Search results matching tag 'California'

Re: Sierra Conservation Center

Crystalldarlin — Fri, 28 Aug 2009 21:35:37 GMT

-YES OF COURSE THEY ARE --THEY ARE "ALLWAYS THE ONES TO GO,,,,

Calif. To Ship 8000 Inmates to Arizona

arhunt — Wed, 08 Oct 2008 01:57:35 GMT

GONE, BABY, GONE
Shipping Prisoners Out of State

by Raj Jayadev, Metro Newspapers

A San Jose mother tries to prevent the Department of Corrections from
sending her son to an out-of-state prison

WHEN Beatrice Patlan's 18-year-old son Raymond was sentenced to prison in
2007, there was only one thing that made it bearable: He was placed at
Soledad Prison, a manageable hour and a half drive from her San Jose home.
On her days off from work, Patlan would drive down to the Salinas Valley to
visit her son, bringing his little brother and sisters so they didn't grow
apart during his incarceration. They could all hug him after their long
talks.

"For him, it kept his mind and heart strong," Patlan says, "and for us as a
family, the visits meant Raymond could still be a part of our lives."

But those visits may now be over, as her son is being sent to serve the rest
of his term in Arizona, pulling him hundreds miles out of reach of his
family.
Raymond Patlan is one of thousands of inmates who are now being transferred
out of state to ease the staggeringly overcrowded California prison system.

Convicted of aggravated assault, and slapped with a gang enhancement,
Raymond was given eight years for a first-offence crime. Beatrice believes
his story that he was jumped, and used a bat to defend himself and his
little brother. She knows he needs to serve the time for his crime, but she
is committed to supporting him through the ordeal. And so Beatrice Patlan
has been working to keep her son close.

She has repeatedly called the California Department of Corrections and
Rehabilitation, spoken with the warden at Soledad, and had sit-down meetings
with Assemblymember Joe Coto's office and with state Sen. Elaine Alquist.
But after exhausting every option to figure out the rules of transfer and
determine whether they apply to her son, she has arrived at a demoralizing
conclusion: There are no rules.

Lawsuit Over Transfers
That is also the argument behind an injunction recently brought by the
Northern CaliforniaAmerican Civil Liberties Union, which filed a lawsuit
against the Department of Corrections and Rehabilitation (CDCR) to stop what
the ACLU calls an "unlawful transfer policy."

The injunction, filed on July 29, says the CDCR has failed to comply with
the state's Administrative Procedure Act when implementing the transfer
program.
Michael Risher, staff attorney with the ACLU, says the lawsuit is designed
to bring public scrutiny to the out-of-state transfer practice. "We are
trying to get the CDCR to follow the law, not secret guidelines," Risher
says.

Raymond Patlan's family is one of many casualties of a broken state prison
system, Risher says. His office has been getting many calls and letters from
inmates and their families since rumblings of the plan first hit the
prisons.
"It is an enormous hardship to suddenly be snatched and sent miles away," he
says. "It is hurting California families-wives, parents and children."

Risher hopes the CDCR will take a look at the legal arguments and move to
avoid having the court decide the case. In a written response to the court,
the CDCR denies violating the Administrative Procedures Act.

State of Emergency
On Oct. 4, 2006, Gov. Arnold Schwarzenegger issued an official proclamation
declaring a "Prison Overcrowding State of Emergency." The Legislature
followed this proclamation by enacting Assembly Bill 900, which authorized
$7.7 billion to create up to 53,000 new beds at state prisons in 10 years,
and authorizing the transfer of 8,000 inmates to out-of-state facilities.

The move came at a time when California's prison population was at an
all-time high, with more than 170,000 inmates housed in facilities designed
for 100,000, and 29 of the state's 33 prisons above maximum safe capacity,
according to the CDCR.

Before to the governor's proclamation of prison overcrowding, the state
could only transfer inmates who had volunteered to do so. That protection to
inmates who wanted to stay in-state, known as Penal Code 11191, was
temporarily put on hold. The law was amended through A.B. 900 last May, and
since then California has been systematically shedding inmates and sending
them to states such as Tennessee, Mississippi and Arizona.

The budget stalemate in Sacramento has only put more pressure to expedite
the transfer process.

Mike Potter, Joe Coto's District director, has met with Beatrice Patlan
about her son's case. Potter says the prisoners are being transferred in a
desperate effort to save money.

"Budget pressure is one reason the CDCR is looking to hurry and ship 8,000
inmates out of state," Potter says.

Coto was one of the few assembly members who did not vote for A.B. 900.
Potter says the savings aren't worth the long-term damage done by the law.
"On the incarceration side, this program may be cheaper," Potter says. "But
in terms of the cost to the inmates, their rehabilitation, and their
families, these transfers may have a negative impact."

