San Quentin News

Written By Inmates - Advancing Social Justice

Court finds support for re-sentencing un-persuasive

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A sentencing court denied the head of the California Department of Corrections and Rehabilitation’s recommendation that it reduce Juan Felipe Melendez’ 16-year sentence due to good behavior.

“I felt terrible because my mom was there,” Melendez said. “The time has been harder on her than me. Every time I talk to her, she’s crying.”

California Penal Code 1170(d) 1 gives CDCR, District Attorneys, the Board of Parole Hearings and County Correctional Administrators the power to recommend that a court re-sentence an incarcerated person to lesser time for reasons like exceptionally good conduct, retroactive changes in sentencing laws and for unauthorized sentences. However, the court does not have to heed the recommendations and in many cases, have not.

CDCR numbers show that as of Feb. 26, 2019 about 52% of its recommendations received a lesser sentence. The department has only issued 34 letters of recommendation for exceptional conduct.

Melendez went before Santa Rita County Judge David A. Cena, with more than 50 letters of support. He says the first letter he received was from the head of CDCR, Secretary Ralph Diaz.

“I was thrilled,” Melendez said. “I was doing all these things because it was the right thing to do. I never expected to get any recognition from CDCR, but the fact that some- one was paying attention made a big impact on me.”

Other supporters, aside from family members, who sent in letters or came to testify on Melendez’s behalf included 26 formerly and currently incarcerated people.

“I can speak personally to the transformation that I saw firsthand and the impact that he had on me as a person,” testified Marlin Jeffreys, who served time at Solano with Melendez. “For two semesters, Juan Felipe continually took time out of his day to help me study and learn algebra.”

Besides tutoring, Melendez said he took every group available at Solano Correctional Facility, including Victim Awareness, Anger Management, Personal Transformation, Alterative to Violence, CDCR Psychology department Cognitive Behavior class, Prisoner’s Outreach Program (helping at risk youth), and Peer Health. Additionally, he said he’s a thesis away from getting a Master’s Degree in Humanities and another in Political Science from California State University at Dominguez.

With everything going for Melendez, he believed he was going home and gave away his TV, hotpot and radio. Plus his 74-year old mom, Maria Christina Navarrete, who is a history professor and author, flew in from Columbia for the hearing.

“She was really hoping and certain that with so much sup- port, he (the judge) was going to let me go,” Melendez said. “She came on the very last day because she wanted to be there when I got out.”

The judge who held Melendez 1170(d)1 hearing was the same judge that presided over the armed robbery charges from 2006. Also at the hear- ing was the man who Melendez robbed of an expensive watch with a .22 Cal gun. No one was physically hurt and the watch was never recovered.

Melendez, who then worked at Applied Materials where he was an employee of the month, was arrested for the crime three years later. Police found the .22 inside Melendez’s home with several parts missing from inside, which made it inoperable.

The sentencing court originally gave Melendez a total of 16 years, which included a 10 year enhancement for using a gun in a crime, for his first arrest and conviction.

More than 20 people showed up in court at the 1170(d)1 hearing to speak on behalf of the 42-year-old Melendez.

“We were just hoping he’d take one of the enhancements off,” Melendez said.

The victim spoke against Melendez’s early release.

“I was devastated,” Me- lendez said. “When I had to speak, I was kind of torn, but I said I would like to address the victim. It’s horrible that the burden that I imposed on him is still weighing down on him.”

The sentencing court denied Melendez’s re-sentencing request due to “The planning and sophistication in pretend- ing to buy a watch, then taking the watch.”

Golden opportunities arise from California’s recent changes in sentencing

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Craig “Qadree” Birch, 53, was serving a term of 40-years-to-life under California’s Three Strikes Law before his sentence was recalled by the sentencing court for his “exceptional conduct.” Under the newly passed Assembly Bill 2942, he was re-sentenced to 27 years and paroled from San Quentin in May.

Birch was arrested in September 1994 in Sacramento County and convicted in March 1995. He served 24 years and eight months for a first-degree burglary with enhancements for prior prison commitments.

“It’s a learning experience on how I was able to go into the court system with no thought of what I was facing.” He said he didn’t think he’d serve that much time under the Three Strikes Law, but admitted, he wasn’t fully aware of the law when it passed.

