Chapter 5 – Adult Custody and Security Operations

“Inmate Advisory Council,” hereinafter referred to as “IACInstitution Advisory Counsel,” is a departmental term used to describe the body of inmates selected by the general inmate population of each institution to act in an advisory capacity to the Warden, and his or her administrative staff, in matters of common interest and concern to the general inmate population and administration.

With the approval of the Warden, a local IACInstitution Advisory Counsel may use a title other than IACInstitution Advisory Counsel, providing the title adequately conveys the group’s advisory role. Examples are:

• Men’s Advisory Council (MACMen's Advisory Council).

• Women’s Advisory Council (WACWomen’s Advisory Council).

• Resident’s Advisory Council (RAC).

The IACInstitution Advisory Counsel serves a dual purpose, both of equal importance.

• The first is to provide inmates of the institution with representation and a voice in administrative deliberations and decisions affecting the welfare and best interest of all inmates.

• The second purpose is to provide the Warden and their administrative staff a vehicle to communicate administrative actions, and the reasons for same, with general inmate population.

The scope of IACInstitution Advisory Counsel activity, as an advisory and communication resource, is limited only by the Warden’s prerogatives in this area.

The IACInstitution Advisory Counsel and its individual members shall not be given nor attempt to assume responsibility or authority over the actions or activities of employees or other inmates.

Administrative staff and IACInstitution Advisory Counsel representatives shall not rely on personal contacts, written or verbal communications between themselves and administrative staff as a vehicle for implementing or changing institutional routines and procedures.

IACInstitution Advisory Counsel representation shall be limited to areas of institution operation that have a direct impact on the general inmate population or on substantial segments of the population as determined by the Warden.

IACInstitution Advisory Counsel representation shall be provided for all ethnic segments of the general inmate population and of inmates within a designated representation area or activity. This shall be accomplished through the election of all IACInstitution Advisory Counsel representatives by the entire inmate population or by only those inmates of each ethnic segment of the population.

All inmates to be represented and who desire to participate in the election of an IACInstitution Advisory Counsel representative shall be given an equal voice in the choice of representatives.

When subcommittees of the IACInstitution Advisory Counsel are established to represent specialized segments of the inmate population participation in the election of representatives shall be limited to those inmates in the particular area or segment of the population to be represented.

Duly elected IACInstitution Advisory Counsel representatives shall elect the temporary representative to fill a vacancy (up to one month) in IACInstitution Advisory Counsel offices.

The election of IACInstitution Advisory Counsel members may be by secret ballot or other democratic process. This process must be free of irregularities, coercion, duress, or reprisal in or resulting from an individual inmate’s election.

Employees and persons other than inmates may not nominate or select IACInstitution Advisory Counsel representatives.

Employees of the institution shall supervise the election process of all IACInstitution Advisory Counsel representatives.

When a secret ballot or other written or printed material is used, employees shall directly supervise, distribute, collect and tabulate the results.

IACInstitution Advisory Counsel representatives shall be permitted to closely monitor the entire process.

Ballots or other written or printed material used in the process shall be delivered to the Warden or to designated staff, and shall be retained for no less than 30 days for review in case of alleged irregularities.

Eligibility for nomination, election, and retention as a member of the Inmate Advisory Council (IACInstitution Advisory Counsel), shall be limited only by the inmate’s ability to effectively function in that capacity. Disciplinary violations shall not bar an inmate from nomination, election to, or retention on the council unless they reflect behavior detrimental to the effectiveness of the committee.

Establishment of an IACInstitution Advisory Counsel shall not preclude the Warden from establishing other inmate committees to perform special services or to act as a representative group for all inmates for special purposes and under specified conditions, as permitted in the CCRCalifornia Code of Regulations 3231.

Unless such special committees or groups of inmates are composed exclusively of IACInstitution Advisory Counsel members, the committee or group shall not be considered as an IACInstitution Advisory Counsel or subcommittee or branch of the IACInstitution Advisory Counsel.

