Chapter 5 – Adult Custody and Security Operations

54030.9.2 Legal Materials

• 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.