When a Rule Is Not a Rule
When Beatrice Patlan heard from her son that he had been placed on a
transfer list, she went into her own emergency response plan. Finding no
published criteria to challenge the transfer, she filed a request for
information, initiating her own investigation under the state's Public
Records Act. She received an internal memo from the CDCR regarding a
"sending protocol."

According to the memo, there is a five-tiered protocol-at least on paper.
The state is supposed to first look to transfer inmates who have been
previously deported by the federal government; next, inmates who are being
paroled outside California; third, inmates who have limited or no family
ties, based on a review of their visitation history; and then inmates who
have supportive family in another state. Only then is the state supposed to
transfer "other inmates chosen and considered appropriate by CDCR."

Raymond was safe, according to these criteria, except for the fifth, which
clearly is a catch-all that essentially nullifies the first four.

When Beatrice discovered this, she became frustrated, and launched her
one-woman letter-writing campaign. She says that the CDCR, the warden, and
Attorney GeneralJerry Brown have all promised written responses, which she
has not yet received.

Beatrice Patlan has not received her regular call from Raymond either. He
is currently in a "reception prison" while awaiting his permanent transfer,
and cannot call out until he is placed in his destination.

She says that the last time she heard from Raymond, he was trying to cheer
her up about the impending transfer to Arizona that would break up their
regular family gatherings. He told her, "Just think of it as one more stop
before I come home."

Re: Please help I don't understand how jail/prison works, I am so confused and heartbroken

arhunt — Thu, 11 Sep 2008 17:40:45 GMT

Hi,

I can provide a little help... Your boyfriend is being transferred to Delano for what is called RECEPTION. Recpetion is at North Kern.He will be in Reception for 3-5 months. During his time in Reception he cannot make or receive phone calls and he cannot have any visitors. He can only write and receive letters. YOu will be able to send him up to 20 sheets of paper at a time and you can send him pre- stamped envelopes, 10 at a time maximum. The Reception period is a time for the State to evaluate him and determine where he will be sent to serve out his sentence. It is also a time for him to get used to the prison system. Reception inmates CANNOT receive packages.

Reception is tough for both of you, and the information flows VERY SLOWLY. Letters can take up to a week for him to receive.

Let me know if you have any other questions...

They need to Review?????

arhunt — Fri, 22 Aug 2008 19:33:21 GMT

Sentence reviewed for inmate in vegetative state

A convicted murderer left in a persistent vegetative state by a prison beating and whose care and custody have cost the state more than $1 million since December will get a chance to have his life sentence recalled.

The state Board of Parole Hearings referred Jackson Phaysaleum's case for a possible sentence adjustment on Tuesday after voting that the 24-year-old prisoner "is incapacitated and appears to present no public safety risk."

A sister of one of the two men shot dead April 2, 2004, by Phaysaleum in a dispute over Stockton drug turf expressed anger that San Joaquin County prosecutors never told her the matter came up for a hearing.

"They're not contacting the family at all," said Nisha Dutye, the sister of James Dutye, 46, who, along with Demetrius Silmon, 36, was gunned down by Phaysaleum. "How are we supposed to contest this or oppose it if we're not familiar with what is going on?"

Nobody spoke to the board Tuesday on the case.

San Joaquin County Deputy District Attorney Thomas Testa, who got the conviction that led to Phaysaleum's sentence of 46 years to life, could not be reached for comment.

Phaysaleum's sister-in-law, Kelly Thongsy, said the decision left her in "shock." She said she has been looking for a long-term care facility in Stockton in case he is released.

Under state law, the board's 10-3 vote sends the case to San Joaquin County Superior Court, which has final say on the sentence recall.

Phaysaleum was beaten unconscious Dec. 4 by his cellmate at Kern Valley State Prison. Medical officials at the prison said he is still in a persistent vegetative state and likely won't recover.

The state has since spent more than $1.1 million in medical and custody costs on Phaysaleum, according to figures provided by the corrections department.

North Kern Prison Plans Discussed

arhunt — Fri, 07 Mar 2008 00:50:01 GMT

Delano residents air thoughts on prison plan

DELANO -- North Kern State Prison appears to be a good neighbor, but the road that leads to it could use some improvements.

That's what state environmental planners heard from several people at a meeting Thursday regarding plans that would add more buildings and beds so inmates don't have to sleep in areas such as gyms and dayrooms.

The growth is part of Assembly Bill 900, which gave the Department of Corrections and Rehabilitation authority to design, construct or renovate prison housing and other structures to add up to 16,000 beds in several phases at state facilities, including North Kern.

