Chapter 5 – Adult Custody and Security Operations

51080.5 Inmate Civil Rights

• 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).