Chapter 5 – Adult Custody and Security Operations

Incarcerated persons shall be permitted to possess in their quarters or living areas, state-issued and authorized personal property as established in the Authorized Personal Property Schedule (APPS), located in Appendix A; the Religious Personal Property Matrix (RPPM), located in Appendix B; the Non-Disciplinary Segregation Personal Property Matrix (NDSPPM), located in Appendix D; and the Transgender Incarcerated Persons Authorized Personal Property Schedule (TIAPPS), located in Appendix E of the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Division 3, and based upon criteria delineated in DOMDepartment Operations Manual Subsection 54030.6. The APPS, RPPM, NDSPPM, and TIAPPS are the primary references for allowable incarcerated person property and identify limitations to the number of items allowed, dimension restrictions, if applicable, cost and value limitations, etc. The APPS, RPPM, NDSPPM and TIAPPS standardize allowable incarcerated person property department-wide based upon assigned Privilege Group, assigned security level, institution mission, constitutional and legal mandates, and gender considerations. Any requests to add or delete items from the APPS, RPPM, NDSPPM, or TIAPPS shall be forwarded to the Deputy Director, Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)), for review and approval prior to implementation. Approved departmental modifications shall be reflected in the institution’s local Operational Procedure regarding incarcerated person Property. The possession of personal property is a privilege and is subject to conditions and restrictions established in CCRCalifornia Code of Regulations, Title 15 Sections 3044, 3314, and 3315.

Incarcerated persons may not exchange, borrow, loan, give away, sell, or convey personal property to or from other incarcerated persons.

As a result of the standardization of allowable incarcerated person property, some items that were historically allowed are no longer permissible in accordance with the APPS, RPPM, NDSPPM, and TIAPPS. Non-clear case appliances, which were historically permitted, may be maintained by incarcerated persons who obtained the appliance prior to the change in permissions until the appliance is no longer operational. Incarcerated persons shall be allowed to retain other items of personal property obtained prior to the item’s prohibition until such time as the incarcerated person is either transferred to another institution or for a period of one year after the item was prohibited, whichever occurs first. The item will then be considered disapproved property and disposed of pursuant to CCRCalifornia Code of Regulations Title 15, Section 3191 or DOMDepartment Operations Manual subsection 54030.11.2, Processing Unauthorized Property.

The APPS, RPPM, NDSPPM and TIAPPS can be accessed at the following links:

• Authorized Personal Property Schedule (APPS)

• Religious Personal Property Matrix (RPPM)

• Non-Disciplinary Segregation Personal Property Matrix (NDSPPM)

• Transgender Incarcerated Person’s Authorized Person’s Property Schedule (TIAPPS)

This article establishes incarcerated person personal property volume limits; describes the forms necessary for the processing of property; establishes liability and methods of acquisition of personal and religious property; lists approval criteria, and describes the approval process for vendors; provides for acquisition of religious items, and the disposal of contraband; establishes protocols for the handling of incarcerated person personal property during transfer, extradition, escape, discharge, and upon death in custody. This article also establishes a standardized list of allowable personal property items in the form of the APPS, based upon privilege group, assigned security level, institution mission, and a method for institutions to obtain exemptions to the standardized list.

The institution head shall administer this policy within their respective institutions.

Associate Warden Operations
The Associate Warden, Operations, shall implement and monitor the operation of this procedure.

The department does not accept liability for the theft, loss, damage, or destruction of incarcerated person personal property resulting from the intentional or careless act or activities, or riotous behavior of any incarcerated person(s). The department does not accept liability for the theft, loss, damage, or destruction of personal property in the incarcerated person’s possession or control at the time of any willful act by the incarcerated person, such as escape, which exposes such property to loss or theft before it can be recovered and controlled by staff.

Correctional staff shall assume responsibility for an incarcerated person’s property upon notice that an incarcerated person is being retained elsewhere by taking control of that incarcerated person’s property. If the property cannot be secured, as in a double occupied cell or dormitory, the property shall be removed and stored in a secured area.

Within 24 hours upon notification of an incarcerated person being retained elsewhere, the incarcerated person’s property shall be inventoried, packaged for transfer, and placed in a secure area. A copy of the SOMSStrategic Offender Management automated form ISST200, Property Inventory, signed by the person who inventoried the property, shall be furnished to the incarcerated person.

The department shall accept liability for the loss or destruction of incarcerated person personal property when it is established that such loss or destruction results from employee action. Incarcerated persons shall utilize the incarcerated person grievance and appeal process if unable to resolve a personal property claim with staff pursuant to CCRCalifornia Code of Regulations, Title 15, Section 3481. If the issue involves a prescribed health care appliance belonging to an incarcerated person with a documented disability, the incarcerated person shall utilize the CDCRCalifornia Department of Corrections and Rehabilitation Form 602-1/1824, Grievance/Reasonable Accommodation Request, to attempt to resolve the issue. Upon acceptance of liability, staff shall provide similar items of equal or greater value to the incarcerated person when such items are available via donated property items consistent with DOMDepartment Operations Manual Subsection 54100.23.4, Granted Property Appeals. If donated items are not available, monetary compensation to the incarcerated person for such loss shall not exceed either:

• The dollar value as documented on SOMSStrategic Offender Management automated form ISSS051B, Registerable Property Items.

• The cost of the item for which they have a receipt. 

• The replacement value of a similar item as determined by a custody supervisor. Staff recommendations to the California Department of General Services Government Claims Program regarding monetary reimbursement are made accordingly.

The department shall not assume responsibility for property abandoned by an escapee. Staff shall inventory the property as specified in these policies and provide secure storage. The final disposition of the escapee’s property shall be processed in accordance with California Penal Code Sections 5062 and 5063.

Incarcerated person personal property shall not be accepted at the front entrance gate or visiting desks. Incarcerated persons may be allowed to acquire specific items of personal property through the following methods:

• Special Purchases

  • Institutions shall allow for incarcerated persons to purchase special items utilizing funds in their incarcerated person trust account. Special purchases of the items listed in this DOMDepartment Operations Manual section shall not be counted as a personal property package. Special purchases shall be from departmentally-approved or locally-approved, special purchase vendors. Special purchases shall be made in accordance with approved local procedure.nce with approved local procedure.

  • Institutions may approve local special purchase vendors as required, to provide handicraft material, health care appliances, etc. The institution requesting approval of a special purchase vendor shall submit the approval request to the Hiring Authority, along with a written rationale for the local special purchase vendor and a statement that the vendor meets the institution’s security and business requirements.

  • The approval criteria for personal property package vendors established in DOMDepartment Operations Manual Subsection 54030.8.1 does not apply to special purchase vendors. The approval criteria for religious personal property vendors are established in DOMDepartment Operations Manual Subsection 54030.8.3.

Institutions will make procedures for special purchases available to all incarcerated persons. Purchases of health care appliances, religious items, and handicraft material require an incarcerated person to obtain prior written approval.

Health Care Appliances are prescribed by health care staff and subject to approval by designated custody staff. Health care appliances may be purchased by third parties. All health care appliances shall be received by designated health care staff from an approved vendor and inspected by designated custody staff prior to issuance to the incarcerated person. Health care appliances are not subject to the six cubic feet property limitation and do not count towards the two appliance limit as described in DOMDepartment Operations Manual Subsection 54030.6 (refer to DOMDepartment Operations Manual Subsection 54030.10).

Legal Material includes, but not limited to, legal reference material, publications and legal pads, pursuant to Title 15 Section 3161. There shall be no “Approved Vendor Lists” for any publications, including legal publications. Incarcerated persons may receive legal publications directly from bookstores, book distributors, publishers that conduct mail order business, religious organizations, or packages as outlined in this section. There shall be no requirement for the publisher, bookstore, book distributor, or similar vendor to receive approval from the department prior to sending legal publications to incarcerated persons. There shall be no weight restrictions for legal books.