“At the time, even though they had the law, I didn’t care because I was going to continue on the path of committing crimes,” said Birch. He was 28 back then and was think- ing and acting as a person who was in favor of crime. He never considered the consequences. “I was in that mode (don’t care about self, law and order, rules and regulations) and I wanted to stay there.”

While serving time in another prison, he said it was an older inmate who convinced him to take a look at his life and asked him if he wanted to be a hardened criminal, or change the way he thinks, “into a positive, a constructive individual.”

“I was introduced to one of my first programs in Lancaster State Prison called Self-esteem,” said Birch. “It built up my confidence level because I had low self-esteem about myself. From that point, I went into the substance abuse program to learn about my past addictive behavior, to get knowledge about why I was committing crimes.”

Along the way, Birch said he took the course Office Ser- vices and Related Technology, and then a computer technical course at Lancaster. He said he kept going to prison libraries to read and research the law, and he became a practicing Muslim to follow the tenets of Islam.

“Those played a major role in my transformation,” said Birch, who wasn’t a follower of Islam before he came to prison. His Islamic name, Qadree, means “One who can achieve.”

Birch continued to focus on self-development. “At Folsom [State Prison], I continued on the path with motivational development, and Tai Chi. I took peer education, healthy living, and I started my first college course.” He said the prison had an Employment Development Department course that taught him how to write “winning resumes,” and how to communicate in interviews with potential employers.

“It continued on when I came to San Quentin,” said Birch. “I’ve participated in the ARC program, Making Good, Anger Management, CGA, and Restorative Justice.” He also took a class in investment planning.

“I stayed working in different assignments to keep me busy,” said Birch. At 3:00 a.m., he got up to work in the prison’s kitchen, but it was his education that consumed his time.

Through Lassen Community College, Birch completed Sociology I & II; Psychology I, II and IV; Philosophy/World Religion; Anthropology; Humanities I & II; Pharmacology; U.S. History (before and after the Civil War); three English courses; three Math courses; Food & Nutrition; and a Health class.

“If you don’t have your high school education, get it and choose a career other than prison.”

Coastline Community College offered Birch courses on Introduction to Business, Personal Finances, Management, and Organization Skills.

“I’m going to continue to work and continue on with my college education,” said Birch. He’s one class short of earning his Associate of Arts degree. “I still have plans to run a small business that deals with retail and clothing. I’m just a little nervous.”

Initially, Birch said he filed for recall of his sentence directly to the district attorney’s office in Sacramento County where he was convicted. “I didn’t receive a response from the DA,” he said.

Believing the California Department of Corrections and Rehabilitation (CDCR) and the court that sentenced him would recognize his effort to rehabilitate himself, Birch said he wrote to the CDCR Secretary to ask what the procedures were to file for a recall of sentence under Penal Code 1170(d).

“The secretary of CDCR, without my knowledge, filed an 1170(d) about me being re- sentenced,” said Birch. “My counselor advised me of it by calling me in to advise me of it in the month of February.”

Before going back to court, Birch said two correctional officers wrote him letters of support, and four CDCR staff members wrote him letters. This, he said, was because they’d viewed his behavior and conduct over the years and got to know the man and not his crimes.

Birch was a young man when that OG [slang in prison vernacular for “original gangster”] convinced him to redirect his path on a positive course. Now he’s following the old mantra “each one, teach one.” His advice to the younger inmates: “If you’re in society, either go to college, learn a technical skill. If you don’t have your high school education, get it and choose a career other than prison.”

California’s out-state prisoners brought back

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The California Department of Corrections and Rehabilitation announced that it has ended the practice of housing prisoners in out-of-state facilities.

But San Quentin inmates who have served time in private lockups say those prisons are much better than California institutions, even though they dislike the separation from their families.

“I was pissed off when I found out I was coming back to the state. Prison out there was much better,” said inmate Michael “Kofy” Taylor. “The overall feeling was better out there. The living quarters were much more comfortable,” Taylor said, in agreement with the general sentiment among the several other San Quentin inmates interviewed, “Those facilities weren’t overcrowded like the ones in state. The cells were so big there. They were actually comfortable for two men to live in.”

The last California inmates housed out of state recently returned from La Palma Correctional Center in Eloy, AZ—a private prison facility run by CoreCivic. CDCR said it will not renew its contract with the private prison corporation.

