The federal judge who ordered major improvement in California prison medical care has refused to end the receivership he imposed in 2006.
“Evidence of progress made under the direction and control of the receiver does not constitute evidence of [the state’s] own will, capacity, and leadership to maintain a constitutionally adequate system of inmate medical care,” U.S. District Judge Thelton Henderson wrote in a Sept. 5 decision.
He also wrote that state officials have “not always cooperated with, and have sometimes actively sought to block, the receiver’s efforts.”
Henderson said he’ll require tougher reviews than the state wanted before he would discontinue the receivership.
The state originally asked Henderson to end the receivership in 30 days. Henderson rejected that idea and the most recent request to dissolve it in six months.
The case arose from a prisoners’ lawsuit claiming prison healthcare was unconstitutionally poor and constituted cruel and unusual punishment. Henderson agreed. The U.S. Supreme Court upheld his decision.
The state responded with its realignment plan, which keeps low-level offenders in county jails, rather than sending them to state prison.
“The end of the receivership will be based on need and not within a specific timeline,” the receiver, J. Clark Kelso, said in a statement.
State officials said they respectfully disagree with the judge.
“The state has demonstrated through its progress in its medical delivery, and recent success in mental and dental health delivery, that it has the will, the leadership and capacity to resume full responsibility,” said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation.
Archives for September 2012
Ninth Annual Health Fair
Hundreds of inmates flooded the Lower Yard and gym for the ninth annual San Quentin TRUST Health Fair, lining up to learn how to live healthy lives in prison.
Inmates received testing for blood pressure and cholesterol, education on diabetes and nutrition, chiropractic services, and classes in Tai Chi, yoga and Qi Gong.
“The Health Fair began with just ten volunteers; today there are a hundred and eighty-three,” said Dr. Arnold Chavez, Ed.D., an Alameda County Public Health Department official.
The event was sponsored by the inmate self-help activity group Teaching Responsibility Utilizing Sociological Training (TRUST). Major contributions were provided by Elena Tootell, the prison’s chief medical officer, and Bay Area health care providers.
One of the most well-attended booths in the gym was run by San Quentin’s dental services, which offered information on oral hygiene, sign-up sheets for dental exams, and — the most popular perk — a free toothbrush, toothpaste and dental floss
“A lot of people are ignoring their dental health,” said Amir Zia, a San Quentin dental hygienist. “Dental disease can affect a person’s systemic health.”
The dental booth “helped me out a lot,” said Donte Walker, a 20-something inmate as he held his new toothbrush, toothpaste and dental floss.
The chiropractor station was also popular. The credo of the chiropractic profession, said chiropractor volunteer Ian Davis said, is “to give, to love, to serve just for the sake of giving, loving and caring, without the expectation of anything in return.”
“This is one of the most peaceful missions we do,” said Davis, who has participated in the Health Fair for the past three years.
First-time volunteer Adam Tedler, a chiropractor from Atlanta, Ga., said he didn’t know what to expect but found the experience “awesome” and full of “positive energy.”
Inmate Ed Ballenger said the long wait in line would be worth it. “I remember a back adjustment I had a couple of years ago; it was great,” he said.
Tai chi instructor Bob Franklin said, “The movements in tai chi are designed to work on the internal organs. The exercises help us remember how to use the body correctly.”
Dr. Tootell and prisoner Clinton Martin signed up inmates to a 16-week class in diabetes management. Participants are given electronic monitors to track their blood sugar level, which they can keep as long as they are housed at San Quentin.
Dr. Tootell said she is also seeking to hire a case manager to administer a program that will identify inmates who need follow-up medical treatment or clinical care.
Patient advocate Raney Dixon, R.N., lectured on the importance of having an advanced directive in place for inmates in case of medical complications. Advanced directives give doctors specific instructions in case an inmate is incapacitated or comatose and a care-giving decision has to be made.
Dixon said she was hired because of the Brown v. Plata court decision in 2004. She said there have been great improvements in the inmate health care; however, there is room to grow as long as people continue to suffer unnecessarily.
Transitional case manager Naomi Prochovnick supervised a Centerforce booth, providing inmates with pamphlets about hepatitis, HIV and AIDS.
Prochovnick has worked for Centerforce for two years. She said that the Affordable Health Care Act (Obamacare) “would be a fabulous thing.” However, she said, “California is ahead of the game” with programs such as Healthy San Francisco and Healthy Pact in Alameda.
Centerforce provided medical referral forms for prisoners scheduled to be released within the next several months. The Affordable Health Care Act will provide health services to those coming out of prison who would otherwise be left out of the system. “Hopefully, it will make it easier to extend health care services,” said Dr. Jonas Hines of the University California at San Francisco and San Francisco General Hospital.
Dr. Emily Hurstack said doctors from UCSF came to the Health Fair because they have an “interest in working with patients who historically do not have access to health care.”
