§ 1066. Books, Newspapers, Periodicals, and Writings.

(a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit inmates to purchase, receive and read any book, newspaper, periodical, or writing accepted for distribution by the United States Postal Service. Nothing herein shall be construed as limiting the right of a facility administrator to:

(1) exclude any publications or writings based on any legitimate penological interest;

(2) exclude obscene publications or writings, and mail containing information concerning where, how, or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any matter of a character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity;

(3) open and inspect any publications or packages received by an inmate; and

(4) restrict the number of books, newspapers, periodicals, or writings the inmate may have in his/her cell or elsewhere in the facility at one time.

(b) The facility administrator of a Type I facility shall develop and implement a written plan to make available a daily newspaper in general circulation, including a non-English language publication, to assure reasonable access to interested inmates.

HISTORY

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).

2. Change without regulatory effect of subsection (a) (Register 86, No. 32).

3. Amendment relettering existing provisions as subsections (a)(1), (a)(2), and (a)(3) and new subsection (b) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).

4. Amendment of subsection (a), new subsection (a)(2), subsection redesignation and amendment of subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).

5. Amendment of subsections (a)-(a)(2) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).

6. Amendment of section heading and section filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).

Note

Note: Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Penal Code.