Correspondence Course materials sent by mail are subject to approval by designated custody and educational staff. Correspondence courses shall be subject to the processes identified in DOMDepartment Operations Manual Section 54010.2; all such materials are subject to approval and inspection by designated custody staff before being provided to the incarcerated person or to the education department. College textbooks and materials provided to the institution directly by the college shall be received by designated education staff and are subject to inspection by designated custody staff prior to issuance to the incarcerated person (refer to DOMDepartment Operations Manual Subsection 54030.9.3). Books or other publications used for correspondence courses do not require prior approval, but will be inspected in accordance with CCRCalifornia Code of Regulations Title 15, Section 3134.1 before delivery to an incarcerated person and DOMDepartment Operations Manual Subsection 54030.9.5).

Religious Items are described in the RPPM. Incarcerated persons shall be authorized to order religious personal property based upon assigned Privilege Group as specified in the RPPM. With the exception of publications, religious personal property items shall be ordered by incarcerated persons or third parties via a departmentally-approved religious vendor. Religious items as described in the RPPM are to be shipped directly from a departmentally-approved religious vendor in vendor-sealed packages and inspected by designated custody staff prior to issuance (refer to CCRCalifornia Code of Regulations, Title 15, Subsection 3190(h) and Section 3147)).

Handicraft Material, is restricted to incarcerated persons approved to participate in the handicraft program. Handicraft items purchased by incarcerated persons participating in the handicraft program shall be received by the handicraft manager and inspected by designated custody staff prior to issuance (DOMDepartment Operations Manual Subsection 54030.9.4).

Entertainment Appliances and Musical Instruments, as described in the APPS are to be shipped directly from a departmentally approved vendor in factory sealed packages, received by R&RReceiving and Release staff, and inspected prior to issuance. Packages that are damaged or opened during shipping shall be refused for delivery (DOMDepartment Operations Manual Subsection 54030.9.6).

Publications-Only Packages, which are defined as packages that only contain books or periodicals. Books and periodical purchases and subscriptions shall be submitted according to local procedures and may be purchased for an incarcerated person by a third party from any bookstore, distributor, publisher or religious organization that does mail order business as outlined in CCRCalifornia Code of Regulations, Title 15, Sections 3133 and 3147. Books and periodicals may come in the form of a publication-only package. There shall be no limit placed on the number of publications-only packages an incarcerated person may order; however, incarcerated persons shall be limited to the number of publications they may retain under CCRCalifornia Code of Regulations, Title 15, Section 3190.

Network Capable Tablets. Incarcerated persons expressly authorized by the Secretary to possess network capable tablets are listed in the Authorized Personal Property Schedules, pursuant to CCRCalifornia Code of Regulations, Title 15, Subsections 3190(b)(1) through (b)(5).

Lapel Pins and Buttons. Incarcerated persons shall be permitted to possess, as personal property, a maximum of two (2) lapel pins or buttons corresponding with their membership, affiliation, or support of outside organizations. Outside organizations may include but are not limited to military, religious, or other self-help groups.

• Lapel pins and buttons may be purchased by an incarcerated person via Trust Account funds or via third party, from either a departmentally-approved or locally-approved vendor and shall be considered special purchases.

• Lapel pins and buttons shall meet the following specifications:

  • No more than two (2) inches in diameter.

  • Single pin design.

  • Rubber clutch, metal deluxe clutch, or metal butterfly clutch backing only.

  • Must not otherwise pose a threat to the safety and security of the institution or persons due to the physical construction or symbolism of the lapel pin or button.

  • Any lapel pins or buttons, which violate existing regulations or are designated as contraband as defined in CCRCalifornia Code of Regulations, Title 15, Section 3006, shall be prohibited and disposed of in accordance with CCRCalifornia Code of Regulations, Title 15, Subsection 3191(c).

Incarcerated persons may receive personal property based upon assigned privilege group as specified in DOMDepartment Operations Manual Subsection 54030.7. Items of authorized property shall be limited to the items and categories listed in the APPS contained in Appendix A.

While no more than one vendor may be used per package, incarcerated persons and their correspondents will be able to choose a different vendor for subsequent personal property package purchases.

Institution head or designees are authorized to utilize non-departmentally approved vendors for purchases of personal property packages to meet specific incarcerated person religious dietary needs. All religious food items shall be consistent with the criteria and categories established in the APPS located in Appendix A. The receipt of a personal property package from a religious specialty vendor shall count as a regular personal property package.

Individual purchases of entertainment appliances and musical instruments by incarcerated persons using funds in their trust account or by a third party shall not be counted as a personal property package unless additional items of personal property are also included.

Quarterly personal property packages may be received by incarcerated persons at any time during a quarterly period. Upon arrival of a package at an institution, designated staff shall verify the eligibility of the incarcerated person to receive the package before issuance. Prior approval is not necessary as the arrival date of a package at an institution shall be the basis for the eligibility determination.

Facilities will make available to all incarcerated persons, procedures for the receipt of packages from approved vendors in accordance with limits set for their assigned privilege group. Facilities are responsible for ensuring that current vendor catalogs and order forms are available in the incarcerated person library and visiting room.

When a package is received at a facility with an address insufficient to locate the incarcerated person, staff shall exhaust all avenues of information in locating the incarcerated person, including determining whether the incarcerated person is Out-to-Court, Out-to-Medical, transferred to another institution, jurisdiction, or parole. Upon determining the incarcerated person’s location, the institution shall notify the package vendor of the change in housing, and process the package in accordance with one of the following options:

• The institution may return the package to the sender. Under these circumstances, the package vendor is responsible for shipping the package to the location where the incarcerated person is housed.

• The institution may forward the package to the location where the incarcerated person is housed.

Institutions may temporarily suspend delivery of inmate packages to all portions of the institution during emergency lockdowns.

Upon resumption of normal operations, inmates who are released from modified program status, housed in an institution experiencing a modified program, shall continue to receive packages within 15 calendar days.

Issuance of packages to inmates affected by modified program status may be temporarily suspended for up to 90 calendar days (one quarter). After 90 days, issuance of previously stored packages is mandatory. A modified program status shall not result in the loss of a quarterly package.

Packages received for inmates who are on modified program status may be temporarily stored in appropriate locations designated by the institution. The institution is responsible for identifying and designating adequate storage space, including emergency overflow storage as required, until such time as staff are able to issue packages.

Packages shall not be returned based solely on the existence of a modified program.

The amount charged an incarcerated person for a self-purchased personal property package order shall include normal taxes and a 10 percent service charge. Service charges shall be deposited in the incarcerated person welfare fund. This service charge is exclusive of such costs as state sales tax, freight, and handling. Personal property packages sent from third parties via approved vendor shall not be subject to any service charge.

Items of personal property may be purchased from approved vendors by third parties of the incarcerated person or purchased directly by the incarcerated person. Authorized items, appliances, or food may be acquired by utilization of this package procedure consistent with the APPS. The determining factor in the number of packages an incarcerated person may receive per year is the privilege group in which the incarcerated person is placed in accordance with their work or program.

Incarcerated persons may obtain approved appliances and musical instruments from approved vendors by having them ordered by correspondents or using the funds in their incarcerated person trust account. A limit of three appliances applies to all incarcerated persons based upon the following definition, with the exception of female hair care appliances as described in DOMDepartment Operations Manual Subsection 54030.9.6(a)(2).

Note: For purposes of this Article, an appliance is defined as:

• Any electrical appliance, (excluding prescribed medical appliances and battery rechargers) that relies on institution power resources to operate. (All electrical appliances are subject to the three-appliance limit.)

• Any audio or visual entertainment appliances, such as radios, televisions, cassette or disk players, etc. (All audio and visual appliances are subject to the three-appliance limit, regardless of electric or battery operated power source.)

• Battery-operated, non-entertainment appliances that do not rely on institution power resources. (Battery-operated, non-entertainment appliances are not subject to the three-appliance limit.)

Items shall be shipped to the incarcerated person’s respective institution by the approved vendor in a factory-sealed container.

It is the responsibility of the incarcerated person or the third party to ensure that packages are ordered before the end of a quarterly period to allow adequate time for delivery within the quarter.

The year shall begin January 1 and end on December 31. The quarters are:

• 1st – January 1 through March 31.

• 2nd – April 1 through June 30.

• 3rd – July 1 through September 30.4th – October 1 through December 31.

• 4th – October 1 through December 31.

