prop. 57

Avenal’s “Timeless” group explores insight into our past

January 1, 2020 by San Quentin News Contributer

By Adam Jennings, Contributing Writer

Participants and facilitators of the “Timeless” group

At Avenal State Prison, the “Timeless” group is helping its incarcerated population explore the question “Can we grow into the men we want to be?”

“Timeless” is a long-term offenders group that is held in the prison’s A Facility. The group aims to give the men insight through exercises such as gathering information from their formative years in an effort to better understand how the men became who they were and are and how they arrived in prison.

The participants have a chance to gain awareness as they apply these exercises to their lives and current mindsets in regard to a vast array of criminal topics.

Today, post Prop. 57, the reality is that some individuals are attending self help groups just for R.A.C. (Rehabilitative Achievement Credits), rather than a true desire for introspection and change.

The “Timeless” program seeks to change this thought process. The group provides the skills to apply new knowledge to old ways of thinking, feeling and behaving. The program helps the men produce new constructive beliefs, manners and habits, instead of just simply going through the motions of being there.

The program goal is to help the participants improve themselves, the community and ultimately earn a parole date.

It’s no easy task. But the group members are striving to be pillars of their current society. They are sharing what they have learned and also carrying themselves with an ever evolving sense of positivity and encouragement.

The “Timeless” members and facilitators understand that the only way they can grow into the men they want to be, is by fundamentally improving themselves. This can be accomplish by altering and improving themselves on a daily basis. Then true change can manifest, giving their families and friends the men they deserve.

The group believes through hard work and dedication they can develop a community where this is both possible and celebrated.

Thanks go out to Rosemary Ndoh, program co-facilitators James lynch and Manuel Rincon, all group members and staff sponsor, Lisa Robitaille.

It is through the service of all participating members that positivity is spread. Where they used to sow destruction, now, through their changes, they are setting good examples for future generations; breaking their own personal cycles of imprisonment with the realization that there is no right way to be wrong.

The hope is that the lasting effect of these changes will be felt long after they depart. A legacy that will truly be….TIMELESS.

Landmark Prop.57 ruling: In re McGhee

July 15, 2019 by Aron Kumar Roy

Petitioner Tijue Mcghee with his legal guide Rudy Wilkins

A California appeals court has ruled that the California Department of Corrections and Rehabilitation (CDCR) has improperly denied parole hearings to thousands of incarcerated individuals.

Approximately 4,450 non- violent offenders who were denied parole consideration due to in-prison rules violations will now be eligible for early release due to the land- mark ruling, the San Francisco Chronicle reports.

“The whole objective was to not only find relief for me, but for all those who are similarly situated,” said Tijue McGhee, the petition- er in the case, “All people deserve the same treatment under the law.”

McGhee was sentenced to nine years in state prison, four years for a burglary and five years for a previous felony enhancement.

Under the regulations implemented after Proposition 57 passed, McGhee would have been eligible for parole consideration as a non-violent offender after serving four years.

He had been denied a pa- role hearing due to receiving a Division A(1) Rules Violation for possession of a weapon and for serving a Security Housing Unit (SHU) term, two issues which were related. As a result, McGhee lost good time credits and was also given a DA referral. He was convicted of possession of a weapon within an institution and sentenced to an additional four years at 80% as a non-violent offense.

“What inspired me to file was that the law was being introduced in 2016 [Prop 57] to further reduce the CA state prison population. It was supposed to be a tool for those who are nonviolent offenders as a remedy for further overcrowding,” said McGhee. “Also, nonviolent offenders would have liberty interest that was established by the state law which amended the California Constitution Article 1 section 32 A(1)(A).”

The latest ruling from the California Appellate Court is the third against the CDCR regarding nonviolent parole hearings, according to the San Francisco Chronicle.