Inmate William Blanchard, visiting his first Health Fair, said he didn’t mind the long lines because his “health is worth it.”
Inmate David Jenkins said, “Everybody should want to stand in line for their health.”
Axel and Claudia Debus lectured inmates about the benefits of meditation and controlled breathing techniques, noting that they could provide an alternative response to potentially explosive situations. “When someone gets into your face, it allows a different reaction than fight or flight,” said Claudia.
Often people think they are too busy to practice meditation, said Axel. But, “inside prison, people have an opportunity to develop themselves.” If they adopt a practice of meditation and stress reduction techniques, a person will usually “take on a new attitude on things,” he added.
Another volunteer, Salamah Locks, a recently retired Navy commander, was visiting San Quentin for the first time. “It won’t be my last,” she said. “I’m more than happy to share my skill and knowledge.”
A local resident and doctor of philosophy student, Locks came in with the Black Nurses Association, a group that is dedicated to helping others. Locks noted, “Prison is not a healthy environment for longevity,” adding, “I’m very much impressed with the TRUST Fellows.”
Correctional Officer Chattman said it first seemed like “controlled chaos” as nearly the whole mainline population turned out for the event. The popularity of the annual fair created a bigger security concern for correctional staff this year due to the influx of new prisoners from other prisons.
Some officers perceive the Health Fair as something “above and beyond” what is ordinarily proscribed for prisoners, Chattman explained, but “if the inmate learns something about taking care of themselves, it benefits the whole system, even the COs.”
One of the highlights of the event was presentation of Giraffe Awards to three community volunteers: Kathleen Jackson of TRUST, Leslie Schoenfeld of Healthcare Frontier and Mildred Crear of the Bay Area Black Nurses.
“Kathleen sees the beauty in every living soul,” Chavez said as he handed the crystal plaque engraved with a giraffe.
“It’s the only time in my life, I’m tall,” said Jackson.
Chavez explained the award analogizes the advantage of being a giraffe:
The giraffe has the largest heart of all land animals. It is a caring animal.
The giraffe has never been on the endangered species list.
The giraffe has every color in the rainbow in its hide — reflective of every culture.
If a giraffe were put in a box with other animals, its head would stick outside the box. So, the giraffe can think outside of the box.
The tallness of the giraffe enables it to see afar — giving it the ability to plan into the future.
The giraffe is a good fighter. If attacked, the stronger animals form a circle to protect the weakest.
Building Named In Honor of Lewis
David Lewis spent many years turning his life around, and helping other convicts and ex-cons get their lives on track. The East Palo Alto City Council honored him by naming a social service building The David Lewis Reporting Center.
The 54-year-old father of four was murdered in 2011, years after winning parole from San Quentin.
Lewis is best known for his fight against substance abuse when he co-founded Free at Last in East Palo Alto. His role with Free at Last gave him recognition as a certified master facilitator.
He worked with a variety of people, from substance abusers to former San Francisco Mayor Willie Brown to former President Bill Clinton.
Lonnie Morris, a current San Quentin inmate, said he met Lewis in the early ‘80s. Lewis was serving a 10-year- to-life sentence.
Morris said he remembers the day Lewis told him how the 1989 Loma Prieta earthquake changed his life.
“David and I were standing in the South Block Rotunda,” Morris said “We ran out because we thought the air-ducts were going to fall on us.”
Morris said the correctional officers went to the upper yard, leaving several inmates in their cells unattended. “‘I’ve got to stay out of here,’” Morris said Lewis told him. “’I don’t ever want to be in a situation where someone has so much control over my life,’” Lewis concluded.
Julie Lifshay recalled working with Lewis in a San Quentin self-help program called Breaking Barriers, which teaches participants to change their thinking by using a cognitive reality model.
“He was training us on the Breaking Barriers concept,” said Lifshay. She added that the newly named building “keeps his name and spirit going.”
The building at 2277 University Ave. offers ex-convicts assistance in re-entry.
Lewis’s name will appear on all relevant documents, signs and materials, according to a resolution passed unanimously by the East Palo Alto City Council.
Acting City Manager Ron Davis said Lewis’ leadership gave credibility to the program, which provides housing, substance abuse treatment and job training and placement to released prisoners, reported the Palo Alto Daily News.
Gregory Elarms, 59, a childhood friend, is accused of the killing. He was recently found mentally competent to stand trial.
Literacy Program Celebrates 13 Successful Years at S.Q.
Community volunteers and prison educators shared hamburgers and pizza with inmates to celebrate a literacy program’s 13th annual Student Acknowledgment Night.
“In order to connect and be an effective member of the community, education is paramount,” said Tom Bolema, San Quentin literacy coordinator and chief sponsor of a literacy program called Project REACH (Reaching Education Achievement and Change with Help). “Getting a GED is a meaningful accomplishment, and the gateway to a higher education.”
