The San Quentin Visiting Room was turned into a joyous, festive place with smiles, painted faces, and children hugging their dads, some for the first time, in celebration of Fathers Day.
“This is the first time I’ve seen my daughter since she was a week old,” said Troy Phillips, whose family lives in Bakersfield. His daughter, Troyanna, was too shy to say anything, but smiled and played with a board game. She had just turned 10.
“All the kids sang her happy birthday yesterday. This was a great birthday present for her,” said Cathy Kalin, one of the community volunteers who coordinated the event, sponsored by a group called Get on the Bus.
Each year around Mother’s Day and Father’s Day, hundreds of children and their caregivers board buses and travel from cities all over the state to unite with incarcerated parents. Get on the Bus provides free transportation to three women’s prisons and seven men’s prisons. The non-profit provide travel bags, comfort care bags for the caregivers, a photo of each child with his or her parent, and meals for the trip (breakfast, snacks on the bus, lunch at the prison, and dinner on the way home), all at no cost to the children’s family. On the bus trip home each child receives a “stay connected bag” which consists of pens, paper, stamps and other goodies to keep the children connected with their incarcerated parents.
“This is a very special day for the men,” said Kevin Chappell, San Quentin’s acting warden. “It’s always good to see family come together. Reunifying families that have been disconnected brings good morale, which helps the men stay within the rules. Get on the Bus has brought much joy to many here today.”
Children of all ages pranced around in purple T-shirts, getting refreshments, or headed to the cameraman to take a picture with their mom and dad. Kids took up all the seats as they played board games with their dads or newly found friends.
“Troy is a great father and role model,” said Troyanna’s mother Zunknie Newell, whose name means Morning Star in Swahili. “Bakersfield is so far away, and Get on the Bus provided us with this opportunity.” She added, “I have a 19-year- old son doing a 40-to-life sentence in Pelican Bay right now. I am sure if Troy was in his life, he would not be in prison.”
“This is our third time using Get on the Bus,” said Eric Davis, whose family lives in Sacramento. “This has given me the opportunity to see my wife and kids an extra time each year.” Keysha, Eric’s wife, smiled and said the visit was timely because June 4 was their 20-year wedding anniversary.
Children of Incarcerated Parents reports that regular visits between children and their incarcerated parents reduces recidivism for the incarcerated parent and improves family reunification following the parent’s release.
An estimated 297,000 California children have a parent in jail or prison, and 60 percent of those parents are held more than 100 miles from their children.
Information about the faith-based organization can be found at www.getonthebus.us
Archives for June 2012
Senator Changes Prisoner Fund Spending Plan
The California Legislature is considering the most effective use of $68 million collected from state prisoners for their benefit.
At issue is Senate Bill 542, introduced by Sen. Curren Price, D-Los Angeles. The proposal deals with allocating Inmate Welfare Funds, which are collected by adding a tax to products prisoners are allowed to purchase, as well as taxing crafts they sell to the public.
State law requires that the funds benefit prisoners in state custody. The money has been piling up in a bank account overseen by the Department of Corrections and Rehabilitation.
Initially SB 542 sought to redirect a portion of the IWF to pay for mental health care for prisoners not in state custody. On a recent visit to San Quentin, Sen. Price heard objections to using the funds to pay for services currently paid for by the state.
Price’s bill was subsequently amended to shed the language that would redirect funds to local governments for prisoners not in state custody. The changes shift its purpose to fund “educational programs, hobby and recreation programs, and reentry programs” for prisoners in state custody.
However, the most significant part in the legislation is that the funds will “not be used for programs that the Department (of Corrections and Rehabilitation) is required to provide.”
The legislation also proposes to give more discretion to individual prison wardens and prisoner advisory councils in determining how the funds could be used to best benefit the inmates of the respective institutions.
If the bill is approved by the Legislature and governor, it would authorize the IWF funds for athletic and recreational supplies, which currently is forbidden under state law.