Privilege Group A and Privilege Group B

• Incarcerated persons in Privilege Groups A and B shall be allowed 4 packages per year (1 per quarter) not to exceed 30 pounds each. Maximum allowable package dimensions are 24” x 24” x 24”.

Privilege Group C

• Incarcerated persons in Privilege Group C shall not be allowed a personal property package. Incarcerated persons prohibited from receiving a package resulting from recent placement into Privilege Group C shall not be allowed to retain a package which was ordered prior to Privilege Group C placement and received after placement in Privilege Group C. Disallowed packages shall be disposed of pursuant to DOMDepartment Operations Manual Subsection 54030.11.2.

Privilege Group D

• Incarcerated persons in Privilege Group D, including those incarcerated persons housed in Restricted Housing Unit (RHU), shall be permitted to acquire one personal property package per year not to exceed 30 pounds each. Maximum allowable package dimensions are 24” x 24” x 24”. Eligibility to acquire a personal property package commences one year after the date of Privilege Group D assignment.

• Incarcerated persons in a RHU may also purchase an entertainment appliance via the Special Purchase Process. Eligibility to acquire an entertainment appliance commences one year after the date of Privilege Group D assignment.

• Incarcerated persons prohibited from receiving a package as a result of RHU placement shall be allowed to retain the package in their stored personal property if the package was ordered prior to RHU placement and the incarcerated person was otherwise qualified to receive it.

Privilege Group U

• Incarcerated persons in Privilege Group U shall not be allowed a personal property package.

The local Inter-Disciplinary Treatment Team (IDTT) may further restrict or allow additional authorized personal property on a case-by-case basis above that allowed by the incarcerated person’s assigned privilege group.

Vendors for personal property packages, except those vendors approved locally for special religious foods as provided for in DOMDepartment Operations Manual Subsection 54030.6.1, must obtain department approval prior to providing products to incarcerated persons.

The Deputy Director, DAIDivision of Adult Institutions (formerly Institutions Division), has the authority to establish vendor approval guidelines for personal property packages and to add or remove vendors from the Approved Incarcerated person Package Vendors list for vendor non-compliance concerns.

Vendors shall submit a completed vendor application package to the Deputy Director, DAIDivision of Adult Institutions (formerly Institutions Division). Requests for approval shall include all additional materials identified in DOMDepartment Operations Manual Subsection 54030.8.1 and catalogs of items provided with prices. If approved as a vendor, the vendor name and contact information will be provided to the institutions.

It is the intent of the department to ensure Incarcerated Person Package Program catalog items are priced competitively with common retailers in major markets.

The CDCRCalifornia Department of Corrections and Rehabilitation reserves the right to withdraw any vendor approval subject to 30 calendar day’s written notice to the vendor. However, any agreement can be immediately terminated for cause. The term “for cause” shall mean that the vendor fails to meet the terms, conditions, or responsibilities of an agreement. In this instance, the agreement termination shall be effective as of the date indicated on the State’s notification to the vendor.

Vendors submitting requests for department approval shall meet the following minimum requirements:

• All merchandise offered for sale by the vendor is subject to price comparison. Price comparison shall be conducted by the CDCRCalifornia Department of Corrections and Rehabilitation during initial vendor approval and throughout the length of any agreement or contract based upon advertised catalog prices.

  • Vendor’s prices will be compared with non-sale prices on an identical product-for-product basis at major retailers in the following major California markets:

    • Fresno

    • Los Angeles

    • Sacramento

    • San Diego

  • A resulting median price for the specific product will be identified. The vendor’s advertised catalog price shall not exceed the median price by more than 10 percent.

  • If identical items are not located during the initial price comparison in the major California markets identified above, the CDCRCalifornia Department of Corrections and Rehabilitation may extend the price comparison to include other California markets or online retailers, if necessary.

  • If identical items are not located during an extended price comparison, similar items may be relied on as determined by the CDCRCalifornia Department of Corrections and Rehabilitation. The basis for any price comparison shall be at the sole discretion of the CDCRCalifornia Department of Corrections and Rehabilitation.

  • The vendor will be notified if the prices of merchandise are in excess of the 10 percent limit. The vendor will be requested to reduce prices to within the acceptable price range as determined by the CDCRCalifornia Department of Corrections and Rehabilitation or else remove the item from incarcerated person availability. Inability or unwillingness of the vendor to comply with a CDCRCalifornia Department of Corrections and Rehabilitation price reduction or removal request within 30 calendar days of notification shall be cause for termination of any agreement or contract and shall result in disapproval of the vendor to provide services.

  • Vendors shall maintain insurance with Commercial General Liability with Warehouse Legal Liability for a minimum of $1,000,000 per occurrence.

  • Vendors shall possess one or more of the following: a valid California city or county business license (if applicable); if the vendor is a corporation located within the State of California, incorporation documents or letter from the Secretary of State; or, if the vendor is not a California business, an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

  • Vendors shall provide a self-certified Inventory Report showing a minimum of $250,000 worth (advertised retail value) of merchandise on premises (subject to physical verification by the CDCRCalifornia Department of Corrections and Rehabilitation).

  • All merchandise purchased in a single order shall be packaged in one single container. Multiple boxes per order are not permitted.(J) Vendors shall provide copies of CDCRCalifornia Department of Corrections and Rehabilitation-approved catalogs and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months.(K) Upon CDCRCalifornia Department of Corrections and Rehabilitation’s approval of a vendor, all catalogs, order forms, and vendor web sites shall prominently display the following disclaimer:

  • Vendors shall provide copies of CDCRCalifornia Department of Corrections and Rehabilitation-approved catalogs and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months.

  • Upon CDCRCalifornia Department of Corrections and Rehabilitation’s approval of a vendor, all catalogs, order forms, and vendor web sites shall prominently display the following disclaimer:

    • The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) has approved this independent vendor to sell merchandise to incarcerated persons and to the public who may order items for the purpose of being sent to an incarcerated person. CDCRCalifornia Department of Corrections and Rehabilitation’s brief review and approval of this vendor was strictly limited to minimum security requirements and general business intent. The CDCRCalifornia Department of Corrections and Rehabilitation is not affiliated with this vendor and does not guarantee that the vendor will fulfill any obligations, perform as expected, or remain in business; nor does the CDCRCalifornia Department of Corrections and Rehabilitation guarantee the vendor’s products in any way. Any purchases from this vendor are at the buyer’s sole risk. The CDCRCalifornia Department of Corrections and Rehabilitation assumes no liability whatsoever for such purchases, nor any aspect thereof. Any issues or disputes regarding the vendor’s products are the sole responsibility of the buyer and the vendor, and the CDCRCalifornia Department of Corrections and Rehabilitation is not obligated to mediate or resolve any such disputes.

CDCRCalifornia Department of Corrections and Rehabilitation-approved vendor catalogs shall only present items authorized for purchase by CDCRCalifornia Department of Corrections and Rehabilitation incarcerated persons based upon privilege group.

Catalogs shall identify items allowable by privilege group as identified in Appendix A.

Vendors shall require a customer to select a privilege group prior to completion of a purchase. The selection of a privilege group shall act to restrict the purchase of merchandise not allowed for the selected privilege group. Refer to the APPS located in Appendix A for more information.

Items listed in catalogs shall regularly be in stock. Catalogs and order forms shall clearly indicate that back orders or substitutions shall not be permitted. In the event that an item is out of stock, a refund will be issued to the purchaser.

Two copies of the purchase receipt or shipping invoice shall be included in each package, and a copy shall be forwarded to the purchaser if purchased by a non-incarcerated person. (E-mail confirmation is acceptable for orders placed over the Internet.)

Except for special purchases and publications-only packages, the maximum allowable package weight is 30 pounds. This weight limit includes merchandise, packing material, and packaging (tare weight). Packages in excess of 30 pounds shall not be accepted and will be returned at the vendor’s expense.

The catalogs and web sites shall include the shipping weight of each individual item and a method of calculating the total gross weight of the incarcerated person package as customers are limited to a gross weight of 30 pounds or less.

Except for special purchases and publications-only packages, the maximum allowable package dimensions are 24” x 24” x 24.”

All catalogs and web sites shall clearly inform customer of the 30-pound weight limit per package.