The state is seeking local agency and the public's feedback about environmental issues and prison growth, which will be addressed in a report. The draft report may be ready for review in late summer or early fall, said Roxanne Henriquez, a senior environmental planner with the state Department of Corrections and Rehabilitation.

Cecil Avenue, which leads to North Kern and Kern Valley state prisons, is a two-lane road. Inmates are transported back and forth in large buses on Cecil, and soon more vehicles will be using it because Delano is growing in that area. A third high school and a satellite Bakersfield College campus will be close to the state prisons.

Additionally, Mayor Grace Vallejo said she would like to receive more of the mitigation funds, $800, that the county gets per inmate bed each year.

"We're the impacted location," she said. "The legislation needs to be changed."

Proposed growth at North Kern includes building five 100-bed housing units and facilities for health care and academic vocational training. The cells are designed for one inmate but may likely accommodate two. If the new cells are used for double occupancy, North Kern could gain 1,000 more inmates, which would bring the bed capacity to 6,473. Staffing levels could increase by 520, to 2,011 people.

Resident Stu Collins thinks the state prisons bring good jobs to Delano. But he would like to see Cecil Avenue improved, something that's been talked about for years.

"Don't tell us you're going to do something and don't do it," he said.

California Three Strikes Law Update

arhunt — Thu, 06 Mar 2008 19:36:24 GMT

"The Three Strikes Reform Act of 2008"

Step one has been taken!!!!
We filed our initiative for inclusion in the November 2008 election.

Step two has been taken!!!

We raised the money necessary to print the petitions which will be circulating in about 2 months. (We should receive title and summary from the Attorney General in approximately 55 days).

Step three!!! That's where we all come in.

Go here to sign up as a signature gatherer. Call us at FACTS 213.746.4844 for instructions on how to gather signatures. We will be holding training sessions in November/December.
Speak to your church about letting us gather signatures there on any given Sunday.
Set up a location outside a WalMart, supermarket, .99 cent store, sports event, wherever to collect signature.
Develop plans to raise money so that together we can hire professional signature gatherers to insure we secure the 735,000 signatures of registered voters we will need in order to insure that we have 434,000 good signatures.
Get involved with one of our chapters (listed on website) to get involved with community education. We won't get the votes unless folks know the issue and that's the job of everyone fighting for change.
Count yourself among the donors. Approach family members and make a joint donation among all of you.
Refuse to sit on the sidelines.

LEGISLATION: EARLY RELEASE

FreeJP — Fri, 15 Feb 2008 19:44:31 GMT

From: Taxpayers for Improving Public Safety (TiPS)
<matt@thecapitalalliance.com>
Sent: Friday, February 15, 2008 7:04:21 AM
Subject: TiPS Periodic Update 2-15-08

You are receiving this update as a registered user of the Taxpayers for Improving Public Safety (TiPS) website.

If you are receiving this update as a forward from someone else, then take a moment to register (for FREE), to receive these directly, by going to www.forpublicsafety.com.

Subscribed (paid) users have full access to the entire site, and help to build our political power through their memberships which begin at just $5 per month. Be a part of the fastest growing union in California, join TiPS today.

LEGISLATION: EARLY RELEASE

Assemblyman Sandré Swanson (D-Oakland), has introduced AB 1965, a bill to require the Department of Corrections and Rehabilitation to establish a program to allow prisoners who are at least 55 years of age, are incarcerated for a nonviolent offense, have a diagnosed chronic illness or disease that requires ongoing medical attention, have medical coverage, and meet other specified criteria to be released on early parole.

TiPS' whitepaper on how to fix California's prison crisis, which was distributed prior to last year's Lobby Day, emphasized the need to release the nearly 4,500 terminal and chronically ill inmates.

These inmates, most of them unable to walk on their own and are confined to their beds, pose no credible threat to public safety and do not belong in prison.

We are pleased by Assemblyman Swanson's response to this irresponsible use of taxpayer dollars and wanted to let our members know of this progress.

Redemption and rehabilitation

FreeJP — Fri, 18 Jan 2008 22:34:31 GMT

Redemption and rehabilitation
San Francisco Chronicle: Editorial
January 18, 2008

Three years ago, the U.S. Supreme Court struck down the death penalty
for minors as cruel and unusual punishment, citing medical and
social-science evidence that teens lack the maturity to be held
accountable to the same degree as adults.

"From a moral standpoint, it would be misguided to equate the failings
of a minor with those of an adult, for a greater possibility exists
that a minor's character deficiencies will be reformed," Justice
Anthony M. Kennedy wrote in the 5-4 opinion for the court. The justices
acknowledged that their decision was influenced, in part, by the desire
to end the United States' international isolation on the issue.

All of those arguments also could be applied to laws that put juveniles
in prison without the possibility of parole, which still occurs in this
country. In fact, 99.5 percent of all juveniles who are sentenced
without a chance of release are in the United States.

