The California Department of Corrections and Rehabilitation (CDCR) has adopted new regulations governing confidential inmate calls. Attorneys requesting a confidential call must complete a CDCR 106-A form and submit it, along with a cover letter explaining the need for the call, to the litigation coordinator at the facility housing the inmate. In the past few weeks, several state facilities have required the form for attorneys arranging confidential calls.

The litigation coordinator uses the form to conduct a CLETs background check on the attorney. Because the facilities are not sharing information, the attorney must complete the form for each separate facility. According to Title 15, section, 3282(g)(4), the CLETs check must be conducted "at least annually and as needed based on changes provided to the listed information." If a year has passed since the last call at a facility (or sooner, if requested by the litigation coordinator because of changes to the attorney's information), the attorney will have to complete a new 106-A before the next confidential call at the same facility.

The CLETs check takes 24-48 hours, so attorney should build in extra time for their requests. The attorney can fax the cover letter (still required) and the 106-A form to the litigation coordinator. CCAP's print and online (free registration required) Appellate Lawyer Directory has fax numbers for each litigation coordinator. The 106-A form is now on FDAP's Forms page here.

Background on the rule change is provided on the CDCR new rule page.

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