All packages shall be labeled Privilege Group A, B, or D based upon the contents of the package. Privilege Group D packages may only contain items authorized for Privilege Group D.

The vendor’s return policy shall be clearly stated in catalogs and on web sites. The CDCRCalifornia Department of Corrections and Rehabilitation shall not be a party in any dispute between the vendor, the incarcerated person, or the purchaser.

Vendors are responsible to correct any errors in package contents. When an incorrect item is received in a vendor package, CDCRCalifornia Department of Corrections and Rehabilitation staff shall verify the error and may contact the vendor to request a United Parcel Service call tag in order to ship the incorrect item back to the vendor. This does not preclude individual institutions from using alternative methods of resolution.

Vendors shall restrict knowledge of identities of both package recipients and purchasers from the vendor staff responsible for assembling packages.

Vendor’s staff responsible for receiving orders, assigning purchase order numbers, and securing numerical identifiers shall not be allowed to assemble packages.

Vendors shall conduct pre-employment urinalysis testing on all employees and provide evidence of such to the CDCRCalifornia Department of Corrections and Rehabilitation on demand.

Vendors shall provide names and identification information of all staff on demand. Current state-issued driver’s licenses or identification cards are accepted as valid identification.

Vendors employing staff possessing felony convictions less than 10 years old shall be disqualified. Vendors employing staff possessing drug-related arrests or convictions less than 5 years old shall be disqualified.

Vendors shall be willing to submit to, and cooperate with, frequent CDCRCalifornia Department of Corrections and Rehabilitation inspections without notice.

Vendor’s receiving, packaging, and shipping areas shall be monitored by a Closed Circuit Television System. Video tapes or other medium providing a record of activities in packaging and shipping areas shall be maintained for a minimum of 30 days. All videos shall provide a date and time stamp and the ability to identify vendor staff.

Vendors shall employ the security measures described in DOMDepartment Operations Manual Subsection 54030.8.2.

Packages shall be sealed with tamper resistant tape.

Approval and use of vendors shall result in no expense to the CDCRCalifornia Department of Corrections and Rehabilitation.

Vendors shall be capable of supplying packages for delivery within no more than 10 days after purchase. Occasional delays in shipments are understood and will not be reason for disapproval of a vendor.

Institution personnel shall maintain a verified copy of the shipping invoice, which may assist in the resolution of any disputes between the vendor and the purchaser. However, all order disputes are solely between the purchaser and the vendor and shall be settled without additional involvement of the CDCRCalifornia Department of Corrections and Rehabilitation.

Packages containing contraband shipped from a vendor will subject the vendor to be removed from the CDCRCalifornia Department of Corrections and Rehabilitation Approved Personal Property Package Vendors list.

Prior to each shipment of packages, the vendor shall provide the receiving institution a shipping manifest containing incarcerated person names, CDCRCalifornia Department of Corrections and Rehabilitation numbers, and a list of secure numerical identifiers (confidential purchase order numbers) that corresponds to each package shipped. The shipping manifest shall be sent to the institution via e-mail or facsimile (FAX) as determined by the institution. Under no circumstances shall the shipping manifest accompany the shipment of packages

Packages shall display only the secure numerical identifier. Neither the incarcerated person’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, shipping manifest containing secure numerical identifiers, nor any other incarcerated person identifying information may be shipped with a package. Standard shipping labels may be used, but shall only provide the vendor’s return address, the institution’s address, and the secure numeric identifier. The numeric identifier and incarcerated person’s Privilege Group shall be clearly displayed on each package to facilitate comparison with the shipping manifest.

Vendors submitting requests for department approval as vendors of religious property shall meet the following minimum requirements:

• All merchandise offered for sale by the vendor is subject to competitor price comparison. Price comparison shall be conducted by the CDCRCalifornia Department of Corrections and Rehabilitation during initial vendor approval and throughout the length of any agreement based upon advertised catalog prices.

  • Vendors’ prices will be compared with non-sale prices on an identical product-for-product basis.

  • A resulting median price for the specific product will be identified. The vendor’s advertised catalog price shall not exceed the median price by more than 10 percent.

  • If identical items are not located during an extended price comparison, similar items may be relied on as determined by the CDCRCalifornia Department of Corrections and Rehabilitation. The basis for any price comparison shall be at the sole discretion of the CDCRCalifornia Department of Corrections and Rehabilitation.

  • Vendors will be notified if the prices of merchandise are in excess of the 10 percent limit. The vendor will be asked to reduce prices within the acceptable price range as determined by the CDCRCalifornia Department of Corrections and Rehabilitation or remove the item from the catalog. Unwillingness or inability of the vendor to comply with a CDCRCalifornia Department of Corrections and Rehabilitation price reduction or removal request within 30 calendar days of notification shall be cause for termination of any agreement or contract and shall result in disapproval of the vendor to provide services.

• Vendors shall maintain insurance with Commercial General Liability and Warehouse Legal Liability for a minimum of $1,000,000 per occurrence.

• Vendors shall possess one or more of the following: a valid California city or county business license (if applicable); if the vendor is a corporation located within the State of California, incorporation documents or letter from the Secretary of State; or, if the vendor is not a California business, an affidavit that the business is in good standing with the state, province, or country in which business is headquartered.

• Vendors shall provide a self-certified Inventory Report showing a minimum of $25,000 worth (advertised retail value) of merchandise on premises (subject to physical verification by the CDCRCalifornia Department of Corrections and Rehabilitation).

• All merchandise purchased in a single order shall be packaged in one single container. Multiple boxes per order are not permitted.

• Vendors shall provide copies of CDCRCalifornia Department of Corrections and Rehabilitation-approved catalogs, product sheets and order forms, free of charge, to institutions. Catalogs shall indicate prices for all items and expiration dates of prices. Prices advertised in catalogs shall have a guaranteed minimum term of 12 months.

• Upon CDCRCalifornia Department of Corrections and Rehabilitation’s approval of a vendor, all catalogs, product sheets, order forms, and vendor web sites shall prominently display the following disclaimer:
  The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) has approved this independent vendor to sell merchandise to incarcerated persons and to the public selling items to an incarcerated person. CDCRCalifornia Department of Corrections and Rehabilitation’s brief review and approval of this vendor was strictly limited to minimum security requirements and general business intent. The CDCRCalifornia Department of Corrections and Rehabilitation is not affiliated with this vendor and does not guarantee that the vendor will fulfill any obligations, perform as expected, or remain in business; nor does the CDCRCalifornia Department of Corrections and Rehabilitation guarantee the vendor’s products in any way. Any purchases from this vendor are at the buyer’s sole risk. The CDCRCalifornia Department of Corrections and Rehabilitation assumes no liability whatsoever for such purchases, nor any aspect thereof. Any issues or disputes regarding the vendor’s products are the sole responsibility of the buyer and the vendor, and the CDCRCalifornia Department of Corrections and Rehabilitation is not obligated to mediate or resolve any such disputes.

• CDCRCalifornia Department of Corrections and Rehabilitation-approved vendor catalogs or product sheets shall only present items authorized for purchase by CDCRCalifornia Department of Corrections and Rehabilitation incarcerated persons based upon the RPPM and privilege group.

• Catalogs or product sheets shall identify items allowable by privilege group as identified in the RPPM.

• Vendors shall require a customer to select a privilege group prior to completion of a purchase. The selection of a privilege group shall act to restrict the purchase of merchandise not allowed for the selected privilege group. Refer to the RPPM located in Appendix B for more information.

• Items listed in catalogs shall regularly be in stock. Catalogs, product sheets, and order forms shall clearly indicate that back orders or substitutions shall not be permitted. In the event that an item is out of stock, a refund will be issued to the purchaser.

• Two copies of the purchase receipt or shipping invoice shall be included in each package, and a copy shall be forwarded to the purchaser if purchased by a non-incarcerated person. (E-mail confirmation is acceptable for orders placed over the Internet.)

• Except for special purchases and publications-only packages, maximum allowable package weight is 30 pounds. This weight limit includes merchandise, packing material, and packaging (tare weight). Packages in excess of 30 pounds shall not be accepted and will be returned at the vendor’s expense.

