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Prison Legal News v. Schwarzenegger, Settlement, California DOC Censorship, 2006

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Settlement Agreement
This Settlement Agreement is made between Prison Legal News (PLN) and the
California Department of Corrections and Rehabilitation (CDCR) by and through the
Secretary of CDCR, in his official and individual capacity. This Settlement Agreement
sets forth the terms and conditions of an agreement to settle specific claims that will be
brought by PLN either before an administrative agency or in a court alleging that the
CDCR, or CDCR employees, censored PLN publications. PLN and the CDCR
collectively are "the Parties." This Settlement Agreement is legally binding and
enforceable on the Parties as a contract formed under California law.
WHEREAS, pursuant to terms of the "Agreement to Negotiate," attached hereto
as Appendix A and incorporated by reference, the Parties agreed to engage in settlement
negotiations regarding allegations by PLN of ongoing violations of federal and state law
by the CDCR's adult institutions;
WHEREAS, the Parties met and conferred several times, in person, telephonically,
and by U.S. mail and electronic mail, and reached accord as to the terms of settlement of
PLN's claims;
WHEREAS, pursuant to the "Agreement to Negotiate," Paragraph 6, the Parties
agreed that each agreement would be reduced to writing as a binding Memorandum of
Understanding (MOU) between the Parties;

1

WHEREAS, the Parties agreed to enter into this Settlement Agreement in lieu of
drafting individual MODs for each of the following issues described in Paragraph 1 of the
"Agreement to Negotiate:"
It is HEREBY agreed as follows:

1.

The Parties engaged in good faith negotiations and have agreed to resolve specific
PLN claims as follows:
a)

The practice by CDCR adult institutions of requiring publishers such as
PLN to use special, approved vendor labels when distributing publications
to CDCR inmates shall cease. CDCR policy shall be modified to reflect
this change. Specifically, the CDCR draft Department Operations Manual
(DaM) section 54010.8, attached hereto as Appendix B and incorporated
by reference, clarifying that special vendor labels are not required, shall be
approved and enforced at the institutional level.

b)

The practice by CDCR adult institutions of requiring publishers such as
PLN to obtain approved vendor status shall cease. CDCR policy shall be
modified to reflect this change. Specifically, the CDCR draft DaM section
54010.8, attached hereto as Appendix B and incorporated by reference,
clarifying that approved vendors are any publishers with a mail-order
business, shall be approved and enforced at the institutional level.

c)

The practice by CDCR adult institutions of banning hardcover publications
shall cease. CDCR policy shall be modified to reflect this change.
2

Specifically, the CDCR draft DOM section 54010.20.2, attached hereto as
Appendix C and incorporated by reference, directing CDCR staff to inspect
each incoming hardcover book to ensure it does not violate any other
departmental policies and, at the inmate-recipient's direction, to remove the
hard cover in front of the inmate, shall be approved and enforced at the
institutional level.
d)

The practice of CDCR adult institutions to impose a weight restriction on
books mailed to inmates shall cease. CDCR policy shall be modified to
reflect this change.

e)

Before or upon completion of all policy revisions pertaining to inmate mail,
which is expected to be completed on or before April 1, 2007, the Deputy
Director of the CDCR Division of Adult Institutions shall draft a new
memorandum regarding the processing of mail and receipt of books at
CDCR adult institutions that is consistent with constitutional requirements
for mail and books. A copy of that memorandum will be provided to
PLN's attorneys within 30 days after it is issued.

f)

The parties agree that CDCR will impose a volume limitation on personal
property with an extra allowance of one additional cubic foot for legal
material for active cases as defined in the DOM. The parties agree that per
the DOM, publications beyond the five publications permitted for inmates
in administrative segregation will be stored as excess property. The inmate

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shall be given the option of deciding which publication will go to stored
property.
g)

"Legal material" is considered as defined in the DOM. The parties agree
that per the DOM, "legal materials" include law-related books, law-related
documents, law-related publications, and court transcripts. Legal material
that is a book, magazine, or publication will not count toward the item limit
(five or ten) of books, magazines or publications that inmates are permitted
according to their privilege group as detailed in the property schedule found
in the DOM. The following are examples of items that are "legal material":
court transcripts, court documents, Blacks Law Dictionary, California State

