Honorable Judge Thelton Henderson
United States District Court
450 Golden Gate Ave.
San Francisco, CA 94102
RE: California Department of Corrections and Rehabilitation concerns
Dear Judge Henderson,
I am writing this letter out of concern for the appalling conditions of the California Department of Corrections and Rehabilitation (CDCR) and the recent placement of its medical care under Federal Receivership. Since the receivership was ordered little has changed for the inmates. There is still a lack of proper medical diagnosis and treatment.
It is quite clear that the entire system is on the brink of failure. Our loved ones will continue to suffer and die inside CDCR’s walls and fences.
As noted previously in letters to you, the entire CDCR system is plagued with racial tension and is on the verge of collapse. The CCPOA union is responsible for this and continually makes and enforces decisions to create chaos, turmoil, and violence to assure their staff receives optimum benefits and nearly impossible overtime pay.
The action of placing violent offenders in population is simply a tool by the CCPOA to create and maintain their hold on the CDCR system through violence which in turn guarantees union employee benefits and excessive overtime pay to the tune of more than $100,000.00 per year for several CDCR employees. We are all aware of how powerful the CCPOA union is and how they wield their political clout. This matter is beyond state control and the CDCR is already in such a quagmire it won’t escape without untold numbers of assaults and deaths of both inmates and staff.
Now we have the transferring of inmates to other states that are just as overcrowded as California. How will this ease anything? The cost is high on both sides. For those that are being transferred, what about visits with family? Not to mention the cost of collect calls, and packages. We are simply "warehousing" & "storing" - there is no rehabilitation. Would not the money that is being allocated for these transfers be better utilized for programs, or expanding the facilities we have?
The CDCR system has collapsed and is not about corrections or rehabilitation. The only viable option is to take the steps to place the entire system under receivership and bring in federal authority to recoup the system before a total breakdown occurs and countless inmates are allowed to die from medical neglect or murder in a hostile environment meant to rehabilitate and return them to society
.
There are hundreds of thousands of family members, friends, and concerned citizens who urge prison reform on the failed CDCR system. Please consider all of our pleas to correct this system by placing the CDCR under complete federal receivership before it is too late.
Sincerely,
Carol Leonard
http://www.groups. yahoo.com/ group/PrisonMovement
Prison Reform is NOT soft on crime
Tuesday, October 31, 2006
PROCLAMATION - STATE OF EMERGENCY IN CDCR
PROCLAMATION
10/04/2006
cc
PROCLAMATION
by the
Governor of the State of California
WHEREAS, the California Department of Corrections and Rehabilitation (CDCR) is required by California law to house inmates committed to state prison; and
WHEREAS, various trends and factors, including population increases, parole policies, sentencing laws, and recidivism rates have created circumstances in which the CDCR is now required to house a record number of inmates in the CDCR prison system, making the CDCR prison system the largest state correctional system in the United States, with a total inmate population currently at an all-time high of more than 170,000 inmates; and
WHEREAS, due to the record number of inmates currently housed in prison in California, all 33 CDCR prisons are now at or above maximum operational capacity, and 29 of the prisons are so overcrowded that the CDCR is required to house more than 15,000 inmates in conditions that pose substantial safety risks, namely, prison areas never designed or intended for inmate housing, including, but not limited to, common areas such as prison gymnasiums, dayrooms, and program rooms, with approximately 1,500 inmates sleeping in triple-bunks; and
WHEREAS, the current severe overcrowding in 29 CDCR prisons has caused substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed in them, because:
With so many inmates housed in large common areas, there is an increased, substantial risk of violence, and greater difficulty controlling large inmate populations.
With large numbers of inmates housed together in triple-bunks, there is an increased, substantial risk for transmission of infectious illnesses.
The triple-bunks and tight quarters create line-of-sight problems for correctional officers by blocking views, creating an increased, substantial security risk.
WHEREAS, the current severe overcrowding in these 29 prisons has also overwhelmed the electrical systems and/or wastewater/sewer systems, because those systems are now often required to operate at or above the maximum intended capacity, resulting in an increased, substantial risk to the health and safety of CDCR staff, inmates, and the public, because:
Overloading the prison electrical systems has resulted in power failures and blackouts within the prisons, creating increased security threats. It has also damaged fuses and transformers.
Overloading the prison sewage and wastewater systems has resulted in the discharge of waste beyond treatment capacity, resulting in thousands of gallons of sewage spills and environmental contamination.
And when the prisons “overdischarge” waste, bacteria can contaminate the drinking water supply, putting the public’s health at an increased, substantial risk.
WHEREAS, overloading the prison sewage and water systems has resulted in increased, substantial risk of damage to state and privately owned property and has resulted in multiple fines, penalties and/or notices of violations to the CDCR related to wastewater/sewer system overloading such as groundwater contamination and environmental pollution; and
WHEREAS, overcrowding causes harm to people and property, leads to inmate unrest and misconduct, reduces or eliminates programs, and increases recidivism as shown within this state and in others; and
WHEREAS, in addition to all of the above, in the 29 prisons with severe overcrowding, the following circumstances exist:
Avenal State Prison has an operational housing capacity of 5,768 inmates, but it currently houses 7,422 inmates, with 1,654 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 64 incidents of assault/battery by inmates — 31 of them against CDCR staff — along with 15 riots/melees, and 27 weapon confiscations.
The California Correctional Center has an operational housing capacity of 5,724 inmates, but it currently houses 6,174 inmates, with 450 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 128 incidents of assault/battery by inmates — 16 of them against CDCR staff — along with 34 riots/melees, and 21 weapon confiscations.
The California Correctional Institution has an operational housing capacity of 4,931, but it currently houses 5,702 inmates, with 771 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 125 incidents of assault/battery by inmates — 79 of them against CDCR staff — along with 5 riots/melees, and 57 weapon confiscations.
Centinela State Prison has an operational housing capacity of 4,368, but it currently houses 4,956 inmates, with 588 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 141 incidents of assault/battery by inmates — 30 of them against CDCR staff — along with 10 riots/melees, and 151 weapon confiscations.
The California Institution for Men has an operational housing capacity of 5,372, but it currently houses 6,615 inmates, with 1,243 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 170 incidents of assault/battery by inmates — 57 of them against CDCR staff — along with 21 riots/melees, and 47 weapon confiscations.
The California Institution for Women has an operational housing capacity of 2,228, but it currently houses 2,624 inmates, with 396 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 26 of them against CDCR staff — and 6 weapon confiscations.
The California Men’s Colony has an operational housing capacity of 6,294, but it currently houses 6,574 inmates, with 280 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 151 incidents of assault/battery by inmates — 33 of them against CDCR staff — along with 11 riots/melees, and 29 weapon confiscations.
The California State Prison at Corcoran has an operational housing capacity of 4,954, but it currently houses 5,317 inmates, with 363 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 147 incidents of assault/battery by inmates — 58 of them against CDCR staff — along with 5 riots/melees, and 111 weapon confiscations.
The California Rehabilitation Center has an operational housing capacity of 4,660, but it currently houses 4,856 inmates, with 196 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 28 of them against CDCR staff — 9 riots/melees, and 34 weapon confiscations.
The Correctional Training Facility has an operational housing capacity of 6,157, but it currently houses 7,027 inmates, with 870 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 85 incidents of assault/battery by inmates — 26 of them against CDCR staff — along with 9 riots/melees, and 27 weapon confiscations.