The Legislative Counsel comments, “Under existing law, funds from the Inmate Welfare Fund are prohibited from being used for specified expenses, including overtime for staff, television repair, and athletic or recreation supplies. Under existing law, moneys in the fund, as they relate to state prison camps, are continuously appropriated. This bill would authorize the use of fund moneys for athletic and recreation supplies, and reentry programs, thereby making an appropriation.”
The analysis also reports: “Existing law requires the Department of Finance to conduct a biennial audit of the fund and, at the end of each intervening fiscal year, to prepare a statement of operations.”
Government Analyst Critical of Prison Plan
The independent Legislative Analyst Office says California could meet its court-ordered inmate population cap and save more than a billion dollars during the next seven years. However, the LAO cautions that the state officials’ recently released plan is more costly than necessary.
The LAO says the Legislature should consider much of the plan. However, the plan assumes the federal court will approve their request to increase the inmate population cap from 137.5 to 145 percent of design capacity. Prison officials should have a backup plan in case the court does not approve this request, according to the LAO.
The LAO offered six alternative plans — three if the federal court approves raising the population cap, and three if they do not — that could save between $54 to $159 million more than the state’s plan. The alternative plans involve reducing or eliminating out-of-state contract beds, rejecting the renovation of the DeWitt Nelson Youth Correctional Facility to house adult offenders, cancelling the $810 million in new lease revenue bond authority to construct additional low-security housing at three existing prisons, and closing the California Rehabilitation Center in Norco.
The LAO report concludes: “While the administration’s blueprint merits careful consideration by the Legislature, we find that there are alternative packages that are available to the Legislature. Each alternative, including the CDCR blueprint, comes with significant trade-offs to consider. However, we find that the state could meet specified population cap targets at much lower ongoing General Fund costs in the future than proposed by the administration, potentially saving the state over a billion dollars over the next seven years.”
Blueprint for Prison Future A Boost for S.Q. Programs
California’s blueprint for the future of its prison system proposes significant changes to programming at San Quentin. The plan would add nine new vocational training programs that would teach nearly 300 inmates skills that could help them find jobs once released. Prisoners’ housing would also be dramatically restructured.
If the plan is approved by the legislature and signed by the governor, it would be put in place gradually, beginning July 1, 2012.
Under the proposal, the new vocational programs would be building maintenance, computer literacy, and electronics. Current programs are machine shop and sheet metal.
Carpentry, high-voltage electricity, masonry, plumbing, and small engine repair are proposed to be added the following fiscal year. Another unnamed program will be added in the future.
Vocational programs could affect California’s high recidivism rate. One study shows that for every dollar spent on prison vocational training, prison costs are reduced by $13.01. The same report shows that even a small decrease in recidivism saves a significant amount of money for taxpayers.
San Quentin’s housing would be restructured in the following manner:
• West Block would house 674 Level II inmates
• Fire House would house 15 Level I inmates
• The Adjustment Center would house 102 inmates
• Alpine would house 371 Level II inmates
• Badger would house 371 Reception inmates
• Carson would house 96 Death Row and 137 Administratively Segregated inmates
• Donner would house 146 Level II inmates and 144 Administratively Segregated inmates
• East Block and North Seg would house 588 Death Row inmates
• North Block would house 621 Level II inmates
• H-Unit would house 750 inmates
Prison Not the Answer for Juvenile Offenders
Editor’s Note: The following story by San Quentin News sports editor Gary Scott was published in the June 5, 2012 edition of the New York Times. Scott was arrested at age 15 for second-degree murder and was sentenced to 15 years to life at age 17. He has served 14 ½ years. He works with at-risk youth and is studying toward an associate of arts degree.
Like many states, California allows youth offenders as young as 14 to be transferred from the juvenile system to adult courts. From there, most of the teenagers who are tried as adults and sentenced to life in adult institutions are placed in Level 4 maximum-security prisons that are extremely violent.
