Oct-Nov 2015 Vol. 7, Issue 5
Published by Sentencing and Justice Reform Advocacy, a Non-Profit 501c(3) organization, all donations tax-deductible, EIN 90-0617754 P.O. Box 71, Olivehurst, CA 95961 530-329-8566 [email protected] www.SJRA1.com Printing provided by Carole Urie, Returning Home Foundation, Laguna Beach, CA 92651
By Andrea Roth FULPHVODEHOHG³GDQJHURXV´RU³YLROHQW´XQGHU can be guilty of the first-degree murders of Assistant Professor most criminal codes. A heroin-addicted war higher-up drug dealers in their operation, so UC Berkeley School of Law veteran who enters a house garage to steal long as those murders were foreseeable and in some tools to feed his drug habit has commit- furtherance of the operation, under broad theo- President Obama took a laudable step in ted a first-GHJUHH EXUJODU\ D ³YLROHQW´ FULPH ULHV RI ³FR-FRQVSLUDWRU´ OLDELOLW\ 8QGHU WKH July by granting clemency to 46 people con- under many state codes. A drug-motivated felony murder rule, a person committing a victed of non-violent drug offenses and using unarmed robbery in which the offender pushes robbery, even if unarmed, is guilty of first- his bully pulpit to decry mass incarceration in the victim, takes cash from his wallet, and GHJUHH PXUGHU LQ PDQ\ VWDWHV LI VRPHRQH¶V WKH 8QLWHG 6WDWHV 7KH 3UHVLGHQW¶V KLVWRULF UXQVDZD\LVDOVRD³YLROHQW´FULPHXQGHUPRVW death can be causally linked to the felony, move comes on the heels of important scholar- state laws. Any person with a felony who even even if the death was purely accidental. And ship ± VXFK DV 0LFKHOOH $OH[DQGHU¶V FHOH SRVVHVVHVDILUHDUPLVJXLOW\RID³GDQJHURXV´ with a prior conviction for any felony, how- brated book The New Jim Crow describing the federal offense, and a person who has a fire- ever low-level, many violent offenses absent role of the War on Drugs in contributing to arm in his house while engaging in a drug physical injury to the victim, such as unarmed our bloated and racially disparate imprison- deal, intending to exercise control over the robbery, carry significant mandatory time in ment rates. The growing recognition across ILUHDUPKDVFRPPLWWHGD³FULPHRIYLROHQFH´ prison and maximum sentences up to forty or the political spectrum that American criminal under the federal sentencing guidelines. In more years. courts punish non-violent drug offenses in a VKRUW³YLROHQWFULPH´LVDOHJDOO\ FRQVWUXFWHG These are serious acts that deserve seri- racially disproportionate and counterproduc- term that includes within its broad reach a ous punishment; serious proportion- tive way in is a good thing, and a sign of good great deal of drug-related conduct that fails to ate punishment. If we did not believe in pro- things to come, for criminal justice reform. PHHW WKH SURILOH RI D ³YLROHQW FULPH´ DV portionality of punishment, we could simply %XW ZKLOH 2EDPD¶V IRFXV RQ FULPLQDO MXVWLFH Americans colloquially use that term. give a mandatory life sentence to anyone who reform is welcome and arguably unprece- Finally, painting non-violent drug offend- has done something violent. Most Americans dented, rhetoric suggesting that we can curtail ers as a special group deserving of leniency agree that result would be irrational, immoral, mass incarceration through leniency only to- obscures the fact that even offenders who are and counterproductive. And while our sen- ZDUG ³QRQ-YLROHQW GUXJ RIIHQGHUV´ LV IODZHG guilty of indisputably violent acts should not tencing regimes are not yet that draconian, the and counter-productive. be overcharged or sentenced to disproportion- one-way ratcheting of sentences for violent First, it obscures the fact that violent ately high prison terms. Routine overcharging offenses is moving in that general direction, crime, and not drug crime, is the primary en- and the strong-arming of guilty pleas through with no politically powerful group yet willing gine of mass incarceration in this country. use of mandatory-minimum sentences and to stop the train. We should not excuse the Economist and criminal justice scholar John repeat-offender enhancements are fixtures not irrational and counterproductive over- Pfaff of Fordham Law School, using numbers merely of drug prosecutions, but of all prose- punishment of violent offenders simply be- from the National Prisoner Statistics database, cutions in the modern tough-on-crime era cause they have done something violent. has shown that between 1980 and 2009, the where politicians can score easy political While we celebrate the bipartisan move- increase in drug prosecutions accounted for points ± without meaningfully combating ment to reform drug sentences, we should not only 21% of growth in state prison popula- crime ± by proposing gratuitous increases in DOORZ RXU UKHWRULF DERXW ³QRQ-violent drug tions, while the increase in incarcerated vio- punishment for violent offenses. In Washing- RIIHQGHUV´ WR GLVWUDFW XV IURP WKH VLPXOWDQH lent offenders during that period accounted for ton, D.C., an eighteen year old with a pocket ous imperative to reform our approach to vio- over half of overall prison population growth. knife who tells a victim to get out of his car, lent offenses. Addressing the over-punishment Meanwhile, huge racial disparities also exist and then takes the car for a quick ride, faces a and racially disparate treatment of violent in violent crime prosecution rates. If we want PDQGDWRU\ ILIWHHQ \HDUV LQ SULVRQ IRU ³DUPHG offenders is a necessary step toward reining in to significantly reduce the number of people in FDUMDFNLQJ´ ,Q &DOLIRUQLD HYHQ DIWHU UHFHQW this country's bloated prison system. The American prisons, while also decreasing the reforms to its three-strikes law, an offender sooner lawmakers and reformers come to racial disparities in our prison population, we who takes a car from a driver by verbal terms with that uncomfortable truth, the cannot focus solely, or even primarily, on non- ³WKUHDW´ HYHQ LI XQDUPHG ZRXOG UHFHLYH D sooner America can move beyond the scourge violent drug offenses. mandatory life sentence if he had two prior of mass incarceration. Second, rhetoric treating non-violent convictions for serious felonies, which could drug offenders as qualitatively different from include, for example, dealing drugs to minors Andrea Roth is an Assistant Professor at UC other offenders belies the non-violent drug- (essentially, dealing drugs) or burglary of a Berkeley School of Law who teaches and related motives and conduct underlying many garage. In most states, low-level drug mules researches criminal law.
Page 2 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2015
at New York University School of Law
Senate Bill No. 261
CHAPTER 471 California Budget $KHDGRIODVWZHHN¶V'HPRFUDWLFSUHVLGHQWLDO & Policy Center debate in Des Moines, Lauren-Brooke An act to amend Sections 3051 and 4801 of and wrote for The Independent Analysis. Shared Prosperity. Eisen Inimai Chettiar the Penal Code, relating to parole. Huffington Post that candidates should get
EHKLQGD³5HYHUVH0DVV,QFDUFHUDWLRQ$FW´WR Budget · Criminal Justice · [Approved by Governor October 3, 2015. leverage the billions of dollars now spent to Filed with Secretary of State November 2015 · By Scott Graves subsidize mass incarceration to instead boost October 3, 2015.] state efforts to reduce prison populations In recent years, California has made signifi- while maintaining public safety. Vox called /(*,6/$7,9(&2816(/¶6',*(67 cant progress in reducing the number of people WKH SURSRVDO ³HVVHQWLDOO\ WKH UHYHUVH RI >WKH involved with the state correctional system. 1994 crime bill]: The proposal provides finan- SB 261, Hancock. Youth offender parole These declines resulted from criminal justice cial incentives for states to incarcerate fewer hearings. reforms adopted by state policymakers and the SHRSOHZLWKRXWLQFUHDVLQJOHYHOVRIFULPH´,Q Existing law generally requires the Board voters following a 2009 federal court order Congress, a bipartisan criminal justice reform of Parole Hearings to conduct youth offender requiring California to reduce overcrowding in bill continues to advance. Danyelle Solo- parole hearings to consider the release of of- state prisons. mon told The Hill WKDW5HS3DXO5\DQ¶VDV fenders who committed specified crimes when cension to Speaker of the House could be a they were under 18 years of age and who were This Issue Brief examines changes in correc- ERRQWRWKHOHJLVODWLRQ ³:LWKKLVWLPHRQWKH sentenced to state prison. tions spending from the 2007-08 fiscal year ² Budget and Ways and Means committees, he This bill would instead require the Board when the numbers of incarcerated adults and is well aware of the cost burden the system of Parole Hearings to conduct a youth of- parolees peaked ² to 2015-16, which began has on the federal budget. Speaker Ryan has fender parole hearing for offenders sentenced this past July. While total corrections spending made positive comments about the need to to state prison who committed those specified as a share of the state budget is down slightly DGGUHVVWKHFULPLQDOMXVWLFHV\VWHPDQGZH¶UH crimes when they were under 23 years of age. since 2007-08, spending for adults under state H[FLWHG WR VHH PRYHPHQW´ :DWFK (LVHQ GLV The bill would require the board to complete, jurisdiction ² which comprises more than 80 cuss reform proposals on NJTV News. by July 1, 2017, all youth offender parole percent of total corrections expenditures and hearings for individuals who were sentenced includes security and operations as well as to indeterminate life terms who become enti- health care ² remains stubbornly high. tled to have their parole suitability considered at a youth offender parole hearing on the ef- Significantly ² and permanently ² reducing fective date of the bill. The bill would require corrections spending will require the state to the board to complete all youth offender pa- A new Brennan Center report analyzed 2015 take additional steps. These could include role hearings for individuals who were sen- FULPHGDWDIURPWKHQDWLRQ¶VODUJHVWFLWLHV IXUWKHUUHIRUPLQJ&DOLIRUQLD¶VVHQWHQFLQJODZV tenced to determinate terms who become enti- and found that reports of a nationwide crime particularly with an eye toward cutting the tled to have their parole suitability considered wave are unsupported. In fact, crime overall length of prison sentences. This would reduce at a youth offender parole hearing on the ef- in 2015 is projected to be about 1.5 percent the number of incarcerated adults, which fective date of the bill by July 1, 2021, and lower than last year. While murder rates are would allow the state to close one or more would require the board, for these individuals, projected to be slightly higher than in 2014, prisons and could help to lower prison health to conduct a specified consultation before July the historically low baseline for murder care spending. 