Chuckawalla Valley State Prison has an operational housing capacity of 3,443, but it currently houses 4,292 inmates, with 849 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 50 incidents of assault/battery by inmates — 11 of them against CDCR staff — along with 5 riots/melees, and 21 weapon confiscations.
Deuel Vocational Institution has an operational housing capacity of 3,115, but it currently houses 3,911 inmates, with 796 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 114 incidents of assault/battery by inmates — 54 of them against CDCR staff — along with 7 riots/melees, and 37 weapon confiscations.
High Desert State Prison has an operational housing capacity of 4,346, but it currently houses 4,706 inmates, with 360 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 351 incidents of assault/battery by inmates — 44 of them against CDCR staff — along with 6 riots/melees, and 289 weapon confiscations.
Ironwood State Prison has an operational housing capacity of 4,185, but it currently houses 4,665 inmates, with 480 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 96 incidents of assault/battery by inmates — 19 of them against CDCR staff — along with 14 riots/melees, and 52 weapon confiscations.
Kern Valley State Prison has an operational housing capacity of 4,566, but it currently houses 4,686 inmates, with 120 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 146 incidents of assault/battery by inmates — 60 of them against CDCR staff — along with 10 riots/melees, and 46 weapon confiscations.
TheCalifornia State Prison at Los Angeles has an operational housing capacity of 4,230, but it currently houses 4,698 inmates, with 468 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 211 incidents of assault/battery by inmates — 123 of them against CDCR staff — along with 4 riots/melees, and 101 weapon confiscations.
Mule Creek State Prison has an operational housing capacity of 3,197, but it currently houses 3,929 inmates, with 732 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 35 of them against CDCR staff — along with 1 riot/melee, and 28 weapon confiscations.
North Kern State Prison has an operational housing capacity of 5,189, but it currently houses 5,365 inmates, with 176 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 135 incidents of assault/battery by inmates — 43 of them against CDCR staff — along with 16 riots/melees, and 70 weapon confiscations.
Pelican Bay State Prison has an operational housing capacity of 3,444, but it currently houses 3,604 inmates, with 160 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 256 incidents of assault/battery by inmates — 88 of them against CDCR staff — along with 9 riots/melees, and 106 weapon confiscations.
Pleasant Valley State Prison has an operational housing capacity of 4,368, but it currently houses 5,112 inmates, with 744 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 205 incidents of assault/battery by inmates — 59 of them against CDCR staff — along with 12 riots/melees, and 26 weapon confiscations.
The Richard J. Donovan Correctional Facility has an operational housing capacity of 4,120, but it currently houses 4,720 inmates, with 600 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 244 incidents of assault/battery by inmates — 118 of them against CDCR staff — along with 11 riots/melees, and 96 weapon confiscations.
The California State Prison at Sacramento has an operational housing capacity of 2,973, but it currently houses 3,213 inmates, with 240 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 264 incidents of assault/battery by inmates — 159 of them against CDCR staff — along with 5 riots/melees, and 118 weapon confiscations.
The California Substance Abuse Treatment Facility and State Prison at Corcoran has an operational housing capacity of 6,360, but it currently houses 7,593 inmates, with 1,233 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 120 incidents of assault/battery by inmates — 53 of them against CDCR staff — along with 20 riots/melees, and 124 weapon confiscations.
The Sierra Conservation Center has an operational housing capacity of 5,657, but it currently houses 6,107 inmates, with 450 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 61 incidents of assault/battery by inmates — 18 of them against CDCR staff — along with 19 riots/melees, and 50 weapon confiscations.
The California State Prison at Solano has an operational housing capacity of 5,070, but it currently houses 5,858 inmates, with 788 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 60 incidents of assault/battery by inmates — 26 of them against CDCR staff — along with 4 riots/melees, and 114 weapon confiscations.
San Quentin State Prison has an operational housing capacity of 4,933, but it currently houses 5,183 inmates, with 287 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 262 incidents of assault/battery by inmates — 123 of them against CDCR staff — along with 15 riots/melees, and 118 weapon confiscations.
Salinas Valley State Prison has an operational housing capacity of 4,200, but it currently houses 4,680 inmates, with 480 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 181 incidents of assault/battery by inmates — 82 of them against CDCR staff — along with 7 riots/melees, and 91 weapon confiscations.
Valley State Prison for Women has an operational housing capacity of 3,902, but it currently houses 3,958 inmates, with 56 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 125 incidents of assault/battery by inmates — 75 of them against CDCR staff — and 15 weapon confiscations.
Wasco State Prison has an operational housing capacity of 5,838, but it currently houses 6,098 inmates, with 260 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 226 incidents of assault/battery by inmates — 97 of them against CDCR staff — along with 32 riots/melees, and 82 weapon confiscations.
WHEREAS, some of these 29 severely overcrowded prisons may even be housing more inmates, because the inmate population continually fluctuates among the CDCR prisons; and
WHEREAS, in addition to the 1,671 incidents of violence perpetrated in these 29 severely overcrowded prisons by inmates against CDCR staff last year, and the 2,642 incidents of violence perpetrated in these prisons on inmates by other inmates in the last year, the suicide rate in these 29 prisons is approaching an average of one per week; and
WHEREAS, the federal court in the Coleman case found mental-health care in CDCR prisons to be below federal constitutional standards due in part to the lack of appropriate beds and space; and
WHEREAS, the use of common areas for inmate housing has severely modified or eliminated certain inmate programs in the 29 prisons with severe overcrowding; and
WHEREAS, the severe overcrowding has also substantially limited or restricted inmate movement, causing significantly reduced inmate attendance in academic, vocational, and rehabilitation programs; and
WHEREAS, overcrowded prisons in other states have experienced some of the deadliest prison riots in American history, including:
In 1971, the nation’s deadliest prison riot occurred in Attica, New York, resulting in the death of 43 people. On the day of this riot, the prison — which was built for 1600 — housed approximately 2,300 inmates.
In 1981, a riot occurred in the New Mexico State Penitentiary. More than 30 inmates were killed, more than 100 people were injured, and 12 officers were taken hostage, some of whom were beaten, sexually assaulted, and/or raped. On the day of this riot, the prison — which was built for 900 — housed approximately 1,136 inmates.
In 1993, a riot occurred in Lucasville, Ohio. One officer was murdered, four officers were seriously injured, and nine inmates were killed. On the day of this riot, the prison — which was built for 1600 — housed approximately 2,300 inmates.
WHEREAS, I believe immediate action is necessary to prevent death and harm caused by California’s severe prison overcrowding; and
WHEREAS, because of the housing shortage in CDCR prisons, the CDCR has current contracts with four California counties to house 2,352 additional state inmates in local adult jails, but this creates the following overcrowding problem in the county jails:
According to a report by the California State Sheriffs’ Association in June 2006, adult jails recently averaged a daily population of approximately 80,000 inmates. On a typical day, the county jails lacked space for more than 4,900 inmates across the state.
Based on the same report, 20 of California’s 58 counties have court-imposed population caps resulting from litigation brought by or on behalf of inmates in crowded jails and another 12 counties have self-imposed caps.
Most of California’s jail population consists of felony inmates, but when county jails are full, someone in custody must be released before a new inmate can be admitted.
The 2006 Sheriffs’ Association report states that last year, 233,388 individuals statewide avoided incarceration or were released early into local communities because of the lack of jail space.
