SECTIONS 2600-2601 - California Statutes

PENAL CODE

SECTION 2600-2601

2600. A person sentenced to imprisonment in a state prison may
during that period of confinement be deprived of such rights, and
only such rights, as is reasonably related to legitimate penological
interests.
Nothing in this section shall be construed to permit the
involuntary administration of psychotropic medication unless the
process specified in the permanent injunction, dated October 31,
1986, in the matter of Keyhea v. Rushen, 178 Cal. App. 3d 526, has
been followed. The judicial hearing for the authorization for the
involuntary administration of psychotropic medication provided for in
Part III of the injunction shall be conducted by an administrative
law judge. The hearing may, at the direction of the director, be
conducted at the facility where the inmate is located.
Nothing in this section shall be construed to overturn the
decision in Thor v. Superior Court, 5 Cal. 4th 725.

2601. Subject only to the provisions of that section, each person
described in Section 2600 shall have the following civil rights:
(a) Except as provided in Section 2225 of the Civil Code, to
inherit, own, sell, or convey real or personal property, including
all written and artistic material produced or created by the person
during the period of imprisonment. However, to the extent authorized
in Section 2600, the Department of Corrections may restrict or
prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State
Bar or holder of public office, provided that the prison authorities
may open and inspect incoming mail to search for contraband.
(c) (1) To purchase, receive, and read any and all newspapers,
periodicals, and books accepted for distribution by the United States
Post Office. Pursuant to this section, prison authorities may
exclude any of the following matter:
(A) Obscene publications or writings, and mail containing
information concerning where, how, or from whom this matter may be
obtained.
(B) Any matter of a character tending to incite murder, arson,
riot, violent racism, or any other form of violence.
(C) Any matter concerning gambling or a lottery.
(2) Nothing in this section shall be construed as limiting the
right of prison authorities to do the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions as to the number of
newspapers, magazines, and books that the inmate may have in his or
her cell or elsewhere in the prison at one time.
(d) To initiate civil actions, subject to a three dollar ($3)
filing fee to be collected by the Department of Corrections, in
addition to any other filing fee authorized by law, and subject to
Title 3a (commencing with Section 391) of the Code of Civil
Procedure.
(e) To marry.
(f) To create a power of appointment.
(g) To make a will.
(h) To receive all benefits provided for in Sections 3370 and 3371
of the Labor Code and in Section 5069.