“This is a historic day for CDCR, as the department has ended its reliance on out-of-state facilities, thus ending an era that began 13 years ago at the height of California’s prison overcrowding crisis,” said CDCR Secretary Ralph Diaz in a press release.

California’s out-of-state prison population peaked in 2010 with more than 10,400 inmates housed in private facilities located in states such as Mississippi, Tennessee, Arizona, Oklahoma and Michigan. The practice originally began in order to help alleviate the overcrowded state prison system—which was operating at more than 200 percent of its design capacity.

“The use of out-of-state facilities was always meant to be a temporary solution to the significant prison overcrowding we experienced in the mid-2000’s, and due to meaningful prison reforms, we have been able to bring our inmates back to California and closer to their families,” Diaz said.

This is a major step toward fulfilling Gov. Gavin Newsom’s promise to reduce the Golden State’s reliance on out-of-state and private prisons.

California’s historic change comes as the private prison industry is under nationwide scrutiny, accused of placing profits, rather than public safety, as its main goal. But some SQ prisoners who were housed at these facilities disagree.

“Out-of-state prisons are a well-oiled machine. They are pro inmate,” said Patrick Ryan, H-unit Men’s Advisory Council Chairman. He was housed out of state for two years at La Palma Correctional Facility in Arizona and North Fork Correctional Facility in Oklahoma, both owned and operated by Corrections Corporation of America, now known as CoreCivic.

“Out-of-state prisons were amazing. The cells were huge, we got three hot meals a day delivered to your cell, canteen delivered to your building, ice machines, microwaves, three 65-inch TV’s in the our experiences, thoughts, emotions and feelings into words.”

“Getting a visit wasn’t more difficult for me,” said Ryan , “I’m originally from Florida, but I also have a house in Southern California. In both instances, Oklahoma and Arizona, it was closer for my family to visit me than it is now that I’m at San Quentin. But for most guys, it was further for their family to come visit out of state.”

“Medical was very slow there,” Ryan said. He was asked about any drawbacks to being incarcerated out of state in a private facility: “The 602 (inmate appeal) process was horrendous; it was slow because we had to mail them back to California. They weren’t done in-house.”

San Quentin resident Taylor said that it feels great to be back closer to his family, but he preferred the living conditions in the out-of-state facilities. He was housed out of state at Florence Correctional Facility in Arizona, Tallahatchie County Correctional Facility in Mississippi, and La Palma Correctional Facility in Arizona before being transferred to San Quentin four years ago.

“I did get a visit from my parents while I was out of state. My parents were coming to Mississippi for a family reunion so they happened to stop by and visit me,” said Taylor, ” “I’m from San Francisco, so it should be pretty self-explanatory that it’s a lot easier for my family to visit me here.”

CoreCivic’s founder, Terrel Don Hutto, according to TIME Magazine, ran a cotton plantation the size of Manhattan in the 1960’s, which operated mainly off of unpaid, Black convict labor. He then went on to found Corrections Corporation of America, now known as CoreCivic, one of the largest private prison operators in the nation.

Other states, such as New York, have taken measures against private prison corporations, according to an article in Forbes. The state of New York is prohibiting private prisons from operating within the state and divesting its state pension funds from CoreCivic and GEO Group (another large private prison operator). Latest legislative efforts are attempting to prohibit banks chartered in the state of New York from “investing in and providing financing to private prisons.”

Inmate Taylor shrugs off such financial issues. “They’re making money off of us right now, so knowing that they’re making money off of us through the private prison operators is no different. At least we were comfortable out there,” Taylor said. “The only thing better about being back in a prison in Cali is that I don’t have to put my family through the hassle of traveling half-way around the country just to hug me.”

State auditor reports CDCR has been unsuccessful in rehabilitation needs

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State Auditor Elaine Howle
State Auditor Elaine Howle

A new study by California’s state auditor reported that the California Department of Corrections and Rehabilitation (CDCR) has failed to meet the rehabilitative needs for more than half of inmates released.

The study indicated that the CDCR has been unsuccessful in its efforts to place inmates in proper rehabilitation programs. This situation leads to many inmates paroling from prison without needs being met that contribute to high recidivism—reintegration being the most problematic.