WHEREAS, overcrowding conditions are projected to get even worse in the coming year, to the point that the CDCR expects to run out of all common area space to house prisoners in mid-2007, and will be unable to receive any new inmates; and
WHEREAS, in January 2006, I proposed $6 billion in the Strategic Growth Plan to help manage inmate population at all levels of government by increasing the number of available local jail beds and providing for two new prisons and space for 83,000 prisoners to address California’s current and future incarceration needs; and
WHEREAS, the California Legislature failed to act upon this proposal; and
WHEREAS, in March 2006, a proposal was submitted as part of my 2006-07 budget to enable the CDCR to contract for a total of 8,500 beds in community correctional facilities within the state; and
WHEREAS, the California Legislature denied this proposal; and
WHEREAS, on June 26, 2006, I issued a proclamation calling the Legislature into special session because I believed urgent action was needed to address this severe problem in California’s prisons, and I wanted to give the Legislature a further opportunity to address this crisis; and
WHEREAS, the CDCR submitted detailed proposals to the Legislature to address the immediate and longer-term needs of the prison system in an effort resolve the overcrowding crisis; and
WHEREAS, the California Legislature failed to adopt the proposals submitted by the CDCR, and also failed to adopt any proposals of its own; and
WHEREAS, in response, my office directed the CDCR to conduct a survey of certain inmates in California’s general population to determine how many might voluntarily transfer to out-of-state correctional facilities; and
WHEREAS, the CDCR reports that more than 19,000 inmates expressed interest in voluntarily transferring to a correctional facility outside of California; and
WHEREAS, the overcrowding crisis gets worse with each passing day, creating an emergency in the California prison system.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in light of the aforementioned, find that conditions of extreme peril to the safety of persons and property exist in the 29 CDCR prisons identified above, due to severe overcrowding, and that the magnitude of the circumstances exceeds the capabilities of the services, personnel, equipment, and facilities of any geographical area in this state. Additionally, the counties within the state are harmed by this situation, as the inability to appropriately house inmates directly impacts local jail capacity and the early release of felons. This crisis spans the eastern, western, northern, and southern parts of the state and compromises the public’s safety, and I find that local authority is inadequate to cope with the emergency. Accordingly, under the authority of the California Emergency Services Act, set forth at Title 2, Division 1, Chapter 7 of the California Government Code, commencing with section 8550, I hereby proclaim that a State of Emergency exists within the State of California’s prison system.
Pursuant to this proclamation:
I. The CDCR shall, consistent with state law and as deemed appropriate by the CDCR Secretary for the sole purpose of immediately mitigating the severe overcrowding in these 29 prisons and the resulting impacts within California, immediately contract for out-of-state correctional facilities to effectuate voluntary transfers of California prison inmates to facilities outside of this state for incarceration consisting of constitutionally adequate housing, care, and programming.
II. The CDCR Secretary shall, after exhausting all possibilities for voluntary transfers of inmates, and in compliance with the Interstate Corrections Compact and the Western Interstate Corrections Compact, and as he deems necessary and appropriate to mitigate this emergency, effectuate involuntary transfers of California prison inmates, based on criteria set forth below, to institutions in other states and those of the federal government for incarceration consisting of constitutionally adequate housing, care, and programming. In such instance, because strict compliance with California Penal Code sections 11191 and 2911 would prevent, hinder, or delay the mitigation of the severe overcrowding in these prisons, applicable provisions of these statutes are suspended to the extent necessary to enable the CDCR to transfer adult inmates, sentenced under California law, to institutions in other states and those of the federal government without consent. This suspension is limited to the scope and duration of this emergency.
A. The CDCR Secretary shall prioritize for involuntary transfer the inmates who meet the following criteria:
1. Inmates who: (a) have been previously deported by the federal government and are criminal aliens subject to immediate deportation; or (b) have committed an aggravated felony as defined by federal statute and are subject to deportation.
2. Inmates who are paroling outside of California.
3. Inmates who have limited or no family or supportive ties in California based on visitation records and/or other information deemed relevant and appropriate by the CDCR Secretary.
4. Inmates who have family or supportive ties in a transfer state.
5. Other inmates as deemed appropriate by the CDCR Secretary.
B. No person under commitment to the Division of Juvenile Justice may be considered for such transfer.
III. The CDCR Secretary shall, before selecting any inmate for transfer who has individual medical and/or mental-health needs, consult with the court-appointed Receiver of the CDCR medical system and/or the court-assigned Special Master in the Coleman mental-health case, depending on the healthcare needs of the inmate, to determine whether a transfer would be appropriate.
IV. The CDCR Secretary shall, before effectuating any inmate transfer, carefully and thoroughly evaluate all appropriate factors, including, but not limited to, the cost-effectiveness of any such transfer and whether an inmate selected for transfer has any pending appeals or hearings that may be impacted by such transfer.
V. The CDCR shall, as deemed appropriate by the CDCR Secretary, contract for facility space, inmate transportation, inmate screening, the services of qualified personnel, and/or for the supplies, materials, equipment, and other services needed to immediately mitigate the severe overcrowding and the resulting impacts within California. Because strict compliance with the provisions of the Government Code and the Public Contract Code applicable to state contracts would prevent, hinder, or delay the mitigation of the severe overcrowding in these prisons, applicable provisions of these statutes, including, but not limited to, advertising and competitive bidding requirements, are suspended to the extent necessary to enable the CDCR to enter into such contracts as expeditiously as possible. This suspension is limited to the scope and duration of this emergency.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of October 2006.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
BRUCE McPHERSON
Secretary of State
10/04/2006
cc
PROCLAMATION
by the
Governor of the State of California
WHEREAS, the California Department of Corrections and Rehabilitation (CDCR) is required by California law to house inmates committed to state prison; and
WHEREAS, various trends and factors, including population increases, parole policies, sentencing laws, and recidivism rates have created circumstances in which the CDCR is now required to house a record number of inmates in the CDCR prison system, making the CDCR prison system the largest state correctional system in the United States, with a total inmate population currently at an all-time high of more than 170,000 inmates; and
WHEREAS, due to the record number of inmates currently housed in prison in California, all 33 CDCR prisons are now at or above maximum operational capacity, and 29 of the prisons are so overcrowded that the CDCR is required to house more than 15,000 inmates in conditions that pose substantial safety risks, namely, prison areas never designed or intended for inmate housing, including, but not limited to, common areas such as prison gymnasiums, dayrooms, and program rooms, with approximately 1,500 inmates sleeping in triple-bunks; and
WHEREAS, the current severe overcrowding in 29 CDCR prisons has caused substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed in them, because:
With so many inmates housed in large common areas, there is an increased, substantial risk of violence, and greater difficulty controlling large inmate populations.
With large numbers of inmates housed together in triple-bunks, there is an increased, substantial risk for transmission of infectious illnesses.
The triple-bunks and tight quarters create line-of-sight problems for correctional officers by blocking views, creating an increased, substantial security risk.
WHEREAS, the current severe overcrowding in these 29 prisons has also overwhelmed the electrical systems and/or wastewater/sewer systems, because those systems are now often required to operate at or above the maximum intended capacity, resulting in an increased, substantial risk to the health and safety of CDCR staff, inmates, and the public, because:
Overloading the prison electrical systems has resulted in power failures and blackouts within the prisons, creating increased security threats. It has also damaged fuses and transformers.
Overloading the prison sewage and wastewater systems has resulted in the discharge of waste beyond treatment capacity, resulting in thousands of gallons of sewage spills and environmental contamination.