Prisoners Handbook by the Prison Law Office, California Codes, Prison
Legal News publications, and official reports of case law (i.e., California
Reporters).
h)

The parties agree that when CDCR adult institutions disallow books,
magazines, newspapers, or periodicals, the adult institutions shall notify the
inmate that it is disallowed and will notify the publisher in compliance with
due process requirements. CDCR adult institutions will use a form
notification to publishers in substantially the same form as Appendix D.

i)

The parties agree that the CDCR will develop a centralized list of
disapproved magazines or publications that are prohibited as offensive,
threatening, contain security concerns, or obscene as described in the DOM,
4

or any other regulation. The CDCR will provide a copy of that list to
PLN's attorneys within 30 days after it is issued. The parties agree that the
centralized list is not the only method to prohibit publications, and that
nothing prohibits institutions from disallowing material as described in
DaM, or any other regulation, provided it meets constitutional
requirements.

j)

The parties agree that the revisions to Articles 41, Sections 51010.8 and
54010.20.2 (attached hereto as Appendices B and C) are approved. The
final wording of these sections may vary based upon input from the Office
of Administrative Law and the Regulation Policy Management Branch.
PLN expressly reserves its right to challenge and oppose the final wording
of these sections if the changes materially affect the terms of this
Settlement Agreement.

2.

The CDCR agrees to pay $65,100 to PLN for alleged violations of constitutional
and statutory rights under federal and state law. The $65,100 payment will be
divided between damages and the purchase of a five-year subscription to Prison

Legal News for each CDCR law library and satellite law library that presently
exists at every CDCR adult institution. The amount designated by PLN towards
the purchase of a five-year subscription to Prison Legal News will be paid by the
CDCR within 90 days of full execution of this Agreement. At that time, the
CDCR will provide PLN's counsel with the names and addresses of the existing
5

libraries to receive subscriptions. PLN will begin distributing newsletters to those
libraries within 60 days after receiving the list and the five year period for such
subscriptions will begin at that time. The CDCR agrees to pay for additional
subscriptions to additional libraries, at the then-current subscription price, but only
for the years remaining in the five year period. If the CDCR closes libraries
within the five year period, PLN will credit the CDCR for such subscriptions only
for the years remaining in the five year period.
3.

The Parties agree that this Settlement is the compromise of disputed claims and
that the payment of settlement funds and subscription to Prison Legal News is not
to be construed as an admission of liability on the part of the CDCR, or any of its
employees, which liability is expressly denied. Nor is this Settlement to be
construed as a concession or admission by PLN as to the appropriateness or
legality of the CDCR's conduct.

4.

Pursuant to Cal. Govt. Code §§ 948 and 965.6, this Settlement is contingent upon
certification of availability of funds and the approval of the Director of the
Department of Finance and, if necessary, the Legislature. If funding does not
occur, PLN may declare this Agreement void in part or in whole. IfPLN declares
this Agreement void in whole or in part pursuant to this Paragraph, all statutes of
limitation will be extended 90 days following such declaration.

5.

Except as provided in Paragraph 10 and as to the CDCR adult institutions only,
PLN fully and forever releases and discharges the CDCR, its secretary, his
6

predecessors and successors, and all others who could have been named as
defendants in this action, in both their individual and official capacities, from all
claims, demands, actions, and causes of actions, including court costs and costs of
suit, arising out of any alleged injury or claims incurred by PLN for violations of
constitutional and statutory rights under federal and state law up until the date this
Agreement is fully executed. PLN specifically, but without limitation, releases the
CDCR and its employees for all claims that were brought or that could have been
brought up to the execution of this Agreement. PLN however, does not release
future claims and does not release any claim for attorneys' fees that will be sought
pursuant to paragraph 8 of the Agreement to Negotiate and pursuant to Paragraph
7 of this Settlement Agreement.
6.

