Life Support Alliance for National Lawyers Guild SF

Life Support Alliance for National Lawyers Guild - SF EXPANDING TRANSPARENCY “Those who expect to reap the blessings of freedom, must, like men, undergo the fatigues of supporting it. ” Thomas Paine "Whenever the people are well-informed, they can be trusted with their own government. " --Thomas Jefferson to Richard Price, 1789

Life Support Alliance for National Lawyers Guild - SF KNOW THE LAW • An enlightened citizenry is indispensable for the proper functioning of a republic. Selfgovernment is not possible unless the citizens are educated sufficiently to enable them to exercise oversight. • Same Guy!

Life Support Alliance for National Lawyers Guild - SF CONNECT WITH THE REALITY from: Prison Legal News • https: //www. prisonlegalnews. org/news/ • "Prison walls don't just keep prisoners from getting out, " said Alex Friedmann, managing editor of the Prison Legal News, a project of the Human Rights Defense Center. "They keep the public from looking in. One reason why our prison system is chronically overcrowded, dysfunctional and abusive is because people rarely get to see — and understand — what prisons are really like. "

Life Support Alliance for National Lawyers Guild - SF UNDERSTAND WHO IS IN CHARGE! Massive amounts of data are available at: http: // www. cdcr. ca. gov/

Life Support Alliance for National Lawyers Guild - SF These Folks make the Rules, Regs, etc.

Life Support Alliance for National Lawyers Guild - SF Expanding Transparency Use the Law, Rules & Regs. ♦ Penal Code http: //www. leginfo. ca. gov/calaw. html ♦ CCR, Title 15 *http: //www. cdcr. ca. gov/Regulations/ Adult_Operations/ -OR* http: //www. barclaysccr. com/ products/all-titles/title-15 -crime -prevention-corrections/ *Law Library ♦ D. O. M. *http: //www. cdcr. ca. gov/Regulations/ Adult_Operations/ ♦ D. O. M. Supp *Inmate Law Library ♦ OPERATING PROCEDURES *Inmate Law Library

Life Support Alliance for National Lawyers Guild - SF Expanding Transparency Obtaining Records From CDCR http: //www. cdcr. ca. gov/Regulations/ Adult_Operations/NCDOM_2014. html#NCDOM 14 -06

Life Support Alliance for National Lawyers Guild - SF INMATES RIGHTS TO SHARE HEALTH INFORMATION ♦ Understand the Privacy Limits of HIPAA. ♦ Health Insurance Portability & Accountability Act of 1996 45 CFR 160 et seq ♦ http: //www. hhs. gov/ocr/privacy/ hipaa/administrative/privacyrule/ ♦ CDCR Form 7385 (Rev. 8/14) ♦ Get a Copy !!! See also, BLOG http: //prisontalk. com/forums/showth read. php? t=491314

Life Support Alliance for National Lawyers Guild - SF INMATES RIGHTS TO MEDICAL DECISIONS • “While CDCR From 7421 Advance Directive for Health Care is a preferred method for CDCR patientinmates to communicate their wishes, other documentation provided by patient-inmates or their surrogates, is able to be validated, will be honored. ” ♦ DURABLE MEDICAL POWER OF ATTORNEY a/k/a ADVANCE DIRECTIVE ♦ CDCR From 7421 see, http: //vsp-ifc. com/? page_id=421 English & Spanish ♦ Compare: Probate Code § 4701 See, ag. ca. gov/consumers/pdf/AHCDS 1. pdf ♦ http: //www. cphcs. ca. gov/imspp. aspx Then see Volume 1, Chap 17 ♦ Copies | Notary? | Bunk-mate Notification

Life Support Alliance for National Lawyers Guild - SF INMATES RIGHTS TO REVIEW THE CENTRAL-FILE “C-FILE” ♦ RIGHTS TO OBTAIN YOUR OWN RECORD OLSON REVIEW See, Olson v. Superior Court (1974) 37 Cal. App. 3 d 783 112 Cal. Rptr. 579 But see, Ochoa v. Sup. Ct. (Glasgow) 199 Cal. App 4 th 1274 (2011) ≠ Confidential File Permitted Annually & ± 6 months prior to Parole Hearing Contact Correctional Counselor Form 22 PC §§ 2081. 5, 11105 & 11140 -11143 15 CCR 3321 Confidential Information