And when the prisons “overdischarge” waste, bacteria can contaminate the drinking water supply, putting the public’s health at an increased, substantial risk.
WHEREAS, overloading the prison sewage and water systems has resulted in increased, substantial risk of damage to state and privately owned property and has resulted in multiple fines, penalties and/or notices of violations to the CDCR related to wastewater/sewer system overloading such as groundwater contamination and environmental pollution; and
WHEREAS, overcrowding causes harm to people and property, leads to inmate unrest and misconduct, reduces or eliminates programs, and increases recidivism as shown within this state and in others; and
WHEREAS, in addition to all of the above, in the 29 prisons with severe overcrowding, the following circumstances exist:
Avenal State Prison has an operational housing capacity of 5,768 inmates, but it currently houses 7,422 inmates, with 1,654 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 64 incidents of assault/battery by inmates — 31 of them against CDCR staff — along with 15 riots/melees, and 27 weapon confiscations.
The California Correctional Center has an operational housing capacity of 5,724 inmates, but it currently houses 6,174 inmates, with 450 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 128 incidents of assault/battery by inmates — 16 of them against CDCR staff — along with 34 riots/melees, and 21 weapon confiscations.
The California Correctional Institution has an operational housing capacity of 4,931, but it currently houses 5,702 inmates, with 771 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 125 incidents of assault/battery by inmates — 79 of them against CDCR staff — along with 5 riots/melees, and 57 weapon confiscations.
Centinela State Prison has an operational housing capacity of 4,368, but it currently houses 4,956 inmates, with 588 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 141 incidents of assault/battery by inmates — 30 of them against CDCR staff — along with 10 riots/melees, and 151 weapon confiscations.
The California Institution for Men has an operational housing capacity of 5,372, but it currently houses 6,615 inmates, with 1,243 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 170 incidents of assault/battery by inmates — 57 of them against CDCR staff — along with 21 riots/melees, and 47 weapon confiscations.
The California Institution for Women has an operational housing capacity of 2,228, but it currently houses 2,624 inmates, with 396 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 26 of them against CDCR staff — and 6 weapon confiscations.
The California Men’s Colony has an operational housing capacity of 6,294, but it currently houses 6,574 inmates, with 280 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 151 incidents of assault/battery by inmates — 33 of them against CDCR staff — along with 11 riots/melees, and 29 weapon confiscations.
The California State Prison at Corcoran has an operational housing capacity of 4,954, but it currently houses 5,317 inmates, with 363 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 147 incidents of assault/battery by inmates — 58 of them against CDCR staff — along with 5 riots/melees, and 111 weapon confiscations.
The California Rehabilitation Center has an operational housing capacity of 4,660, but it currently houses 4,856 inmates, with 196 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 28 of them against CDCR staff — 9 riots/melees, and 34 weapon confiscations.
The Correctional Training Facility has an operational housing capacity of 6,157, but it currently houses 7,027 inmates, with 870 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 85 incidents of assault/battery by inmates — 26 of them against CDCR staff — along with 9 riots/melees, and 27 weapon confiscations.
Chuckawalla Valley State Prison has an operational housing capacity of 3,443, but it currently houses 4,292 inmates, with 849 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 50 incidents of assault/battery by inmates — 11 of them against CDCR staff — along with 5 riots/melees, and 21 weapon confiscations.
Deuel Vocational Institution has an operational housing capacity of 3,115, but it currently houses 3,911 inmates, with 796 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 114 incidents of assault/battery by inmates — 54 of them against CDCR staff — along with 7 riots/melees, and 37 weapon confiscations.
High Desert State Prison has an operational housing capacity of 4,346, but it currently houses 4,706 inmates, with 360 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 351 incidents of assault/battery by inmates — 44 of them against CDCR staff — along with 6 riots/melees, and 289 weapon confiscations.
Ironwood State Prison has an operational housing capacity of 4,185, but it currently houses 4,665 inmates, with 480 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 96 incidents of assault/battery by inmates — 19 of them against CDCR staff — along with 14 riots/melees, and 52 weapon confiscations.
Kern Valley State Prison has an operational housing capacity of 4,566, but it currently houses 4,686 inmates, with 120 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 146 incidents of assault/battery by inmates — 60 of them against CDCR staff — along with 10 riots/melees, and 46 weapon confiscations.
TheCalifornia State Prison at Los Angeles has an operational housing capacity of 4,230, but it currently houses 4,698 inmates, with 468 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 211 incidents of assault/battery by inmates — 123 of them against CDCR staff — along with 4 riots/melees, and 101 weapon confiscations.
Mule Creek State Prison has an operational housing capacity of 3,197, but it currently houses 3,929 inmates, with 732 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 65 incidents of assault/battery by inmates — 35 of them against CDCR staff — along with 1 riot/melee, and 28 weapon confiscations.
North Kern State Prison has an operational housing capacity of 5,189, but it currently houses 5,365 inmates, with 176 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 135 incidents of assault/battery by inmates — 43 of them against CDCR staff — along with 16 riots/melees, and 70 weapon confiscations.
Pelican Bay State Prison has an operational housing capacity of 3,444, but it currently houses 3,604 inmates, with 160 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 256 incidents of assault/battery by inmates — 88 of them against CDCR staff — along with 9 riots/melees, and 106 weapon confiscations.
Pleasant Valley State Prison has an operational housing capacity of 4,368, but it currently houses 5,112 inmates, with 744 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 205 incidents of assault/battery by inmates — 59 of them against CDCR staff — along with 12 riots/melees, and 26 weapon confiscations.
The Richard J. Donovan Correctional Facility has an operational housing capacity of 4,120, but it currently houses 4,720 inmates, with 600 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 244 incidents of assault/battery by inmates — 118 of them against CDCR staff — along with 11 riots/melees, and 96 weapon confiscations.
The California State Prison at Sacramento has an operational housing capacity of 2,973, but it currently houses 3,213 inmates, with 240 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 264 incidents of assault/battery by inmates — 159 of them against CDCR staff — along with 5 riots/melees, and 118 weapon confiscations.
The California Substance Abuse Treatment Facility and State Prison at Corcoran has an operational housing capacity of 6,360, but it currently houses 7,593 inmates, with 1,233 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 120 incidents of assault/battery by inmates — 53 of them against CDCR staff — along with 20 riots/melees, and 124 weapon confiscations.
The Sierra Conservation Center has an operational housing capacity of 5,657, but it currently houses 6,107 inmates, with 450 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 61 incidents of assault/battery by inmates — 18 of them against CDCR staff — along with 19 riots/melees, and 50 weapon confiscations.
The California State Prison at Solano has an operational housing capacity of 5,070, but it currently houses 5,858 inmates, with 788 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 60 incidents of assault/battery by inmates — 26 of them against CDCR staff — along with 4 riots/melees, and 114 weapon confiscations.
San Quentin State Prison has an operational housing capacity of 4,933, but it currently houses 5,183 inmates, with 287 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 262 incidents of assault/battery by inmates — 123 of them against CDCR staff — along with 15 riots/melees, and 118 weapon confiscations.
Salinas Valley State Prison has an operational housing capacity of 4,200, but it currently houses 4,680 inmates, with 480 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 181 incidents of assault/battery by inmates — 82 of them against CDCR staff — along with 7 riots/melees, and 91 weapon confiscations.