“Corrections has neither consistently placed inmates on waiting lists for needed rehabilitation programs nor prioritized those with the highest need correctly,” State Auditor Elaine Howle reported. “Although the number of inmates housed in state prisons has decreased in recent years, recidivism rates for inmates in California have remained stubbornly high, averaging around 50 percent over the past decade.”

The report found that in fiscal year 2017–18, Corrections failed to meet the rehabilitative needs of 62 percent of the inmates who’d been assessed at risk to recidivate.

California defines recidivism as conviction of a new crime within the three year period after individuals are released from custody.

“Because the Legislature provided Corrections with a significant budget increase so that it could expand rehabilitation programs to all prisons in the state, it is vital that Corrections demonstrate that the additional investment was worthwhile,” Howle said in a letter to Governor Gavin Newsom and lawmakers.

The state’s rehabilitation budget went from $64 million in 2013 to about $300 million in 2018, according to Courthouse News Service (CNS).

“We take the state auditor’s findings seriously and have already implemented, or are in the process of implement- ing, most of the recommendations,” stated CDCR press secretary Vicky Waters in an email to CNS. Waters’ email also noted the data used in the audit predates the department’s expansion of rehabilitation programming and new methods used to assess the success of those programs.

The 71-page audit, published in January 2019, stated that the CDCR’s “poor administrative practices have hindered reductions in recidivism and denied inmates access to in-prison rehabilitation programs.”

According to the report, inmates may not be receiving needed rehabilitation pro- grams because the CDCR is having difficulty fully staffing the programs at all of its prisons.

The audit asserted that the department needs to collect additional data and take steps to ensure it delivers cognitive behavioral therapy (CBT) programs to inmates in all of its prisons. But the report also concluded that inmates who completed these in-prison programs “recidivated at about the same rate as inmates who did not complete the programs.”

“The audit only analyzed one type of rehabilitation program known as cognitive behavioral therapy and did not analyze any restorative justice programs or victim awareness programs,” wrote Adnan Khan in CALmatters. He paroled from San Quentin earlier this year after spending more than 15 years locked up.

Khan wrote that his rehabilitation benefits came from San Quentin’s college program and the self-help groups he attended. He said these programs were not funded, nor run by, the CDCR. “Rather, they were provided by nonprofit grassroots organizations and volunteers who would come in (to the prison) weekly to support us.”

Unlike many CDCR prisons, Khan wrote, “San Quentin had a rehabilitative culture.” But he also pointed out that a culture of power and control hovered “like dark clouds.” Contributing to this culture are random searches, pat downs, abusive control- ling language and verbal disrespect which “reminded us constantly that we were incarcerated, a separate class that, in the view of some, is not fully human.”

In response, Michele Hanisee, the president of the Association of Deputy District Attorneys, said, “If we are releasing more people from prisons and jails and the recidivism rate is the same, as the audit shows, the effort is a disaster.”

Upon arrival at a state prison reception center, incarcerated individuals have their rehabilitative needs assessed and the information is used to place them in necessary classes.

San Quentin resident Emerald “Nunu” Kemp-Aikens is involved in the substance abuse disorder treatment program, but he does not believe that he needs to be enrolled. “On the street, I don’t do drugs except weed,” he said. “They assigned me ’cause I told them I smoke weed in that packet in reception. In the class there’s a bunch of guys talkin’ ’bout crystal, heroin—stuff I don’t do.”

The first tool, the California Static Risk Assessment (CSRA) score, is derived from a person’s prior criminal history. The second, Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), mea- sures an incarcerated per- son’s need for Cognitive Behavioral Therapy (CBT) and vocational education. Finally, Tests of Adult Basic Education (TABE), measures an inmate’s need for academic education programs.

Although the TABE test was validated by an outside agency in 2017, COMPAS has not undergone review since 2010 and CSRA had not been reviewed since 2013.

“One potential reason why our overall analysis did not find that CBT rehabilitation programs are related to reductions in recidivism is that Corrections has not revalidated the accuracy of the tools it uses to assess inmates’ rehabilitative needs since recent statutory changes caused a major shift in the State’s prison population,” the report stated.

Underutilization of enrollment capacity is another factor identified in the report, with a three-prison review re- vealing that, on average, only 76 percent of the seats in CBT classes are occupied.