Unless specifically authorized by the Warden, the IACInstitution Advisory Counsel shall not function as a grievance committee nor involve itself in an individual inmate’s grievance or request for action on an appeal.

The IACInstitution Advisory Counsel may address grievances of concern to the general inmate population and bring the matter to the attention of the Warden or other administrative staff having authority to act on the matter.

Grievances and appeals relating to individual employees shall not be discussed by the IACInstitution Advisory Counsel or its members with other employees at less than the level of Lieutenant. A matter that may relate to the general inmate population will be the only exception.

IACInstitution Advisory Counsel members are prohibited from personal confrontation or threats to take an employee’s decision or action to higher authority under the authority of the IACInstitution Advisory Counsel.

Employees shall refrain from confrontations or threats of action simply because the inmate is a member of the IACInstitution Advisory Counsel.

If the conduct of persons, either employees or IACInstitution Advisory Counsel representatives, warrants the attention of higher authority, a factual report should be submitted to that proper authority.

All formal meetings of the IACInstitution Advisory Counsel, whether meeting alone or with staff, shall be recorded and made a permanent record of the IACInstitution Advisory Counsel’s activity.

Agenda, minutes of meetings, and other paperwork generated by IACInstitution Advisory Counsel business shall be approved by the Warden or chief deputy Warden or designee prior to general distribution.

IACInstitution Advisory Counsel’s may correspond and exchange copies of meeting agenda and minutes by the staff member designated by the Warden as the institution’s IACInstitution Advisory Counsel coordinator with prior approval and agreement between respective Wardens.

Any such mail deemed to be a threat to the security of either institution, the safety of employees, inmates or other persons, or likely to cause dissension, disorder or violence shall be denied at the point where such determination is made.

The Warden of the sending institution shall be informed of the denial and reasons for the denial, as will the chairperson of the sending institution’s IACInstitution Advisory Counsel.

As an inmate representative group the IACInstitution Advisory Counsel shall be permitted to correspond with members of the legislature, other elected and appointed governmental officials, and with representatives of the news media to the same extent as is permitted individual inmates under the CCRCalifornia Code of Regulations, relating to confidential correspondence.

Such correspondence by the IACInstitution Advisory Counsel shall be confidential and subject to the same inspection as other confidential correspondence.

The general inmate population should be aware of all formal agenda items and the results of the IACInstitution Advisory Counsel’s meetings with the Warden and their administrative staff. Wardens shall provide bulletin boards in conspicuous locations throughout the institution, facilities and units, accessible to the general inmate population, or space made available on such existing bulletin boards, for posting of approved informational material by the IACInstitution Advisory Counsel.

Provision shall be made for the duplication and distribution of approved IACInstitution Advisory Counsel informational material to the general inmate population.

Where they exist, institution publications and institution radio systems may also be utilized for this purpose, with approval of the Warden.

Wardens shall make the candidates for IACInstitution Advisory Counsel membership and IACInstitution Advisory Counsel members highly visible and recognizable to the general inmate population and staff.

This may be accomplished through the publication and posting of the names and photographs of candidates and members.

Visibility of IACInstitution Advisory Counsel members may also be enhanced by the designing and issuing of conspicuous and highly recognizable shirts or jackets.

Institutions are encouraged to develop other ways and means to accomplish this desirable recognition of IACInstitution Advisory Counsel members.

Wardens and designated staff who have the delegated authority to consider and act on formal agenda items or issues shall provide the IACInstitution Advisory Counsel with a timely written response.

The response shall clearly indicate the action taken, the reasons for the action, the manner and approximate time of implementation, or of any referral to higher authority and the reason or need for referral.

If no action will be taken, the reason for this decision shall be specified.

A copy of all departmental Notices of Proposed Changes in the CCRCalifornia Code of Regulations, as well as Rules Revision Bulletins announcing adopted changes in the CCRCalifornia Code of Regulations, shall be given to each institution’s IACInstitution Advisory Counsel.