If rehabilitation is the goal for teenagers who are tried and sentenced as adults, then prison is not the answer.
This happens even though courts have said that juveniles are different from adults and in some situations must be treated differently. For example, in 2005, the Supreme Court banned the death penalty for juvenile offenders because “people under 18 are immature, irresponsible, susceptible to peer-pressure and often capable of change.” However, the justices have not yet applied this same logic when considering the sentencing and housing of juveniles in the adult system.
In my observation, the incarceration of young prisoners in adult prisons has an extremely destructive effect. Young prisoners are more susceptible to negative influences than adults. Facing the reality of their lengthy sentence and potentially never going home makes them seek protection and try to fit in somewhere in their new world. Because a juvenile’s identity is still developing, he or she can potentially adopt negative behaviors that are the norm in a hostile prison environment. The fear of being victimized or assaulted produces a need for security, which leads many young prisoners to rely on gangs and weapons for survival. Young prisoners overwhelmed by feelings of helplessness and hopelessness cannot focus on changing their thinking and behavior, because they are focused on how to survive. Younger prisoners are also at a disadvantage because they are not as mature (mentally and physically) as older prisoners. The suicide and sexual abuse rates of younger prisoners are higher than those of the physically mature. How can rehabilitation be possible in such a dangerous environment?
The only way to change the behavior of young prisoners is to provide them with the opportunity to gain insight into why they think and behave the way they do. If rehabilitation is the goal for teenagers who are tried and sentenced as adults, then prison is not the answer. There should be a different place for youth offenders. Prison is too violent, and the necessary programs that can contribute to young prisoners’ rehabilitation are underfunded. Rehabilitation is more possible in an environment that is conducive to education, where young prisoners can gain insight into their behavior to produce a positive transformation.
Marin County Grand Jury Focuses on Reconciliation
The Marin County Civil Grand Jury is calling for broader use of “restorative justice,” a law enforcement philosophy that emphasizes reconciliation over punitive retribution.
In a new report, “Restorative Justice: Its Time Has Come in Marin County,” the grand jury acknowledged that the practice strikes some as “soft on crime.”
But after studying its use elsewhere — in places such as New Zealand, Brazil, Vermont and major California cities — the grand jury said its expanded use in Marin could save the taxpayers money, reduce recidivism and ease the burden on courts, the county jail and Juvenile Hall.
“Expansion of restorative justice in Marin County — by schools, the adult and youth criminal justice systems, and neighborhoods and communities — must be undertaken,” said the grand jury, a 19-member investigative watchdog panel empowered by the judiciary.
Under the restorative justice approach, offenders meet with community facilitators and sometimes the victims, discuss the impact of their actions, and negotiate how to make appropriate amends.
The offender then has a chance to perform community service, make restitution or seek therapy for addiction or behavioral problems. If the offender meets the agreed-upon obligations, he or she can avoid prosecution.
“Proponents assert that this approach provides satisfaction to the victim as well as to the community affected by the crime and prepares the offender for a crime-free future in ways the traditional punitive justice system does not,” the grand jury said.
The report noted that some restorative justice programs have been instituted in Marin, with good results:
• Peer-to-peer “courts” and other initiatives at Del Mar Middle School in Tiburon, Davidson Middle School in San Rafael and the Novato Unified School District have reduced bullying and disruptive behavior, while keeping students in school rather than suspending or expelling them.
• The Marin County Youth Court, run by the YMCA with the backing of Marin Superior Court, puts misdemeanor offenders before lawyers and jurors of their own peers. Offenders who succeed with community service or counseling requirements can avoid having a criminal record.
• The Victim Offender Reconciliation Program, for offenders 12 to 17 years old, provides mediation between juveniles and crime victims, and lets the offender make direct amends.
• Adult drug court, family violence court and other special court programs, which seek to reduce offenders’ contact with the criminal justice system and keep families together.