1, 2017. means that a small increase in the number of The people of the State of California do murders can result in a percentage increase Read the full Issue Brief. enact as follows: that seems more troubling than it should ² http://calbudgetcenter.org/wp-content/ DQG OHQGV LWVHOI WR VKRFNLQJ KHDGOLQHV ³7KH SECTION 1. Section 3051 of the Penal uploads/Corrections-Spending-Through-the- average person in a large urban area is safer Code is amended to read: State- Budget- Since- 200708_Issue- walking on the street today than he or she 3051. (a) (1) A youth offender parole Brief_11.10.2015.pdf would have been at almost any time in the hearing is a hearing by the Board of Parole SDVW \HDUV´ ZURWH DXWKRUV Matthew Hearings for the purpose of reviewing the Friedman, Nicole Fortier, and James Cul- parole suitability of any prisoner who was len. Several cities, including Milwaukee and under 23 years of age at the time of his or her St. Louis, have unusually high murder rates controlling offense. but also share significantly lower incomes, (2) For the purposes of this section, the higher poverty rates, higher unemployment, following definitions shall apply: and falling populations compared to the na- (A) ³,QFDUFHUDWLRQ´PHDQVGHWHQWLRQLQD tional average, while showing no indication city or county jail, a local juvenile facility, a of being part of a national trend. Read more mental health facility, a Division of Juvenile at Mother Jones, The New Republic, and Vox. Justice facility, or a Department of Correc- tions and Rehabilitation facility. Brennan Center for Justice (B) ³&RQWUROOLQJ RIIHQVH´ PHDQV WKH RI at New York University of Law fense or enhancement for which any (Page 12) Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 3
vides no statistics as to "denials" vs. "grants," however it doesn't take genius to figure out why. To exhaust the 602 process, one must go By Robert H. Outman boasts, "we provide jobs for prisoners to earn through three (3) levels of appeal, before the MCSP money for their basic hygiene and dignity." matter can be brought before a legitimate civil However, most of these generous "jobs" are court, which can take an entire year. The psychological term for breaking a without pay, falling short on generosity. When " man, or animal, to total submission, or passive a prisoner is fortunate enough to land a paying Rehabilitation" in this case enhances po- resignation, is "learned helplessness"(l). Expo- job, which averages about eight cents (.08¢) larization, and with no resolution of the origi- sure to recurring negative, unpleasant, nox- an hour, that 8¢ is subject to 55% Restitution, nal problem, an emotional process of ious, and or, painful situations, in which there leaving the prisoner with .046¢ hourly dispos- "displacement of affect" takes place, where the is no possibility of escape, or avoidance, pro- able income. That 4¢ is subject to be levied frustration, aggravated by the system, is taken duces: passive resignation, depression, and a upon for: medical co-pays ($5 per doctor out on objects, or other persons. This means, host of other psychological disorders. Any visit), medical appliances (eye glasses, ortho- more punishment, psychological cuts, and competent psychologist would define inten- pedic shoes, canes, wheelchairs, crutches, etc), assurance of the cycle of indifference. tional conditioning to "learned helplessness", mail fees, and assorted other chargeable ser- as cruel and extreme. Yet, neurotic passive vices. This means, paying off chargeable ser- Case in point: resignation is endemic in prisons, passing as vices with an income of 4¢ an hour, your soul psychological cuts by "rehabilitation," or "correction." belongs to Big Brother. You have no means to buy basic hygiene items, such as deodorant, prolonged castigation:
Legislators have budgeted $14 billion, toothpaste, toothbrush, shampoo, or a cup of " and public trust, to California Department of instant coffee. But, rules and regulations de- Although, rehabilitation" is the politi- Corrections and Rehabilitation (CDCR), to mand you maintain basic hygiene: forget dig- cally correct term, punishment is the driving assure prisoners are "rehabilitated", and/or nity, or self-esteem. force. As illustrated in the well known Stan- "corrected", for return to society as productive ford [University] Prison Experiment (2), the citizens. Yet, the recidivism rate every year is Between a rock and a hard place, to ob- guard - prisoner power differential, with the staggering, with estimates up to 70%, and tain the most basic of human needs, the pris- prisoners having to be in constant submission every year, California prisons hold the nation's oner is forced to steal from the work place, to the guard, produces the intoxicating and highest records in prisoner suicides and homi- trading stolen items for deodorant, or other corrosive power of domination, paired with cides. Where the logical question should be, necessities. To survive in the system, the situational social feelings that prisoners Why?; CDCR's budget is rewarded with in- "rehabilitation" means learning how to steal. It are the enemy, can cause the most ethical person to morally disengage (3). Some guards creases, and the guards are the highest paid in doesn't take genius to know what happens to a " the world. Obviously, I'm not seeing what our man, when year after year,he has to steal to refer to themselves as state punisherV´ and do politicians are seeing; but, didn't Albert Ein- avoid punishment, yet if caught will be pun- not hesitate to say "My job is to make you mis- stein, say "Insanity, is doing the same thing ished. If the man came into CDCR's clutches erable´ Such a relationship is psychologically over again, expecting different results." Could with work place morals and ethics, it does not toxic to both prisoner and guard. However, there be insanity in maintaining this system, or take long for Big Brother to cure that. Bear in guard suicide rates are not as high, as prison- are there other methods to the madness? mind, when caught stealing, you are severely ers. punished and charged for the stolen item; It doesn't take an Albert Einstein to see, adding more burden to your debt, and more Consequently, prisoners are subject to CDCR is more driven to breaking prisoners, psychological cuts. daily arbitrary punitive actions from guards like one breaks a horse, or house breaks a dog, and prison staff, that adds to the mounting rather than "rehabilitating', nor does it take an psychological cuts; which many confuse as Case in point: "rehabilitation." Einstein, to figure out, paroling prisoners with frustration based negativity: psychological disorders is going to contribute SUMMARY: to recidivism. CDCR professes there is a fair and objec-
tive grievance system, titled "602", and all Learned helplessness, begins with men A constant flood of negativity year after grievances must be handled through this sys- year is psychologically corrosive, and is anti- being punished in a binary sense: 1) Brutally tem. The system is absolutely demonic, and long sentences abolish their liberty and ostra- quated belonging to the Middle Ages. Prison could well be defined as a circle in Dante's officials will argue that many "Rehabilitation" cize them from their communities and fami- Inferno, frustrating prisoners at the on-set, lies. 2) Then, in prison the punishment para- programs are conducted. However, (Page 4) with rejections for the slightest preparation most of these programs are not facilitated by digm brings endless psychological cuts to error/s, unreasonable time limitations, and pal- dignity, self-esteem, individuality, self- professionals. One only needs to look at recidi- pable indifference. Big Brother knows most vism rates to speak to the validity of these confidence, and continuous demoralization. prisoners are not sophisticated enough to ad- All under the guise of "rehabilitation" and programs. Vocations are offered in prisons, " dress, or remedy, the causes of initial rejections however the prison offers no statistics as to "corrections. and will give up through frustration, internaliz- how many paroling prisoners find careers in ing the negativity. With their grievance unan- those vocations. The reality is CDCR is a very Case in point: swered and unresolved, the psychological cuts costly punishment driven system that does not Cutting dignity & self-esteem: are deep. When the frustrated prisoner com- work. The beneficiaries of the system are the plains, he is told "File a 602", thereby causing civil service employees; not the prisoners, or Most prisoners are indigent with no circular negativity. society. means of support, inside or outside, and very little of CDCR's $14 billion trickles down For those who endure the first wave of Old fashion punishment and silencing allowing basic hygiene items, other than once rejections, encounter a kangaroo court style prisoners into "learned helplessness" is only a week: a bar of state soap and a razor. CDCR hearing with an assured denial -CDCR pro- making bad men worse and good (Page 4) Page 4 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2015