Except as provided in Paragraphs 5 and 7 and as to the CDCR adult institutions
only, PLN acknowledges and agrees that this release and discharge is a general
release. PLN expressly waives and assumes the risk of any and all claims which
exist as of this date, but which it does not know or suspect to exist, whether
through ignorance, oversight, error, negligence, or otherwise, and which, if
known, would materially affect its decision to enter into this Settlement
Agreement. The parties have read the contents of Section 1542 of the Civil Code
of the State of California, and expressly waive the benefits of this section. Section
1542 states as follows:

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Section 1542. A general release does not extend to claims
which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known
by him must have materially affected his settlement with
the debtor.
7.

The CDCR agrees to pay to PLN's counsel reasonable attorneys' fees, costs and
expenses until the time that this Settlement Agreement is signed by the parties,
separately and apart from the $65,100 in damages and subscription fees. Pursuant
to the Agreement to Negotiate, the Parties agree that PLN is the prevailing party
for purposes of reasonable attorneys' fees, costs and expenses pursuant to 42
u.S.C. § 1988 and other relevant fee-shifting statutes to the extent the CDCR,
from September 19,2005 until the date this Settlement Agreement is fully
executed. The Parties agree to the following processes for fees, costs and
expenses:
(a)

PLN's counsel will submit a request for reasonable attorneys' fees,

costs and expenses within 60 days of the date this Agreement is fully
executed. The CDCR will have 45 days to contest or pay the requested
amount of attorneys' fees, costs and expenses. The CDCR may contest the
reasonable amount of attorneys' fees, costs and expenses, but shall and may
not contest PLN's and its attorneys' entitlement to attorneys' fees, costs and
expenses. If the CDCR contests the amount of attorneys' fees, costs or
expenses, the parties have 60 days to negotiate those amounts. If fees
disagreements cannot be informally resolved, they will be submitted to the
8

appropriate court by appropriate motion or by an action to enforce this
Settlement Agreement within 60 days of the expiration of the negotiation
period.
(b)

PLN and its attorneys expressly reserve their rights to pursue

claims for attorneys' fees, costs and expenses for work performed after the
time the Settlement Agreement is signed by all parties, including for work
spent on substantive issues related to this Agreement and/or work spent
securing their fees for fees and collecting any and all fees, costs and
expenses that are due to them. The CDCR expressly reserves its right to
oppose any such claim. The Parties agree that all issues pertaining to any
such attorneys' fees, costs and expenses are unresolved and therefore are
subject to Paragraphs 9-10 of this Agreement and that the United States
District Court for the Northern District of California or the California
Superior Court for the City and County of San Francisco will retain
jurisdiction over this issue in the event that PLN and its attorneys seek
attorneys' fees, costs and expenses for work performed after the time the
Settlement Agreement is signed by all parties and/or work performed to
secure payment of fees, costs and expenses.
8.

The CDCR agrees that PLN will, within 150 days after full execution of this
Agreement, file a complaint or complaints in the United States District Court for
the Northern District of California alleging the claims resolved by this Settlement
9

Agreement. The parties stipulate that this Settlement Agreement and an
immediate dismissal of PLN' s claims that are resolved by this Agreement shall
accompany the complaint or complaints, except that the Court will retain
jurisdiction to enforce the Settlement Agreement pursuant to Paragraph 9 and to
determine, if necessary, reasonable attorneys' fees, costs and expenses pursuant to
Paragraph 7.
9.

The Parties agree that the request for dismissal submitted to the Court after the
complaint has been filed will include the following language: "The parties, having
negotiated resolution of claims asserted in the complaint, a copy of which has been
submitted to the Court with this request for dismissal, agree that settlement has
altered the legal and juridical relationship of the parties. The Parties request that
this Court dismiss the complaint, but retain jurisdiction to enforce the Settlement
Agreement, including without limitation, disputes over Defendant's compliance
with the terms of this Agreement and the amounts of attorneys' fees, costs and
expenses to be paid to Plaintiffs attorneys."

10.

