Section 3230 - Establishment of Incarcerated Person Advisory Councils(a) Each warden shall establish an incarcerated person advisory council which is representative of that facility's incarcerated person ethnic groups. At the discretion of the warden, subcommittees of the council may also be established to represent subfacilities or specialized segments of the incarcerated population. (1) Council members shall serve to advise and communicate with the warden and other staff those matters of common interest and concern to the incarcerated general population.(2) The council shall operate only under the constitution and by-laws as prepared by the council's incarcerated person representatives, with the advice and guidance of designated staff and approved by the warden.(3) Local exceptions to this regulation may be permitted with the approval of the director.(b) An incarcerated person's eligibility for nomination, election and retention as an incarcerated person advisory council representative shall be limited only by the incarcerated person's ability to effectively function in that capacity as determined by the warden. (1) Upon the incarcerated person's request, that incarcerated person shall be provided, in writing, the reasons for the determination of ineligibility.(2) A disciplinary infraction shall not necessarily bar an incarcerated person from serving as a council representative unless the infraction is determined by the warden to be detrimental to the council's effectiveness.(3) A representative's misbehavior while conducting council business or acting under the guise of conducting council business shall be cause for disciplinary or other action.(4) The membership of representatives or the activities of the entire council may be suspended when the warden determines that the representative or council presents a threat to facility security or the safety of persons, or that the representative's or council's actions are counterproductive to the best interest and welfare of the general incarcerated population. If a council's activities are suspended, the warden shall notify the general incarcerated population of that action and the reasons therefor.(c) Only incarcerated persons shall nominate and elect incarcerated person advisory council representatives. (1) Each incarcerated person shall have an equal vote in the election of their council representatives.(2) When an election is by written ballot, the election shall be conducted under the direct supervision of staff who shall distribute and collect the ballots and tabulate the results.(3) All written ballots shall be retained for 30 days after the close of the election.(4) If it is determined that any coercion, duress, threats of reprisal or other irregularities were present in an election, the warden may declare the election invalid and require a new ballot.(5) Only council representatives shall elect a temporary representative to fill a vacancy for up to a maximum of 30 days.(d) Incarcerated person advisory council representatives shall not, as a council representative, become involved with incarcerated person grievances or appeals unless the matter affects the general incarcerated population and such involvement is authorized by the warden. (1) No grievance or appeal concerning an employee shall be discussed by representatives with any employee below the level of correctional lieutenant.(2) Representatives shall not attempt to influence the decisions of staff by threatening to seek review by a higher authority.(3) Representatives shall not negotiate with nonsupervisory staff who do not have the authority to act on the specific matter.(4) Representatives shall not attempt to directly enforce staff's compliance with any higher level decisions.(e) Each incarcerated person advisory council shall maintain a permanent record of formal meetings, whether staff were present or not.(1) The minutes of meetings shall contain the date and time of the meeting, names and titles of those present and absent, subjects discussed, decisions made and actions taken.(2) Before being distributed, minutes of meetings and any other council material shall require the approval of the warden or designee.(f) Incarcerated person advisory council representatives may, through designated staff and with the approval of the wardens of both facilities, correspond and exchange copies of meeting agenda and minutes with councils at other department facilities. The warden denying such exchanges shall provide the originating council chairperson with written reasons for the denial.(g) The incarcerated person advisory council shall be provided, when available, adequate facilities, equipment and supplies to carry out its approved activities and functions.(1) Each council shall be provided with the following:(A) Office space and furniture.(B) Access to a typewriter and duplicating equipment.(C) Office supplies and stationery.(D) Bulletin boards in locations frequented by the represented incarcerated population.(E) Copies of Notices of Change to Secretary's Rules, Administrative Bulletins, and other nonconfidential directives and announcements which concern the general incarcerated population.(2) A means for distributing approved council materials to the general incarcerated population shall be established. Wardens may permit such means to include the use of facility publications and radio systems.(3) The council shall obtain staff's authorization before using any resources which were not specifically provided for the council.(h) A staff person at the level of a program administrator or higher shall be designated as the incarcerated person advisory council coordinator. (1) Facility Captains shall be directly involved in council activities within their respective programs and may delegate specific aspects of supervision, direction and responsibilities for council activities within their unit to subordinate unit supervisors.(2) Other staff may, as deemed necessary by the warden, be involved with the council in resolving issues.(3) The routine supervision and direction of council activities may be delegated to staff at the level of a correctional lieutenant or higher.(4) Correctional lieutenants and sergeants in charge of incarcerated person living areas on each watch shall work directly with council representatives on issues and concerns resolvable at their level of authority.(i) The warden or their designate shall meet with the incarcerated person advisory council representatives at least once each calendar month. Apart from the warden's meeting, coordinators shall also meet with council representatives at least once each calendar month. (1) Proposed agenda items with a summary of the council's efforts to resolve the items at a lower level shall be submitted by the council to the warden and, when required by the coordinator, to the coordinator one week prior to their scheduled meeting.(2) Emergency issues may be brought to the attention of the warden or coordinator without a prearranged agenda.(3) The warden and staff delegated the authority to act on formal agenda items shall provide the council with a timely written response which shall indicate what action (including any referral and no action) was taken, the reasons for the action and, when applicable, the manner and appropriate time of implementing the action.Cal. Code Regs. Tit. 15, § 3230
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without regulatory effect amending subsection (h)(1) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
3. Change without regulatory effect amending subsection (g)(1)(E) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
4. Amendment of subsection (d) and (d)(1) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
5. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (d) and (d)(1) refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (d) and (d)(1) refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
9. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).