abuse and mental health treatment as well as job training programs, but in fact, there are &RQW¶GIURP3DJH very few educational classes in prison, and men bad. The fact is most of the individuals where they do exist, classes are limited to 20 that commit notorious and heinous crimes are or 25 participants. The majority of inmates do alumni of the current punishment driven not get to participate. To be able to get a job By Barbara Brooks prison system. Until society demands a return after prison, inmates need to have their skills on their multi-billion dollar investment in assessed so they can identify their strengths It was front-page news on July 16, 2014. "rehabilitation," notorious and heinous crimes and set achievable goals, yet that is not a part The California Death Penalty, ridden with and criminals will continue to stack up. //// RI ³UHKDELOLWDWLRQ´ 6R ZH DUH UHOHDVLQJ WKRX delays and arbitrariness, was a violation of sands of inmates who have learned in prison WKH (LJKW DPHQGPHQW¶V EDQ RQ FUXHO DQG 2 September 2015 that they cannot get better and that no one is unusual punishment. So ruled U.S. District Robert H. Outman Prisoner P-79939 going to help them succeed. In contrast, pris- Judge Cormac J. Carney, in the case of http://betweenthebars.org/blogs/895/ ons in Nordic countries such as Sweden, are Ernest Dewayne Jones, vs Kevin Chappell, designed to treat inmates as people with psy- Warden of CSP at San Quentin. ______chosocial needs to be attended to. Prison per- Judge Carney, appointed by President sonnel serve a dual role of security and social *HRUJH %XVK LQ VDLG WKDW ´&DOLIRUQLD (1) The concept of learned helplessness originates worker, balancing behavioral regulation with juries have imposed the death sentence on from animal research by Martin Seligman and preparation for re-entry into society. The phi- more than 900 individuals since 1978. Yet associates. Dogs in conditioning experiments losophy is that if you tell a person he cannot only 13 of those 900 have been executed by were given inescapable shocks that they could the State. Of the remainder, 94 have died of do nothing to avoid, soon stopped trying to JHWEHWWHUKHZRQ¶W EXWLI\RXWHOODSHUVRQKH escape, seemed to give up, and took the shocks can succeed, he will. Part of the problem in causes other than execution by the State, 39 -even when they were given the opportunity to the United States is that we have a very puni- were granted relief from their death sentence escape. Later research revealed parallels with tive society focused on inflicting punishment by the federal courts and have not been re- humans in similar inescapable stimuli flood- and pain rather than acknowledging inmates sentenced to death, and 748 are currently on ing. Parallels are also evident in clinical de- as human beings who need support to be able Death Row, having their death sentence pression: abused children & spouses, prison- to contribute to society when they have served evaluated by the courts or awaiting their exe- ers, and nursing homes. M.E.P. Seligman, their time. We need a cultural attitudinal shift FXWLRQ´)RUW\SHUFHQWRIWKHPHQDQGZRPHQ "Helplessness: On Depression, Development on death row have been there over 19 years. and Death (San Francisco: Freeman, 1975); so that an inmate is no longer seen as the D.S. Hiroto, "Loss of Control and Learned ³RWKHU´WREHIHDUHGDQGVKXQQHGEXWHQFRXU Most all are still in litigation, and they are Helplessness." Journal of Experimental Psy- aged instead to be their best self. denied at each level of review. It will take 25 chology 102 (1974) years or more to complete the process, and Maureen Murdock, Ph.D. the delays are getting longer. It is now twice (2) "Interpersonal Dynamics in a Simulated www.maureenmurdockblog.com the national average. The courts are sentenc- Prison," International Journal of Crimi-ology ing murderers to death at a rate of 1 every 3 and Penology 1 (1973) www.prisonexp.org, 1RWHIURP6-5$HGLWRU ,VKRZHG5REHUW2XWPDQ¶V weeks, yet executions are not being carried and www.zimbardo.com article to Maureen before it was published in the out. Judge Carney accused the administration
Advocate. Thanks Maureen, for writing a response RI &DOLIRUQLD¶V GHDWK SHQDOW\ DV G\VIXQF (3) "The Lucifer Effect" Understanding How WR5REHUW¶VDUWLFOH:HDSSUHFLDWH Good People Turn Evil. An in depth assess- tional, and that these periods of delay would ment of punishment driven prisons and the continue to precede any execution. (Page 15) effects of these methods. Philip Zimbardo, Random House Publishing (2007), ISBN 978- ~Advertisement~ 0-8129-7444-7
Robert Outman does an excellent job of de- VFULELQJWKHFRQFHSWRI³OHDUQHGKHOSOHVVQHVV´ and how it permeates the inmate experience while in prison. It conditions the person to disengage, give up, and expect nothing but QHJDWLYLW\DQGSXQLVKPHQWXSRQUHOHDVH+H¶V right in stating that there is no effective reha- bilitation in prison. Rehabilitation involves helping a person through education and train- ing to regain maximum self-sufficiency so that she or he can be restored to a useful life. Yet, inmates in prison are continually deprived of their dignity and self-motivation through con- trol and punishment by correction officers. Imagine, for a moment, what it would be like if all the people in your life continually told you that you were a failure.
The press tells us that in California, $14 bil- lion is being spent in prisons on substance Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 5
writings on the website www.popstheclub.com and in the first two anthologies, Ghetto By the Sea (http:// by Amy Friedman if it was okay to have a sandwich. A minute www.amazon.com/Ghetto-By-The-Sea- November 6, 2015 later, Adriana walked into the room. The girls Anthology-ebook/dp/B00XKDIDMQ) and looked at each other²WKHLUH\HVZLGH³ On March 3`d, AB971 passed the state senate by a 29 to 7 vote; and on March 7`h, on a pub- lic platform in Hollywood, Governor Wilson signed AB971. Later that same day, when the law was delivered to the Secretary of State, it became official that thereafter anyone who committed any felony and had two "serious" or "violent" felonies on their record, would be subject to the most draconian criminal sentenc- ing law of California's history! At the time this Three Strike law was en- acted in 1994, the credit provision of sections 2931 & 2933 applied to virtually every crime that carried a penalty of an indeterminate term. Lawmakers behind all five legislative versions of the three strike law assumed that a third strike could positively affect their mini- mum terms by 20 percent, and not more. Third strikers were even given official paper- work from the CDCr showing their terms calculated at 80 percent.1 And the RAND Corporation based a cost-benefits study on the effects of the Three Strikes law assuming a 20- year sentence for third strikers.2 Superior Court Judges were even calculat- ing those with indeterminate terms to get cred- its of 20 percent of the total term, which hap- pens to be "Not more than One-Fifth" of the total term. But then in 1996, a Three Striker filed for an adjustment in his credits, since thinking he deserved more than what he was getting.3 The conclusion from this California Appellate court opened a can of worms, bringing atten- tion to an area of three strike sentencing few judges ever clearly understood. This Court underscored the conflict between "summaries" and "statutes," giving defer- ence to the Statute. After that... positive By Bruce Swenson cians whipped-up hysteria for "tough on programming credits were lost to all Three CTF Soledad crime" response, despite the fact that our state Strikers forever! crime rates were actually decreasing. Gover- Then another inmate brought the question I would like to explore how it occurred that nor Pete Wilson saw this as his re-election up again, but he tried to parse out a different Three Strikers became the only cohort of pris- platform, and so then called for a special legis- issue from the previous decision.4 This time oner doomed to never receive positive pro- lative emergency session that would make, as the issue went all the way to the California gramming custody credits toward their inde- the state's first priority ... a massive passage Supreme Court. It was there that a very reluc- terminate terms of life, once placed into our of crime bills in 1994. When the state assem- tant Justice Werdeger wrote her opinion, con- California state prison system. bly began its January 1994 session it opened curring with the previous appellate court rul- It must be emphasized that as a result of this with a tribute to the memory of Kimber and ing. A nail of finality had been driven through treachery, all Three Strikers are administra- Polly; and then allowed a total of five differ- the heart of this deception without specificity tively accounted as if to be "Program Failures" ent versions of Three Strike measures into as to how it came about. But she did write an in CDCr for the entire duration of their term! consideration. These five Three Strike bills exceedingly useful remedy into her conclu- Not one shred of incentive is ever allowed to were passed by overwhelming margins in the sion. She realized there had been a departure be awarded to a Three Striker who enters the state assembly. from the lawmaker's original true intent! So system, no matter how well they may pro- On January 6th, AB971 whooshed through she put the responsibility for fixing this sen- gram. (Not even milestone credits) With no the Assembly Public Safety Committee with a tencing quagmire squarely upon the shoulders accountability for programming, how is it that 7 to 1 vote, but was ALTERED and then of the legislature. After all, it was they who a correctional system can ever claim to quan- placed into another measure, which was allowed this "failure to authorize" for cus- tify any measure of "rehabilitation," on behalf then put onto the June primary ballot. This tody credits in the first place. of this uniquely doomed group of lifers? ballot measure, by Mike Reynolds, would then In her opinion Justice Werdeger refers to By Law, custody credits of any kind are mirror the previous bill, and eventually pass as "drafting shortcomings; a need for bridging not ever allowed to be recognized for three Proposition 184. the gaps, and filling in the blanks" as she ad- strike prisoners serving indeterminate Then on March 2nd, Governor Pete Wilson mits that the California High Court must now terms of life. announced that he wanted to have the toughest resolve these conflicts. Justice Werdeger char- Opportunity for this deception sadly and most expensive Three Strikes bill sent to DFWHUL]HV WKH FRXUW¶V DFWLRQ DV IDVKLRQLQJ emerged after the murders of Kimber Reynolds him to sign, leaving the other four measures to regrettably a complex scheme of criminal (1992) and Polly Klass (1993) when politi- the wayside, with only AB971 going forward. procedure." But then in brilliant (Page 7) Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 7 lowed to earn credits for good behavior ity" (51%). They did not remember that a se- while in prison!" lect group of lifers who are Three Strikers &RQW¶GIURP3DJH But when the law had been written as a were not allowed any benefits ... unless em- d clarity, she leaves it up to our State Legisla- "Bill" and then mirrored as an "Initiative," a powered by a 2/3 "super majority!" A mere ture to fix this excessive sentencing problem dark insidious nature was made manifest bill does not meet this requirement needed to which arose out from their own lack of over- against voter intent. By removing the word amend a voter proposition. So; when the prob- sight and understanding. "AUTHORIZE" early in the process, Gov. lem was identified by the legislative analyst It is a fact that the Three Strike declaration Wilson had made good on his deal with Don office, it was decided to return its proscribed Novey, head of the Guards Union. Think back criteria back to the original EPHP, and leave it "does not prohibit" as stated in Article 2.5, th which is about prison conduct credits for inde- to those days just after Jan.6 , and before at that. Had the term "AUTHORIZE' been terminate term; but it does not "authorize" Jan.26. This was the area of time Governor returned