California Department ofCorrections and Rehabilitation

DEPARTMENT OPERATIONSMANUAL SUPPLEMENT

Chapter: 10Adult Programs

01070.1 Policy

01070.2 Purpose

01070.3 Definition of Marriage

01070.4 Roles and Responsibilities

01070.5 Legal Requirements for the Issuance of a Marriage License

01070.6 Solemnization of Marriages

01070.7 Authentication of Marriages

01070.8 Processing the Marriage Request

01070.9 Pastoral Duties/Officiating at Marriages

01070.10 Revisions

01070.11 References

Subchapter 100000

Section:Marriages

101070

MarriagesRevised May, 2011

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Chapter: 10Adult ProgramsCalifornia Department of

Corrections and RehabilitationSubchapter 100000

DEPARTMENT OPERATIONSMANUAL SUPPLEMENT

RTICLE 7 - MARRIAGES

01070.1 Policy,evised September 25, 2007C 2601 provides that all persons sentenced to theepartment have the right to marry.

nless legitimate penological interest would dictatetherwise, inmates shall be permitted to marry wheney meet all legal and departmental requirements.his Article does not apply to registered domesticartnerships, which are legally distinct from marriages.he CDCR does not assist inmates to establishgistered domestic partnerships because inmates,hile they are incarcerated, cannot meet the commonsidency requirement of the California Domesticartners Rights and Responsibilities Act.

1070.2 Purposee purpose of this procedure is to provide guidelines

f r the processing of inmate marriage requests and thelemnization of marriages.

1070.3 Definition of Marriage" arriage" is defined in California Family Code (FC)

0, as follows:" arriage is a personal relation arising out of a civilc ntract between a man and a woman, to which thec nsent of the parties capable of making that contracti necessary. Consent alone does not constitute

arriage. Consent must be followed by the issuance ofa license and solemnization as authorized by (otherp ovisions of this code)."

1 1070.4 Roles and ResponsibilitiesT e Warden delegates overall responsibility to theA sociate Warden, Level 11/111 Operations, with thea ected Facility Captain having daily supervisoryr ponsibility for the approval of marriage requests.T e Facility Correctional Counselor II (CC-II)S pervisors shall ensure that the assignedC rrectional Counselor I (CC-I) initiates a MarriageT cking Form (Attachment A) and collected andr iewed all appropriate documentation for thep cessing of the Marriage Plan (see MARRIAGE

Section:Marriages

101070

PLAN attachments).

Locate DOM Supplement/Marriage Plan at\\soloffice2\Data\Public\SOL-Staff\CounselorResources\Marriage Folder.

101070.5 Legal Requirements for the Issuance of aMarriage LicenseBoth parties applying for a Marriage License mustprovide verification they are legally free to marry. Ifpreviously married a certified copy of the Divorcedecree or death certificate must be provided to CC-I forverification. Once verified, the inmate may completemarriage license application and Affidavit of Inability toAppear, Pursuant to Family Code Section 426.

The Fiancee is also required to handwrite onAttachment B clearly stating the following:

• Inmates full name• CDC#• Committing Offense of proposed Groom

Note: Marriage License's expire 90 days afterissuance, it is inmate's responsibility to make to makesure all appropriate documentation Has been providedand approved by CC-I.

Note: The PC sets forth criminal penalties for personswho solemnize incestuous or other marriagesforbidden by law.

101070.6 Solemnization of MarriagesSee DOM 101070

101070.7 Authentication of MarriagesThe person who solemnized the marriage is requiredby statute to return the marriage license and thecompleted certificate of registry to the county recorderin the county in which the license was issued within 30days after the ceremony. Failure to file the license andcertificate within this time frame may subject thatperson to criminal penalties. The original certificate isforwarded to the State Registrar of Vital Statistics.

Page -2arriagesvised May, 2011

Chapter: 10Adult ProgramsCalifornia Department of

Corrections and Rehabilitation

DEPARTMENT OPERATIONSMANUAL SUPPLEMENT

01070.8 Processing the Marriage Requesthe inmate's caseworker shall process the marriagequest. Inmates who apply to be married must

ontact their assigned CC-I. CC-I will review central fileverify inmate's current/previous marital status and

ther social factors. The request must be submitted atI ast three months prior to tentative ceremony date to

lIow months prior to tentative ceremony date to allow, r sufficient processing time. Marriages by proxy willat be allowed. Inmates who have less than sixonths to serve are not eligible to apply for a marriage.