Life Support Alliance for National Lawyers Guild - SF ON GETTING FACE-TO-FACE ♦Visiting Application CDCR Form 106 ♦ Visiting Guidelines: http: //www. cdcr. ca. gov/Visitor s/index. html ♦ See, also, DOM 54020 et seq ♦ DAI Suzan Hubbard was clear that you can bring in whatever you can mail in. However § 54020. 15 mandates “approval” ♦ DOM Article 41, § 54010. 1 et seq re: mail Page 426 of 846

Life Support Alliance for National Lawyers Guild – SF Writing To An Inmate UNU S U A L L Y S L O W P O S T A L S E R V I C E ♦ DOM rules from last slide ♦ ADDRESS REQUIREMENTS *Name, as convicted *CDC Number *Housing Location *Facililty ♦ Inmate Information – inmate Locator *http: //inmatelocator. cdcr. ca. gov/ ♦ Facility Mailing Address *http: //cdcr. ca. gov/Facilities_Locator/ index. html ♦ Confidential Mail *It Ain’t Confidential !

Life Support Alliance for National Lawyers Guild - SF Increasing Transparency Ifc-calipatria. com Ifc-cspsac. com Ifc-solano. org Isp-ifc. com sanquentin. org vsp. com vspw. com csp-lac has Facebook Page On Inmate Family Council ♦ MISSION STATEMENT: The CDCR and the representatives of families of the incarcerated are jointly committed to work together to support connections between inmates and their families through improved communication, shared information, issue identification, and problem resolution. ♦ SCOPE: The scope of the work of the IFC shall encompass local institutional issues regarding the application of rules, regulations policies, and practices that affect inmate-family relationships Article II, IFC By-Laws

Life Support Alliance for National Lawyers Guild - SF INCREASING TRANSPARENCY AS AN IWF STAKEHOLDER ♦ INMATE WELFARE FUND: IFC generally gets to be a stakeholder in meetings with MAC/WAC & Staff concerning the uses of the Inmate Welfare Fund. ♦ AUTHORITY: PC § 5006 Senate Bill 542 (2011 -2012) But see Assembly Bill 1468 ♦ AUDIT REPORTS http: //www. dof. ca. gov/osae/audit_reports / Scan down to July 2014 TO GET DEEPER: AB 105 Recidivism Reduction Fund ± 315 Million to BSCC

Life Support Alliance for National Lawyers Guild - SF Increasing Transparency ♦STATEWIDE INMATE FAMILY COUNCIL ♦SCOPE: Problems of a systemic nature, rather than an issue at a single institution. ♦ Currently organizing to take on the task of providing training for the [wishfully!] 34 separate institutional IFCs. Sample Issues: *Medi-Cal Eligibility *The Phone Contract with GTL *The Vending Contracts with DOR *Eliminating the wait on negotiable instruments submitted to inmate trust accounts * Social Security Enrollment

Life Support Alliance for National Lawyers Guild - SF LIFER PAROLE SCENARIO Commissioner http: //www. cdcr. ca. gov/BOPH/ commissioners. html Deputy Commissioner http: //www. cdcr. ca. gov/BOPH/ deputy_commissioners. html Armed Guard Inmate’s Attorney http: //www. cdcr. ca. gov/BOPH/ Attorney_Resources/Application. html Deputy District Attorney Penal Code § 3041. 7. Victim or Next of Kin http: //www. cdcr. ca. gov/BOPH/ marsys_law. html

Life Support Alliance for National Lawyers Guild - SF LIFER PAROLE AGENDA ♦ Who’s Who for the record ♦ Administrative Issues A. D. A. Life Crime Personal/Family History Insight Causative Factors Internal / External Remorse ♦ Post-Conviction Education, Training, Chronos Support Letters ♦ Parole Plans Housing/Employment/Anti-Relapse Psychological Evaluation ♦ D. D. A. ♦ Inmate’s Statement ♦ Inmate Attorney ♦ VNOK ♦ Adjourn to Deliberate ♦ Decision