The first ruling struck down restrictions that excluded non-violent three strike convictions from being considered for early parole. The second ruling, which was issued in January 2019, struck down an exclusion of incarcerated individuals who were previously sentenced for a sex crime, but were currently serving time for a nonviolent crime. The latest ruling bars CDCR from excluding nonviolent offend- ers from parole hearings due to in-prison conduct.

“The ultimate decision is to be made by the (parole) board, not the department,” said Presiding Justice Stuart Polack in the 3-0 ruling.

McGhee filed a Writ of Habeas Corpus in Solano County Superior Court while he was being held within their jurisdiction. His friend and legal mastermind Rudy Wilkins assisted him while he crafted the documents.

“More inmates should really begin a study of their constitutional privileges, provisions, and protections that are allotted to them as citizens of the United States,” said Wilkins, “I think this inspires an individual to not so much challenge the authority, but to challenge the procedure and to make sure that the procedure is accurate with regard to all current laws and provisions provided for prisoners.”

More credits offered under Prop 57

May 6, 2019 by Michael Johnson

“As of May 1, 2019 (under new emergency regulations), people can earn 10 days of (Rehabilitative Achievement) credit for every 52 hours of participation(in eligible self- help and volunteer public service activities), up to a maximum of 40 days credit per year.”

The programming credits under Proposition 57 have been enhanced once again, and many inmates are happy to see these changes.

Inmate David Hill said, “I think it’s a good thing; it’s going to make me more inclined to stay in my groups now that the credit hours roll over into the next year.” These Rehabilitation Credits will get me out of prison at least five months early. Which means I’ll get to my family almost six months sooner.”

The voters of California passed Prop. 57, the Public Safety and Rehabilitation Act of 2016 with more than 64% of the vote. Prop. 57 gave the California Department of Corrections (CDCR) the authority to make changes regarding credits by issuing new emergency regulations in order to keep the prison population within the federal court-ordered limit aimed at reducing crowding in prisons.

Since then, CDCR made small changes that increased the programming credits for inmates. For example, a college student who successfully completes a course with a grade of C or better now receives 3 weeks of Milestone Completion Credits rather than 2 weeks for each course. This change went into effect August 1, 2018.

Now, according to the Prison Law Office, “as of May 1, 2019 (under new emergency regulations), people can earn 10 days of (Rehabilitative Achievement) credit for every 52 hours of participation (in eligible self-help and volunteer public service activities), up to a maximum of 40 days credit per year.” In addition, “If a person earns excess credits, the excess credits will be rolled over and can be applied during following years,” said the Prison Law Office.

Another change affects the Educational Merit Credits. “Starting on May 1, 2019 (under new emergency regulations), a person who earns a high school diploma or equivalent earns 180 days of credit; people who previously got only 90 days of credit under the older rule will be granted an additional 90 days of credit,” according to the Prison Law Office.

“I got my GED back in 2016, here at San Quentin, I did it to show my mother that I was changing for the better,” said inmate Ryan Dietz. “I was stoked to get 90 days off of my sentence and it’s even better now that I’m going to get an- other 90 days off and get home to my family this July.”

The U.S. Departments of Justice and Education said in 2013 that education dramatically improves the lives of incarcerated people, improves employment opportunities, reduces recidivism, and saves money for the state.

Most inmates are able to earn credits for successful participation in approved rehabilitative programs, but it’s important for inmates to verify with their Correctional Counselor to make sure that they are eligible for programming credits.

The information on how Milestone Completion Credits, Rehabilitative Achievement Credits, and Educational Merit Credits, are processed can be found in section’s 3043.3, 3034.4, 3034.5, of the 2018 California Code of Regulations, Title 15, Division 3.

It’s important to know that can Milestone Completion and Rehabilitative Achievement Credits may be lost due to rule violations; however, Educational Merit Credits cannot be taken away.

Some law enforcement and victim advocates oppose Proposition 57

April 30, 2019 by admins

Some police and victim advocates claim a recent court ruling could lead to the early release of many violent and sex offenders, reports the Times Herald.

