Dated: October 11, 2002
 

A copy of your correspondence dated September 18, 2002, addressed to Ms. Silvia Garcia, Warden, Calipatria State Prison, has been received by the California Department of Corrections (CDC) headquarters, in Sacramento, California.  This copy has been forwarded to the Institution Services Unit for response.  In your letter, you cite the recent Ninth Circuit Court decision concerning Clement v. California Department of Corrections and request that our regulation, which prevents inmates from receiving Internet material, be rescinded immediately.

You are correct that the United States District Court for the Northern District of California, recently issued a ruling relative to prohibiting inmate access to Internet-generated information.  The Court found that CDC could not enforce any policy prohibiting California inmates from receiving mail because it contains Internet-generated information.

On September 20, 2002, all institutions were directed to process and permit any incoming mail that contains Internet-generated information consistent with current California Code of Regulations guidelines concerning inmate mail.

I hope this information is of assistance to you.

Sincerely,

FRANK LOPEZ
Facility Captain
Institution Services Unit

cc: Edward S. Alameida, Jr.

[Typed for original for Electronic transmission.]