Can an incarcerated felon serve on the board of directors of a non-profit organization in California?
Our non-profit is related to restorative justice, prevention and rehabilitation. Some of our projects take place inside of one of CA prisons. One of our co-founders is an inmate. Is he allowed be listed as one of the directors or a vice-president of the board? He doesn't run this organization and does not occupy any paid position. Our board meetings are held in the prison, so there's no problem with that. Title 15 (Prison Operations) doesn't cover this topic, so the question is, Is it legal for him to use a title of "director of the board" or "vice-president of the board"?
I can find no statute that precludes an incarcerated individual from serving on the board of a non-profit entity.
Corporations Code Section 5047 (first link below) states that an individual must be a natural person. While there are other Sections of the Corporations Code that address directors of various types of non-profit entities, those Sections deal with procedural issues, such as electing and removing directors, rather than their qualifications.
Penal Code Section 2600 (second link below) states that imprisoned individuals may "be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests." While serving on a non-profit board is not included in the rights expressly acknowledged in Section 2601, I find it difficult to see how depriving the co-founder of an opportunity to serve on the non-profit's board would serve a legitimate penological interest. In any event, I imagine that attendance at board meetings will need to be approved by the warden.
This information does not constitute legal advice and does not establish an attorney-client relationship.
Non-profits in general have to comply with IRS requirements. I'm not a tax expert so I don't know if this issue would be a problem or not, especially if you don't mention why this person is in prison but you may want to consult with your tax attorney or accountant. Hope this helps