The Parties also agree that this Settlement Agreement may be enforced by a
lawsuit filed in the United States District Court for the Northern District of
California. Any such lawsuit may include any unresolved or remaining issues
between the Parties. If that court lacks or declines jurisdiction over any or all of
the Settlement Agreement or agreements or parts thereof, or any other unresolved
issues, jurisdiction over such matters will be in the California Superior Court in
10

the City and County of San Francisco to the extent that jurisdiction does not lie in
the United States District Court for the Northern District of California.
11.

The Parties agree that the terms of this Settlement Agreement may provide more
than constitutionally required, but that the terms of Paragraph 1 of this Settlement
Agreement are enforceable only if a constitutional violation or violation of some
other law is proved, and that in order to prevail in any lawsuit to enforce this
Settlement Agreement, both a material violation of the Settlement Agreement
must be proved in addition to a constitutional or other violation oflaw.

12.

The Parties agree that if there are significant changes oflaw that affect the issues
set forth in this Agreement, either Party may seek to modify the Agreement
pursuant to Paragraph 18 or by noticed motion filed in the United States District
Court for the Northern District of California.

13.

PLN and the CDCR acknowledge and agree that they have been represented by
legal counsel with respect to the matters that are the subject of this Settlement
Agreement and that they have entered into this Settlement Agreement freely and
voluntarily.

14.

California contract law shall apply if there are any disputes about the enforcement
of the terms of this Settlement Agreement. Federal law shall apply to the extent
any dispute involves interpreting or applying federal constitutional or other rights.
California law shall apply to the extent any dispute involves interpreting or
applying California constitutional or other rights.
11

15.

The parties agree that facsimile or PDP signatures are deemed to be originals and
that this Settlement Agreement may be executed in counterparts.

16.

This Settlement Agreement sets forth the entire understanding between the Parties
with respect to the subject matter contained herein and supersedes all prior
negotiations, representations, statements or alleged promises between them,
whether written or oral, as to these claims. Upon signature ofthe Parties, this
Settlement Agreement shall be deemed executed, final and binding.

17.

The obligations imposed by this Settlement Agreement are severable. If for any
reason a part is this Settlement Agreement is invalid or unenforceable, that
determination shall not affect the remainder of this Settlement Agreement.

18.

This Settlement Agreement and any of its provisions may be amended, modified
or terminated only by written agreement by PLN and the CDCR.

AGREED TO AND ACCEPTED BY:
Dated: November "7.. f, 2006

By:

Dated: November _ , 2006

By;
James ~~~ilton,
Secretary, CDCR
On behalf of the CDCR, him or herself in
his or her official and individual capacity,
and his or her successors, and on behalf
of his or her subordinates, and their
successors, in their official capacities
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12/08/2005

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PAC3E

The parties agree that facsimile or PDF signatures are deemed to be originals and

that this Settlement Agreement may be executed in counterparts,
16.

This Settlement Agreement sets forth the entire understanding between the Parties
with respect to the subject matter contained herein and supersedes all prior
negotiations, representations. statements or alleged promises between them,
whether written or oral, as to these claims. Upon signature of the Parties, this

Settlement Agreement shall be deemed executed, final and binding.
17.

The obligations imposed by this Settlement Agreement are severable, If for any
reason a part is this Settlement Agreement is invalid or unenforceable, that

determination shall. not affectthe remainder of this Settlement Agreement.
18.

This Settlement Agreement and any of its provisions may be amended,modified
or terminated only by written agreement by PLN and the CnCR.