But the grand jury said officials should do more. Among other recommendations, the report calls on the district attorney’s office to cut back on resource-consuming misdemeanor prosecutions in favor of diversion or citation hearings; the Board of Supervisors to provide funding for restorative justice programs and training; all Marin school districts to introduce restorative practices; and the sheriff’s department to initiate restorative justice programs at the county jail.
“Although the District Attorney’s Office provides mediation services and citation hearings for various civil and criminal disputes, it and the Sheriff’s Department appear to be significantly less supportive of expanded use of restorative justice techniques,” the report said.
Undersheriff Mike Ridgway disagreed, saying the county jail offers preparation for high school equivalency exams, English language instruction, addiction treatment, safe sex education and support groups.
“The sheriff’s office has long operated and supported programs within the Marin County Jail that attempt to address the reduction of prisoner recidivism and improve their chances for successful reintegration into the community,” Ridgway said.
The grand jury ordered formal responses from the sheriff, the district attorney, the public defender, the county superintendent of education, the Board of Supervisors, the county education department and the local school districts. They have 60 to 90 days to respond.
Defense attorney Charles Dresow, who handles many juvenile cases, said the grand jury “is absolutely right that the time for restorative justice has come to Marin.” He said the practice works, but even if an offender fails, prosecutors are still free to file charges.
“The filing of a criminal case can be catastrophic to a young adult’s job, education and future contribution to society,” Dresow said. “There is no need to derail a young individual’s future because they made a mistake in their youth.”
Defense attorney Tracy Barrett said the grand jury was correct to counter the notion that restorative justice is “soft on crime.”
“My experience is that there is actually far more accountability for defendants participating in those programs than there is for the defendant who is simply sentenced to jail time,” she said. “Ask any drug court graduate whether the program was easy. I’m sure you would get an earful.”
–This copyrighted story is reprinted with the permission of the Marin Independent Journal.
Initiative Said to Seek Original Intent of ‘Three Strikes’
A Three Strikes initiative slated for the November ballot is designed to reflect the voters’ original intent for the law, according to Geri Silva, the founder of Families to Amend California Three Strikes, a group that supports the initiative. She discussed the measure in May at the San Quentin Catholic Chapel.
Silva said the voters who originally passed the law were not aware they were sending petty offenders to prison for life. Under the existing Three Strikes Law, a defendant could receive sentences of 25 years to life for almost any crime — even minor, nonviolent crimes such as shoplifting or simple drug possession — if he or she has two prior serious or violent felony convictions. People have been sentenced to life in prison for shoplifting a pair of socks or stealing bread, Silva said.
The Three Strikes Reform Act of 2012 would amend the law so that only those with serious, sexual or violent third strike offenses, including using a firearm while committing an offense or possessing a large amount of controlled substances, will be behind bars for life. Defendants with prior convictions for any serious or violent felony punishable by life imprisonment, including child molestation, rape, and murder, will not be affected by the new initiative, even if their third strike was not serious or violent. A recent study by the non-partisan Legislative Analyst’s Office estimates the ballot measure could save more than $100 million per year related to prison and parole operations.
Silva said an estimated 3,000 inmates would be eligible to apply for a new sentence if the initiative passes.
She says the Reform Act has broad bipartisan support from law enforcement leaders like Los Angeles County District Attorney Steve Cooley, a Republican, and San Francisco County DA George Gascon, a Democrat; and a range of academics, civil rights organizations, and retired judges and prosecutors. Also supporting the measure is Grover Norquist, president of Americans for Tax Reform.
Silva concluded by saying she believes the Reform Act doesn’t go far enough, but her organization will support the bill and promote it in the months ahead through town hall meetings, rallies, candlelight vigils, forums at colleges and universities, churches and in communities across California.
FACTS was formed by small groups of local family members, which merged in 1997. FACTS has grown into the leading organization in the state fighting to change the Three Strike Law.