to the three strike sentencing statute them either. By removing the word Wilson would use various news forums to by then, products like S.B. 224 would not have "authorize," but then leaving in the phrase publicly state that his crime policies (Page 7) faced hurdles like this! "does not prohibit" . . . this became just will deliver into our state prisons "a new doc- As it stands, three strikers are not granted the enough of an Alteration to do the trick! ile group of prisoners, who will be guaran- fruits of rehabilitation. Positive re-calculations Reluctantly, Justice Kathryn Werdegar had teed to do every single day of their life of their MEPDs are legally not accounted for 5 to recognize that "credits are available only terms." by CDCr. If rehabilitation were ever allowed if they are authorized." It is unfortunate that The area overlooked was Article 2.5, begin- to be recognized by CDCr, a three strikers certain summaries within the history of the ning with sec. 2930 in our penal code. It was hearing date would be five years sooner than measure expressed their position by para- here where the wheels came off! This was where they are pegged at now. And please phrasing the limitations imposed in Article where and when it should have been noticed recognize; entering the hearing cycle is only 2.5, without taking into account its limits of that Three Strike Indeterminate Terms were that . . . it is not an automatic release! such credits to determinate terms only! Never Going to Receive Positive Program- But of course all this will require clarity The following five summaries all alluded to ming Custody Credits due to the omission of from our legislature as to exactly what the "Not More Than One-Fifth Custody Credits this single word. rehabilitative goals of this state are to become. Towards A Prisoners Term Of 25-to-Life!" So; when the framers of this law anticipated If our legislators persist with this no gain- a. Ballot Pamp., Gen. Elec. (Nov. 8, 1994) and expected that programming inmates time_credit model against all Three Strik- analysis to Prop 184 by Legis. Analyst, would be entitled to earn credits to reduce the ers . . . maybe the "R" in CDCr is a talis- p.33. [Initiative measure] minimum term of their indeterminate life sen- manic symbol bearing their hidden agenda; b. Mike Reynolds asserts: "A Truth In tence, they thought it would be subject to only more for Racketeering than for Rehabilita- Sentencing provision, requiring felons two limitations. ONE: They could reduce tion?! to serve at least 80% of their terms for their terms by no more than One-Fifth. TWO: Sometime after Jan. 6th, and before Jan. 26, second and third strike convictions." They could not begin earning credits until then Governor Pete Wilson willfully re- Ballot Pamp., Gen. Elec. Argument in physically placed into state prison. moved one word from AB971 which he favor of Prop. 184, p. 35. When the proponents of this law expressed knew would ultimately leave "a new group c. Legislative Analyst Elizabeth G. Hill, in their understanding that third strike offend- of docile prisoners required to do every sin- Joint Legis. Budget Comm., letter to ers would earn credits . . . They were never gle day of their life terms." In doing so; Gov. Atty. Gen. Daniel Lungren, Sept. 8, suggesting that for those third strikers, the One Wilson committed the most soulless act of 1993, p. 2. Summarizing that the -Fifth limitation on credits meant ONE- human barter in the history of California's lawmakers behind both the Legisla- FIFTH OF NOTHING!!! One might ask, if criminal justice system as he engaged in that tive & Initiative versions of the third strikers are entitled to no credits anyway, deal with Don Novey and his guard union. Three Strike Law presumed that a prohibiting those inmates from earning credits The promise of more prisoners to guard, typical third strike offender could until they are physically in prison was thought requiring more guards, which would then reduce his or her minimum term by to be necessary? bring in more union dues... all for funding 20%, despite the fact that a 25-to-life Sadly; it is up to our state legislature who Wilsons Presidential ambitions, should be prison term is an indeterminate, not now MUST see this sentencing debauchery for viewed as a crime! a determinate term. [Initiative meas- what it is, and then fix it. It is they who must ______ure] return the word AUTHORIZE to the place it was stolen from by Pete Wilson. The legisla- 1 See In re Cevera,24 Cal. 4th 1073 d. Sen. Comm. On Judiciary Analysis of Assem. Bill No. 971 (1993-94; Reg. ture should also make this fix retroactive. 2 Peter W. Greenwood, "Estimated Benefits and Sess.) as amended Jan. 26, 1994, p. 1. Since our elected ones are supposed to recog- Costs of Ca's New mandatory-Sentencing Law," in [Bill] nize cost cutting measures, and bring about Three Strikes and You're Out. Michael Vitello more effective ways of governing, it should be wrote: "The best that a three strikes defendant can e. Sen. Rules Comm. 3`d reading analy- " sis of Assem. Bill No 971 (1993-94 they who become forthright enough to... Get hope for is a real term of twenty years in prison. Reg. Sess.) as amended Jan. 26, 1994, Smart On Sentencing! Journal of Criminal Law and Criminology 87, no.2 (1997): pgs 395-481. p. 1&2. [Bill] Which now brings us to the most In all these summaries it had been stated recent casualty of this legislative ignorance. 3 People v. Stofle (1996) 45 Ca. App. 4th pg. that the Three Strike Law would require a Do you recall S.B 224? A well intentioned 417. Senate Bill was introduced early in 2015 by person convicted previously for one or more 4 serious or violent felonies, may not earn cred- California Senator Carol Liu (D-La Canada In Re Cevera Cal. Supreme Ct. (2002) 103 Cal. Rptr. 2nd pgs. 762-772. its to reduce their time spent in prison . . . Flintridge). It was intended to expand the FOR THE NEW OFFENCE, by more than criteria for an already existing Elderly Parole 5This would justify growing numbers in the rank one-fifth! Hearing Process (EPHP). But as written, it & file of the Guards Union, which could then in Even the emotional history of this charged- casually included all prisoners; both determi- turn provide more dues as campaign donations. up folly from Mike Reynolds included state- nate and indeterminate. Its authors lost sight Gov. Wilson and the head of the Union (Don of the fact that it was just a "bill", and should it Novey) (Page 8)perpetrated this act without due ments claiming to lawmakers that (Page 7) diligence from our State's Highest Court until "the third strike offenders would be al- pass, would only do so with a "simple major- eight years after the fact. Page 8 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2015 Choose 1, the grassroots organization that was available estimates where actual data is not the audit required by subdivision (c), as deter- formed to represent the families of incarcer- available. The calculation shall be final and mined by the Director of Finance, shall be ated men and women who have been sen- shall not be adjusted for any subsequent deducted from The Three Strikes Reform Act tenced unfairly, submitted an amendment to changes in the underlying data. The Director of 2016 Fund before the funds are disbursed WKHLULQLWLDWLYH³7KH7KUHH6WULNHV5HKDELOLWD of Finance shall certify the results of the cal- pursuant to subdivision (a). WLRQ5HIRUP$FWRI´LQ2FWREHU culation to the Controller no (e) The funding established pursuant to this Below is a portion taken from the amended later than August 1 of each fiscal year. act shall be used to fund 7599.5(a) (1) to (4). initiative. (b) Before August 15, 2017, and before These funds shall not be used to supplant ex- August 15 of each fiscal year thereafter, the isting state or local funds utilized for these THIS ACT WILL: Controller shall transfer from the General purposes. (1) Continue current crime prevention and Fund to The Three Strikes Reform Act of2016 (f) Local agencies shall not be obligated to protection efforts concerning public safety. Fund the total amount calculated pursuant to provide programs or levels of service de- (2) Save hundreds of millions of tax payers subdivision (a). scribed in this chapter above the level for dollars every year as the state will no longer (c) Moneys in The Three Strikes Reform which funding has been provided. finance long term health care and housing of Act of 2016 Fund shall be continuously appro- aging low risk offenders in state prison. priated for the purposes of this act. Funds (3) Shall re-invest annual saving into high transferred to The Three Strikes Reform Act poverty middle schools & high schools, uni- of 2016 Fund shall be used exclusively for the versities, community colleges and prison reha- purposes of this act and shall not be subject to bilitation programs. appropriation or transfer by the Legislature for ( 4) Require re-sentencing of those individuals any other purpose. Dear Fellow Strikers, currently serving a Three Strikes sentence The funds in the The Three Strikes Reform under the Three Strikes law who's prior con- Act of 2016 Fund may be used without regard Once again the opportunity has come for victions were committed before March 7, to fiscal year. us to change the Three Strikes Law and obtain 1994 relief from these 20 years of continual incar- ( 5) The resentencing shall have retroactive 7599.5. Distribution of Moneys from The ceration. This opportunity comes through a affect. Three Strikes Reform Act of2016 Fund concerned tax-paying citizen of the commu- (a) By August 15 of each fiscal year begin- nity, who believes the law is unfair and uncon- SECTION2. stitutional in many watys. Now, through her CHAPTER 33 commencing with Section ning in 2017, the Controller shall disburse moneys deposited in The Three Strikes Re- RUJDQL]DWLRQ³&+226(´WKHODZ¶VGHILFLHQ 7599.3 is added to Division 7 of title 1 of the cies will be addressed through the initiative Government Code, to read: form Act of 2016 Fund as follows: (1) Twenty-five percent to the high poverty process. Chapter 33. Creation of The Three Strikes middle schools and high schools in California. (2) Twenty-five percent to the California I implore you to give your support to Ms. Reform Act of 2016 Fund 3LFFRORWWLLQKHUHIIRUWVWRPDNHWKHODZ¶V Community College to offset tuition. (3) Twenty-five percent to the Universities application prospective, and make criminal 7599.3. (a) A fund to be known as "The Three threats a non-strikeable offense. Strikes Reform Act of2016 Fund" is hereby of California to offset tuition. (4) Twenty-five percent to the prison reha- To help her, is to help yourself. created within the State Treasury and, not- You can help by