Valley State Prison for Women has an operational housing capacity of 3,902, but it currently houses 3,958 inmates, with 56 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 125 incidents of assault/battery by inmates — 75 of them against CDCR staff — and 15 weapon confiscations.
Wasco State Prison has an operational housing capacity of 5,838, but it currently houses 6,098 inmates, with 260 inmates housed in areas designed for other purposes. At the same time, in the last year, there were 226 incidents of assault/battery by inmates — 97 of them against CDCR staff — along with 32 riots/melees, and 82 weapon confiscations.
WHEREAS, some of these 29 severely overcrowded prisons may even be housing more inmates, because the inmate population continually fluctuates among the CDCR prisons; and
WHEREAS, in addition to the 1,671 incidents of violence perpetrated in these 29 severely overcrowded prisons by inmates against CDCR staff last year, and the 2,642 incidents of violence perpetrated in these prisons on inmates by other inmates in the last year, the suicide rate in these 29 prisons is approaching an average of one per week; and
WHEREAS, the federal court in the Coleman case found mental-health care in CDCR prisons to be below federal constitutional standards due in part to the lack of appropriate beds and space; and
WHEREAS, the use of common areas for inmate housing has severely modified or eliminated certain inmate programs in the 29 prisons with severe overcrowding; and
WHEREAS, the severe overcrowding has also substantially limited or restricted inmate movement, causing significantly reduced inmate attendance in academic, vocational, and rehabilitation programs; and
WHEREAS, overcrowded prisons in other states have experienced some of the deadliest prison riots in American history, including:
In 1971, the nation’s deadliest prison riot occurred in Attica, New York, resulting in the death of 43 people. On the day of this riot, the prison — which was built for 1600 — housed approximately 2,300 inmates.
In 1981, a riot occurred in the New Mexico State Penitentiary. More than 30 inmates were killed, more than 100 people were injured, and 12 officers were taken hostage, some of whom were beaten, sexually assaulted, and/or raped. On the day of this riot, the prison — which was built for 900 — housed approximately 1,136 inmates.
In 1993, a riot occurred in Lucasville, Ohio. One officer was murdered, four officers were seriously injured, and nine inmates were killed. On the day of this riot, the prison — which was built for 1600 — housed approximately 2,300 inmates.
WHEREAS, I believe immediate action is necessary to prevent death and harm caused by California’s severe prison overcrowding; and
WHEREAS, because of the housing shortage in CDCR prisons, the CDCR has current contracts with four California counties to house 2,352 additional state inmates in local adult jails, but this creates the following overcrowding problem in the county jails:
According to a report by the California State Sheriffs’ Association in June 2006, adult jails recently averaged a daily population of approximately 80,000 inmates. On a typical day, the county jails lacked space for more than 4,900 inmates across the state.
Based on the same report, 20 of California’s 58 counties have court-imposed population caps resulting from litigation brought by or on behalf of inmates in crowded jails and another 12 counties have self-imposed caps.
Most of California’s jail population consists of felony inmates, but when county jails are full, someone in custody must be released before a new inmate can be admitted.
The 2006 Sheriffs’ Association report states that last year, 233,388 individuals statewide avoided incarceration or were released early into local communities because of the lack of jail space.
WHEREAS, overcrowding conditions are projected to get even worse in the coming year, to the point that the CDCR expects to run out of all common area space to house prisoners in mid-2007, and will be unable to receive any new inmates; and
WHEREAS, in January 2006, I proposed $6 billion in the Strategic Growth Plan to help manage inmate population at all levels of government by increasing the number of available local jail beds and providing for two new prisons and space for 83,000 prisoners to address California’s current and future incarceration needs; and
WHEREAS, the California Legislature failed to act upon this proposal; and
WHEREAS, in March 2006, a proposal was submitted as part of my 2006-07 budget to enable the CDCR to contract for a total of 8,500 beds in community correctional facilities within the state; and
WHEREAS, the California Legislature denied this proposal; and
WHEREAS, on June 26, 2006, I issued a proclamation calling the Legislature into special session because I believed urgent action was needed to address this severe problem in California’s prisons, and I wanted to give the Legislature a further opportunity to address this crisis; and
WHEREAS, the CDCR submitted detailed proposals to the Legislature to address the immediate and longer-term needs of the prison system in an effort resolve the overcrowding crisis; and
WHEREAS, the California Legislature failed to adopt the proposals submitted by the CDCR, and also failed to adopt any proposals of its own; and
WHEREAS, in response, my office directed the CDCR to conduct a survey of certain inmates in California’s general population to determine how many might voluntarily transfer to out-of-state correctional facilities; and
WHEREAS, the CDCR reports that more than 19,000 inmates expressed interest in voluntarily transferring to a correctional facility outside of California; and
WHEREAS, the overcrowding crisis gets worse with each passing day, creating an emergency in the California prison system.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in light of the aforementioned, find that conditions of extreme peril to the safety of persons and property exist in the 29 CDCR prisons identified above, due to severe overcrowding, and that the magnitude of the circumstances exceeds the capabilities of the services, personnel, equipment, and facilities of any geographical area in this state. Additionally, the counties within the state are harmed by this situation, as the inability to appropriately house inmates directly impacts local jail capacity and the early release of felons. This crisis spans the eastern, western, northern, and southern parts of the state and compromises the public’s safety, and I find that local authority is inadequate to cope with the emergency. Accordingly, under the authority of the California Emergency Services Act, set forth at Title 2, Division 1, Chapter 7 of the California Government Code, commencing with section 8550, I hereby proclaim that a State of Emergency exists within the State of California’s prison system.
Pursuant to this proclamation:
I. The CDCR shall, consistent with state law and as deemed appropriate by the CDCR Secretary for the sole purpose of immediately mitigating the severe overcrowding in these 29 prisons and the resulting impacts within California, immediately contract for out-of-state correctional facilities to effectuate voluntary transfers of California prison inmates to facilities outside of this state for incarceration consisting of constitutionally adequate housing, care, and programming.
II. The CDCR Secretary shall, after exhausting all possibilities for voluntary transfers of inmates, and in compliance with the Interstate Corrections Compact and the Western Interstate Corrections Compact, and as he deems necessary and appropriate to mitigate this emergency, effectuate involuntary transfers of California prison inmates, based on criteria set forth below, to institutions in other states and those of the federal government for incarceration consisting of constitutionally adequate housing, care, and programming. In such instance, because strict compliance with California Penal Code sections 11191 and 2911 would prevent, hinder, or delay the mitigation of the severe overcrowding in these prisons, applicable provisions of these statutes are suspended to the extent necessary to enable the CDCR to transfer adult inmates, sentenced under California law, to institutions in other states and those of the federal government without consent. This suspension is limited to the scope and duration of this emergency.
A. The CDCR Secretary shall prioritize for involuntary transfer the inmates who meet the following criteria:
1. Inmates who: (a) have been previously deported by the federal government and are criminal aliens subject to immediate deportation; or (b) have committed an aggravated felony as defined by federal statute and are subject to deportation.
2. Inmates who are paroling outside of California.
3. Inmates who have limited or no family or supportive ties in California based on visitation records and/or other information deemed relevant and appropriate by the CDCR Secretary.
4. Inmates who have family or supportive ties in a transfer state.
5. Other inmates as deemed appropriate by the CDCR Secretary.
B. No person under commitment to the Division of Juvenile Justice may be considered for such transfer.
III. The CDCR Secretary shall, before selecting any inmate for transfer who has individual medical and/or mental-health needs, consult with the court-appointed Receiver of the CDCR medical system and/or the court-assigned Special Master in the Coleman mental-health case, depending on the healthcare needs of the inmate, to determine whether a transfer would be appropriate.