About 25 prisoners are enrolled in the program, which Bolema took over two years ago when its sponsor, Debra Shelton, retired. She attended the event to offer her continued support.
The program was founded in 1999 when Jane Curtis collaborated with San Quentin inmates with high school diplomas or GED certificates who wanted to help other inmates prepare for GED certificates. New inmate tutors are trained by Madeleine Provost of Marin Literacy Library.
Supplemental classes are held Tuesdays and Thursdays nights, led by community volunteers Jacqueline Nelson, Kony Kim, Nicole Lindehl, Yvette Copper, June Fesler and Carly Stair.
“The students are incredibly dedicated,” said math instructor Sue Pixley. “A lot of students pass the GED test, and then return as tutors to help others improve themselves.”
“I was fortunate enough to go through PUP (Prison University Project). and that experience changed by life,” said program Chairman Bobby D. Evans Jr. “Now Project REACH has given me a way of giving back,”
“My motivation to be involved with Project REACH is the zeal to help others achieve greatness and for me to be an example to youngsters who want an education,” said Kevin Carr, secretary of the group who has been with the program since 2007.
Danny Cox said working as a project tutor has given him the opportunity “to enrich others’ lives as well as to make sure every individual who pursues a GED can accomplish their goal.”
Changes To Juvenile LWOP
The California Legislature has approved a bill giving prisoners sentenced as juveniles to life without parole a chance to one day be released.
Gov. Jerry Brown has not indicated whether he will sign or veto the bill.
The measure, SB 9, would allow such prisoners who have served at lease 15 years to ask a judge to reduce their sentence to 25 years-to-life if the inmate has shown remorse and is working toward rehabilitation.
Sen. Leland Yee, D-San Francisco, says his bill recognizes that young people do foolish things but change as they age. Sen. Joel Anderson, R-La Mesa, called the bill “absolutely outrageous.”
Insufficient Funding Leads to Slow Death Penalty Appeals
Inadequate funding of capital defense attorneys has drastically slowed the appeals process in some states. The result: overflowing Death Row populations, including California’s, reports show.
A 2008 report evaluating California’s death penalty found “to achieve the goals of justice, fairness and accuracy in the administration of the death penalty in California, and reduce delays at least to the national average, there is urgent need to increase the funding at every level: trials, direct appeals and habeas corpus review.”
A commission that included Gov. Jerry Brown, then attorney general produced the report.
In Kentucky, capital defenders, investigators, and mitigation specialists are “routinely overworked and underpaid, carrying caseloads ranging from 12 to 25 capital cases at any given time,” according to a report in The Augusta Chronicle.
Kentucky’s capital defenders complain that heavy death penalty caseloads caused 50 of the 78 cases to be overturned on appeal. Public Advocate Ed Monahan said he believes the reason is defenders had inadequate time to complete their cases before trial.
The American Bar Association says a capital attorney can handle a maximum of four death penalty cases at a time. However, in Georgia, court papers show that defenders often handle more than six. “Current funding levels in Georgia, capital trials have resulted in seven death penalty verdicts out of 125 cases since 2005,” according to the Augusta Chronicle. In five cases, the district attorney withdrew death notice, and in one case, a client died in custody. There remain 51 cases pending in Georgia, the report said.
Pennsylvania has twice the Death Row population as Georgia. There, capital defenders are paid based on a 15-year-old fee schedule, which a Philadelphia judge recently ruled was “woefully inadequate.”
“I think ultimately, there’s no such thing as death penalty on the cheap,” said Richard Dieter, executive director of the Death Penalty Information Center.
Prisoner Activists Adopt a Green Life
A group of San Quentin prisoners is learning how to protect and preserve the environment.
“They are clear that in order to do this, they need to understand the environmental implications of their actions and learn viable alternatives,” said the program’s chief sponsor, Angela Sevin. “They, their families, and members of our communities all depend on the skills they will gain through this project.”
Twice a week Sevin ventures inside San Quentin State Prison to help organize about 25 inmates in the eco-literacy program.
The idea came from an April 2009 San Quentin lecture by environmental activist and leading voice for a green economy, Van Jones.
Jones’ lecture was a catalyst to form The Green Life program at San Quentin.
The program is seeking ways to fix some of earth’s toughest environmental problems, says Sevin.
Sevin works with a worldwide environmental expert, Pandora Thomas, along with inmate facilitators to teach environmental sustainability and self-sufficiency to the program’s participants.
Inmates share examples about how to integrate sustainable practices into their lives and the lives of their loved ones. Inmates also develop individual projects — including the greening of San Quentin by supporting prison’s recycling program, and performing a water and food audit.
The program’s mission works as “a collaboration of solutionaries from inside and outside communities that inspires and awakens our connection to the earth and each other, by contributing to individual, community and global transformations.”
