- (a) An incarcerated person's right to inherit, own, sell or convey real and/or personal property does not include the right to possess such property within the institutions/facilities of the department. An incarcerated person may not exchange, borrow, loan, give away or convey personal property to or from other incarcerated persons. Violation(s) of this rule may result in disciplinary action, and confiscation and/or disposal of the personal property.
- (b) For incarcerated persons who are participants in the Developmental Disability Program (DDP) and identified with potential victimization concerns, staff are required to meet privately with the incarcerated person and query for possible victimization concerns, including but not limited to theft or destruction of property, manipulation, pressuring, and undue influence regarding their property.
- (c) Staff shall meet with the incarcerated person privately, and as frequently as listed on their automated CDCR Form 200-A (09/24), Developmental Disability Program Adaptive Support Log -- Housing Unit, which is incorporated by reference and is located within SOMS.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).
History
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment of section and new Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Redesignation of first paragraph as subsection (a), new subsections (b)-(c) and amendment of Note filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).