AGREED TO AND ACCEPTED BY:

Dated: December --' 2006

By:
Paul Wright, Editor
Prison Legal News

Dated: December

Y. 2006

By:

a es E. Tilton,
ecretary, CDCR
On behalf of the CDCR, him or herself in
his or her official and individual capacity,
and his or her successors, and on behalf

of his or her subordinates, and their
successors, in their official capacities
12

13/24

APPROVED AS TO FORM
Dated: December~, 2006

By:

~t/~

Michael W. Jorgenson,
Deputy Attorney General
Attorney for James E. Tilton and the
CDCR

Dated: December

If, 2006
By:
S
R en, Bien & Galvan, LLP
Attorneys for PLN

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APPENDIXA·

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AGREEMENT

This Agreement is entered into by and among Prison Legal News ("PLN") and the
CaliforniaDepartmentof Corrections and Rehabilitation ("CDCR") by and through
Roderick A. Hickman,Secretary of the CDCR,on behalf of the CDCR, himself in his
official and individual capacities, and all his successors and subordinates, and their

successors, all in theirofficial capacities. PLN and the CDCRcollectively are "The
Parties."
Whereas The Parties wish to avoid the expense and burden of litigation,The
Parties hereby agree as follows:

1.

The Parties will engage in prompt. good faith settlementnegotiations

regardingthe following alleged continuing violations of the federal and state
constitutions and law:
(8)

The policy and practice by CDCRinstitutions ofrequiringpublishers
such as PLNto use special,approvedvendor labels when
distributing publications to CDCRinmates.

(b)

The policy and practice by CDCR institutions of requiring publishers

such as PLN to obtain approvedvendorstatus.
(c)

The policy and practiceby. CDCRinstitutions ofbanning
publications in Reception Center units. The parties may defer a fmal

decision on item l(c), regarding restriction on publications in
Administrative Segregation until Banks v. Beard, 399 F.3d 134 (3d

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Cir. 2005), cart.granted,74 U.S.L.W. 3014(U.S. Nov. 14,2005)
(No. 04-1739) is decided.
(d)

The failure of the COeR to providenotice and an adequate appeal
process to publishers such as PLN when CDeR institutions refuse to

deliverpublishers' materials to inmates.

(e)

The policy and practice byCDCR institutions ofbanning hardcover
publications.

(f)

The policy and practice by COCRinstitutions of failing to return
standard rate mail to the UnitedStatesPost Officewhenthat mailis
deemed undeliverable.

(g)

The policyand practiceby CDCRinstitutions ofbanningdonated or
gift subscriptions for inmates.

(h)

The policy and practice of CDCRinstitutions to impose a two-pound
restriction on booksmailed to inmates.

(i)

The failure of CDCR institutions to process andpermit incoming
non-subscription bulk mail and catalogs addressed to individual

inmates.

(j)

Appropriate damages, if any. for PLN for violations of its
constitutional rights.

(k)

Reasonable attorneys' fees, costs and expenses..

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PAGE

The CDCR does not admit by this agreement that any allegationsof the

matters set forth in issues "a" through uj" state a cognizable claim or a violation of law,

or, to the extent that they state a cognizable claim, that the CDCR has in fact violated the
law. This paragraph does not preclude the CDCR from making any admissions in
subsequent M~oranda of Understanding or Agreements that would be necessary to
assure full implementation of such MOU's or Agreements and full implementation of

Paragraphs 6, 7. 8, 9 and 11 of this Agreement.
3.

The Parties recognize and agree that other relevant and related subjects may

arise during negotiations that were not anticipated when this agreementwas executed.

The Partiesagreethat other relevant and relatedsubjects, aside from those listed in
paragraphs I (a) through (k), maybe discussed and resolved inaccordance with this
Agreement.
4.

The Parties agree that all good faith negotiationsregarding issues "a"

through "k" and documentation of agreements, will be completed on or before March 31,
2006.
5.

During The Parties' negotiations regarding issues "a" through "k," The

Parties will exchange appropriate documents and information, subject to any appropriate
protective order to be fashioned by The Parties.
6.

To the extent that The Parties teach agreement to resolve any issue listed in

"8" through "k." The Parties agree that each such agreement will be reduced to writing as

a binding Memorandum of Understanding (MOU) betweenThe Parties. If The Parties
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PAGE

cannotagree to an integratedMOD or Agreement at the end ofthis process,each
individual MOU wilI be legallybindingand enforceable on The Parties.
7.

