Chapter 5 – Adult Custody and Security Operations

Inmates under the custody of the Department shall not be granted any rights or privileges that are not required by the United States Constitution or by the laws of California. A person sentenced to imprisonment in a state prison may, during that period of confinement, be deprived of such rights, and only such rights, as are reasonably related to legitimate penological interests.

The policy, procedural, and operational instructions of the Department and its institutions shall be promulgated to meet the requirements of Penal Code (PCPenal Code) 2600 and 2601.

Health care treatments, including medications and tests, shall not be forced over the objections of a mentally competent inmate, except when permitted by law to prevent infectious diseases or unless the procedures set forth in DOMDepartment Operations Manual 91090 (Involuntary Psychotropic Medications) are followed. When an inmate is unable to make an informed decision due to a medical emergency, all immediately necessary actions shall be taken. An emergency exists when there is a sudden marked change in the prisoner’s condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others and it is impracticable to first obtain consent.

If medical care requiring informed consent is believed necessary and the inmate cannot make health care decisions in non-emergency situations, the determination on care and treatment will be based on the inmate’s health care directive; a surrogate decision maker, including the patient’s conservator, guardian, or responsible relative; or through the procedures set forth in Probate Code 3200 et seq. (Authorization of Medical Treatment for an Adult Without a Conservator).

Inmates are disqualified from voting while serving a prison term for the conviction of a felony. Upon completion of the prison term, their right to vote is restored.

PCPenal Code 2601 specifies that inmates shall have the following civil rights:

• Inmate Real or Personal Property

  • To inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by such person during the period of imprisonment. However, to the extent authorized in PCPenal Code 2600, CDCRCalifornia Department of Corrections and Rehabilitation may restrict or prohibit sales or conveyances that are made for business purposes.

• Confidential Correspondence

  • To correspond, confidentially, with any member of the State Bar of California or holder of public office, provided that the prison authorities may open and inspect incoming mail, in the presence of the addressee, to search for contraband. Confidential correspondence shall be processed in accordance with CCRCalifornia Code of Regulations 3141 through 3145.

• Inmate Mail

  • To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the USPSUnited States Postal Service. Disapproved mail shall be handled in accordance with CCRCalifornia Code of Regulations 3136. Pursuant to this section, prison authorities may exclude any of the following matter:

  • Obscene publications or writings, and mail containing information concerning where, how, and from whom this matter may be obtained.

  • Any manner of contraband as described in CCRCalifornia Code of Regulations 3006.

  • Any matter concerning gambling or a lottery.

• Nothing in this section shall be construed as limiting the right of prison authorities to open and inspect any and all packages received by an inmate.

• Inmates may possess a reasonable number of publications, including books, magazines, and newspapers, as directed by the Authorized Personal Property Schedule in DOMDepartment Operations Manual 54030.17. Publications addressed to inmates shall be processed in accordance with CCRCalifornia Code of Regulations 3134.1.

• Other Rights

  • To initiate civil actions, subject to a $3 filing fee to be collected by CDCRCalifornia Department of Corrections and Rehabilitation in accordance with the procedures set forth in DOMDepartment Operations Manual 14010.19.1.

  • To marry, subject to the procedures provided under DOMDepartment Operations Manual 101070.

  • To create a power of appointment.

  • To make a will.

  • To receive all benefits provided for in Labor Code 3370 and 3371 (Worker’s Compensation Benefits for Inmates) and in PCPenal Code 5069 (Rehabilitative Programs for Injured Inmates).

Application for restoration of the above-stated civil rights is not required. However, full civil rights may also be restored upon application and grant of a pardon by the Governor, pursuant to PCPenal Code 4800 et seq. (Reprieves, Pardons, and Commutations), and 4853 (Restoration of Rights).

The General Counsel, Office of Legal Affairs, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

Penal Code §§ 2600, 2601, 4800 et seq., 4853, and 5069.

Probate Code §§ 3200 et seq.

Labor Code §§ 3370 and 3371.

California Constitution, Article I, § 28(a)(5).

California Constitution, Article II, § 4.

CCRCalifornia Code of Regulations (15) (3) §§ 3006, 3134.1, 3136, 3141 – 3145, and 3351.

DOMDepartment Operations Manual §§ 14010.19.1, 54030.17, 90109, 101070.

Revised: September 10, 2010. 

Revised: December 20, 2021.