Lewis Murder Suspect To Stand Trial
After 10 months in a mental hospital, the accused killer of a prominent East Palo Alto community leader and former San Quentin inmate has been deemed competent to stand trial for the 2010 murder.
A San Mateo judge ruled in July 2011 that Gregory Elarms, 59, from Pittsburg, was mentally incompetent to face trial for the murder of David Lewis.
Elarms was sent to Napa State Hospital for treatment. Two doctors at the state mental facility reported in May 2012 that Elarms was now competent to stand trial.
This determination opens the door for San Mateo County District Attorney Steve Wagstaffe to proceed with the criminal case against Elarms.
Elarms is accused of shooting Lewis, his childhood friend, in a parking lot of the Hillsdale Shopping Mall in San Mateo on June 6, 2011.
After his parole from San Quentin State Prison, Lewis became a community leader, drug counselor and motivational speaker. He founded Free At Last, a drug treatment program in the heart of the city that at one time was called the “murder capital” of the country. Lewis also helped to create the “Breaking Barriers” cognitive behavior program that is used widely throughout the California prison system and in other states.
Lewis’ murder went unsolved for six months until Elarms implicated himself in the shooting, authorities said. Elarms told investigators he believed Lewis had turned against him, but that was not true “as far as police can tell,” prosecutor Al Giannini said.
Elarms is facing charges of murder, weapons violations and laying in wait, a special circumstance. Elarms faces a maximum sentence of life without parole because prosecutors are not seeking the death penalty.
‘Free to Succeed’ Works to Expand Prisoner Literacy
Improving the reading skills of incarcerated people opens up a world of opportunities for them and their families, says a community organizer of a volunteer-run literacy program.
“Helping someone read better is like tossing pebbles in a pond, except the ripples transform generations,” said George Dykstra, program director of the non-profit Free to Succeed.
Free to Succeed has been helping prisoners at San Quentin State Prison improve their reading skills for 15 years. The volunteers hope that once the students become better readers, they will earn their GED, which will allow them to enroll in San Quentin’s college program.
“I think if more people knew about the program, they’d participate in it,” said participant Stanley Durden. “Since I began the program seven years ago, I know that my reading has improved. All of the volunteers help me in different ways.”
“People feel better about themselves when they learn to read. They can pick up a book and learn new things,” said Jane Levinsohn, a volunteer for six years.
Volunteer Daniel Costello said he wants to do something about California’s high recidivism rate. He said the more education an inmate gets, the better his chance of not coming back.
Costello said better reading skills enrich the person’s ability to communicate with those around them.
“There’s a lot of Spanish guys who come in the class to learn English,” said Durden.
One of the newest volunteers is Chirag Dalibar. “I identify with people who want to get an education against overwhelming odds,” he said.
Dalibar, a native of Istanbul, Turkey, said coming inside San Quentin and working with prisoners is inspirational. “It’s hard to make someone understand what I get out of this experience,” he said. “It’s like food for my soul.”
Dykstra is seeking to add to his staff of volunteers. He says the recent influx of new inmates at San Quentin will quickly fill the open seats in the classroom.
The program is located in the Education Department and is open Monday through Friday from 6-8:30 p.m.
Study Shows Fear of Arrest, Jail Are Top Crime Deterrents
A new report says the best way to keep crime down is by increasing the certainty of arrest and incarceration, rather than the severity of the punishment.
The report evaluated how much the chance of arrest, imprisonment, the length of imprisonment had on property and violent crime rates in New South Wales, Australia.
A one percent increase in the arrest rate for property crimes produced a 10 percent decrease in those types of crimes. The same increase in arrests for violent crime produced a 19 percent decrease in violent crime.
If the one percent increase in arrest rates is sustained, the study concluded, the long-term effect is estimated to be a 14 percent decrease in property crime and 30 percent decrease in violent crime.
There was no evidence that increases in the length of imprisonment have any short- or long-term impact on crime rates.
The study was conducted by the New South Wales Bureau of Crime Statistics and Research.
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