash received in incoming mail will be returned to the sender. Mailroom staff shall notify the inmate in writing, informing them that cash was received and will be returned to sender. The envelope containing the cash and two copies of the memo will be forwarded to the Inmate Trust Office to be returned to the sender.
(5) If a personal check, money order, cashier's check, certified check, or any other negotiable instrument is received in the mailroom and it does not contain the sender's name and address on its face, it will be considered contraband per section 3006, and will be disposed of in accordance with section 3191(c). The negotiable instrument will be held in the Trust Office safe for thirty days while the inmate is contacted in regards to the disposition of the contraband, in accordance with section 3191(c).
(b) Generally, inmates are not eligible to receive Supplemental Security Income (SSI) checks from the Social Security Administration, Veteran Affairs Benefits, or Welfare checks from the California Department of Social Services/County Welfare agencies. Depending upon eligibility, inmates may be allowed to receive tax refund checks.
(2) Mailroom staff shall deliver all received SSI, Veteran Affairs Benefits, and/or welfare and/or tax refund checks to the Inmate Trust Office. The Accounting Officer shall notify the facility representative that checks are being held pending determination of eligibility of the inmates to receive the checks. The facility representative shall notify the appropriate agency.
(d) Funds shall not be released for spending by the inmate for thirty (30) days from the date of deposit into the inmate trust account and must have cleared the bank upon which they were drawn. When any personal check, money order, cashier's check, certified check, or any other negotiable instrument is received, the face of the envelope in which the funds were received shall be imprinted with a stamp indicating the funds have been accepted at this time. This stamp is not intended to indicate that the funds are immediately available for inmate use, but only that the funds were accepted for processing by the department.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code.
History
1. Renumbering of former section 3140 to subsection 3139(j) and new section 3140 filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
2. Amendment of subsection (d) filed 6-27-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 6-27-2011 (Register 2011, No. 26). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 12-5-2011 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-27-2011 order, including further amendment of subsection (d), transmitted to OAL 11-21-2011 and filed 1-5-2012 (Register 2012, No. 1).
4. Amendment of subsections (a) and (a)(1), new subsection (a)(5), subsection renumbering and amendment of subsection (d) filed 11-14-2016; operative 1-1-2017 (Register 2016, No. 47).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3140, 15 CA ADC § 3140
End of Document |