Section 3282 - Use of Telephones by Incarcerated Persons(a) For purposes of this section:(1) An "emergency call" means a telephone call regarding the serious illness or injury, or the death of an incarcerated person's immediate family member.(2) A "confidential call" means a telephone call between an incarcerated person and their attorney which both parties intend to be private.(3) An "incarcerated person telephone" means a telephone designated solely to accommodate incarcerated person-originated nonconfidential personal calls.(4) An "intrafacility telephone" means a telephone which is not capable of direct-dial connections to telephones outside of the facility.(5) A "prison telephone" means a telephone that is capable of outside access and is not monitored or recorded.(b) Facilities shall provide incarcerated person telephones for use by incarcerated persons consistent with their assigned privilege group. Incarcerated persons may place collect telephone calls to persons outside the facility at designated times and on designated telephones, as set forth in local procedures. Limitations may be placed on the frequency and length of such calls based on the incarcerated person's privilege group as outlined in section 3044, and to ensure equal access. Telephone calls requiring the use of a Telecommunication Device for the Deaf (TDD) or voice relay service shall have extended time scheduled due to the time delay which results from the TDD relay process.(c) An incarcerated person shall not: (1) Use an intrafacility telephone except as specifically required or authorized by staff.(2) Use a telephone capable of direct-dial connection with a public telephone system, except as authorized by staff.(3) Charge a call to a credit card.(4) Place a third party call.(5) Ask the operator for an emergency interruption.(6) Place a call to an "800," "900," "976," "911," "411," or other special service number. Incarcerated persons that have a verified need to utilize the (1-800) TDD or relay service shall notify the correctional staff to facilitate the (1-800) TDD call.(7) Place a call to an incarcerated person at any other facility.(8) Place calls to victims, peace officers, or other persons who have made an official written request not to receive telephone calls.(9) Knowingly participate in a forwarded, transferred, or three-party call on an incarcerated person telephone.(d) Except as provided in this section, no limitation shall be placed on the identities or relationships of persons to whom an incarcerated person may place a collect call.(e) All incarcerated person calls placed on intrafacility and incarcerated person telephones may be subject to monitoring and recording at any time by institution staff.(f) A conspicuous notice in English and Spanish shall be posted at each incarcerated person telephone capable of recording and monitoring stating in both languages: All numbers dialed and conversations on this telephone may be recorded and may be monitored without any further notice. By using this telephone, you agree to the monitoring and recording. It is your responsibility to notify the person called that their conversation and telephone number may be monitored and will be recorded." Staff who authorize an incarcerated person to use an unposted telephone for a nonconfidential call shall inform that incarcerated person before the call is made regarding the notice of monitoring/recording requirement.(g) If staff designated by the institution head determine that an incoming call concerns an emergency or confidential matter, the caller's name and telephone number shall be obtained and the incarcerated person promptly notified of the situation. The incarcerated person shall be permitted to place an emergency or confidential call either collect or by providing for the toll to be deducted from the incarcerated person's trust account. A confidential call shall not be made on an incarcerated person telephone and shall not be monitored or recorded. If a call is determined to be an attorney and incarcerated person confidential phone call, in order for the incarcerated person to place or receive the call it must have already received approval or clearance in accordance with subsections (g)(1), (g)(2) and (g)(4). (1) Confidential calls may be approved on a case-by-case basis by the institution head or designee, upon written request from an attorney on the attorney's office letterhead stationery. The request shall be made by written request via U. S. Postal Service or facsimile to the Institution Litigation Coordinator or designee. To obtain approval/clearance, the attorney shall provide in writing the following personal and professional information: (D) Valid driver's license or state-issued identification card number.(E) Proof of current registry and good standing with a governing bar association, and(F) Indication of the jurisdiction(s) licensed to practice law. If the requesting attorney wishes to have a representative conduct the confidential phone call, the attorney representative must provide all applicable information listed above in addition to the attorney submitting their information. Refer to Title 15, subsection 3178(c)(1) for attorney representative criteria.