sacrificing your canteen, withstanding Section 13340 of the Govern- bilitation programs. (b) For each program set forth in paragraphs food sale, special purchase and package ment Code, is continuously appropriated with- money. out regard to fiscal year for carrying out the (1) to (4), inclusive, of subdivision (a), the agency responsible for administering the pro- Donations are needed for hiring profes- purposes of this chapter. sional signature gatherers in order to qualify (b) For purposes of the calculations required grams shall not spend more than 5 percent of the total funds it receives from The Three the initiative for the November 2016 ballot. by Section 8 of Article XVI of the California It has been 20 years since this opportunity Constitution, funds transferred to The Three Strikes Reform Act of 2016 Fund on an an- nual basis for administrative costs. has come for violent and serious 3-strike of- Strikes Reform Act of 2016 Fund shall be fenders to obtain relief from our sentences. considered General Fund revenues which may (c) Every two years, the Controller shall conduct an audit of the grant programs oper- ,IZHGRQ¶WJHWLQYROYHGQRZLWZLOOEH be appropriated pursuant to Article XIII B. another 20 years before we get another chance. ated by the agencies specified in paragraphs (1) to (4), /HW¶VDFWQRZ 7599.4. Funding Appropriation inclusive, of subdivision (a) to ensure the funds are disbursed From Fellow Striker (a) On or before July 31,2017, and on or Forrest Jones before July 31 of each fiscal year thereafter, and expended solely according to this chapter and shall report his or her fmdings to the Leg- the Director of Finance shall calculate the Deadline for Petition Circulation- savings that accrued to the state from the im- islature and the publi~. Apr 18, 2016 plementation of the act adding this chapter Donations can be sent to: ("this act") during the fiscal year ending June (d) Any costs incurred by the Controller and CHOOSE1 30, as compared to the fiscal year preceding the Director of Finance in connection with the the enactment of this act. In making the calcu- administration of The Three Strikes Reform 80 Cabrillo Hwy N, Ste Q #609 lation required by this subdivision, the Direc- Act of 2016 Fund, including the costs of the Half Moon Bay, CA 94019 tor of Finance shall use actual data or best calculation required by Section 7599.4(a) and Or [email protected] Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com. Page 9 required to demonstrate a public local match in their proposed budgets. The public match must EH DW OHDVW SHUFHQW RI WKH DSSOLFDQW¶V WRWDO Authors: At the local level, the funds will be dis- budget, but greater weight will be given to Rebecca Silbert tributed through a competitive Request for applications with more substantial public Senior Vice President, Opportunity & Jus- Proposals (RFP) process designed to establish matches and to those that increase the propor- tice Division and expand high-quality pilot programs in the tion of the budget provided by public sources The Opportunity Institute state. Applicants for the funds must be accred- over the three-year period. The public match ited higher education institutions or 501(c)(3) need not come entirely from the applicant, and organizations working with accredited institu- applicants will be encouraged to seek contri- Debbie Mukamal tions of higher education. Successful propos- butions (cash, in-kind, dedicated or repurposed Executive Director, Stanford Criminal Justice Center als will identify a need and an aligned solution existing spending, or otherwise) from commu- in their community. They must demonstrate nity partners and to utilize matching resources Renewing Communities is a three-year, partnerships between higher education and from non-traditional local sources such as strategically planned initiative designed to criminal justice stakeholders such as probation Public Safety Realignment and adult basic build sustainable on-ramps from corrections to and the sheriff, and they must build on-ramps education funds. college in California. The initiative is based and strong links between corrections and edu- At the state level, Renewing Communi- on 18 months of research, stakeholder input, cation institutions. Proposals must also dem- ties will build sustainability and capacity by and outreach conducted by the Stanford onstrate concrete connections to reentry ser- developing a learning community of practice, Criminal Justice Center and the Warren Insti- vices and supports. Efforts will be taken to and by disseminating resources that will tute at Berkeley Law (encapsulated in the choose a range of pilots representing diverse strengthen the field and share the lessons report,Degrees of Freedom: Expanding Col- regions of the state, as well as a diversity of gleaned throughout the state and beyond even lege Opportunities for Currently and For- locales for the services (e.g. prison-, jail-, and after the three-year term. The statewide cam- merly Incarcerated Californians). It relies on community-based). We anticipate that six to paign will strengthen the link between crimi- a two-pronged strategy: using a blend of pub- ten pilot sites will be awarded contracts in nal justice and education, thus supporting not lic and private funding to foster innovation response to the RFP with a target population only sustainability but also scalability and and increase the number of students served at of more than 500 students each year during expansion. the local level, and building statewide capacity the three years of operation. The RFP was Renewing Communities will be managed through coordinated capacity building, techni- released on November 9, 2015, and applica- by The Opportunity Institute, a California- cal assistance, and the development of a learn- tions are due on February 2, 2016. based 501(c)(3) with extensive expertise in ing community. To build sustainability, applicants are both criminal justice and higher education. Eligibility Requirements realignment/index.html. If you have questions about your voting rights, please You can register to vote and vote if you are: contact your parole or county probation office. How to Register to Vote A United States citizen; You may request a voter registration card from the Secretary of State or your A resident of California; county elections office. You may also apply to register to vote on the Secretary of At least 18 years of age or older on or before the next Election Day; 6WDWH¶VZHEVLWH RegisterToVote.ca.gov. Your voter registration application must Not currently imprisoned or on parole for the conviction of a felony; and be received or postmarked at least fifteen (15) days before Election Day to be Not found mentally incompetent by a court of law. eligible to vote in that election. Voter registration cards and voting materials are Eligible to register and vote: available in English, Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Tagalog, In county jail serving a misdemeanor sentence. A misdemeanor Thai, and Vietnamese. If you are in jail, you are entitled to receive a voter regis- never affects your right to vote. tration card if you are eligible to vote. See the attached list for state and local In county jail because jail time is a condition of probation. elections office contact information. On probation. Vote by Mail On mandatory supervision.On post-release community supervision. If you are already registered to vote at your current home address, you may re- Done with parole. Your right to vote is automatically retored when quest a vote-by-mail ballot application by contacting your county elections of- you complete your parole. You just need to fill out a voter registration fice. Once you receive your vote-by-mail ballot application, you must complete application either online at RegisterToVote.ca.gov or using a paper and return it to your county elections office at least seven (7) days before Election voter registration card. Day. Not eligible to register and vote: Currently imprisoned: In state prison. If you are not registered to vote at your current home address, you may register or In county jail serving a state prison sentence. re-register to vote and request a vote-by-PDLOEDOORWRQWKH6HFUHWDU\RI6WDWH¶V website RegisterToVote.ca.gov. Currently on parole. Criminal Justice Realignment Act Released from Custody In 2011, the Legislature passed and the Governor signed the Criminal Justice If you requested a vote-by-mail ballot but are released from custody before you Realignment Act (Realignment). Under Penal Code section 1170(h), low-level receive your ballot, you can still vote. Just go to the polling place for your home felons are sentenced to county jail and/or supervision by the county probation address or any polling place in the county where you are registered and vote a department instead of state prison. Realignment has caused some confusion provisional ballot. about voting rights among people who have criminal convictions. The chart above provides an explanation of who is eligible and who is not eligible to If you change your name, home address, mailing address, or party preference, you register to vote in California. must complete a new voter registration card. California Penal Code section 2910 allows the California Department of Voter registration cards are available at most public libraries and government Corrections & Rehabilitation (CDCR) to make agreements with local govern- offices. Additionally, you may apply to register to vote online ments to house felons in a county jail or other correctional facility. For more RegisterToVote.ca.gov. LQIRUPDWLRQSOHDVHYLVLW&'&5¶VZHEVLWHhttp://www.cdcr.ca.gov/ Page 10 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2015 refuse to open their doors to children. In fact this is not a law nor administrative rule under Title 15, but a Special Condition of There are more than a Hundred thousand Ex- Parole that targets parolees who are Regis- By Barrett Littleton Sex Offenders in our state. Those who are on tered Sex Offenders. Also quoted in this November 6, 2015 parole number less than six thousand, which is story was L.A. County Probation Officer around 4% of the total Ex-Sex Offender popu- Steven Howell. "They expect us to come at Parolees in California who have been con- lation in California. night, so this year we decided to do it during victed in the past of any crime deemed a sex On Halloween there has never been a regis- the daytime," said Howell. "We caught a lot crime, are prohibited from any activity that is tered Ex-Sex Offender arrested for any crime of them as they prepared to leave for work." reasonably related to Halloween. related to children In the same period, there Apparently the Ex-Sex Offenders were