Section 3234 - Establishment of Incarcerated Leisure Time Activity Groups(a) Each institution head shall provide for the formation of incarcerated leisure time activity groups within the facility. No activity group shall be formed or operated without the written approval of the institution head or their designee.(b) Incarcerated persons proposing to form an activity group shall submit a proposed plan of operation for the institution head's or designee's approval. The proposed plan of operation shall include the following: (1) The proposed name of the group, which shall reflect the general nature and interest of the group.(2) The purpose of the group with an explanation of the expected benefits to the incarcerated participants and to the facility, justifying the use of state resources to accommodate the group.(3) Membership criteria. Membership to an activity group shall not be denied on the basis of an incarcerated person's race, creed, color, age, national origin, ancestry, gender, marital status, disability, religious or political affiliation, sexual orientation, or on the incarcerated person's inability or refusal to pay membership fees, dues or donations to the group.(4) Frequency and type of meetings.(5) Limitations on number of members.(6) Outside affiliations.(7) Structure of the group's governing body.(8) Provision for annual update of bylaws for the institution head's or designee's approval.(9) An agreement signed by an employee volunteer willing to serve as the group's sponsor. Only a permanent full-time employee shall serve as a group sponsor. Cosponsors may be required if the group cannot be controlled by a single volunteer.(c) When the institution head or designee approves a group's proposed plan of operation, the plan shall constitute the group's bylaws and shall be so titled prior to distribution. (1) Any change in bylaws shall require the institution head's or designee's written approval prior to implementation.(2) Continuing operation of a group is contingent upon the institution head's or designee's annual review and reapproval of the bylaws.(d) No activity group shall meet unless the group's sponsor or cosponsor is present for such meeting.(e) Each approved group may be allowed one banquet per year subject to security considerations, availability of facilities and resources, and the group's ability to pay any additional costs incurred by the state.(f) The institution head shall dispose of any undisbursed funds and property of a disbanded activity group and in determining the method of disposal shall consider all written requests by former group members and other interested persons. (1) Funds shall be disbursed by either of the following methods: (A) Deposited into the incarcerated welfare fund account.(B) Donated to a recognized charitable organization.(2) Property shall be disposed of by any one or more of the following methods: (A) Placed on the incarcerated welfare fund property inventory.(B) Donated to another incarcerated activity group.(C) Sold to another incarcerated activity group. Proceeds of such sales shall be deposited into the incarcerated welfare fund account.(D) Donated to a recognized nonprofit organization.(E) Used for facility needs.(g) The bylaws for any approved group shall be accessible to all incarcerated persons in the facility. A copy shall be given to any requesting member of the public.Cal. Code Regs. Tit. 15, § 3234
Note: Authority cited: Sections 5058 and 6252, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Sections 5058 and 6252, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
4. Repealer and new section heading, designation and amendment of subsection (a), new subsections (b)-(f)(2)(E), and redesignation and amendment of former subsection 3235(a) to new subsection (g) filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
5. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).