The case involves Gregory Gadlin, serving 35 years to life for assault with a deadly weapon. He was also convicted previously of forcible rape in 1984 and forcible child molestation in 1986.

The 2nd District Court of Appeals ruled in January that Gadlin should be considered for early release under terms of Proposition 57, the voter- approved initiative aimed at reducing prison overcrowd- ing, the Feb. 1 story noted.

“The ruling means more sex offenders and violent criminals will be applying for early release back into our neighborhoods,” Paul Kelly, president of the San Jose Police Officers Association, told the Times Herald.

In November 2017, Gadlin petitioned the Superior Court, challenging CDCR’s application of Proposition 57, which excluded him from early parole consideration. The court denied the petition, but the appellate court reversed the denial.

The California Department of Corrections and Rehabilitation (CDCR) maintained Gadlin was a third-strike offender and a registered sex offender and both factors make him in- eligible for early release under Proposition 57.

Proposition 57, which passed in 2016, allowed prison officials to decide which non-violent felonies could be reduced to misdemeanors (under Proposition 47).

The court concluded that CDCR’s interpretation and application of Proposition 57 does not override the “plain text of the initiative,” which reads “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.”

“The regulations promulgated by the California Department of Corrections and Rehabilitation (CDCR) are unconstitutional as applied to bar early parole consideration based on two prior sex offenses committed in the 1980s for which petitioner Gadlin has already been imprisoned and released.”

Prisoners contributed their input on criminal justice reform

February 19, 2019 by Joe Garcia

Participants sitting in a small circle share their personal experiences in the San Quentin Protestant Chapel

Criminal justice reform took center stage at a San Quentin State Prison forum that brought together inmates, social justice advocates, formerly incarcerated citizens and public officials.

“Reform has to change, as we all together are changing,” said Assemblymember Timothy Grayson, D-14th District, Concord. “We all still are rehabilitating. When I leave here, I’m going to tell people I just came from a place called ‘Project Opportunity.’

Participant Steven S., Assemblymember Timothy Grayson, with participant Ron Ehde

“In one word – Wow! For me there’s this ‘wow’ factor going on right now. I’m overwhelmed by the narrative that comes from only you,” Grayson added, referring to the prisoners.

The first-ever True Impact of Criminal Justice Reform in California Forum took place on Jan. 11. About 40 participants sat in small circles to share personal experiences and ideas about past, present and upcoming changes in sentencing policies.

Contra Costa County District Attorney Diana Becton had these comments after her time in a circle: “I’m a newly elected district attorney, who ran on a platform of criminal justice reform, so I know I’m in an environment where I’ll be working with people who aren’t on the same page.

“They don’t believe keeping the community safe can go hand-in-hand with criminal justice reform, but we need to start having the courage to say, ‘Yes, it can.’

“It was so powerful to just sit and listen and hear your hope for the future.”

Assemblymember Mark Stone, D-29th District, Santa Cruz/Santa Clara, also participated in a circle and addressed everyone afterward. “The hard work you’re willing to do allows us to go to policymakers and argue for reform. We can’t do that without your willingness to articulate the changes that happen in these groups.

“I view each of you as a partner. We know reform is always going to be an uphill battle.”

Formerly incarcerated Terah Lawyer now works as a project coordinator for Impact Justice. She served her entire prison term at California Correctional Women’s Facility. “Fifteen years, three months and eight days,” she said, giving her exact time behind bars. “Yeah, I don’t play.”

“I’m in this work for life,” Lawyer said. “I’ll never forget being a lifer and believing I would die in prison.”

She wants to see Life Without Parole (LWOP) sentences become abolished and is a passionate advocate for the Drop LWOP campaign.

“How can we say in one breath that we’re going to offer Proposition 57 credits – that everyone is redeemable, that everyone can earn their way out, but we still have people stuck with LWOP?” she said.

Lawyer also works for Homecoming, an organization that helps the formerly incarcerated find sustainable, comfortable housing.