• The catalogs and web sites shall include the shipping weight of each individual item and a method of calculating the total gross weight of the incarcerated person package as customers are limited to a gross weight of 30 pounds or less. All catalogs and web sites shall clearly inform customer of the 30-pound weight limit. Except for special purchases and publications-only packages, maximum allowable package dimensions are 24” x 24” x 24.”.

• All packages shall be labeled Privilege Group A, B, C or D based upon the contents of the package. Privilege Group D packages may only contain items authorized for Privilege Group D.

• The vendor’s return policy shall be clearly stated in catalogs and on web sites. The CDCRCalifornia Department of Corrections and Rehabilitation shall not be a party in any dispute between the vendor, the incarcerated person, or the purchaser.

• Vendors are responsible to correct any errors in package contents. When an incorrect item is received in a vendor’s package, CDCRCalifornia Department of Corrections and Rehabilitation staff shall verify the error and may contact the vendor to request a United Parcel Service call tag in order to ship the incorrect item back to the vendor. This does not preclude individual institutions from using alternative methods of resolution.

• Packages containing contraband shipped from a vendor will subject the vendor to be removed from the CDCRCalifornia Department of Corrections and Rehabilitation Approved Incarcerated person Religious Vendors list.

• Religious oil bottle caps shall be sealed with shrink wrap. Any bottles received without shrink wrap will be disposed of in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

• Vendors shall conduct pre-employment urinalysis testing on all employees and provide evidence of such to the CDCRCalifornia Department of Corrections and Rehabilitation on demand.

• Vendors shall provide names and identification information of all staff to CDCRCalifornia Department of Corrections and Rehabilitation on demand. Current state issued driver’s licenses or identification cards are accepted as valid identification.

• Vendors employing staff possessing felony convictions less than 10 years old shall be disqualified. Vendors employing staff possessing drug-related arrests or convictions less than 5 years old shall be disqualified.

• Vendors shall be willing to submit to, and cooperate with, frequent CDCRCalifornia Department of Corrections and Rehabilitation inspections without notice.

• Vendors shall document the identity of staff responsible for filling and shipping orders and maintain the information in the vendor’s packaging and shipping areas.

• Packages shall be sealed with tamper resistant tape.

• Approval and use of vendors shall result in no expense to the CDCRCalifornia Department of Corrections and Rehabilitation.

• Vendors shall be capable of ensuring delivery of packages within no more than 10 days after an order is placed. Occasional delays in shipments are understood and will not be reason for disapproval of a vendor.

• Institution personnel shall maintain a verified copy of the shipping invoice, which may assist in the resolution of any disputes between the vendor and the purchaser. However, all order disputes are solely between the purchaser and the vendor and shall be settled without additional involvement of the CDCRCalifornia Department of Corrections and Rehabilitation.

• The statewide CDCRCalifornia Department of Corrections and Rehabilitation Approved Incarcerated person Religious Vendors list may be reviewed by the Statewide Religious Review Committee (SRRC) and renewed annually.

• The SRRC may cap the number of religious vendors of like commodities. Selection of vendors may be based upon competitive merchandise pricing, policy compliance, and review of previous performance concerns.

• Vendors shall employ the security shipping measures described in DOMDepartment Operations Manual Subsection 54030.8.2.

The following subsection gives direction on the control, possession, recording, and disposition of incarcerated person property.

Incarcerated persons may possess food, personal care, and hygiene items in their quarters or living area consistent with their privilege group unless otherwise prohibited by departmental policy as outlined in CCRCalifornia Code of Regulations, Title 15, Subsection 3190(a). The maximum amount of food, personal care, and hygiene items an incarcerated person may possess shall not exceed the amount which can be purchased through the canteen by the incarcerated person in one month, as required by CCRCalifornia Code of Regulations, Title 15, Section 3094 and as described in CCRCalifornia Code of Regulations, Title 15, Subsection 3190(e). Incarcerated persons shall be required to maintain their purchase receipt to verify purchases until such items are expended. Possession of canteen items (personal hygiene and other miscellaneous items), except for consumable food items, shall be consistent with the six cubic feet limitation established in CCRCalifornia Code of Regulations, Title 15, Subsection 3190(f).

Incarcerated persons shall be permitted to temporarily exceed the six cubic feet volume limit by the amount of the current month’s purchase of consumable food items verifiable by the current month’s canteen receipt. By the following month’s canteen draw, the incarcerated person is expected to be within established volume limits.

In the event the incarcerated person does not comply with these provisions for consumable food items (canteen in excess of the one month standard as described in CCRCalifornia Code of Regulations, Title 15, Section 3094, or exceeds the temporary excess allowed for consumable food items or is not able to produce a receipt for items) as described above, the incarcerated person will be required to dispose of property of his or her choice pursuant to DOMDepartment Operations Manual Subsection 54030.11.2 to become compliant with the volume limitation policy.

Pursuant to CCRCalifornia Code of Regulations, Title 15, Subsection 3161(a), incarcerated persons may possess in their assigned quarters or living area up to one cubic foot of legal materials (including legal books), related to an active case, in addition to the six cubic feet of allowable property in their assigned quarters or living area. An incarcerated person may request that the institution securely store excess legal materials or documents related to their active case(s) when such materials or documents exceed this one cubic foot additional allowance. Only that material in excess of the additional one cubic foot shall be stored.

An active case may be defined as any legal action, cause, suit, writ, etc. that an incarcerated person is currently involved in writing or responding to. An active case includes an automatic appeal of a condemned sentence.

A suitable area as designated by the Warden shall be reserved for the storage of excess legal materials. A log record is required of materials stored showing the incarcerated person’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, date of storage, and the receipt and removal of the materials.

The stored materials shall be placed in a box and sealed at the time of storage with the initials of the incarcerated person and staff member involved. When the materials are removed from storage, the incarcerated person shall acknowledge their removal by signing the log record.

Upon an incarcerated person’s request, staff shall schedule an appointment for the incarcerated person to have access to their stored materials. Incarcerated persons shall have access to their stored legal material one time per week.

The incarcerated person is responsible for organizing stored legal materials in a manner that allows staff to identify a specific box for exchange.

Legal books shall not be stored by the institution. Incarcerated persons who require access to the excess active case legal materials from secured storage may exchange such documents for active case materials in their quarters or living area upon written request to the property coordinator or designee on a box-for-box basis while adhering to the limitations set forth in this subsection. Legal materials (including legal books) that do not pertain to the incarcerated person’s active case and are in excess of the allowable property limitation shall be disposed of pursuant to DOMDepartment Operations Manual Subsection 54030.11.2.

Incarcerated persons who enroll in a correspondence course and who are not assigned to the course as an institution education program may possess the materials for that course, including textbooks, in their quarters or living area as approved by designated custody staff consistent within the six cubic feet limitation. Correspondence courses requiring tools, construction kits, or other materials that may pose a threat to the institution’s security or the safety of persons shall not be allowed.

Incarcerated persons who participate in handicraft programs may possess in their quarters or living area, handicraft articles, and written and artistic material produced or created by that incarcerated person, consistent with departmental regulations and within the six cubic feet limitation. Institutions may designate additional storage for handicraft articles and materials based upon availability of space. Excess handicraft items, articles, or materials in an incarcerated person’s possession shall be confiscated and disposed of in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

Incarcerated person donation of handicraft items, articles, tools, and materials to the institution is subject to provisions of DOMDepartment Operations Manual Subsection 101050.14. Such articles shall be controlled by the handicraft manager, become the property of the State, and shall be utilized in the same manner as other State-owned tools and materials.

In addition to the six cubic feet limitation of authorized property as set forth in this Article, incarcerated persons who are assigned to institution Academic or Vocational Educational Programs shall be allowed to possess State provided textbooks, textbooks or materials provided by a college that are necessary for their assigned college course or college program, or materials necessary to complete their education requirements in their quarters or living area. Incarcerated persons shall sign a CDCRCalifornia Department of Corrections and Rehabilitation Form 193, Trust Account Withdraw Order, for replacement costs prior to being issued any state-provided materials or supplies. The institution shall establish a process for the authorization and tracking of state-provided or college-provided textbooks and materials issued to incarcerated persons for use in their assigned living quarters. Any course textbooks furnished by the State shall be returned to the Education Department at the end of the course or upon the incarcerated person’s transfer or release. State supplies not returned in serviceable condition will result in the Trust Account Withdrawal form being submitted for the replacement value. Return of college textbooks or materials provided by a college shall be determined by the college. The Supervisor of Correctional Education Programs shall be responsible for determination of the replacement value of educational supplies provided by the state.

