In re Oliveras

BACKGROUND

Oliveras is currently serving a life sentence without the possibility of parole following his 2012 conviction for kidnapping, first degree murder,

1 All undesignated statutory references are to the Penal Code. kidnapping for ransom, conspiracy to commit a crime, and various gang and weapons enhancements. Certain prisoners, including Oliveras, are provided with electronic tablets to allow them to access certain services and communicate with family. During an inspection of a tablet assigned to Oliveras for his use, an investigative services unit officer discovered over 600 pornographic images. The images were stored on a removable SIM (Subscriber Identity Module) card. 2 In response, Oliveras was charged with a violation of California Code of Regulations (CCR), title 15, section 3006(c) for “possession of contraband,” i.e., obscene material. That section provides, “Except as authorized by the institution head, inmates shall not possess or have under their control any matter which contains or concerns any of the following . . . Obscene material . . . .” (Cal. Code Regs., tit. 15, § 3006, subd. (c) (CCR section 3006(c)).) The tablet was forwarded to the Correctional…