Formerly incarcerated advocate Terah Lawyer

“It’s not about so-called ‘transitional’ housing,” Lawyer said. “It’s about placing people into community homes and semi-independent honor housing.

“Each person getting out of prison has unique needs. The only thing people getting out of prison have in common is that they just got out of prison.”

One of the inmates who organized the event, James King, expressed his appreciation for all the outside guest participants.

“It means so much, just to say you see us and you hear us,” King said.

Hillary Blout, director for the Sentencing Review Project, said she stepped away from the San Francisco D i s t r i c t Attorney’s Office after seeing cases that were not handled in a way she agreed with.

Blout described herself as a “reformer – turned prosecutor – turned reformer again.”

“I wanted to do things differently,” she told. “They called me more of a social worker.

Participants Rahsaan Thomas and John Johnson talking to Hillary Blout, director for the Sentencing Review Project

“We need to examine how likely it is people will reoffend, read their background, try and keep families together. Shouldn’t that be our goal?

“I’d like to see us move prosecution into a new direction, where it’s only the last line of defense. Putting people away in prison should be the last option.”

Blout is instrumental in supporting Assembly Bill 2942, which allows district attorneys the discretion to consider a prisoner’s past sentencing and factor in who they are today – the programs they’re involved in and their disciplinary record while incarcerated.“There are too many people that can make the argument that it no longer serves the interests of justice to keep them in prison,” Blout said. “The opportunity should be given to see people’s better side – not just the crime they committed at one moment in time.”

“It means so much, just to say you see us and you hear us”

Inmate Fanon Figgers opened the forum by explaining how, after getting sentenced to 210 years-to-life and all his appeals were denied, he started acting up in prison because he didn’t think he had anything to lose.

“It was my mother that hit me with reality,” he recalled. “She said, ‘Your daughter needs you. You have to make changes.’

“That’s when I started to ask myself, ‘How did I get here?’ I started to think about the harm I caused to my community, started to do some deep soul searching.

“I discovered things about myself and realized change is possible from within – first spiritually, then morally,” Figgers said. “Hopefully, you all can help us change these sentences because you see that we really can change.”

Inmate Nathan McKinney spoke on behalf of a “struggling sector of our community … those that can’t articulate to the (parole) board that they’re no longer a threat – guys with learning disabilities and the limited ability to comprehend.”

“We all know the stories about ‘Why didn’t that old dude go home?’” said McKinney. “Guys like that need to be given a real opportunity to be seen, not for what they say, but for what they do.

“It’s in no one’s best interest for these guys to continue to be kept in prison.”

Phil Melendez returned to San Quentin for the first time since being released in 2017. He was pointed to frequently as a lifer, who received the benefit of reduced sentencing laws and has had an extremely successful reentry.

“I know it sounds crazy,” Melendez said. “But I’m really happy to be back in San Quentin.”

Melendez now works as an outreach associate for Re:Store Justice. A paroled youth offender and former SQ KidCAT member, he has visited Lancaster, Old Folsom and Vacaville prisons to help start, develop and teach curriculum for KidCAT, the program for imprisoned youth offenders. Melendez also facilitates Transformative Justice and provides training for prisoners to apply for reconsideration of their sentence under Senate Bill 1437.

Paul Payne became the press secretary for State Sen. Bill Dodd, D-3^rdDistrict, Contra Costa County, in April 2018. He emphasized that his boss is a strong advocate for criminal justice reform.

“We’re impressed by the people here taking advantage of these rehabilitative programs and really taking it to heart,” Payne told to SQN. “Senator Dodd is extremely moved and sympathetic to your plight. It’s incredible to see people putting in the time to rebuild themselves and understand what happened in their life.

“Me, I tend to still have a skeptical side, a cynical side, so I have to wonder if this is a room full of ringers, or is this the norm? If everyone in prison were like this, we could just open the gates right now, so to speak.”