IV. The CDCR Secretary shall, before effectuating any inmate transfer, carefully and thoroughly evaluate all appropriate factors, including, but not limited to, the cost-effectiveness of any such transfer and whether an inmate selected for transfer has any pending appeals or hearings that may be impacted by such transfer.
V. The CDCR shall, as deemed appropriate by the CDCR Secretary, contract for facility space, inmate transportation, inmate screening, the services of qualified personnel, and/or for the supplies, materials, equipment, and other services needed to immediately mitigate the severe overcrowding and the resulting impacts within California. Because strict compliance with the provisions of the Government Code and the Public Contract Code applicable to state contracts would prevent, hinder, or delay the mitigation of the severe overcrowding in these prisons, applicable provisions of these statutes, including, but not limited to, advertising and competitive bidding requirements, are suspended to the extent necessary to enable the CDCR to enter into such contracts as expeditiously as possible. This suspension is limited to the scope and duration of this emergency.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 4th day of October 2006.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
BRUCE McPHERSON
Secretary of State
PRISON BREAK- LIFER PAROLE'S
My name is Carl McQuillion. I was ordered released on parole by the Ninth Circuit after Governor Wilson's "no-parole" board rescinded my 1979 grant of parole 7 months after my 1994 release date expired. He reversed all of them. It took me nine years of pro se litigation before the Ninth Circuit found the rescission board had NO EVIDENCE at all to justify reversing a grant that had been given 15 years earlier and been repeatedly approved by at least 15 subsequent commissioners at Progress Hearings. I learned to be a paralegal inside, and now own and operate my own freelance service. I do exclusively lifer parole litigation for several law firms throughout California, and have been hired as a consultant by attorneys working on some of the most notorious cases. I am considered an expert in this field. I live in a nice neighborhood, work 7 days a week most of the time, have a nice little house, two cars, a new wife, and am very happy. I am considered a compassionate, honorable, and honest person, and am very respected by the lawyers who know me and the life prisoners inside. I have spoken on national radio twice, on KQED earlier this year, and often speak out on prison issues at the State capital. I keep in touch with many of the paroled lifers who are doing quite well out here, living honest lives.
I know that the parole board is ethically and morally bankrupt and populated with people paid a lot of money to deny most lifers. I know they manipulate the law to give the appearance of doing their jobs, but in reality they only let out a few to give that apparance. I know that Arnold tightened up on paroles after the Victims Rights groups, like the loudmouth Harriet Solarno, and the CCPOA held a rally in 2004 criticizing Anrold for letter 94 lifers out. He reduced that by 2/3rds, and recently, as elections drew near, he cut even that to a trickle. This is all politics, and such decisions should be made on the law, not politics, and certainly not politics warped by "mob rule" mentality.
I know that the CCPOA needs a serious RICO action taken against it for the corruption it manifests throughout the system, and for allowing and defending the incredible brutality and horrific conditions inmates suffer now.
I know that if I were the Director of Corrections with full authority I could straighten the entire system out within a years time. But the CCPOA likes the Department of Chaos the way it is. It, and its members, make lots of money the way it is.
What is needed is not deference to the CCPOA or the victims rights groups, nor to the board members themselves. The reality is that they are all breaking the laws to do what they do, and the media should understand that. And expose it. ... As long as the media and the officialdom operate with the view that the commissioners are doing an honest job, the corruption will continue unchecked. One only has to read some of the state and federal court cases to see what is going on.
Arnold is no bleeding heart. He is doing what his advisors say to do, and early on his main advisors were Pete Wilson and James Nielsen, who were responsible for the onslaught of the no-parole policy in the first place. No one can see Arnold directly who would be able to tell him the truth about all this. His advisors won't allow it.
Carl McQuillion
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| Posted on Sun, Oct. 29, 2006 |  | |
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| MERCURY NEWS SPECIAL REPORT PRISON BREAK Mercury News Locked up in a state prison cell in Tracy, Alan Mann was so excited he had to put down his newspaper when he got word that Gov. Gray Davis had been tossed from office in the historic 2003 recall election. As a convicted felon serving a life sentence for killing his best buddy in a San Jose field in 1980, Mann couldn't vote. But he had more than a passing interest in seeing Arnold Schwarzenegger replace Davis -- and it had nothing to do with traditional politics or the state's energy crisis. For Mann and the 29,000 state inmates serving life sentences for murder and other serious crimes, there was virtually no chance of parole under Davis. In fact, just months earlier, the parole board had voted to free Mann, but Davis reversed the decision. With Schwarzenegger' s election, there was renewed hope that the politics of parole could shift in California. ``Word was all over the place that Schwarzenegger had won,'' Mann says now. ``I was like `Wow. Maybe I can get a chance to get out.' '' A year later, Mann became one of the state's lucky ``lifers.'' In California's fickle parole system, prisoners serving life terms have had a much better chance of release under Schwarzenegger. A Mercury News review of the 126 cases in which Schwarzenegger paroled lifers shows that dozens of them involved the same inmates Davis rejected. To experts, it's a clear sign that a Republican governor with a ``Terminator' ' role on his résumé feels better insulated against political attack on the issue than a Democrat worried about looking soft on crime. The odds are still against convicted murderers and others serving life terms because Schwarzenegger reverses his parole board's decision to release lifers about 75 percent of the time. But he has let 126 of these inmates go free in his three years in office, while Davis paroled just nine lifers in about five years. Schwarzenegger also has nearly surpassed former Republican Gov. Pete Wilson, who allowed 132 lifer inmates to be paroled in eight years. Luck of the draw • Same set of facts, but different outcomes Lifer inmates striving for a chance to start new lives outside prison are depending on the luck of the draw from one governor to another. Mann's case is typical. Like nearly half the lifers paroled by Schwarzenegger, the facts of his case were essentially the same as when Davis had reversed his parole. The decision to free an inmate is supposed to be based on an objective set of standards, but everyone involved in the system acknowledges that the outcome partly depends on a governor's subjective view of whether an inmate still poses a risk to the community. Andrea Hoch, Schwarzenegger' s legal-affairs secretary and lead adviser on parole matters, concedes, ``It's not science. We're dealing with human beings.'' And luck. Schwarzenegger has avoided the type of Willie Horton episode that haunted former Democratic presidential nominee Michael Dukakis in his 1988 campaign. Unlike Horton, California lifers are for the most part behaving after they get out. One of them is an ordained Episcopalian priest at a church in Berkeley. Five lifers paroled by Schwarzenegger have violated parole, four of those for drug relapses, well below the recidivism rate of 60 percent for the state's overall prison population, prison figures show. Governors do not have any direct say over the thousands of parole decisions made each year in cases involving inmates eligible for parole who are not serving potential life terms. While parole has not been a major issue in the contest between Schwarzenegger and his Democratic rival, Phil Angelides, California is just one of three states that gives a governor the power to overturn a parole board's decision to release a prisoner serving a life term for crimes ranging from kidnapping to first-degree murder. And California has by far the largest such inmate population in the nation. ``This is really something that needs to be one of the most non-political things a governor does,'' said Eric George, Wilson's deputy legal-affairs secretary. ``You are dealing with a question of life and a question of liberty.'' Within months of taking office, Schwarzenegger