Privilege Groups A and B

• Incarcerated persons assigned to Privilege Group A or B may possess up to three appliances, with the exception of female hair care appliances, as indicated in DOMDepartment Operations Manual Subsection 54030.7.

• Based upon incarcerated person grooming standards as described in CCRCalifornia Code of Regulations, Title 15, Subsection 3062(f) female incarcerated persons may possess up to four appliances when one of the appliances is a hair care appliance.

• Note: In order to facilitate female hair care needs, female institutions shall maintain a hairdryer in each housing unit for incarcerated person use.

• One musical instrument with case may be substituted as one of the three appliances in their quarters or living area consistent with the six cubic foot limitations. When an incarcerated person assigned to Privilege Group A or B is placed in Restricted Housing, any appliances and musical instrument shall be inventoried and stored pending the outcome of RHU placement. If the incarcerated person is released back to the general population and maintains their Privilege Group A or B status, the appliance(s) and musical instrument shall be returned to the incarcerated person. If the incarcerated person receives a RHU term, the incarcerated person shall be required to dispose of the appliance(s) and musical instrument in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

• Note: Incarcerated persons housed at conservation camps shall not possess personal television sets.

Privilege Groups C and U

• Incarcerated persons assigned to Privilege Group C or U may not possess any appliances (i.e., television, radio, CD player, etc.) or musical instruments, nor may they purchase any electrical entertainment or battery-operated type of appliances.

• When an incarcerated person is placed on Privilege Group C via a classification committee action, the incarcerated person shall be required to dispose of any appliance(s) and musical instrument in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

Privilege Group D (RHU)

• Incarcerated persons assigned to RHU may possess one entertainment appliance.

• Incarcerated persons assigned to RHU may possess or acquire through the incarcerated person personal property package process or Special Purchase process, two entertainment appliances as outlined above and as identified in the APPS located in Appendix A. Eligibility to receive an entertainment appliance commences on the date of Privilege Group D assignment. Incarcerated persons assigned to Privilege Group D may not possess a musical instrument.

Appliances may be AC plug-in or may use an AC/DC adapter. Battery-operated non-entertainment appliances shall not be counted against the three-appliance limit. Incarcerated persons may purchase and use rechargeable batteries with a recharger unit. Recharger units and AC/DC adapters are considered appliance accessories and shall not be counted as a separate appliance. Incarcerated persons shall not possess or use a remote-control device. Entertainment appliances with internal mechanisms for recording, downloading, or transmitting shall not be allowed. All appliances, including entertainment appliances, shall be portable models. Entertainment appliances with antennas shall be built in. Entertainment appliances shall have earphones or earplugs that shall be worn on the head or in the ear when the appliance is in use within the housing units.

All appliances shall have the incarcerated person’s name and CDCRCalifornia Department of Corrections and Rehabilitation number engraved on the back and be sealed by staff. Staff shall make the necessary entries on the incarcerated person’s SOMSStrategic Offender Management automated form ISSS051B before releasing the property to the incarcerated person. Any incarcerated person who breaks or tampers with the seal may be subject to disciplinary action and confiscation of the item. Incarcerated persons that are found guilty of breaking or tampering with the seals of any personal appliance may have the appliance confiscated and disposed of in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

Incarcerated persons ordering new or replacement appliances shall be required to purchase clear-case appliances. Non-clear case appliances shall be eliminated through attrition.

Musical instruments and case combined dimensions shall not exceed 46” x 24” x 12”.

In the event of a malfunctioning appliance, the incarcerated person shall be responsible for returning the unit to R&RReceiving and Release for shipment to an authorized repair vendor or institution vocational repair shop, if available. The incarcerated person shall have a minimum of $50 on their trust account for estimates only. If the unit costs more to repair, the incarcerated person shall be contacted regarding the cost. The incarcerated person shall forward the necessary funds to the vendor prior to repair.

Incarcerated persons are prohibited from keeping inoperable appliances in their possession. Appliances that cannot be repaired or for which the incarcerated person has insufficient funds for repair shall be disposed of per DOMDepartment Operations Manual Subsection 54030.11.2.

Incarcerated persons ordering new or replacement appliances shall be required to purchase clear case appliances. Incarcerated persons currently possessing non-clear case appliances shall be allowed to keep those appliances until they are no longer functioning. Non-functioning, non-clear case appliances are considered contraband and shall be disposed of according to DOMDepartment Operations Manual Subsection 54030.11.2.

Incarcerated persons shall not be permitted any personal clothing items other than those listed in the APPS located in Appendix A. No advertising, letters, or pictures depicting or reasonably associated with alcohol, Security Threat Group, profanity, sex, nudity, weapons, drugs, or drug paraphernalia shall be authorized on clothing.

Incarcerated persons may possess authorized personal religious items in accordance with the RPPM and which are consistent with the six cubic feet limitation.

Custody staff shall consult the Religious Review Committee (RRC) when recommending the disapproval of religious items. The RRC shall forward recommended disapproval of religious items to the SRRC.

Procedures

• Religious personal property items can be purchased by an incarcerated person or by a third party from a departmentally-approved religious vendor. Purchases by an incarcerated person shall be paid for by utilizing funds from the incarcerated person’s trust account.

• Except for publications, religious personal property items arriving via third parties, or items shipped from other than approved vendors, shall be returned or disposed of in accordance with DOMDepartment Operations Manual Subsection 54030.11.2. Incarcerated persons may receive publications, including books, directly from a bookstore, distributor, publisher, or religious organization.

Anything not permitted, in excess of the maximum quantity permitted, no longer functioning as designed, that has been modified or tampered with, or which is received or obtained from an unauthorized source is contraband. Possession of contraband may result in disciplinary action and confiscation of the contraband (CCRCalifornia Code of Regulations, Title 15, Section 3006).

The incarcerated person shall be given a written notice for any item(s) of personal and authorized state-issued property that is removed from their quarters during an inspection or search and the disposition made of such property. The notice shall also list any contraband or any breach of security noted during the inspection or search.

Approval for an incarcerated person to permanently or temporarily possess or retain a health care appliance requires a clinical prescription for the appliance and shall be documented on a CDC Form 128-C Medical, Psych, Dental, Chrono.

Incarcerated persons shall be allowed to retain possession of a prescribed health care appliance until a health care evaluation is performed providing that safety and security of the institution will not be compromised. Health care appliances are not subject to the six cubic feet volume limitation nor count towards the three-appliance limit as described in DOMDepartment Operations Manual Subsection 54030.7.

Approved health care appliances include durable medical equipment, assistive devices, adaptive equipment, prosthetic or orthotic appliances, and equipment or medical support equipment, which include, but are not limited to:

• Eyeglasses.

• Prosthetic Eyes.

• Dental prosthesis.

• Prosthetic limbs.

• Orthopedic braces or shoes.

• Hearing aids.

• Wheelchairs.

• Canes.

Following review or inspection of a health care appliance, should a custody supervisor determine that a significant safety or security concern appears to exist, the institution Health Care Manager, Chief Medical Officer, Chief Physician and Surgeon, Chief Dentist, Correctional Health Services Administrator, Physician on Call, or Medical Officer of the Day shall be consulted immediately to determine actions required to safely accommodate the affected incarcerated person’s needs. Accommodation appropriate to the safety and security of the institution may include, but should not be considered limited to:

Modification of the appliance. If this alternative is chosen, equivalent, effective, alternative accommodation shall be provided the incarcerated person while the original appliance is being modified.

Replacement of the appliance with an acceptable one. If this alternative is chosen, equivalent, effective, alternative accommodation shall be provided the incarcerated person while the alternate appliance is being procured.

Special housing. If this alternative is chosen, and housing in a medical bed is required because of nursing care needs that would not be necessary if the incarcerated person could be allowed an effective appliance, the incarcerated person-patient shall be seen as being housed solely on the basis of a disability.