It was instructive that Sen. Leland Yee, D-San Francisco, was initially
frustrated in his efforts to get a straight answer about how many
California inmates serving life without parole were convicted before
age 18. The prison system did not seem to know. Or care. These inmates
were written off as irredeemable without regard to their ages at the
time of their crimes.

"Basically, what we're saying is we're giving up on them ... they're
never going to see daylight again because they're so dangerous," Yee
said.

In some cases, a lifetime of incarceration may be justified. But Yee, a
child psychologist, said there is "evidence both neurological and
psychological" that young people who commit crimes are not necessarily
beyond redemption.

Finally, Yee received a number: 227 inmates. Of those, 59 percent had
no prior criminal record; 26 percent were participants in a robbery or
other felony that resulted in a homicide - but someone else was the
actual shooter.

Yee's Senate Bill 999 would eliminate life sentences without parole for
juveniles who are tried as adults. Instead, the maximum penalty would
be 25 years to life.

As Yee emphasized, "This bill does not give you a get-out-of-jail
card." As we have noted in our examination of other cases, California's
parole board is famously - and properly - judicious in deciding which
inmates are fit for release. In most years, less than 5 percent of
"lifers" who appear before the board are cleared for release.

Beyond that, a law passed by voters in 1988 gives the governor the
ability to veto the parole of anyone convicted of murder. As of
December, Gov. Arnold Schwarzenegger had allowed the release of just
170 of the 771 parole-board recommendations that reached his desk.
Former Gov. Gray Davis allowed just six such releases during his tenure.

So there are plenty of safeguards against the release of unrepentant,
dangerous predators. This measure restores an element of judgment into
the equation. This bill also, to invoke the words of Justice Kennedy,
reflects the morality and wisdom of a society that recognizes that even
a terrible act at age 15, 16, 17 does not call for the dismissal of a
life. The Department of Corrections recently added "rehabilitation" to
its name. This is one way to advance that goal.

It won't be easy. Yee's bill squeaked through the Senate Public Safety
Committee on a 3-2 vote last year. Any loosening of sentencing laws
requires a two-thirds vote from each house. SB999 is expected to reach
the Senate floor later this month.

"It's a tremendous hurdle," Yee said, acknowledging the opposition of
law enforcement and victims'-rights groups.

However, it's the right thing to do for a society that respects medical
science and promotes the value of redemption and rehabilitation.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/18/EDROUGTKF.DTL

Corcoran State Prison's Most Famous

arhunt — Fri, 18 Jan 2008 00:51:31 GMT

Sirhan Sirhan

Victim: Sen. Robert F. Kennedy of New York, who was shot and killed in Los Angeles in 1968.

Where is he now? Though Sirhan contends he was hypnotized during the murder -- and requested that the Ambassador Hotel not be demolished to preserve evidence of his innocence -- he remains in Corcoran State Prison, having been denied parole more than a dozen times. He is now 63.

Eligible for release? His next parole hearing is in 2011.

“Accelerated Release: A Literature Review” by the National Council on Crime and Delinquency is our site of the day

FreeJP — Wed, 16 Jan 2008 00:27:32 GMT

“Accelerated Release: A Literature Review” by the National Council on Crime and Delinquency is our site of the day
The National Council on Crime and Delinquency has released a report earlier this month, “Accelerated Release: A Literature Review” that couldn't be more timely, given the proposal by Governor Schwarzenegger to reduce California’s prison population to help deal with our state’s budget deficit crisis and also as an attempt to stave off Federal Court mandated releases and caps.
This 9 page study looked at peer reviewed articles, dissertations, state reports, policy reports, and national data on accelerated prisoner release programs and their impacts on public safety from 1981 to 2004. Included in this review is a 1970 experimental study in California of inmates released 6 months before their expected release date.
The findings in the 1970 California study: “A reduction of six months in prison terms has no statistically significant effect upon recidivism on parole within the first two years following release.” The study group members did not differ from those in the comparison in their likelihood of returning to prison, whether by a court conviction, for a new felony, or as a result of a parole violation short of a new conviction.”
This is in accord with findings from other states and Canada reported in this report.
There also is an important listing of what has worked in other accelerated releases that California policy makers should pay close attention to:
• Selecting nonviolent versus violent offenders for accelerated release.
• Using accelerated release as an incentive for nonviolent behavior in prison.
• Allocating probation officers to maintain contact with accelerated release groups, thereby promoting accountability.
• Linking accelerated release groups to community based services and programs concerned with housing, employment, substance abuse treatment, and mental health care.
Posted on January 14, 2008

http://www.californiaprogressreport.com/2008/01/accelerated_rel.html