ARRIAGE PLAN (Attachments):pon request inmate will be provided the following:

I mate Marriage Application Form (Attachments B).ance Marriage Application Form, (Attachment C)idavit of Inability to Appear as described below; both

f ncee and inmate must complete (Attachment E).e Affidavit of Inability to Appear must be signed in

t e presence of the Notary Public. Once the form hasb en notarized the bride-to be will take the form andt e Application for Marriage License. (Attachment 0),

gned by CC-I)• If he is a Lifer state that she understands that

minimum eligible for parole date (MEPD) is not arelease date.

• Life term inmates are not authorized to haveFamily Visits (overnight visiting).

• Must be of the opposite sex. Legally free to marry.• All documents including Certified copies of Divorce

Decree/ Death certificates must be mailed directlyto inmate's assigned CC-I for verification and sentto:

California State Prison-SolanoP.O. Box 4000Vacaville, CA 95696-4000Attn: CC-I (inmate's CC-I)

idavit of Inability to Appear (Attachment E)ce the items above have been received and verifiedCC-I, inmate will complete a Request for Interview

addressed to the Litigation Coordinator requestingotary Public for the Affidavit of Inability to Appear.

Subchapter 100000

Section:Marriages

101070

once notary fee's are available on inmate's trustaccount.

Note: Notarized documents are $10 each. Deposits into an inmate's trust account are subject to collection ofrestitution, direct fines, and/or obligations. Oncelicense number is received and a ceremony date beenscheduled, it is inmate's responsibility to immediatelyinform CC-I of the license number and coordinate thedate of ceremony. (Minimum of 14 days notice) CC-Iwill submit Final Approval (Attachment F) and forwarda hard copy to Visiting Lieutenant. (Electronic mailreminder is recommended as well)

Note: (CC-I has 90 days to complete, not includingmanagerial approval)

101070.10 RevisionsThe Director, Division of Adult Institutions, shall ensurethat the content of this Section is accurate and current.See DOM 101070

101070.9 Pastoral Duties/Officiating at MarriagesSee DOM 101070

101070.11 ReferencesPC §§ 359, 360, and 2601. CCR (15) § 3216.EC § 663. FC §§ 301 et seq, 400, 402, and 500.H&SC §§ 102100 et seq., 102285, and 103125 et. seq.GC § 26840 et seq.

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Attachment ARevised May, 2011

MARRIAGE REQUEST TRACKING FORMTo be maintained by eel throughout the approval process

Inmate's Name: Housing: _

CDC Number: Counselor: _

Prospective Spouse: Telephone: _

Dates:

Fiancee and Inmate application for marriage provided to inmate:

Attachment B (Handwritten) & Divorce Decree/Death Certificate:

(Certified Copies)

CC-1 received completed package verified both parties are legally free

to marry:

Trust Withdrawal and request for interview completed to litigation:

(for Affidavit of Inability to Appear)

CC-1 distributed copy of approval to Visiting Lieutenant:

(Recommend to send visiting Lieutenant an email confirmation of delivery of marriage packet

to include name number and date of marriage.

Note: The purpose of this tracking sheet is to assist the cel to track the status to requests throughout the process until the marriage ceremonyhas occurred. Retention is mandatory through the approval process only.

Attachment BRevised May, 2011

INMATE MARRIAGE APPLICATION FORMDate: _

Inmate's Name: CDC#: AGE: _

Number of Marriages: N.ame(s): _

Date of Divorce(s)/Death of Spouse(s) Verified: _(Certified Copy of Divorce Decree/Death Certificate Mailed directly CCl)

Name(s)Inmate's Children

Name(s) Age(s)Age(s)

Name of Bride-To-Be: Age: _

Address: Telephone#: _

Inmate's Request to Marry

I, Inmate .,CDC# wish to marry

Ms. . I am legally free to marry. I have known

Ms. for years/months.

We have ( ) have not ( ) lived together. There are ( ) are not ( ) children involved.

Inmate's Declaration

I have informed my Fiancee that I am incarcerated for the crime of (State Clearly the

Commitment Offense) _

My release date from prison is (If serving a life term indicate Life) _

Inmate Guest (limit two)Note: Inmate guests may attend ONLY if their Work Incentive Program Schedules are not interrupted

Name: CDC# Housing: _

Name: CDC# Housing: _

Inmate Name (print): CDC#: _

Inmate Signature: Date: _

Attachment CRevised May, 2011

FIANCEE MARRIAGE APPLICATION FORM

Date: _Bride-To-Be Name: AGE:----------------------------------------- -------------Number of Marriages: __ Name(s): _

Date of Divorce(s)/Death of Spouse(s) _,(1have requested Certified Copy of my/his Divorce Decree/Deatlt Certificate to be sent directly to CClfor verification)

Fiancees ChildrenAge(s) Name(s)Name(s) Age(s)