Expedited transfer to a designated institution.

Substitution of non-medical personal services for an appliance (where Incarcerated person Assistant programs have been established) or expedited transfer to an institution where such programs exist.

When issuing items of property to an incarcerated person, whether originating from a special purchase or an incarcerated person package, issuing staff are required, at a minimum, to visually observe and physically hand each item of registerable and non-registerable property to the incarcerated person. Staff shall not be responsible for conducting an inventory of non-registerable property during the issuance process.

Prior to issuing a special purchase or an incarcerated person package to the incarcerated person, Receiving and Release staff shall log the package on the SOMSStrategic Offender Management automated form ISSS053B Property Package Received.

At the completion of the issuance process, the incarcerated person shall verify that the property is correct as compared with the shipping invoice contained inside the package by signing the staff copy of the shipping invoice. If a discrepancy is identified, the incarcerated person is responsible for showing the discrepancy to staff who shall note the discrepancy on the staff copy of the invoice. One copy of the invoice is retained by the institution for a minimum of one year and one copy of the invoice is provided to the incarcerated person. While resolution of discrepancies is strictly between the purchaser and the vendor, the copy of the invoice maintained by institutional staff shall serve as verification of any discrepancy claims. serve as verification of any discrepancy claims.

Personal property items, which are not consumable and that possess enough intrinsic value to be a significant target for theft or bartering, are considered registerable property. Registerable personal property is identified in the APPS located in Appendix A. 

When designated items are identified as registerable, such items shall be registered under the incarcerated person’s name and CDCRCalifornia Department of Corrections and Rehabilitation number on SOMSStrategic Offender Management automated form ISSS051A, Registerable Property Items. Staff shall include the purchase date and purchase price, and shall attach a copy of the purchase receipt in the SOMSStrategic Offender Management automated form ISSS051B. If the ability to scan the receipt into SOMSStrategic Offender Management is unavailable, institutions shall maintain a paper copy of the receipt.

It is the responsibility of the incarcerated person to account for all registerable property listed on the SOMSStrategic Offender Management automated form ISSS051A. Staff shall document property incarcerated persons cannot account for on appropriate forms (CDC Form 128-A, Custodial Counseling Chrono, Rules Violation Report, or both), should progressive discipline be deemed necessary given the circumstances for the missing property.

The incarcerated person shall report, all registerable property that is lost, stolen, or worn-out to R&RReceiving and Release personnel as soon as the loss or unusable status is discovered. A description of the item(s) and the circumstances surrounding the loss shall be documented by the institution in accordance with local procedures.

Unauthorized incarcerated person personal property, including that which is altered, exceeds volume limitations, or is beyond repair, shall be disposed of in accordance with the provisions of this subsection. The institution shall not store unauthorized incarcerated person property except as provided for incarcerated persons placed in RHU in DOMDepartment Operations Manual Subsection 54030.12.2.

Incarcerated persons shall sign the SOMSStrategic Offender Management automated form ISST200 indicating their choice of disposition and agreement to the method for disposing of their property. If the incarcerated person makes no selection or has insufficient funds, staff shall document that fact and determine the method of disposition. Unauthorized personal property shall be disposed of as follows:

• Mail the item to an address provided by the incarcerated person via United States Postal Service (USPSUnited States Postal Service) or common carrier at the incarcerated person’s expense. This option is not available for incarcerated persons with insufficient funds in their trust account. Failure to provide an address of an individual willing to accept the personal property results in the property being donated to a charitable organization, donated to the institution, or rendered useless and disposed of per institution procedures. Incarcerated persons are not permitted to send their property to any State agency or agent of the State. Failure to comply may result in disciplinary action.

• Return the item to the sender via USPSUnited States Postal Service or common carrier at the incarcerated person’s expense. This option is not available for incarcerated persons with insufficient funds in their trust account.

• Unopened packages may be refused and returned to sender. Staff shall complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 1819, Notification of Disapproval for Mail/Packages/Publications, to notify the incarcerated person the package has been returned.

• Donate the item to a charitable organization as designated by the institution.

• Donate the item to the institution.

• Render the item useless and dispose of it according to institution procedures.

Unauthorized incarcerated person personal property, including that which is altered, exceeds volume limitations, or is beyond repair, shall be disposed of in accordance with the provisions of this subsection. The institution shall not store unauthorized incarcerated person property except as provided for incarcerated persons placed in RHU in DOMDepartment Operations Manual Subsection 54030.12.2.

Incarcerated persons shall sign the SOMSStrategic Offender Management automated form ISST200 indicating their choice of disposition and agreement to the method for disposing of their property. If the incarcerated person makes no selection or has insufficient funds, staff shall document that fact and determine the method of disposition. Unauthorized personal property shall be disposed of as follows:

• Mail the item to an address provided by the incarcerated person via United States Postal Service (USPSUnited States Postal Service) or common carrier at the incarcerated person’s expense. This option is not available for incarcerated persons with insufficient funds in their trust account. Failure to provide an address of an individual willing to accept the personal property results in the property being donated to a charitable organization, donated to the institution, or rendered useless and disposed of per institution procedures. Incarcerated persons are not permitted to send their property to any State agency or agent of the State. Failure to comply may result in disciplinary action.

• Return the item to the sender via USPSUnited States Postal Service or common carrier at the incarcerated person’s expense. This option is not available for incarcerated persons with insufficient funds in their trust account.

• Unopened packages may be refused and returned to sender. Staff shall complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 1819, Notification of Disapproval for Mail/Packages/Publications, to notify the incarcerated person the package has been returned.

• Donate the item to a charitable organization as designated by the institution.

• Donate the item to the institution.

• Render the item useless and dispose of it according to institution procedures.

The following subsection gives direction, disposition, and processing of incarcerated person property when being transferred, placed in RHU, Out-to-Court, Out-to-Medical, or extradition.

Upon an incarcerated person’s transfer between CDCRCalifornia Department of Corrections and Rehabilitation institutions, the sending institution shall inventory the incarcerated person’s property on a SOMSStrategic Offender Management automated form ISST200. R&RReceiving and Release staff shall account for all personal property and document the disposition of any property not allowed at the receiving institution. For purposes of incarcerated person transport, canteen and hygiene are included within the six cubic feet of allowable property.

The APPS shall be used as the basis for determination of property decisions. Changes in an incarcerated person’s privilege group and volume limitations are addressed in the APPS located in Appendix A.

When an incarcerated person reports to R&RReceiving and Release for transfer at the sending institution with their personal property, they shall be informed that any item that cannot be transported or that will not be accepted at the receiving institution shall be disposed of by the methods outlined in DOMDepartment Operations Manual Subsection 54030.11.2.

A signed copy of the SOMSStrategic Offender Management automated form ISST200 shall be placed in each box containing the incarcerated person’s personal property. A copy shall be provided to the incarcerated person, and copies shall be retained by the sending R&RReceiving and Release and the receiving institution to facilitate the resolution of incarcerated person property claims. The receiving institution shall document the disposition of any disallowed property items that were not identified and confiscated by the sending institution.

The CDC Form 143 shall be completed by R&RReceiving and Release staff and a copy shall be provided to transporting staff.

All boxes and containers used to transport incarcerated person property shall not exceed 24” x 24” x 24” maximum dimensions nor be in excess of 30 pounds of property each. Exceptions will be made for oversized publications, if needed.

All health care appliances belonging to an incarcerated person shall be transported with the incarcerated person. Upon an incarcerated person’s release (i.e., parole), all health care appliances permanently issued to the incarcerated person shall be retained and maintained by the incarcerated person. Health care appliances temporarily issued to the incarcerated person for use during incarceration shall be retained at the institution.

A laptop assigned to the incarcerated person by education is not the incarcerated person’s personal property and shall not be transported with the incarcerated person to the receiving institution.

Upon the incarcerated person’s arrival at the receiving institution, staff shall issue their personal property in accordance with current departmental regulations. Personal property shall be issued as soon as possible, but no later than 15 calendar days from when the personal property arrived at the receiving institution.

Restricted Housing Unit

• Unissued authorized property for incarcerated persons on RHU status shall be inventoried by appropriate staff and stored in areas designated for property storage pending the outcome of RHU placement. Property inventory shall be completed in accordance with DOMDepartment Operations Manual Subsection 54030.5.