Despite the criticism and low enrollment rates, the CDCR has expanded CBT, academic, and vocational programs to all 36 state prisons. The CBT programs introduced consist of four classes: Substance abuse dis- order treatment, anger management, criminal thinking and family relationships.

In 2011, federal courts ordered California to reduce its prison population to 137.5% of prison design capacity. Since then, changes in the law such as AB 109 “Re-alignment,” Propositions 36, 47 and 57 have afforded many inmates the opportunity for early release.

“The prospect of early release of dangerous prisoners who haven’t undergone any meaningful rehabilitation is positively unnerving,” said Hanisee.

The audit made recommendations “to ensure that inmates with the highest risks and needs are wait-listed, prioritized, and assigned appropriately.” It said the CDCR should do the following:

• Require correctional counselors to place inmates onto waiting lists once they have five years or less on their sentences.

• Update its waiting list system to prioritize inmates with rehabilitative needs and risks in its target population.

• Assign inmates to reha- bilitation programs in accor- dance with its policies.

In a statement, CDCR press secretary Vicky Waters said rehabilitation will continue to be a top priority to make sure inmates get the skills and education they need to transition back to their communities, CNS reported.

Ronald Joseph Lum Jr., a participant in San Quentin’s substance abuse disorder treatment and anger man- agement classes, offered his observation that since his teacher Ms. Rivera left the program, the instructors have been inconsistent.

Lum said, There has been a revolving door of fill-in teachers who are not familiar with the curriculum, so the flow of the curriculum has been disrupted. Because of that, some students in the class are helping to guide the class forward.

“The group never knows where we’re going to start or continue in the curriculum day to day,” Lum explained, “[So] the people who are taking the group seriously take control of the group and continue with the curriculum.”

Although the state of rehabilitative programs in California state prisons could use improvement, some incarcerated people say they undeniably benefit from CBT programs.

“I feel that these classes will keep me from coming back to prison,” Lum says. What he’s learned in these programs has taught him why he came to prison in the first place. “I’m greatly and highly honored and privileged to have these classes.”

Aron Roy Contributed to this story

Landmark Prop.57 ruling: In re McGhee

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Petitioner Tijue Mcghee with his legal guide Rudy Wilkins
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.”

Californians divided over results from criminal justice reforms

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A debate is growing on the impact of criminal justice reforms in California. Widely differing views are surfacing on reforms approved by California voters in recent years.

That includes Proposition 47 in 2014, that reduced some crimes from felonies to misdemeanors; Proposition 57, which passed in 2016 and allowed prison officials to decide which nonviolent felonies could be reduced to misdemeanors (under Proposition 47), and a 2018 measure allowed many defendants to be released without bail pending trial.

Opponents of reform argue that California’s new laws are to blame for increases in certain categories of crime or short-term fluctuations in rates of violent crime. The opponents include state police unions, court employees, some district attorneys and politicians. They blame early release initiatives for violent episodes of recidivism, according to the Jan. 21 New York Times.

Ironically, overall crime rates have reached lows not seen since the 1960s, the newspaper reported.

“Proposition 47 has nothing to do with violent crime,” said Charis E. Kubrin of UC Irvine. She is one of the researchers in a study that found no link between Proposition 47 and violent crime.

The study uncovered increases in larceny and auto thefts, but Kubrin and her co- author, Bradley J. Bartos, did not conclude that Proposition 47 was the cause.
The Los Angeles Association of Deputy District Attorneys criticized the study, adding that Proposition 47 had “arguably failed,” due to increases in crime.

“important to understand that we are in a historic decline… we are safer than almost at any time in history”

Last year, former Attorney General Jeff Sessions warned of a “staggering increase in homicides.” Violent crime did rise in 2015 and 2016, yet, when FBI figures were released, they showed violent crime had decreased in 2017. This is why some researchers and activists say that criminal justice policies should not rely on annual fluctuations, the newspaper reported.

“Year-to-year fluctuations don’t really tell you much,” said Rob Smith, executive director of the Justice Collaborative. He also told the newspaper that it’s “important to understand that we are in a historic decline…The reality is across California and across the country, we are safer than almost at any time in history.”

In California, law enforcement unions, bail bond companies and other groups are pushing measures to define new crimes as felonies and repeal the state’s recent cash bail reform.