The IACInstitution Advisory Counsel’s response to proposed changes, acting on behalf of the institution’s general inmate population, is encouraged.

The IACInstitution Advisory Counsel’s may send responses separately and directly to the department’s LADLegal Affairs Division (see OLA)-RMU or include their response attached to the Warden’s response to such notices and bulletins.

This does not preclude individual inmate response to such notices and bulletins.

Wardens shall place their IACInstitution Advisory Counsel on the institution’s local distribution list for department administrative bulletins and other department directives and announcements when such informational material concerns or is of concern to the general inmate population.

This may be by direct routing or through the institution’s IACInstitution Advisory Counsel coordinator.

In order to avoid resentment and possible confusion, staff who are concerned or affected by the information, instruction, or direction given in such material should be informed of that information as soon as or before such information is disseminated to inmates, including the IACInstitution Advisory Counsel.

Each Warden shall provide adequate facilities, equipment and supplies for the IACInstitution Advisory Counsel to carry out its approved activities. This shall include designated IACInstitution Advisory Counsel office(s), office furniture, typewriter and office supplies and stationery. Provisions shall also include duplicating equipment or ready access to such service.

The IACInstitution Advisory Counsel shall be given every reasonable assistance to carry out its approved activities, but must secure permission from proper authority on each occasion requiring institution resources not specifically assigned to the IACInstitution Advisory Counsel office.

The effectiveness of an IACInstitution Advisory Counsel is primarily dependent upon recognition and demonstrated support of its authorized activities by administrative and supervisory staff.

Wardens shall convey and demonstrate to all employees and the general inmate population their recognition and support for IACInstitution Advisory Counsel functions and activities that they have personally authorized through delegated authority.

All employees and the inmate population shall be made to understand that the IACInstitution Advisory Counsel is the Warden’s council, and as such deserves appropriate recognition and respect when it is performing as authorized.

Wardens may delegate the authority and responsibility for routine supervision and direction of IACInstitution Advisory Counsel activity to staff members at not less than the level of Lieutenant.

An institution staff member, at not less than the level of Captain, shall be assigned the function of institution coordinator for the IACInstitution Advisory Counsel.

Captains shall be directly involved in the activities of the IACInstitution Advisory Counsel within their respective program units, as is the Warden in the overall administration of the institution.

Captains may delegate specific aspects of supervision, direction, and responsibility for IACInstitution Advisory Counsel activities within the unit to subordinate supervisory personnel assigned to the unit.

Supervisory peace officer personnel assigned as the officer-in-charge of inmate housing areas on each shift or watch shall work directly with the IACInstitution Advisory Counsel on issues and questions that may arise during that shift or watch which can be resolved at their level of authority.

Second level supervisory staff are considered to be a critical level for success or failure of an IACInstitution Advisory Counsel, both from the viewpoint of inmates and administration.

The interest and attitude of these supervisory staff members will inevitably be reflected in the interest and attitudes of subordinate staff and inmates.

Other personnel, both supervisory and non-supervisory, should know and understand the purpose, function and role of the IACInstitution Advisory Counsel.

Other personnel may be involved in IACInstitution Advisory Counsel activities as deemed necessary by the Warden and their administrative staff in resolving issues relating to their particular area of expertise.

All employees and inmates shall be trained in the objectives and operation of IACs.

The Warden may include members of the IACInstitution Advisory Counsel in the orientation for new inmates and employees.

Wardens are urged to personally meet with IACInstitution Advisory Counsel representatives no less frequently than once each calendar month to discuss non-emergency issues that have not been resolved at lower level review with other staff.

Agenda items for scheduled meetings with the Warden shall be submitted at least one week in advance of the scheduled meeting, together with a summary of all IACInstitution Advisory Counsel efforts at the lower levels of staff review.

When an effort to resolve matters at a lower level is not indicated, the Warden may defer any action on the matter pending the IACInstitution Advisory Counsel’s attempts to resolve the matter at lower levels.