• Upon initial RHU placement, the institution shall provide the incarcerated person basic hygiene and writing materials, (i.e., fish kit). In addition, the incarcerated person shall be provided access to their personal address book and stamps in order to facilitate access to correspondents and the courts.

• If the Institution Classification Committee retains the incarcerated person in RHU after initial RHU review, the incarcerated person shall have access to canteen as provided for in DOMDepartment Operations Manual Subsection 54070.6.1 based upon a schedule determined by the institution. Additionally, the incarcerated person shall have access to all authorized personal property, as determined by the APPS located in Appendix A. The personal property shall be issued as soon as possible, but no later than 15 calendar days from the date the incarcerated person was retained in RHU.

• If the incarcerated person is released back to the general population and maintains their original Privilege Group status, the personal property shall be returned to the incarcerated person as soon as possible, but no later than 15 calendar days from the date of their return to general population. If the incarcerated person receives a RHU term, the incarcerated person shall be required to dispose of all unauthorized property prior to transfer in accordance with DOMDepartment Operations Manual Subsection 54030.11.2.

The property of incarcerated persons on temporary transfer status shall be processed as follows:

• Out-to-Court

  • Incarcerated persons going Out-to-Court who are not returning the same day shall report to R&RReceiving and Release with all of their personal property. R&RReceiving and Release staff shall inventory and store the property until the incarcerated person returns from court. If an incarcerated person is paroled, released, or discharged while on Out-to-Court status, all tangible property, such as clothing, appliances, and paperwork shall be stored for a period of one year. Intangible property, such as incarcerated person funds, shall be maintained for a period of three years. If no claim is made on the property by expiration of time frames, final disposition shall be in accordance with PCPenal Code Sections 5062 and 5063.

  • In institutions that have authorized property storage areas within the housing unit, staff from the respective unit may inventory and store the incarcerated person’s property.

  • Upon returning to the institution, the incarcerated person’s personal property shall be returned as soon as possible, but no later than 15 calendar days from their date of return. If the incarcerated person is transferred to another institution, their personal property shall be shipped to the receiving institution and issued as soon as possible, but no later than 15 calendar days from the date the property is received by the receiving institution.

• Hospital, Out-Patient Housing Unit or Correctional Treatment Center

  • Incarcerated persons transferring to a hospital, Out-Patient Housing Unit (OHU), or Correctional Treatment Center (CTC) who are not returning the same day shall turn in all property to the housing unit officer or R&RReceiving and Release. The property shall be inventoried and properly stored in accordance with this subsection until the incarcerated person returns from the hospital, OHU, or CTC.

  • Incarcerated persons going to a hospital, OHU, or CTC and returning the same day shall not be required to store their property in the property room.

  • Incarcerated persons placed in a hospital, OHU, or CTC due to an accident or emergency shall have their property collected, inventoried, and stored in R&RReceiving and Release (or other approved area) by the housing unit officer or designee.

  • Incarcerated persons transferring on medical and return status to other institutions shall store their property in R&RReceiving and Release or other designated areas.

• Return

  • Upon release and return from the hospital, OHU, CTC, or special housing units, the incarcerated person’s property shall be returned as soon as possible, but no later than 15 calendar days from their date of return. If the incarcerated person is transferred to another institution, their personal property shall be shipped to the receiving institution and issued as soon as possible, but no later than 15 calendar days from the date the property is received by the receiving institution. The incarcerated person shall be provided an opportunity to sign for their property inventory to acknowledge receipt. Issuing staff shall document instances where an incarcerated person refuses to provide a signature acknowledging receipt of their property.

Incarcerated persons or supervised persons requiring extradition transport from any state or territory of the United States are personally responsible for the disposition of their personal property. It is the incarcerated person’s responsibility to make arrangements with the holding agency for the disposal, storage, or mailing of their property prior to being transported by extradition agents. Extradition agents shall not be responsible for incarcerated person property left at the sending agency or institution. At no time shall incarcerated person property be checked onto airplanes or transported in the baggage compartment of the aircraft. The only exception is wheelchairs or other prescribed health care appliances.

Incarcerated persons being extradited shall not retain any property on their person except prescribed medications and health care appliances as necessary, e.g., prescribed eyeglasses. Only authorized property that can fit into a 10” x 12” clasp envelope including, but not limited to, jewelry, wallet, watch, family pictures, or printed material shall be allowed to be transported with the incarcerated person. Incarcerated person property shall be inventoried on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1083. A copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1083 shall be placed in the sealed envelope, a copy shall be provided to the incarcerated person, and a copy shall be retained by the extradition agent. The envelope shall then be secured in the agent’s carry-on baggage or secured compartment in a transportation vehicle. The incarcerated person may wear his or her own clothing and shoes if deemed appropriate for transport purposes by the assigned State agents.State agents.

Incarcerated persons being extradited from the CDCRCalifornia Department of Corrections and Rehabilitation to other jurisdictions, states, or territories of the United States may be allowed to retain all or a portion of their property as determined by the transporting extradition agent. In cases where personal property is not permitted to be transported, incarcerated persons shall be provided the opportunity to select appropriate disposition of their property as follows:

• Incarcerated persons permanently transferring to the custody of another agency shall be provided with the opportunity to mail all property to an address of their choosing via the USPSUnited States Postal Service or common carrier at the incarcerated person’s expense.

• Indigent incarcerated persons shall have property shipped to an address of their choosing at the CDCRCalifornia Department of Corrections and Rehabilitation’s expense.

• Note: If no address is provided or previously mailed property is returned as undeliverable, all tangible property shall be placed in storage for a period of one year. Intangible property shall be maintained for a period of three years. If no claim is made on the property after expiration of time frames, final disposition shall be in accordance with PCPenal Code Sections 5062 and 5063.

• Incarcerated persons temporarily transferring OTCOut To Court and other temporary transfers, shall have property stored pending their return to CDCRCalifornia Department of Corrections and Rehabilitation custody. All property will remain in storage until the incarcerated person is either returned to CDCRCalifornia Department of Corrections and Rehabilitation custody or paroled or discharged. If paroled or discharged, all tangible property shall be stored for a period of one year. Intangible property shall be maintained for a period of three years. If no claim is made on the property after expiration of time frames, final disposition shall be in accordance with PCPenal Code Sections 5062 and 5063.

Incarcerated persons scheduled for parole or awaiting discharge may be sent a release-clothing package via USPSUnited States Postal Service or common carrier no earlier than 30 days prior to their scheduled parole or discharge date. Incarcerated person release-clothing packages, limited to one set of clothing, shall be retained in a secure location by departmental staff.

The Department shall not assume responsibility for property abandoned by an escapee until such time as the escape is discovered and the property is inventoried

All personal property of escapees shall be inventoried and transferred to the investigating lieutenant. In accordance with PCPenal Code Section 5062 tangible property shall be stored for a period of one year. Intangible property shall be maintained for a period of three years. Final disposition of property shall be in accordance with PCPenal Code Sections 5062 and 5063.

All personal property of a deceased incarcerated person shall be inventoried on a SOMSStrategic Offender Management automated form ISST200 and stored in a location designated by the Warden. The deceased incarcerated person’s Central File shall be reviewed for written directions of the decedent as to the next-of-kin. The deceased incarcerated person’s property shall be shipped to the next-of-kin as designated on the SOMSStrategic Offender Management – Notification in Case of Death, Serious Injury, or Serious Illness, at the incarcerated person’s expense. If funds are not available in the incarcerated person’s trust account, the property shall be shipped to the person designated on the SOMSStrategic Offender Management – Notification in Case of Incarcerated person Death, Serious Injury, or Serious Illness only after contact and willingness to receive property is established.

If no willing recipient can be identified or previously mailed property is returned as undeliverable, all tangible property shall be placed in storage for a period of one year. Intangible property shall be maintained for a period of three years. If no claim is made on the property before expiration of time frames, final disposition shall be in accordance with PCPenal Code Sections 5062 and 5063.

The Deputy Director, Facility Support, DAIDivision of Adult Institutions (formerly Institutions Division), shall ensure the contents of this Article are current.