paroled dozens of lifers, signaling that he would be different. Schwarzenegger was keenly aware of Davis' reluctance to grant parole and personally reviews each case during weekly meetings, said Peter Siggins, the governor's legal-affairs secretary until last year. ``He felt the possibility of parole meant a possibility, '' said Siggins, now a San Francisco appeals court justice. ``Not, `No way, no how, no possibility. ' '' An analysis of thousands of pages of parole hearing transcripts shows that the typical lifer inmate earning parole from Schwarzenegger was under 21 years old at the time of the crime, often a teenager, and in many instances was not the main culprit. They have usually spent at least 20 years in prison. Twenty-two of the parolees have been women, nearly every one of them arguing they committed crimes because they were battered by spouses or boyfriends. Parole experts say lifer inmates who are released generally fare better than repeat offenders who cycle through the prison system, in part because they tend to have grown into middle age behind bars and have used their time for self-improvement. Ollie Johnson • Battered woman kicks drugs, behaves herself Ollie Johnson is one such inmate. The East Palo Alto native was serving a 16-years-to- life term for stabbing her boyfriend to death in the chest with a butcher knife in 1986. She had gone through rehab for drug addiction, taken vocational courses and stayed out of trouble in prison. And she had lawyers on her side, contending that she was entitled to parole because of strong evidence her boyfriend had battered her before the crime. In 2002, the parole board recommended that she be released, over the objections of San Mateo County prosecutors, who argued that she was unfit. But Davis overturned the board. ``It was very sad for him to tell me I wasn't suitable for parole based on the past,'' Johnson says now. ``I worked hard to become the person I should have been a long time ago, before I got to prison.'' Last year, Schwarzenegger agreed. Johnson became one of about 20 female inmates who successfully argued that they had been battered at the time they killed and should be paroled. Johnson, 49, is now living in a drug-treatment home in East Palo Alto, looking for work, hoping to move out on her own and helping with a battered women's organization in San Francisco. She stays in regular touch with other female inmates who were paroled. She savors life outside prison, including frills that didn't exist two decades ago. While ordering a caramel frappuccino at Starbucks recently, she gushed to the cashier that it was only her ``second one in 21 years.'' ``I appreciate those who did open the door to me and I'm entitled to a second chance,'' Johnson said as she sipped her frappuccino. Growing caseload • Sometimes good policy takes political heat Paroling inmates serving life terms has become a more pressing issue over the past 10 to 15 years, as California has put more inmates behind bars for life than ever. Davis and Schwarzenegger have been forced to confront the issue more than their predecessors at a time when it is considered good politics to look as tough on crime as possible. And governors will continue to face unprecedented numbers of parole decisions for lifers as a generation of inmates sentenced under California's 1994 ``three strikes, you're out'' law reach parole eligibility in coming years. Davis reversed his own board's parole recommendations with such regularity that his stance was challenged to the California Supreme Court. In a crucial decision, the court in 2002 deferred to a governor's power to deny parole as long as there is some factual justification for the decision. Davis, now in a Los Angeles law firm, did not respond to interview requests for this story, but during his tenure defended his policy and the need to protect public safety. Prison and sentencing experts say Davis' approach was consistent with national trends, particularly for Democratic governors who do not want to look soft on crime. Schwarzenegger has his critics on law-and-order issues, but crime has not been a political vulnerable spot. Davis had to constantly stress his tough-on-crime credentials to offset fallout from his days as former Democratic Gov. Jerry Brown's chief of staff. ``The Democrats tend to be more cautious,'' said Marc Mauer, executive director of the Sentencing Project, a Washington, D.C., non-profit that last year studied the national increase in inmates serving life terms. ``I don't know what they are afraid of, but they are afraid.'' Angelides campaign spokesman Dan Newman criticized the governor's record, saying he has ``failed to protect the public.'' Victims' rights advocates also criticize his parole of convicted murderers. ``I know he looks like he's tough on crime, but we have a great concern about it,'' said Harriet Salarno, president of California's Crime Victims United. ``We're watching it -- we don't want one of them to explode.'' Broken pledge? • Critics want governor to parole even more Critics on the other side insist that while Schwarzenegger has been more receptive to parole than Davis, he's still too stingy. He's gone back, they say, on his early pledge to defer to the parole board in most instances. The governor has upheld about 25 percent of parole recommendations. The board has approved parole dates in more than 500 lifer cases during the Schwarzenegger administration, still a relatively small percentage of the thousands of cases it considers each year. The governor's critics also say he's playing politics by tightening his parole policy as this year's election has drawn near. Schwarzenegger permitted the parole of 72 lifers in 2004, but just 13 this year, according to parole board figures. Prisoner rights advocates say the system remains arbitrary, with many inmates rejected for parole who are little different from some who are released. They have filed court challenges. Last year, an appeals court ordered a San Mateo County man, George Scott, to be released, overruling Schwarzenegger' s decision to block parole because he failed to justify keeping Scott behind bars. Scott, in his 60s, had served 19 years for killing his wife's lover. ``I don't think there's an appreciable difference in this governor's approach -- it's still only a handful of people who get out, out of 5,000 hearings every year,'' said Keith Wattley, a lawyer for San Quentin's Prison Law Office. Hoch, Schwarzenegger' s current legal-affairs secretary, said the governor emphasizes public safety and decides each case on the facts. ``This is an area where it's totally about someone's life,'' Hoch said. ``Politics does not play a role at all.'' Alan Mann • Prototypical parolee of Schwarzenegger' s Alan Mann may not agree. But he's turned out to be the prototypical Schwarzenegger parolee. He was 20 when he got into a late-night argument with a friend over whether he ought to confront a drug dealer for owed money. Mann killed him with a sawed-off shotgun in a booze and LSD haze near San Jose's Guadalupe Creek. He was convicted of second-degree murder and sent to San Quentin to serve a 15 years to life sentence. In prison he sobered up, earned a high school degree, embraced church and set his sights on parole. Mann, now 47, expresses remorse for the killing, which he blames on the drugs and booze. ``It's something I'll never forget,'' he says. ``He was a friend of mine.'' Santa Clara County prosecutors opposed parole for Mann at hearings before the parole board. Deputy District Attorney Ron Rico, who supervises the county's lifer cases, expressed concern at a 2003 hearing about Mann's potential threat to public safety and past substance abuse problems. Rico declined to discuss Mann's parole, but had this to say generally: ``If a lifer inmate gets a date and is released, I certainly hope that the board is right,'' he said. These days Mann lives in Milpitas where he works as a yard supervisor for a company that refurbishes gas stations. Helped by an old friend from church, he had his job lined up when he left prison. He attends church, dotes on his new truck and hopes to travel to visit a brother in Idaho when he gets off probation in about three years. He makes a point of saying he doesn't drink or smoke. He understands that breaking the law now would make Gray Davis's decision to keep him in prison right and he's intent on not proving Schwarzenegger wrong. ``If I screw up and go back, they are going to say, `See?' '' Mann says. ``It's not only a bad mark on the parole board and the governor and me, it's real bad for the other lifers trying to get out. That keeps me on the straight and narrow.'' Contact Howard Mintz at hmintz@mercurynews. com or (408) 286-0236. | ||
http://www.mercuryn ews.com/mld/ mercurynews/ news/local/ crime_courts/ 15878573. htm?source= rss
Carol Leonard
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Wednesday, October 25, 2006
Suicide- the new death sentence
I urge everyone to read and take much needed action...
