Legal Question in Business Law in California
CDC inmates owning a business
Can a california dept of corrections inmate start and own a business?
1 Answer from Attorneys
Re: CDC inmates owning a business
Interesting question. Obviously, CDC inmates have various practical obstacles: incoming and outgoing mail is censored; there are restrictions on the amount of funds an inmate may receive; communication is restricted to visits and outgoing collect phone calls. Correctional officers can and do often arbitrarily withhold privileges or confiscate items lawfully mailed to inmates. Manufacturing and craft businesses would probably be out. Book publishing and other creative endeavors would seem more practical. I don't know of any legal prohibitions as such, but it appears you would need substantial, trusted help from the outside to make a go of it. Also, once the inmates are released, parole restrictions could possibly prevent the co-venturers from lawfully meeting or associating with one another. As in any other business, it will be helpful in avoiding possible future disputes if the organizers can agree in writing on the terms of the deal. Beware of partnerships as a form of business organization as each partner can impose unlimited liability on the others. Maybe your friends on the outside could have a corporation formed.
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