Inmate Name/CDC#: Age: _

Fiancees DeclarationI, (Name) , am aware that my husband to-be,Inmate CDC# _is incarcerated for the crime(s) of:(State Clearly the Commitment Offense, Not just the PC #,- List the Title of Offense, example Burglary 1st)

I understand that his release date from prison is (If serving a life term notating "life")

(Note: Inmates with a Life Term (Minimum Eligible Parole Date (MEPD) will NOT be eligible (or Family Visits)

Bride to-be Guest (limit ten)

(Note: Visitors must be approved prior to day of ceremony. contact CSP-Solano Visiting Department)

Name: DL#~ Name:---------------DL# ----_Name: DL# Name: DL#---------Name: DL# Name: DL# -----_Name: DL# Name: DL# _

Name: DL# Name: DL# ----_

Fiancee's Name (print): Date: _

Fiancee's Signature: _

Attachment DRevised May, 2011

APPLICATION FOR MARRIAGE LICENSESOLANO COUNTY JAIL AND CALIFORNIA STATE PRISON

lA. FIRST NAME .ra MIDDLE,,rc. CURRENT LAST 1D. LAST NAME AT BIRTH (IF DIFFERENT THAN 1C)

-cCD fo-U «

2. DATE OF BIRTH (MM/DD/CCYY) \3. STATE/COUNTRY OF BIRTHI4. #PREV. MARRIAGES/SRDP SA. LAST MARRIAGElSRDP ENDED BY:-c 0 ,5B. DATE ENDED(M~D~ CYY)

,,(/) ,

E a: o DEATH0 DISSO0 ANNULMENT0 TERMSRDP0 N/AoWe a.6. ADDRESS 17.CITY la. STATE/COUNTRY 19. ZIP CODE(!)ti;

o a:u:lOA. FULL BIRTH NAME OF FATHER/PARENT ,lOB. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY),,,llA. FULL BIRTH NAME OF MOTHER/PARENT : 118. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY),,12A. FIRST NAME : 12B. MIDDLE,,

r2C. CURRENT LAST 12D. LAST NAME AT BIRTH (IF DIFFERENT THAN 12C)-cf0-

CI) «-o 0

13. DATE OF BIRTH (MM/DD/CCYY)114.STATEICOUNTRYOFBIRTH 115.# PREVoMARRIAGES/SRDP 16A. LAST MARRIAGE/SRDP ENDED BY: ,16B. DATE ENDED-c; z(Mr@~ CYY) ,,

a: ,E W o DEATH0DISSO0 ANNULMENT0 TERMSRDP0 N/Ao a.eo 17. ADDRESS ra. CITY 119.STATEICOUNTRY 120.ZIP CODEo Z

08W(/)

21A. FULL BIRTH NAME OF FATHER/PARENT ,21B. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY),,22A. FULL BIRTH NAME OF MOTHER/PARENT : 228. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY),,NEW MIDDLE AND LAST NAME OF PERSON LISTED IN lA·1D (IF ANY) FOR USE UPON SOLEMNIZATION OF THE MARRIAGE (SEE BELOW FOR INFORMATION)

'" 30A. FIRST - MUST BE SAME AS lA : 30B. MIDDLE : 30C. LASTW:os:- , ,«Z , ,z« , ,;:!!: NEW MIDDLE AND LAST NAME OF PERSON LISTED IN 12A·12D (!F ANY) FOR USE UPON SOLEMNIZATION OF THE MARRIAqE (SEE BELOW FOR INFORMATION)w-z 31A. FIRST - MUST BE SAME AS 12A , 31B. MIDDLE ,31C. LAST, ,, ,, ,

"NEW AME(S)"-LAW APPLYING TO MIDDLE AND LAST NAMES (ITEMS 30B, 30C, 31B, AND 31C) OPTIONAL: PURSUANT TO FAMILY CODE SECTION 306.5,PARTIE TO THE MARRIAGE MAY ADOPT ANY OF THE FOLLOWING MIDDLE OR LAST NAMES UPON SOLEMNIZATION OF THE MARRIAGE: CURRENT LAST NAMEOF TH OTHER SPOUSE; LAST NAME OF EITHER SPOUSE GIVEN AT BIRTH; NAME COMBINING INTO A SINGLE LAST NAME ALL OR A SEGMENT OF THECURRE T LAST NAME OR THE LAST NAME OF EITHER SPOUSE GIVEN AT BIRTH; A HYPHENATED COMBINATION OF LAST NAMES.

