1. (a) Each warden shall ensure a library, law library and related services are maintained for the benefit of all incarcerated persons in their facility, including those incarcerated persons confined to segregated housing units. A library access schedule shall be approved by the warden and posted throughout the facility.
2. (b) Material that contains any of the characteristics listed in sections 3006(a) and (c) shall be prohibited from incarcerated person libraries unless specifically authorized by the institution head.

3. (c) To check out material from a library, each incarcerated person shall:

   1. (1) Present photo identification card as required.
   2. (2) Sign a trust account withdrawal order.
   3. (3) Display the materials to staff when leaving the library.
4. (d) Notwithstanding reasonable circumstances for delay, library staff shall provide orientation to incarcerated persons in the Developmental Disability Program (DDP) for Law Library and other library services within 30 calendar days of the incarcerated person's arrival at an institution. Circumstances that may warrant delay include, but are not limited to: incarcerated person refusal, modified programming at the institution, or situations that pose a threat or jeopardize the safety or security of the incarcerated person, staff, the institution, or others.
5. (e) Staff shall ensure an incarcerated person with a disability or an incarcerated person in need of assistance with communication is provided the necessary assistance to access library services, including, but not limited to: reading; writing; scribing departmental court, and Board of Parole Hearings forms or related documents; explaining departmental court, and Board of Parole Hearings processes or documents; identifying research materials; and accessing electronic readers, assistive devices, and incarcerated person assistants.
6. (f) Staff shall not provide legal advice to incarcerated persons. Staff may provide assistance to incarcerated persons to help them identify legal resources. For an incarcerated person with a disability impacting their ability to communicate, staff shall assist, when necessary, with the completion of a letter to the court requesting assistance, due to the incarcerated person's developmental disability.
7. (g) The letter to the court should include the incarcerated person's claim that they have a disability that makes it difficult to read, write, or understand the process or legal material regarding the case.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601 and 5054, Penal Code; Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); and Bounds v. Smith, 97 S.Ct. 1491 (1977), 430 U.S. 817; Clark v California (2002) USDC-ND (No. C-96-1486-CRB); and Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

History

1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).

2. Amendment filed 6-30-93; operative 7-30-93 (Register 93, No. 27).

3. Certificate of Compliance as to 12-27-95 order including amendment of subsection (b) and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).

4. Amendment of subsection (c)(1) and Note filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).

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).

6. New subsections (d)-(g) and amendment of Note filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).