The Green Life is scheduled to graduate its first class in November. It is also planning to stage a Green Fair.
State Losing Fire fighting Resources
INMATE FIREFIGHTERS SENT TO COUNTY LOCK-UPS
The state is about to lose a very valuable and crucial weapon in the fight against wildfires, prison officials warn: inmate firefighters.
Within the next year, the number of state prison inmates that are available to battle wildfires will be reduced dramatically, various news media report, including the San Francisco Chronicle.
This drop-off is the result of Gov. Jerry Brown’s realignment plan, which shifts some of the responsibility for housing some prisoners from state prisons to county jails. The shift impacts low-level offenders, who make up the bulk of inmate firefighter crews.
FIRST RESPONDERS
Inmate firefighter crews are, oftentimes, some of the first responders when a wildfire erupts, state fire officials say. These inmates are volunteers who are specially trained to perform essential firefighting duties, such as create fire containment lines.
Presently, there are approximately 4,000 inmates who have received this training, but officials with the California Department of Corrections and Rehabilitation (CDCR) said they expect to lose approximately 1,500 of those inmates by June 2013, since more inmates will remain in county jails instead of being sent to state prison.
Daniel Berlant, spokeman for the state Department of Forestry and Fire Protection, recognizes the value of these men and women. “They’re able to provide a large workforce,” he said in a Chronicle interview. “Oftentimes, we have just as many, if not more, inmate firefighters on the fire line than regular fire crews.”
INACCESSIBLE
Those inmate firefighters have been an important element in battling several recent large-scale fires throughout the state. Inmate firefighters were instrumental in containing the Robbers Fire, which burned 2,650 acres of steep terrain in the American River Canyon, Berlant said. The fire was inaccessible to bulldozers and using fire-retardant chemicals was not an option since they could runoff into Folsom Lake, part of the California water system.
Berlant added: Most of the work creating fire-lines was done by over 800 inmates using chain saws and hand tools. The fire forced many residences to evacuate and endangered 170 homes. But, because of the inmate firefighters’ efforts, only one house and four outbuildings were destroyed. More than 2,500 inmates fought fires in several other California counties, including Los Angeles, San Diego, Lake, Mendocino and Napa.
State officials are currently negotiating with county sheriffs to have counties pay the state to house its inmates in CDCR fire camps and still enable them to perform this vital function. However, according to Dana Simas, spokeswoman for CDCR, the discussions have not resulted in an agreement as of the end of August. There are 42 conservation fire camps throughout the state, allowing inmates to respond quickly to an emergency.
OTHER DUTIES
Inmates also handle other duties when not fighting fires, such as clearing brush and vegetation, and performing community service projects, such as restoring historic structures and upkeep of local parks.
The point of contention between the counties and CDCR is the amount CDCR wants sheriffs to pay in order to house the inmates. Nevada County Sheriff Keith Royal said state officials and county sheriffs are negotiating a deal where the counties pay the state $46 per person to house inmates in the camps. However, Royal, who is the president of the California State Sheriffs’ Association, doubts many of his counterparts will opt into the program.
Campaign to Stop Transfers Sparks Plea to State Leaders
Opposition has surfaced to transferring most of the prisoners in a popular program at California State Prison at Lancaster.
More than three-quarters of the men who partake in the Honor Program/Progressing Programming Facility at Lancaster are being shipped away to other less well-functioning prisons, according to the report.
The program was created in 2000 by prisoners and non-custody staff with the desire to lower violence, crime, racism, and drug use, according to a report issued in 2007.
Hundreds of friends and family members of the men have launched a campaign to save the program in the only state prison in LA County. A petition opposing the transfers has been sent to Gov. Jerry Brown, legislators, policymakers and top prison administrator Matthew Cate, the report says.
Friends and families are reported as saying these transfers are imposing needless hardships. Furthermore, critics say they waste money. Transfers jeopardize the stability of a program that should be the template for future corrections in California, critics say. The transfers will result in the collapse of the only fully functioning maximum security prison in a dysfunctional prison system, the report said.
To view the documents visit www.prisonhonorprogram.org. Interested persons can send emails to prisonerprogram@hotmail.com.
Faulty Lab Testing Spurs Review of Convictions
Federal officials are reviewing convictions based on potentially flawed hair sample lab analysis.
The concern surfaced when The Washington Post reported two cases where men were convicted based on faulty hair sample tests by the FBI lab.
The Innocence Project, an advocacy group that works to exonerate wrongly convicted persons, will provide an independent, third-party oversight of the review. National Association of Criminal Defense Lawyers will also assist in the review.
The effort is “a step in the right direction,” said Michael R. Bromwich, a former Justice Department inspector general, quoted in an AP report.
- 1
- 2
- 3
- 4
- Next Page »