The Parties agree that the resultingwritten agreementor agreements

described in Paragraph 4 may be enforced by a lawsuit filed in the: United States District
Court for the Northern District of California. Any such lawsuit may include any
unresolved or remainingissues between the parties. If that Court lacks or declines
jurisdictionover anyor all of the agreement or agreements or parts thereof, or any other
or unresolvedissues,jurisdiction over such matters will be in the California Superior
Court in the City and Countyof San Francisco to the extentthat jurisdictiondoes not lie
in the United States District Court for theNorthern District of California.
8.

The Partiesagree thatPLN is and shall be the prevailingparty for purposes

of reasonable attorneys' fees, costs and expenses pursuantto 42 U.S.C. §1988 and other
relevantfee shifting statutesto the extentthe CDCR, since September 19, 2005: (1) made
or will make changesin policies,procedures or practices that are the subjectofthis
Agreement; (2) makes changes in policies,procedures or practices as a result of an MOV
pursuant to Paragraph 5, and; (3) makeschangesin policies,proceduresor practices that
are mandated by a contestedjudgmententered by an appropriate Court or Courts. PLN
shall be the prevailingparty for purposes of CaliforniaCode of Civil Procedure § 1021.5
only if, and to the extent that, a federal court declines jurisdiction over PLN's state law
claims and proceedings occur in state court. The COeR may contest the reasonable
amount of attorneys' fees, costs and expenses, but shalland may not contestPLN and its
4

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PAGE

attorneys' entitlement to attorneys' fees, costs and expenses. As to each MODor written

agreement reached by the Parties, the CDCR agrees that PLN may, at the conclusion of
the negotiations, file a complaint or complaints in the appropriate Court(s} alleging the
claims resolved by the MOD's and Written agreements. COeR also agrees that such
complaint or complaints shall be accompanied by the Parties' stipulatedjudgrnent or

judgments, if any, thatjudicially alter the legal relationship of theParties andadopt and
incorporate suchMOU's or written agreements.
9.

Theparties recognize: and agree that as used in this Agreement, the term

"claims" includes any and all claims that couldbe broughtby PLN either before an
administrative agencyor in a civil lawsuitalleging that CDeR, or CDCR employees.

have illegally censored its publications in any way. Any andall statutes oflimitation and
or filing deadlines pertaining to PLN's claimsare tolledas of September 19,2005. The
tolling agreement will be in effect until sixty (60) daysafter any party gives written

notice by Certified Mail to all otherparties that thetoIling agreement is no longer
effective. Any writtennotice to PLN shallbe addressed to SanfordJay Rosen, Rosen,
Bien & Asaro LLP, 1SS Montgomery St., 8th Floor, San Francisco. CA 94104. Any
written notice to COCRshall be addressed to Michael W. Jorgenson, California Office of

the Attorney General, Correctional Law Section, 455 GoldenGate Ave., Suite 11000,
San Francisco. CA 94102.

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10.

PLN and the COeR each acknowledges and agrees that they have been

represented by legal counsel with respectto the matters that are the subjectof this
Agreement and that they have enteredinto this Agreement freelyand voluntarily.
11.

California contract law shall apply if there are any disputes about the

enforcement of the terms of the Agreement. Federallaw shall applyto the extent any
dispute involves interpreting or applyingfederal constitutional or other rights. California
law shallapplyto the extent any dispute involves interpreting or applying California
constitutional or otherrights.
12.

This Agreement sets forth the entireunderstanding between The Parties

with respectto the subjectmattercontained herein and supersedes all prior negotiations,
representations, statements or allegedpromises between them,whetherwritten or oral.
Upon signature of The Parties,this Agreement shall be deemed executed, tinal and
binding.

13.

