1. (a) Incarcerated persons shall not engage actively in a business or profession except as authorized by the institution head or as provided in Section 3104. For the purpose of this section, a business is defined as any revenue generating or profit-making activity. An incarcerated person who is engaged in a business or profession prior to commitment to the department shall assign authority for the operation of such business or profession to a person in the community.
2. (b) Incarcerated person mail may be rejected by an institution head or designee for reasons which include, but are not limited to, the mail relates to the direction of an incarcerated person's business or profession. This does not, however, prohibit mail necessary to enable an incarcerated person to protect property and funds that were legitimately the incarcerated person's at the time of commitment.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; and Turner v. Safley 482 US 78 (1987).

History

1. New section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 30).

3. New section filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 7-25-95 order including amendment of section transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).

5. 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).