In Re Parker

Reginald Pulley, warden of the prison at San Quentin and Daniel T. McCarthy, Director of the California Department of Corrections, appeal from an order enjoining prison officials from enforcing any regulation prohibiting inmates from establishing regular passbook savings accounts in banks and savings and loan institutions.

San Quentin inmate Clyde Parker (respondent here) petitioned the superior court for relief from regulations promulgated by the prison authorities prohibiting inmates from withdrawing money from inmate prison trust accounts for deposit in regular passbook savings accounts outside the prison.

Facts

From 1965 to 1981 San Quentin inmates were allowed to maintain passbook savings accounts at outside banks. In 1978, and with assistance of prison authorities, Parker opened a passbook savings account at First Federal Savings and Loan Association in San Rafael.

On January 1, 1981, San Quentin officials revised Institutional Procedure 206 (I.P. 206) to provide that inmates would not be allowed to withdraw trust account funds for the purpose of establishing passbook or checking accounts, and that all investments by inmates must be long term in nature. (I.P.…