Wardens and other staff who meet routinely with IACInstitution Advisory Counsel should also submit an agenda to the IACInstitution Advisory Counsel at least one week in advance of the scheduled meetings.

IACInstitution Advisory Counsel representatives may bring emergency issues to the attention of the Warden without pre-arrangements of a formal agenda.

This may be through direct telephone contact with the Warden or through his or her office staff.

Meetings of IACInstitution Advisory Counsel representatives with the institution’s IACInstitution Advisory Counsel coordinator shall be scheduled no less often than once each calendar month, separate and apart from the IACInstitution Advisory Counsel’s meeting with the Warden.

Issues, questions, recommendations or requests resolved at this level need not be referred to the Warden except in the form of minutes of such meetings for informational purpose.

The coordinator may also require the submission of a formal agenda for such meetings.

IACInstitution Advisory Counsel representatives may bring emergency issues directly to the institution coordinator of the IACInstitution Advisory Counsel.

It is anticipated that most meetings requested on an emergency basis shall be handled at the coordinator’s level or be referred by the Warden to that level for appropriate action.

Meetings of IACInstitution Advisory Counsel representatives with program unit supervisors shall be scheduled as needed.

A formal agenda is optional at such meetings.

A written summary of subject matter discussed and of decisions and actions shall be made a matter of record and distributed as is indicated for formal agenda and the minutes of meetings.

At the Captain’s level, an open-door policy is most desirable in terms of the IACInstitution Advisory Counsel having timely access to administrative staff.

Meetings of IACInstitution Advisory Counsel representatives with supervisory custodial personnel shall normally be unstructured, informal, and without a need for agenda, minutes, or written summary except to refer subject matter to a higher authority, or when supervisory personnel are assigned to act for or on behalf of the Captain.

Meetings of IACInstitution Advisory Counsel representatives with other staff may be arranged on an as-needed or on a regular basis to resolve issues and questions relating to specific institutional areas and activities, such as canteen, food services, recreation, work, training, and medical services.

This may also be accomplished through standing subcommittees of the IACInstitution Advisory Counsel established for a particular purpose.

The IACInstitution Advisory Counsel, its officers and individual members, shall not attempt to transact IACInstitution Advisory Counsel business with non-supervisory personnel who do not have the authority to act on issues or questions of concern to the IACInstitution Advisory Counsel, nor will IACInstitution Advisory Counsel members attempt to force or enforce higher level staff decisions on employees.

If the actions of an employee appear wrong, the employee’s supervisor shall correct the situation. The IACInstitution Advisory Counsel should be encouraged to bring the matter to the attention of supervisory and administrative staff if the concern is one of genuine interest to the general inmate population.

Meetings of the IACInstitution Advisory Counsel with the Director’s staff may be held with individual IACs at the institution where the IACInstitution Advisory Counsel operates, at regional meetings where selected IACInstitution Advisory Counsel representatives from several institutions are brought, or on a statewide basis at one location.

Such meetings will be scheduled at the discretion of the Director.

Formal appeal procedures may be utilized by an IACInstitution Advisory Counsel on any decision or action, when the matter is not resolved through normal IACInstitution Advisory Counsel communication channels with the Warden.

Wardens’ staff and IACs are urged to consider every reasonable means to resolve issues at the lowest possible level before utilizing the appeals process.

No reprisal at any level or in any form will be tolerated against an IACInstitution Advisory Counsel or its members for performance of authorized and approved actions and activities.

Misbehavior while conducting IACInstitution Advisory Counsel business, or under the guise of IACInstitution Advisory Counsel business, shall be cause for disciplinary or other corrective action.

The routine process of the IACInstitution Advisory Counsel’s referral of issues, and requests, to the level of authority required for an action, is not an appeal process.

The Warden may suspend the membership of any individual IACInstitution Advisory Counsel member or the activities of the IACInstitution Advisory Counsel when there is reason to believe the individual’s actions or those of the IACInstitution Advisory Counsel presents a threat to institutional security, the safety of persons, or is counterproductive to the best interests and welfare of the general inmate population.

