Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