This has been going on for twenty two . has been, according to the Center for Disease catching on that they might be forced to years. Operation Boo is the brain child of the Control, the occurrence of fatal pedestrian undergo a compliance check on Halloween. California Department of Corrections and injuries among children on Halloween, the Yet still, there were 5 arrests. Rehabilitation (CDCR). This is a Special Con- mortality data from the Fatal Analysis Report- dition of Parole specifically related to all pa- ing System (FARS) of the National Highway Last year, California parole agents arrested rolees convicted in the past of any sex crime. Traffic Safety Administration (NHTSA) dur- 62 of the 1294 sex offender parolees who ing 1975-1996 to be an average of 5.5 fatali- were contacted during Halloween night /HWPHHODERUDWHRQWKHZRUG³DQ\´6XSSRVH ties each year. This report summarizes the Operation Boo sweeps. I have not seen the a person was convicted of any misdemeanor results of the analysis and suggests measures number for this year. crime back in 1975, and served a year of pro- to prevent Halloween-related pedestrian inju- bation, but now the crime is considered a sex ries. Other scary facts include more than 70 The phrase Sex Offender carries with it crime. If by chance, later on in life, in 2010, percent of the accidents occurred away from many connotations, all of them bad. Many that person was convicted of any felony (not a an intersection or crosswalk. Most of the who are on the Registry are there because Sex Offence) that put him/her in prison deaths were for children ages 12 to 15, or 32 they committed some sex crime many years for any amount of time, and that person is still percent, followed by children ages 5 to 8. ago, and have lived since, a life without a on parole this year in 2015, he/she would be single arrest. Some are now on parole for a under the following conditions: No Halloween So the inference is clear. Children are not safe non-sex crime that was committed as much Decorations on their home or offer Trick-or- on the streets or sidewalks on Halloween. Not as 20 years after they committed the sex Treat candy, in addition, the prohibition in- because someone has assaulted, lured or other- crime. They too, are required to attend cludes not answering the door and the drapes wise committed a Sex Crime, but because group therapy, wear a GPS device and se- must be closed. The door must not be an- adults drive recklessly and intoxicated, and quester themselves in their homes on Octo- swered unless it is Law Enforcement. st run over and injure and kill children. This is ber 31 . For this previous transgression In San Diego County it got worse for a min- WKH UHDO ³VWUDQJHU-GDQJHU´ ZH QHHG WR EH many years ago, they are branded sex of- ute. It was reported that there was a require- aware of on Halloween. fender. In fact they are more rightly Ex-Sex ment that ex-sex offenders place a sign on Offenders. This distinction is pivotal in that WKHLU GRRU VD\LQJ ³:H 'R 1RW 3DUWLFLSDWH LQ Tragically, in California this Halloween, three the media, with vested interests, make a 7ULFN RU 7UHDWLQJ´ VDLG &DOLIRUQLD 5HIRUP children were killed in a hit and run in Santa living from the perception that these people Our Sex Offender Laws (ROSOL). Founder Ana. In Irvine, a 65 year old man was killed are currently dangerous and likely to reof- -DQLFH %HOOXFFL ³7KHUH DUH QR UHSRUWHG FDVHV while escorting his son while Trick-or- fend at any moment. In fact the re-offense of a child being sexually assaulted by a sex Treating. The four year old son was seriously data tells a very different story. offender on Halloween while trick or treat- injured. LQJ´ 6KH SURPSWO\ ILOHG D )HGHUDO ODZVXLW Most persons released from prison or jail saying that was an unconstitutional require- I recommend that we take a look at our media never commit a sex offence again. Some do ment that forces sex offenders to place a sign and Law Enforcement. While children's safety commit other crimes that end up as convic- on their door. The CDCR came to a quick is important, the concern far outweighs the tions. They are not sex offenders they are ex settlement on that particular issue. Statewide, real danger. There is no reason to think that - sex offenders. Actions like Operation Boo the CDCR, who denied that the requirement sex offenders pose any more of a threat to reinforce the perception that persons con- was a part of official policy, had a sign-free children on Halloween than at any other time. victed of a sex crime, regardless of the type Halloween. In fact, there has not been a single case of any or seriousness, are just waiting to grab some child being molested by a convicted sex of- child and that is just what the Victim ³&'&5¶VVLJQUHTXLUHPHQWLVDVROXWLRQZLWK fender while trick-or-treating. We see all the Vengeance Brigade want. RXW D SUREOHP´ VDLG %HOOXFFL ³7KHUH DUH QR media stories where CDCR/DAPO and differ- reported cases of a child being sexually as- ent task forces are running sweeps of those on saulted by a sex offender on Halloween while parole who are on the registry. In San Diego WULFNRUWUHDWLQJ´ County. Transients have it a bit worse. Statewide Tran- In Los Angeles County it was reported that the 'RQ¶WEHDIUDLGRI\RXU sient Ex-Sex Offenders apparently are re- Probation Department made five arrests in IHDUV7KH\¶UHQRWWKHUHWR quired to report to selected centers, where they which 5 computers, 13 USB sticks and mem- VFDUH\RX7KH\¶UHWKHUHWR ory cards, 3 computer towers, and marijuana will be sequestered between the hours of 5 let you know that some- p.m., (when children will be Trick-or- and a methamphetamine pipe were confis- Treating, collecting candy with, by the way, cated. thing is worth it. their parents, who most likely will be keeping a careful eye out), and 5a.m. This rule has not ABC 7 News reported that by law, registered ~ C. JoyBell been used in San Diego County as far as I offenders cannot put out decorations or pass know. out candy. They must turn off their lights and Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 11 only²they are not displayed on the public web site. The Containment Team must com- PXQLFDWHDERXWWKHRIIHQGHU¶VSURJUHVVDQG criminogenic needs. A treatment contract with the offender should describe the responsibility of the offender to avoid risky, aggressive or re -offending behavior and high risk situations. The treatment contract should require the offender to self-report any such behaviors to the provider and supervising officer as soon as possible. 7KHWUHDWPHQWSURJUDPDVZHOODVWKH providers in that program who treat sex The sex offender management program under offenders on probation or parole, must be the Containment Model must use a victim- certified by the California Sex Offender centered approach. It has three required com- Management Board. Sex offender-specific A collaborative approach to sex offender man- ponents: participation by a supervising (e.g., training and ongoing education in the agement, known as the Containment Model, probation or parole) officer; sex offender field is required, as well as a professional became mandatory in California beginning treatment provider; and polygraph examiner. OLFHQVHUHTXLULQJDPDVWHU¶VGHJUHHRU July 1, 2012. (See Penal Code §§ 290.09, These three people are the core of the Con- higher. A list of certified programs is 1203.067, 3008, and 9003.) It was intended to tainment Team, although other team members posted at www.casomb.org. apply retroactively to offenders already on should participate at times to share general 3RO\JUDSKH[DPLQHUVPXVWPHHWWKHVWDQ probation or parole caseloads, even if they had information on risk (e.g., the registering law dards set by CASOMB. (See Post- already done court-ordered treatment. (Pen. enforcement agency). Conviction Sex Offender Polygraph Certi Code, §§ 1203.067, 3008.) The reason the law fication Standards, www.casomb.org/ was made retroactive was that previous pro- Communication and collaboration among the certification.) Polygraph results cannot be grams did not have to meet evidence-based supervising officer, treatment provider, and used against an offender in subsequent standards shown to reduce sexual recidivism. polygraph examiner are mandatory. The treat- criminal proceedings or for purposes of c (See California Sex Offender Management ment provider must communicate with the ivil commitment. The polygraph is in Board, Recommendations Report to the Cali- supervising officer at least once a month about tended solely as a supervision tool. Poly fornia Legislature, at pp. 29- 36, January WKHRIIHQGHU¶VSURJUHVVLQWKHSURJUDPDQG graph standards preclude questions about 2010, www.casomb.org/reports.) Also, under dynamic risk assessment issues. (PC § names of victims or dates of past offenses. prior law there were no standards requiring 290.09.) The treatment provider must obtain A baseline risk level is established by use treatment providers to be licensed and have appropriate waivers of confidentiality. (See of a sexual history polygraph examination, training in sex offender-specific treatment. CASOMB Treatment Program Certification which is used only to determine treatment Such standards now ensure that treatment Requirements, www.casomb.org/ and supervision needs. Maintenance poly management professionals are qualified and certification). Both provider and supervising graphs, which are usually conducted about use an effective and behavioral, sex-offender officer should document these contacts. once a year, are used only to determine specific approach in treatment. Finally, of- compliance with current terms and condit fenders already on probation and parole It is a primary responsibility of the supervising ions of supervision, and to assess rising or caseloads were not scored on the dynamic and officer to ensure that communication occurs falling risk. violence risk instruments now mandated for with the treatment provider occurs regularly, use in these programs, even if the offender had at least once a month, and remains open to 3UREDWLRQDQGSDUROHVKRXOGKDYHVFRUHG previously done some type of treatment. deal with issues that arise during supervision the offender on the Static-99R before he or treatment. Click on the probation/parole or she is placed on supervision, and the The new law allows the length of treatment, link on the home page to see an example of a score should be reviewed by the provider. and frequency of attendance, to be tailored to Monthly Progress/Communication Report. ,WLVWKHWUHDWPHQWSURJUDP¶VUHVSRQVLELOL- the risk level of individual offenders. The ty to ensure that the program uses a treatment professional and supervising officer ,WLVWKHWUHDWPHQWSURYLGHU¶VUHVSRQVLELOLW\WR SARATSO-certified scorer