This Agreement and any of its provisions may be amended, modifiedor

terminated only by written agreement by PLN and the CDCR.
/11
1/1
III
III

//1
III

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916327~.. ~

9022571:]42

Paul ~ri~ht

The parties agree tbat facsimile signatures are deemed to be originals and

that this Agremtel1t may be executed ht COUIltetpaIt8.
AGREED TO ANDACCEPTED BY:
Dated: December 22, 2005

By:

Dated: December _ , 2005

O<kdck A. i
Secretary
. i1bmiaDepm1ment of Corrections
8Dd RehabilitatiOD.. onbehalf of the
COeR, himse1fiuhis officialand

individual capacities, and em behalf' of
his BDOCessots and subordinates, aDd
their successors, aU intbeir official
capacities

n:LL9r---

:::J4~ -L
II
Dated: B'ee~
2001"

Michael W.lorgens<m, .
Deputy Attorney General
Attorney for Rodericlc A Hickman
and the

Dated: December 22, 2005

By:

7

p.2

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APPENDIXB

54010.8

Inspection and Reading of Incoming and Outgoing Mail

All non-confidential inmate mail, incoming or outgoing, is subject to being read in its
entirety by designated staff.
All non-confidential inmate mail that is "returned to sender" shall be opened and
inspected before being returned to the inmate.
The only weight limits that can be imposed for incoming mail are outlined in Dom
Section 54010.4.
All incoming mail shall be inspected for contraband prior to issuance. Mail shall only be
disallowed if it violates CCR Sections 3006, 3135, any other applicable regulations, or
DOMSections 54010.13 and 54010.14..
Institutions shall not require incoming books, magazines, or newspapers to have an
institution pre-approved "vendor approved" label affixed to the packaging. Per CCR
Subsection 3138(£)(1), a departmentally approved vendor is any publisher or book store
that does mail order business.
Books, periodicals, or publications that are mailed from a religious organization
bookstore shall be considered as corning from an authorized vendor.

APPENDIXC

54010.20.2

Inspection of Incoming Books

All incoming paperback and hardcover books must be inspected, pursuant to CCR
Section 3138, prior to being altered and/or issued to ensure that they comply with CCR
Sections 3006 and 3135, and DOM Sections 54010.13 and 54010.14.
For hardcover books staff shall allow the inmate to determine whether he/she will accept
the book with the cover removed or, ifhe/she declines that option, decide how the book is
to be handled per CCR Section 3191(c). If the inmate chooses to have the hardcover
book issued to him/her, staff shall, in front of the inmate, remove the entire cover from
the book. Before removing the cover, staff shall insure that it does not violate any other
departmental policy. If upon removal of the cover the book becomes unstable (the pages
are no longer bound together), staff shall take measures to ensure that the pages are kept
intact, such as with a rubber band or a clip.
Delivery by staff shall be completed as soon as possible but not later than 14 business
days after the institution receives the book, except during the holiday season and during
modified programs of affected inmates.
Hardcover books shall be processed and issued from a designated distribution area.

APPENDIXD

STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS AND REHABILITATION

ARNOLD SCHWARZENEGGER, GOVERNOR

NAME OF INSTITUTION
Institution Address
Name of City, CA Zip Code

Date

Recipient Name
Organization or Company
Address
City, State Zip Code
Dear (Name):
This letter is to advise you that your publication entitled (Title of Publication), for the
& Year), will not be delivered to inmate(s)
month
of
(Month
(Enter last names and CDCR numbers of all intended inmate recipients of the
publication) housed at (Name of Institution). This is based on a violation of the
California Code of Regulations, Section (List CCR Section), which states in part,
"(Enter applicable CCR langauge)." Your publication contained material on page(s)
_that was (be specific as to how it violated CCR; Le., nude photos, article about
making bombs, etc.)

Please be advised that you have the right per CCR Section 3137(c) to appeal this
issue. CCR 3137(c) states in part, "Appeals relating to facility procedures and
practices should be addressed in writing to the warden, superintendent or regional
administrator of the facility where the appeal arises. The warden, superintendent or
regional parole administrator shall provide a written response within 15 working days.
Appeals that are not satisfactorily resolved at this level may be forwarded in writing to
the Secretary, who shall provide a written response within 20 working days."
Should you have any questions or concerns, please contact (Enter Contact
information).
Sincerely,

AUTHOR NAME IN CAPS
Title
Unit/Division/Department



 

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Prisoner Education Guide