C. AREY
P.O Box 660
Binghamton, NY 13905-0660
cfareyx3@aol.com
October 25, 2006
After numerous letters to media, state officials and civil rights organizations, I have yet to get a response indicating that any action has been taken to investigate or publicize the daily abuse and torture occurring the Polunksy Unit in Livingston, Texas. A time has come that we, the family and friends of inmates, anti-death penalty groups and inmates housed at this unit, are crying out for your help. This issue gone ignored, swept under the rug for too long.
Recently I sent a letter to the Texas Dept. of Criminal Justice indicating what inmates at this unit describe as dehumanizing acts of excessive force. Gabriel Gonzalez, an inmate at Polunksy says, “The prisoners here release bouts of displeasure through shouts, screams, gnashing of teeth, and sounds so foreign one wonders if it’s a sign of masculinity or insanity? “ Excessive gassings, beatings, isolation, sensory deprivation, deplorable living conditions and invasion of mail privileges are just a few of the cruel and inhumane actions occurring at Polunsky. We urge you to PLEASE, take action, PLEASE expose this hidden world of that exists behind prison walls. The Texas Dept. of Criminal Justice replies to my letter stating how well they do their job, only hiring competent staff, and taking every measure to ensure safety for inmates and staff. The next day an inmate on death row, killed himself hours away from his state funded execution. Writing on the wall, “I didn’t do it” with his own blood“. The inmate was on death watch, being monitored every 15 minutes. How could this happen if the Texas DOC was doing their job as well as they claim? I will include the previous letter I have sent to media and officials, only to be ignored. Several inmates on death row at Polunksy are participating in a hunger strike to protest the conditions and abuse. The hunger strikers’ demands include better meals, cell maintenance, adequate health care and proper hygienic and laundry necessities. They are also calling for a halt to the excessive punitive measures used against death row prisoners, especially those making protests. Inmates on hunger strike are: Gabriel Gonzalez, Kenneth Foster, Steve Woods, Rob Will, Reginald Blanton and Da’mon Simpson.
As I mentioned this is yet another attempt to seek the help of the media, we desperately need your help. In 1980 Dan Rather from CBS 60 Minutes, interviewed Johnny Fort, an inmate at Union Correction facility, otherwise known as the “The Rock”. This interview led to a 3 year investigation into the lies, deception and corruption of the Florida DOC. This interview also led to the murder trial and the ultimate destruction of “The Rock” This one interview sent the employees of the Florida DOC running to cover their blood trail. The same can be done now with Texas DOC. To learn more about the conditions, the inmates involved, and what these inmates are saying go to www.drive.org, or email me at cfaeyx3@aol.com
Thank you.
Carmen Arey
Previous letter sent to media and officials:
C. AREY
P.O Box 660
Binghamton, NY 13905-0660
cfareyx3@aol.com
Dear Media:
One of the biggest denials of human rights is occurring on a daily basis in the United States. This denial of human rights is causing individuals to lose touch with their own humanity and killing them mentally and physically, isolated in tiny cages and subjected to constant acts of violence that have become as routine as breathing. Suicides, depression, gassing (sometimes to the point of suffocation), physical beatings that can cause such unbearable pain on levels one cannot imagine, and shouting that becomes piercing screams.
Imagine … being isolated 23 hours a day, no physical contact even for visits, random and unnecessary degrading strip searches where guards mock and ridicule, cell temperatures that are freezing in the winter, scorching in the summer and living in cages that leak badly when it rains.
Imagine …lack of medical care resulting in deaths of those who desperately needed it and countless inhumane and sub-human conditions.
Imagine … complete isolation resulting in Sensory Deprivation, the break down and loss of one’s senses (touch, taste, hearing, sight, and smell), resulting in hallucinations, depression, anxiety, bizarre thoughts and antisocial behavior. Sensory Deprivation has been used for psychological experiments, torture or punishment.
The Irish Government on behalf of men who had been subjected to Sensory Deprivation took a case to the European Commission on Human Rights (Ireland v. United Kingdom, 1976 Y.B. Eur. Conv. on Hum. Rts. 512, 748, 788-94 (Eur. Comm’n of Hum. Rts.)). The Commission stated that it "considered the combined use of the five methods to amount to torture"#. This consideration was overturned on appeal. In 1978 in the European Court of Human Rights (ECHR) trial "Ireland v. the United Kingdom" ruled that the five techniques "did not occasion suffering of the particular intensity and cruelty implied by the word torture ... [but] amounted to a practice of inhuman and degrading treatment", in breach of the European Convention on Human Rights.
In 1986 United Nations Special Rapporteur on Torture listed "sensory deprivation" among the techniques constituting torture. Another group, such as the Boston Center for Refugee Health and Human Rights, for example, lists sensory deprivation as a type of "mental torture"#.
This sounds like treatment that we have had of which occurred at Guantanamo Bay and other housing units for terrorist suspects. But this, of which I speak, is occurring now in the United States, in Livingston, Texas..
From the words of an inmate at the Polunsky Unit in Livingston, Texas, whom I will not name to protect him from retaliation, “ I cannot describe what goes on here except that the souls of many men here are gone; though physically alive, they are not living. Some men sink into a depression and never recover. Others become more aggressive like a tortured, beaten and starved lion. What will happen when that lion is released from his cage?”
He goes further to say, “Not long ago another man was gassed and beaten beyond recognition, all while handcuffed and shackled. The administering guards laughed as they bragged about who did the most damage. All of this “excessive force” inflicted on a man who was helpless and otherwise harmless. THIS IS BARBARIC AND MUST BE STOPPED.” The inmates on death row at the Polunsky Unit in Texas have tried to reach out for help by writing to friends and family with desperate hopes that this will get the attention of someone, anyone with the authority to stop this abuse of power.
“The prisoners here release bouts of displeasure through shouts, screams, gnashing of teeth, and sounds so foreign one wonders if it’s a sign of masculinity or insanity? “ In attempts to combat these issues of abuse and deplorable living conditions, some inmates at the Polunsky Unit along with a little help from outsiders have organized a vanguard. “Death Row Inner Communalist Vanguard Engagement” (DRIVE). The objective of “DRIVE” is to unite the Death Row community to stand in solidarity against inhumane and atrocious conditions that brutally rape our Human Rights, as well as protesting the gross ritual of human sacrifice called the Death Penalty. The inmates who have been active with this vanguard have been subjected to beatings, excessive gassings with riot control gas, stripped and left naked in freezing cells for 72 hours at a time, given less food rations, visitation denials (legal, media and personal visits), retaliatory shakedowns, property seizures, denied meals, showers, recreation and mail has been maliciously scrutinized or thrown away. One inmate says, “What goes on here is like a sick experiment to see if the will and spirits of men can be broken, which is why the system is so bent on trying to quiet and suppress our movement. We’re exposing the truth about this oppressive/ repressive system”
We do not wish to bring attention to this matter to endanger these inmates any further. Our wish and desperate plea is to bring attention to the issues of violation of human rights, physical and mental abuse, abuse of power, and unnecessary occurrences of strip searches and degrading of inmates. We urge you to investigate this matter, investigate the living conditions and disciplinary actions of inmates of the Polunsky Unit in Livingston Texas. Interview the inmates, judge for yourself what is morally right and wrong. Please help put a stop to the abusive actions of correctional officers and staff at this unit.
Sincerely,
Concerned Citizens
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