Life Support Alliance for National Lawyers Guild - SF LIFER PAROLE SUPPORT LETTERS Housing Transitional Housing Employment Transportation Church Support Anti-relapse Support [AA, NA, other] Familial Supplemental Financial Assistance Veteran’s Assistance ? ? ? ¿¿¿¿¿¿¿ Amici on issues like Diminished Culpability of Youthful Offender over 18 at time of crime

Life Support Alliance for National Lawyers Guild - SF LIFER PAROLE Variations SB 260 – JLWOP Diminished Culpability Elder Parole > 60 yrs & 25 Down Medical Parole See, PC § 3550 Alternative Custody By Declaration dated May 12, 2013, Ms. Shaffer indicated that parole grants were as follows: 2000→ 52, 2008→ 293, 2012→ 670, and 2013 was on pace to exceed the last year’s grant total.

Life Support Alliance for National Lawyers Guild - SF ALTERNATIVES TO LIFER PAROLE COURT VARIATIONS PROP 36 ♦Allows three strikes conviction to be re-sentenced is 3 rd strike was nonviolent … ♦ see also, https: //www. law. stanford. edu/organi zations/programs-andcenters/stanford-three-strikesproject/proposition-36 -progressreport SB 9 Allows those convicted as juveniles to LWOP sentences to seek resentencing. Down 15 | ≠ Torture | ≠ Cop Victim http: //www. cdcr. ca. gov/Victim_Servic es/index. html

Life Support Alliance for National Lawyers Guild - SF ALTERNATIVES TO LIFER PAROLE GOING TO THE GOVERNOR CLEMENCY REPRIEVES, PARDONS AND COMMUTATIONS Penal Code § 4800 et seq But know: Mostly routed back to BPH for investigation and recommendation. See also, www. mcgeorge. edu/. . . /MLR 44312 Pen al. Master

Life Support Alliance for National Lawyers Guild - SF ALTERNATIVES TO LIFER PAROLE ALTERNATIVE CUSTODY Initially undertaken as female offender program for women with dependent children SB 1266 (2010) Now includes step-down facilities like Mesa Verde [for women] http: //www. cdcr. ca. gov/Parole/ ACP. html Non-serious, non-violent offenders as defined by Penal Code (PC) 1192. 7(c) and 667. 5(c), and non-sex offenders may be permitted to serve the remainder of their sentences in a residential home, a nonprofit residential drug-treatment program, or a transitional-care facility that offers individualized services based on an inmate’s needs. The program focuses on reuniting low-level inmates with their families and reintegrating them back into their community.

Life Support Alliance for National Lawyers Guild - SF Expanding Transparency Through the Legislature http: //findyourrep. legislature. ca. gov/ http: //libguides. law. ucla. edu/callegislativeadvocacy Who is you Senator Who is the District Director Who is the Legislative Rep Who is the Field Rep Which staffer deals w/ Public Safety or Budget Who is your Assemblyman Smaller, but similar staffing pattern http: //bolderadvocacy. org/tools-for-effectiveadvocacy/toolkits/california-resources BILLS: http: //www. leginfo. ca. gov/guide. html Legislative History http: //librarysource. uchastings. edu/sp/subjects/guide. php? subject=cal-leg-history Learn to use the County or law school law library

Life Support Alliance for National Lawyers Guild - SF Nearing & After Release On Parole PRISON LAW OFFICE General Delivery, San Quentin CA 94964 Telephone (510) 280 -2621 Fax (510) 280 -2704 www. prisonlaw. com Parolee Rights Handbook (2013) By: Prison Law Office www. prisonlaw. com/pdfs/Parolee Manual, Aug 2013. pdf http: //www. cdcr. ca. gov/Parole/P arolee_Handbook/Index. html Rehabilitation Today http: //www. cdcr. ca. gov/rehabilit ation/newsletters. html DAPO http: //www. cdcr. ca. gov/Parole/

Life Support Alliance for National Lawyers Guild - SF SERVICES PROVIDED BY LSA And LSA-EF California Lifer Newsletter Lifer-Line After*Lifer Family Seminars Inmate Family Council Workshops CDCR/DRP: Director’s Stakeholder Advisory Group http: //www. lifesupportalliance. org/contact. html

Life Support Alliance for National Lawyers Guild - SF So let’s start with a question ! Else, The End.