to score the must determine, based on risk level, whether score the dynamic and violence risk assess- offender on the state-mandated dynamic to require treatment for more than the mini- ment instruments within 90-120 days after the risk tool and violence risk tool. mum of one year. Treatment can be required start of treatment and communicate about risk for as long as the period of supervision, if a results with the Containment Team. The treat- http://www.cce.csus.edu/portal/admin/ higher risk level warrants it. For example, low ment provider must share the scores and infor- handouts/Containment%20Model% risk offenders who have already completed mation about the scoring with the supervising 20synopsis_rev.doc.pdf treatment programs which would have met the officer, within 30 days of scoring the tool. (PC new, evidence-based certification require- § 290.09.) This enables the supervision condi- ments, might not be required to attend weekly tions to be tailored to either rising or falling for a year²instead, they might be required to risk levels, if needed. check in monthly. Conversely, a higher risk offender may have previously completed 52 ,WLVWKHVXSHUYLVLQJRIILFHU¶VUHVSRQVLELOLW\WR weeks of a program that would not meet to- send the scores on the dynamic and violence GD\¶VULJRURXVFHUWLILFDWLRQVWDQGDUGV,IWKDW risk instruments to DOJ within 5 working days RIIHQGHU¶VULVNOHYHOUHPDLQVPRGHUDWHWRKLJK of receipt. (See Score Reporting, he might be required to attend treatment www.saratso.org.) The dynamic and violence weekly for the balance of the supervision risk scores are available to law enforcement term. Page 12 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2014 Rehabilitation (CDCR) in July 2015, the rate of re-RIIHQVHLVOHVVWKDQRQHSHUFHQW´[1] Static-99R Risk Scores And according to Dr. Karl Hanson, a re- Static-99R Score Categories nowned international expert regarding the re- -3 through 1 - Low Risk offense rate of registrants, a registrant who has 2-3 - Moderate-Low Risk not committed a subsequent offense in 17 4-5 - Moderate-High Risk 6 and above - High Risk years is no more likely to commit an offense than an individual who has never done so.[2] The Static-99R score is used to predict risk of sexual re-offense, based on the offender's score category (all offenders with a score of -2, for example, would ² be considered low risk to commit a new sexual offense). Predicted Sexual Recidivism by Score Category, Five Years after Release from Custody* [1] See CDCR Outcome Evaluation Report, (Base on Routine Norms, Static-99R): page 30. [2] See California Sex Offender Management Score Predicted Recidivism Rate Score Predicted Recidivism Rate %RDUGUHSRUW³$%HWWHU3DWKWR&RPPXQLW\ -3 1.2 4 8.7 6DIHW\´GDWHG$SULOSDJH -2 1.6 5 11.4 -1 2.1 6 14.7 0 2.8 7 18.8 &RQW¶GIURP3DJH sentencing court imposed the longest term of 1 3.8 8 23.7 imprisonment. 2 5.0 9 29.5 (b) (1) A person who was convicted of a controlling offense that was committed before 3 6.6 10- -- the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions. (2) A person who was convicted of a con- trolling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on California Reform Sex Offender with state law. Matagora is a recent victim of parole by the board during his or her 20th year Laws (CA RSOL) vigilante violence who was shot twice on Sep- of incarceration at a youth offender parole tember 21 by a neighbor who told police that hearing, unless previously released or entitled www.CaliforniaRSOL.org KH VKRW 0DWDJRUD EHFDXVH KH LV D ³VH[ RI to an earlier parole consideration hearing pur- IHQGHU´7KH0HJDQ¶V/DZZHEVLWHSURILOHRI suant to other statutory provisions. Posted on November 10, 2015 Matagora lacks both the date of his conviction (3) A person who was convicted of a con- and the date of his release. California Reform Sex Offender Laws (CA trolling offense that was committed before the ³7KH FRPELQDWLRQ RI DQ LQGLYLGXDO¶V FXUUHQW RSOL) and two registrants today will file a person had attained 23 years of age and for photo and home address as well a lack of in- lawsuit in Los Angeles Superior Court re- which the sentence is a life term of 25 years to formation regarding when he was convicted questing immediate changes to, or in the alter- life shall be eligible for release on parole by FDQ EH OHWKDO´ VWDWHG DWWRUQH\ &KDQFH 2EHU QDWLYHWKHHQGLQJRIWKHVWDWH¶V0HJDQ¶V/DZ the board during his or her 25th year of incar- VWHLQ ³8QIRUWXQDWHO\ WKH SXEOLF RIWHQ MXPSV website. The request is based upon the failure ceration at a youth offender parole hearing, to the conclusion that the conviction took of the California Department of Justice (CA unless previously released or entitled to an place recently even though it may have oc- DOJ) to comply with a state law that required earlier parole consideration hearing pursuant FXUUHGGHFDGHVDJR´ the agency to add conviction and release dates to other statutory provisions. About 92 percent of the profiles on the WR LQGLYLGXDOV¶ SURILOHV RQ WKDW ZHEVLWH E\ (c) An individual subject to this section 0HJDQ¶V/DZZHEVLWHODFNWKH\HDURIFRQYLF 2010. shall meet with the board pursuant to subdivi- tion and year of release, according to the law- ³7KH&DOLIRUQLD'HSDUWPHQWRI-XVWLFHFRQWLQ sion (a) of Section 3041. suit. In fact, the older the conviction is, the ues to act illegally and in violation of state (d) The board shall conduct a youth of- less likely it is that the date of conviction ap- ODZ´VWDWHG&$562/SUHVLGHQWDQGDWWRUQH\ fender parole hearing to consider release. At SHDUVRQDQLQGLYLGXDO¶VSURILOH -DQLFH %HOOXFFL ³7KH DJHQF\ KDV IDLOHG WR the youth offender parole hearing, the board ³&DOLIRUQLD'2-LVDFWLQJXQODZIXOO\DQGLUUH meet a legislative mandate to correct the shall release the individual on parole as pro- VSRQVLEO\´ VWDWHG %HOOXFFL ³7KH\ KDYH SXW 0HJDQ¶V /DZ ZHEVLWH DQG WKDW IDLOXUH KDV vided in Section 3041, except that the board and continue to put, at risk of significant resulted in several deaths as well as homeless- shall act in accordance with subdivision (c) of harm, the lives of more than 50,000 individu- ness and unemployment for thousands of Cali- Section 4801. als. The lack of this information disguises the IRUQLDUHVLGHQWV´ (e) The youth offender parole hearing to fact that these individuals are unlikely to com- Roy Matagora, a plaintiff in the case, is one consider release shall provide for a meaning- mit a subsequent offense. According to the person who has suffered and continues to ful opportunity to obtain release. The board Outcome Evaluation Report released by the VXIIHU GXH WR WKH DJHQF\¶V IDLOXUH WR FRPSO\ shall review and, as necessary, revise existing California Department of Corrections and regulations and adopt new reg- (Page 13) Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 13 were sentenced to determinate terms and who become entitled to have their parole suitability &RQW¶GIURP3DJH considered at a youth offender parole hearing on the effective date of the act that added this ulations regarding determinations of suitability paragraph by July 1, 2021. The board shall, made pursuant to this section, subdivision (c) for all individuals described in this subpara- Brennan Center for Justice of Section 4801, and other related topics, con- graph, conduct the consultation described in at New York University School of Law sistent with relevant case law, in order to pro- subdivision (a) of Section 3041 before July 1, vide that meaningful opportunity for release. 2017. The proliferation of fees and fines in the f) (1) In assessing growth and maturity, SEC. 2. Section 4801 of the Penal Code is criminal justice system drew the attention psychological evaluations and risk assessment amended to read: of +%2¶V-RKQ2OLYHUZKRFLWHGWKH%UHQQDQ instruments, if used by the board, shall be 4801. (a) The Board of Parole Hearings &HQWHU¶V Criminal Justice Debt: A Barrier to administered by licensed psychologists em- may report to the Governor, from time to time, Reentry as part of a segment on the challenges ployed by the board and shall take into consid- the names of any and all persons imprisoned facing former prisoners re-entering society. In eration the diminished culpability of juveniles in any state prison who, in its judgment, ought 2010, that report found states were introducing as compared to that of adults, the hallmark to have a commutation of sentence or be par- DVHULHVRIQHZ³XVHUIHHV´RQLQGLYLGXDOVZLWK features of youth, and any subsequent growth doned and set at liberty on account of good FULPLQDOFRQYLFWLRQV$V2OLYHUVDLG³,QPDQ\ and increased maturity of the individual. conduct, or unusual term of sentence, or any states you actually have to pay for probation (2) Family members, friends, school per- other cause, including evidence of intimate DQG SDUROH VHUYLFH´ 0RUH UHFHQW Center re- sonnel, faith leaders, and representatives from partner battering and its effects. For purposes search has found that these fees persist ² in community-based organizations with knowl- RIWKLVVHFWLRQ³LQWLPDWHSDUWQHUEDWWHULQJDQG fact, at least 49 states now authorize charging edge about the individual before the crime or LWVHIIHFWV´PD\LQFOXGHHYLGHQFHRIWKHQDWXUH inmates for either room and board, medical his or her growth and maturity since the time and effects of physical, emotional, or mental fees, or both. As Lauren-Brooke of the crime may submit statements for review abuse upon the beliefs, perceptions, or behav- Eisen told BBC News, with these fees by the board. ior of victims of domestic violence if it ap- ³ To the right: Left front: Geri Silva-former Director of FACTS, now Director of Fair Chance Project, Anja Rydén-Advocate for Spoon Jackson, Barbara Brooks-SJRA Advocate Amy Friedman-POPS Clubs (see her article pg 5) It was interesting and fun for all of us to meet to- gether and share our experiences and hope for the future. We are all stronger when we are willing to VXSSRUWHDFKRWKHU¶VJRDOVDQGFDQOLIWHDFKRWKHU up in the difficult process of making changes in our communities and our laws. Needless to say, we all need the support of families and friends to get anything accomplished. What are YOU do- ing? We need your help... Selfie, from Left²Orange County friends Barb Brooks, Sue Reams and Carole Urie. Friendships began while working with Families to Amend Cali- IRUQLD¶V7KUHH6WULNHV )$&76 &DUROHQRZKDV her own non-SURILW³5HWXUQLQJ+RPH)RXQGDWLRQ´ Barb Brooks (SJRA), first time meeting Spoon Jackson (LWOP) and Anja (RTF) and Barb has the Sentencing and Justice Rydén, (Advocate). Anja is a citizen of Sweden, a strong advocate for Spoon Reform Advocacy. Carole is on SJRA Board, and -DFNVRQDQGVKHRUJDQL]HGWKHIXQGUDLVHUWKDWUDLVHGWKHPRQH\IRU6SRRQ¶V Barb and Sue on RTF Board, so we all met for our appeal. She also takes care of the Spoon Jackson Realness Network blog at: board meetings...it was all a good thing... realnessnetwork.blogspot.com / Spoon is a published author and poet. If you are serving Life Without the Possibility of Parole (LWOP), or if you have a family member serving LWOP and you're ready to fight for an end to the endless despair, please write me so we can compile a list of folks inside and outside who are ready to put forth the energy to end this heartless practice. I don't have the answers, but I'm willing to start the conversation. geri silva Join Geri Silva RQ KHU UDGLR SURJUDP ³7KLQN 2XWVLGH WKH &DJH´ Chuco's Justice Center 1137 East Redondo Blvd from L.A. on 90.7fm, 98.7 in Santa Barbara, 95.7 in San Diego and Inglewood, CA 90302 99.5 in Ridgecrest and China Lake. Also streaming live at kpfk.org. 8:00-9:00 am on the first and third Sat of every month. Theodore Roosevelt Oct-Nov 2015 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Page 15 eleven persons between 1996 and January 17, 2006. Clarence Ray Allen was the last con- &RQW¶GIURP3DJH demned person to be killed by the state at San Quentin. We were going to visit In his words, these men and women were Death penalty advocates say that no fur- For two days VHQWHQFHG WR ³ life imprisonment with the ther delays are necessary. Out of 747 state remote possibility of death.