When suspension of IACInstitution Advisory Counsel activities is contemplated, the Warden shall immediately notify the office of the Director of the reason for such contemplated action.

A written report shall follow if the IACInstitution Advisory Counsel is suspended.

The Warden shall also notify the general inmate population of the action and the reason for it.

At the discretion of the Director or upon request by the Warden, the Director may assign departmental staff to investigate the matter and report their findings to the Director and to the Warden concerned.

Every effort will be made to reactivate an inmate IACInstitution Advisory Counsel in the shortest time possible, commensurate with institution security and safety.

Wardens are encouraged to grant such privileges to the IACInstitution Advisory Counsel as may be seen as fair and justified by staff and the general inmate population for services rendered.

This may include but is not limited to:

• Establishing IACInstitution Advisory Counsel chair or vice chairperson as full-time assignments, as provided in the CCRCalifornia Code of Regulations, 3043.5(a)(1). Only two such assignments shall be authorized at each department facility.

In general practice, the IACInstitution Advisory Counsel should consist of two major organizational units.

• A general council with the number of members dependent upon the number of inmates, areas or activities to the represented.

• An executive committee with the membership elected by the members of the general council.

The number of executive committee members is at the discretion of the Warden and dependent upon the number that can effectively participate in executive sessions with the Warden.

In addition to these two major organizational units, there may be subcommittees selected to deal with special areas of concern.

Institutions with subordinate facilities, such as reception centers, north, south facilities, etc., may establish separate IACs for these facilities.

The Warden shall require that the IACInstitution Advisory Counsel be governed in its operation by a constitution and by-laws prepared by the inmate group with the advice and guidance of a designated staff member. Such constitutions and by-laws shall be in compliance with existing rules, regulations, and procedures approved by the Director. The constitution and by-laws shall be approved by the Warden.

The following is the format for constitutions and by-laws for Inmate Advisory Councils.

• Article 1 – Name.

• Article 2 – Objectives. This article should contain a clear statement to the effect that the council serves in an advisory capacity to the Warden and that no administrative responsibilities are implied or to be assumed.

• Article 3 – Membership. A brief statement of eligibility for membership, ensuring all inmates the right to vote and defining those who may be elected to membership on the council.

• Article 4 – Officers. A listing of the officers of the council, normally a chairman, vice-chairman, secretary and sergeant-at-arms. A statement regarding the term of office of elected officers of the council, and the frequency of elections.

• By-laws.

  • Section 1 – Membership. A statement describing the areas or units represented by members of the council. Generally this provides for representation of the various housing units within the institution, but may include the selected representatives from various work assignments.

  • Section 2 – Nominations. Provides a system of nomination for selection to the inmate council.

  • Section 3 – Election. A description of the election process, which may include secret ballots and supervision of the elections by free personnel.

  • Section 4 – Method of Filling Vacancies. Describes method for handling vacancies created by transfer, release, removal, recall or election to an elective office on the council.

  • Section 5 – Duties of Officer. Statement of the duties of each officer.

  • Section 6 – Meetings. Statement of the time, place and frequency of meetings.

  • Section 7 – Committees. A listing of the standing committees of the council plus provision for special committees as the need exists.

  • Section 8 – Parliamentary Authority. A general provision that Robert’s Rules of Order shall be the authority for parliamentary procedures.

  • Section 9 – Executive Committee. To provide for an executive committee of the council ordinarily consisting of the selected officers and two or more elected members from the council.

  • Section 10 – Activity Cards. Provision may be made to issue special activity cards to members of the council for their use in conducting business of the council.

  • Section 11 – Removal of Members. Provisions shall be made to remove members through recall by their constituents or by administrative order.

  • Section 12 – Amendments. General provision for a method to make amendments to the by-laws.

The Deputy Director, Institutions Division, or designee shall ensure that the contents of this section are current.

PCPenal Code § 5055.

CCRCalifornia Code of Regulations (15) (3) §§ 3043.5(a)(1) and 3231.