NOTE: FTER THE CEREMONY IS PERFORMED THE NAMES ENTERED IN BOXES 30A - 30C AND 31A - 31C WILL BECOME YOUR LEGAL NAME(S). IF LEFT BLANKYOUR AME(S) WILL REMAIN THE SAME. IN ADDITION, THE NEW MIDDLE ANDIOR LAST NAME MAY NOT BE CHANGED, ADDED OR AMENDED ON THEMARRI GE CERTIFICATE AT A LATER DATE. THE FIRST NAME OF THE PARTIES MAY NOT BE CHANGED ON THE MARRIAGE LICENSE.

THIS IS AN APPLICATION ONLY!!BOTH APPLICANTS MUST BE 18 YEARS OF AGE

A NC N REFUNDABLE CASH OR ATM FEE OF $75.00 DOLLARS IS REQUIRED ALONG WITH THE NOTARIZED AFFIDAVIT FOR PHYSICAL INABILTY TO APPEARFORM AT TIME OF SUBMISSION

FIRST C ~ SECOND PERSON APPEARING IN THE COUNTY CLERK'S OFFICE DRIVER'S LlCENSE/I.D. #

FIRST C ~ SECOND PERSON APPEARING IN THE COUNTY CLERK'S OFFICE PHONE #

LOCATI 'N OF INMATE AND INMATE #

CEREM NY DATE CEREMONY LOCATION

NAMEC PERSON SOLEMNIZING MARRIAGE AND PHONE #

PERSO SOLEMNIZING MARRIAGE DRIVER'S LlCENSE/I.D. #

IF EITHE OR BOTH APPLICANTS HAVE BEEN DIVORCED IN THE PAST SIX MONTHS, PLEASE PROVIDE A COPY OF YOUR FINAL DIVORCE DECREE. YOURWEDDI~ :; CEREMONY MUST TAKE PLACE WITHIN 90 DAYS OF THE ISSUE DATE OF YOUR MARRIAGE LICENSE

COUNS LOR'S NAME DATE

COUNS LOR'S SIGANTURE PHONE #

Attachment ERevised May, 2011

AFFIDAVIT OF INABILITY TO APPEAR AND REQUEST FOR ISSUANCE OF APUBLIC MARRIAGE LICENSE PURSUANT TO FAMILY CODE SECTION 426

We, the undersigned, do hereby declare:

Th~ _(Print full legal name(s) ofperson(s) unable to appear)

is/are physically unable to appear in person at the County Clerk's Office to apply for a marriagelicense due to:

[] Incarceration

and hereby request the marriage license be issued to _(Print name of person solemnizing marriage)

as the officiate who will be solemnizing the marriage.

(Print Full Legal Name of First Person) [Date of Birth (MMIDD/CCYY)]

(Print FulI Legal Name of Second Person) [Date of Birth (MMIDD/CCYY)]

We certify under penalty of perjury under the laws of the State of California that the foregoinginformation is true and correct.

Executed on: at------------- -----------------(MMIDD/CCYY) (City/State)

~-------------------------------(Signature of First Person)

Executed on: at----~--~~~-~---- -----------------(MMIDD/CCYY) (City/State)

~ ------------------(Signature of Second Person)

Executed on: at--------------- -----------------(MMIDD/CCYY) (City/State)~ ------------------(Signature of Person Solemnizing Marriage)

NOTE: The person solemnizing the marriage must physically present the completed affidavit to the County Clerk at the time the marriagelicense is issued [Family Code Sections 426(a); 502(a)]. The signature(s) of the person(s) who is/are physically unable to appear inperson at the County Clerk's Office must be authenticated by a Notary Public or a Court prior to the County Clerk issuing themarriage license [Family Code Sections 426(c); 502(c)]. NOTE: Government Code (GC) Section 8824(a) prohibits the notary publicwho has authenticated the signature(s) of the person(s) who is/are unable to physically appear in person at the County Clerk's Officefrom also being the person solemnizing the marriage.

Attachment FRevised May, 2011

INMATE MARRIAGE FINAL APPROVAL

All legal requirements have been met for Inmate _

CDC# and (Bride-to be) _

to be married.

Counselor's Notes If denied: _

Ceremony Date: _

Marriage License #: _

Bride to-be Guest (Limit Ten)

(Note: Visitors must be approved prior to day of ceremony. contact CSP-SolanoVisiting Department)

Name: DL# Name: DL#

Name: DL# Name: DL#

Name: DL# Name: DL#

Name: DL# Name: DL#

Name: DL# Name: DL#

Inmate Guest (Limit Two)

!Inmate guests may attend ONLYif their work Incentive Program Schedule are not interrupted)

Name: CDC# Housing: _

Name: CDC# Housing: _

Correctional Counselor-I: ---.:Approved ( ) Denied ( )

Correctional Counselor-II: Approved ( ) Denied ( )

Facility Captain: .Approved ( ) Denied ( )

Associate Warden: Approved ( ) Denied ( )