´7KH&RXUWIRXQG ordered killings, 17 of these have exhausted %XW LI \RX GRQ¶W that most of the delays were created by the their appeals and will likely be slated to be the Have an appointment State itself, not by the condemned prisoners. It next recipients of the execution-killings. It can take a lifetime ZDV WKH UHVXOW RI &DOLIRUQLD¶V G\VIXQFWLRQDO But as a new review process begins, For a visitor to get in²- death penalty system. more lengthy repeals are inevitable. In his ruling, Judge Carney said the sys- Don Heller, a defense attorney in Sacra- With only moments left to visit. WHP³VHUYHVQRSHQRORJLFDOSXUSRVH´DQGWKDW´ mento, is a strong critic of capital punishment VXFK D V\VWHP LV XQFRQVWLWXWLRQDO´ :LWK WKDW and campaigned on an initiative in 2012, Visiting processing poke said, the Court vacated Mr. Jones death sen- which would have abolished the death penalty. And prod at the visitors tence. Fifty-two percent of voters opposed the repeal. Like they are cattle This ruling from Judge Carney brought Heller believes the fight is not over yet. new hope to those opposing the death penalty. +H VD\V WKH V\VWHP LV EURNHQ GRHVQ¶W ZRUN Or being processed However, on November 12 of this year, DQGZH¶GDOOEHEHWWHURIIZLWKRXWLW+HWKLQNV To go inside a concentration camp. a 3-MXGJH SDQHO UHYHUVHG -XGJH &DUQH\¶V RU that adding Life Without Parole to the equa- der. The circuit judges were Susan P. Graber, tion would be a viable option. He may get his My brother came to visit appointed by President Bill Clinton, Johnnie wish, if the new Initiative 15-0066 gets B. Rawlinson, also appointed by President enough signatures to clear circulation. They For my birthday Clinton and Paul J. Watford, appointed by will need 365,880 qualified signatures by May We had hoped to bring a nephew President Obama. Judge Graber wrote the 17, 2016. Or niece, somebody opinion, and Watford concurred in the judg- Still, other advocates who oppose the New along. ment. death penalty disagree with Heller. They be- lieve that taxpayers are getting extremely tired The conclusion was: of the high cost of life-long sentences, Because after decades ³0DQ\DJUHHZLWK3HWLWLRQHUWKDW whether it be on death row or life without Of visits &DOLIRUQLD¶V FDSLWDO SXQLVKPHQW parole. Some advocates did not support the All my brother wanted to speak on system is dysfunctional and that 2012 repeal, as to them Life Without Parole is Were the dead or dying the delay between sentencing and a poor option that is too costly. At present execution in California is ex- time, the obvious option left would be for WUDRUGLQDU\ %XW ³WKH SXUSRVH RI those on Death Row and those with Life With- Some guys I had grew up federal habeas corpus is to ensure out Parole be given the hope of appearing With have passed on ² that state convictions comply before the parole board after a lengthy sen- Or are on canes ² are bums with the federal law in existence tence. According to the CDCR, `the recidi- Or touched or lost in the head. at the time the conviction became vism rate is lower for serious/violent offenders final, and not to provide a than for non-serious/non-violent offenders. mechanism for the continuing Even so, voters will have to lay aside their My brother mentioned reexamination of final judgments preconceived ideas, judgments, attitudes and How each passing year based upon later emerging legal fears before this happens. This change will be Visiting processing has gotten GRFWULQH´ Sawyer, 497 U. a long time coming. S. at 234. Because Petitioner asks There is a 75-day comment period before Worse and more inhumane us to apply a novel constitutional the state can begin using this new one-drug To law abiding visitors. rule, we may not assess the sub- method of killing men and women. The pub- stantive validity of his claim. lic hearing is scheduled for Friday, January My brother said he 5(9(56('´ 22,2016 from 10am to 3pm in the Auditorium, Was coming back the next Dept of Health Services, East End Comples, It is expected that this ruling also will be located at 1500 Capital Ave., Sacramento 'D\ EXW KH GLGQ¶W repealed, since it is obvious that the imple- 95814. All public written comments must be $QG , GRQ¶W EODPH KLP PHQWDWLRQ RI &DOLIRUQLD¶V GHDWK SHQDOW\ LV received by the close of the public comment extremely delayed and arbitrary. Chances are period at 5pm January 22, 2016. The purpose Spoon Jackson there will not be any executions anytime soon. of the hearing is to receive oral comments In the meantime, it was announced on about this action. It is not a forum to debate 2015 November 7th, that the California Department the proposed regulations. Realnessnetworkblogspot.com of Corrections and Rehabilitation has come up Any person may submit written com- ©spoon jackson with a new one-drug lethal injection to use to ments about the proposed regulations to the kill those persons on death row. California Department of Corrections and Four barbiturates have been specified for Rehabilitation, Regulation and Policy Man- use. Anyone of them will do the job to kill agement Branch (RPMB), P.O. Box 942883, these men and women. It will take a 7.5 gram Sacramento, CA 94283-0001, by fax to (916) dose. Those listed are amobarbital, pentobar- 324- 6075, or by e- mail to bital, secobarbital and thiopental. [email protected]. Written comments This new one-drug poison will replace must be received by close of the public com- the last 3-drug poison that was used to kill ment period January 22, 2016, at 5:00 p.m. Page 16 SJRA Advocate . PO Box 71 . Olivehurst, CA 95961 . www.SJRA1.com Oct-Nov 2015 Who we are, What we do, How to help We are a positive voice for prisoners through a monthly newsletter focused on CA prisoner/prison issues. Our goal is to publish truthful information to educate, motivate and inspire prisoners, families, general public, lawyers, legislators and local lawmakers. We give a voice to the prisoner. We oppose the Three-Strikes Law-Mandatory Minimums-0DUV\¶V /DZ-Life Without Parole-Death Penalty, Solitary Con- finement. We believe Lifers should be paroled if found suitable. We believe that juveniles should not be sentenced to Life Without Parole. We support drug and alcohol treatment in lieu of jail, rehabilitative sentences, restorative justice, second chances, sensible sentences that fit the offense. We support non-profit prison reform groups and help to get their message out by offering free space in the newsletter. We encourage family volunteers to show up when needed, and provide helps to write letters to politicians, judges and newspapers. :H EHOLHYH WKHUH LV SRZHU LQ RXU YRWHV DQG DOO IDPLOLHV LQFOXGLQJ IHORQV ZKR DUH QRW LQ SULVRQ DQG QRW RQ SDUROH QHHG WR µVhow XS¶ DW WKH SROOV and exercise their right to vote. WE DO SO MUCH MORE² Check out our website at www.SJRA1.com SJRA is not a legal services provider !! We are a publication, offering information on CA prison issues. We have one person on staff, Barbara Brooks, who is not paid, not an attorney and does not give legal advise or supply secretarial or paralegal services. SJRA cannot: Provide you with legal representation-Give you legal advice or answer any legal questions regarding specific aspects of your FDVHRU\RXUORYHGRQH¶VFDVH-Assist you with your appeal or post-conviction petitions-Help you file claims against the Department of Corrections or Bureau of Prisons-Recommend other attorneys to you for any of these purposes. If you need legal help, contact a lawyer or the State Bar Association in your local area«PLEASE NOTE: SJRA will no longer respond to legal mail December 1, 2015 Dear Loved Ones, I thank God daily, remembering you...you are always in my prayers. I pray that each of you find some comfort in the place you are, having confidence in God, and his unlimited love and forgiveness. Sometimes...when we are in dark places in our lives, it is difficult to find something we can be grateful for. We have to make a concerted choice to remind ourselves SJRA ADVOCATE of some of the gifts many have received. PUBLISHED BI-MONTHLY (Circle which applies) For instance...thousands of prisoners have been released SUBSCRIPTION or ADDRESS CHANGE due to Prop 36, which amended the 3-Strikes Law. Prisoners: What about Prop 47, which reduced many felonies to mis- I wish to subscribe to 6 issues (1 year) ($12) OR 25 Forever stamps. (Circle one) demeanors, and released many more prisoners...and stopped many from going to prison by changing the of- Free Persons: fense to a misdemeanor. $15-6 issues (1 year) Date of Request ______PRISON______Then there is SB 261, signed by Governor Brown, which Name (First,MI,Last______CDC#______will require the Board of Parole Hearings to conduct youth Housing______offender parole hearings for offenders sentenced to state Mailing Address ______prison who committed those specified crimes when they City______ST______ZIP______were under 23 years of age. 2 or 3 Striker?______Lifer?______LWOP?______JVLWOP?______DP?______ We know there is so much more that we received, and so Make Check/Money Order Payable to: SJRA much more that we want, but look at all we have! Take Mail to: Attn: Barbara Brooks, SJRA . PO Box 71 . Olivehurst, CA 95961 WLPHWRZULWHGRZQDµJUDWHIXO¶OLVWDQGVHHKRZPXFK FREE ON-LINE NEWSLETTER--CHECK OUR WEBSITE AT www.SJRA1.com more full your life will be... If you want to Volunteer, Contact: Barbara Brooks via e-mail: [email protected] or Snail mail: SJRA, P.O. Box 71, Olivehurst, CA 95961