(2) Requesting attorney/attorney representative shall report any prior felony convictions or pending arrest dispositions, describe and explain any prior suspension or exclusion from a correctional facility, and declare under penalty of perjury one or more of the following:(A) They are the named incarcerated person's attorney either by appointment by the court or at the incarcerated person's request,(B) They have been requested by a judge to interview a named incarcerated person for purposes of possible appointment as counsel by the same court,(C) They are requesting to call a named incarcerated person who may be a witness directly relevant to a legal process, purpose, or proceeding,(D) They are seeking to interview a named incarcerated person, at the request of the incarcerated person, for the purpose of representation of the incarcerated person in a legal process, for a legal purpose or in a legal proceeding, and(E) They have been requested by a third party to consult with the named incarcerated person when the incarcerated person cannot do so because of a medical condition, disability or other circumstance.(3) Any false statement or deliberate misrepresentation of facts specific to the information required in subsection (g)(2) shall be grounds for denying the request or cause for subsequent suspension or exclusion from all institutions/facilities administered by the department.(4) Upon receipt of the information specified in (g)(1), a California law enforcement telecommunications system (CLETS) check of the attorney/attorney representative through the Department of Justice and verification of the attorney's credential through the governing state bar will be conducted. Once the clearance and state bar verification have been obtained and approved the attorney shall be contacted to schedule the confidential telephone call with the specified incarcerated person. Attorneys and attorney representatives shall immediately report to the Institution Litigation Coordinator any change in personal or professional information, arrest history and or pending dispositions and declarations made in subsections (g)(1) and (g)(2) to retain their approval/clearance. In addition, a CLETS check will be conducted at least annually and as needed based on changes provided to the above listed information or information from any source that such changes had occurred.(5) The date, time, duration, and place where the incarcerated person will make or receive the call, and manner of the call are within the discretion of the institution head, except as restricted herein. A confidential call from an incarcerated person shall be placed as a collect call or by providing for the toll to be deducted from the incarcerated person's trust account and made from a prison telephone or, with appropriate authentication of the caller, may be received from an attorney.(6) It is within the discretion of the institution head, or their designee, to approve or deny a confidential call. As long as the attorney/client communication privilege is not violated, a confidential call may be denied where the institution head, or their designee, determines that normal legal mail or attorney visits were appropriate means of communication and were not reasonably utilized by the incarcerated person or attorney. Where demand for confidential calls seriously burdens institutional operations, the institution head, or their designee, shall prioritize confidential calls.(7) Emergency calls on prison telephones between an incarcerated person and clergy, other religious advisors, or health care professionals shall be approved or denied on a case-by-case basis by staff designated by the institution head.(8) Approved attorneys, approved attorney representatives, and confidential phone call applicants still pending approval may file a complaint regarding departmental policies, local procedures, or staff decisions related to confidential phone calls with the Warden or other official responsible for that housing unit.(h) Telecommunication Device for the Deaf (TDD) telephones shall be made available to incarcerated persons with a documented severe hearing impairment for personal, emergency, and confidential calls, which shall be subject to the provisions of this section. (1) Assistive device telephones and additional time on telephones may be necessary to provide accommodations for incarcerated persons and their callers with disabilities.(2) The facility shall provide for the procedures necessary to ensure effective telephone communications for incarcerated persons with disabilities and/or the disabled person(s) with whom they are communicating.(i) All calls made on incarcerated person telephones shall have an announcement before and at random intervals during the calls stating that the call is from an incarcerated person at a California state correctional facility and is being recorded.Cal. Code Regs. Tit. 15, § 3282
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Amendment of subsection (d) filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further amendments, transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)-(g)(1), including renumbering of portion of subsection (g)(1) to new subsection (g)(5), new subsections (g)(1)(A)-(F), renumbering of former subsections (g)(2)-(3) to new subsections (g)(6)-(7) and new subsections (g)(2)-(4) and (g)(8) filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).
10. Amendment of subsection (b) filed 9-24-2013 as an emergency; operative 9-24-2013 (Register 2013, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-3-2014 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 9-24-2013 order transmitted to OAL 2-20-2014 and filed 3-24-2014 (Register 2014, No. 13).
12. Amendment of subsections (g) and (g)(8) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
13. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsections (g) and (g)(8) refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsections (g) and (g)(8) refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
17. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).