More credits offered under Prop 57

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“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.

Veterans’ toy drive is “all about the kids”

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Toys collected for the Veterans’ Toy Drive in the SQ visiting room

It was toys and smiles all around as dozens of children came to visit their dads in San Quentin State Prison at Christmas-time.

“It’s all about the kids,” said Tony Burch, vice chair of the veterans group that sponsored the Toys for Tots event in its thirtieth year.

“I just love to see the expressions on the faces of the kids,” said Army veteran Garvin Robinson, long-time secretary and treasurer of the Veterans Group at San Quentin.

Robinson admitted that sometimes he has as much fun as the kids playing with the toys. 

“I can see they got the spirit in them — the joy on their faces shines as bright as on Christmas Day. It reminds me of me when I was a kid,” said Army Vietnam veteran Adam Sinegal. 

Hundreds of toys and smiles of joy greeted the children as they entered the festively decorated San Quentin visiting rooms to visit their inmate family members and friends. 

The toy event is scheduled for the weekends before Christmas and on Christmas Day each year. 

San Quentin Veterans Tony Burch, Adam Sinegal, Stanley Baer, Garvin Robinson and Gary Cooper

Robinson, who has been incarcerated for 33 years and has three sons of his own, said about the toy giveaway, “It fixes me – I can put a smile on a kid’s face. This is the best thing I’ve done in my life.” 

“We treat all kids equally,” said Marine Corps veteran Stanley Baer. “It ain’t the kid’s fault,” he said about the children visiting their incarcerated loved ones. He explained that many of the children come to visit inmates who have been convicted of serious crimes with lengthy, life or even death sentences. “They’re the most grateful because it’s so unexpected.” 

Baer helped a young girl pick out the doll she wanted. After consulting with her mom, the girl embraced the doll with both arms and a beaming smile. Baer commented, “That moment right there – that one genuine moment – made the whole day worthwhile.” 

“Some of these kids are like family to us” 

“Some of these kids are like family to us,” Marine veteran Gary Cooper said, “We’ve seen them grow up over the years.” Cooper said it reminds him of the joy he and his own kids shared when shopping and opening presents during holidays past. 

On their way to the main visiting room, visitors walked by the children’s playroom. Looking in, they were surprised to see tables stacked with hundreds of toys for the visiting children, 

Reactions included: “Oh, look at that, Michael. Wow! Yay! I want that!” 

Each child entered to choose the toy they wanted to take home, but with so many options, which one? The choices included a wide range – from the Millennium Falcon, Kylo Ren’s Tie Silencer, BB-8 and R2-D2, to dolls, play walkers and play mats for toddlers and infants. From basketballs, soccer and footballs to high-tech electronics like the Vtech Alphabet Apple and the Leap Frog learning tablet. 

“I wanna take that!” said one young girl. With parent’s approval, she was given her toy, and with a huge smile said “My Num Noms – Yum!” She then began dancing joyously, repeating, “I got Num Noms!” 

One inmate with his child said, “I used to get so excited,” remembering Christmases from his own childhood. Another said about the game “Operation,” “That game’s been around since when I was a kid.” Other games that have been favorites for generations included Sorry, Monopoly, Connect 4 and Trouble. 

The veterans group’s staff sponsor, Rachael Murray, a CDCR employee, worked with the SQ veterans group to put the event together. “Rachael was instrumental,” said veteran Baer. She drove a van to the Toys for Tots warehouse where it was filled – front to back, floor to ceiling – with the toys she then brought to the prison. 

Murray said she enjoys working with the veterans because they are all team players. She said the toy giveaway “always has been and always will be about being able to bring some joy to the kids … making sure they have something to smile about.” 

VGSQ members Earl Orr and Samuel Gaskins gave out the toys in the other visiting room in San Quentin’s H-Unit. 

The veterans group also does food sale events inside San Quentin to raise funds to donate to the Toys for Tots program — usually several thousand dollars each year, according to VGSQ member Fred Cole. 

This year’s donation was under $2,000 because of a statewide suspension of food sales in prisons, said Cole. He added that VGSQ hopes the sales will be reinstated. 

Dozens of children receive toys each day during the event. One of them was 5-year-old Troy Jackson. He happily picked out a toy with his grandfather, Kenji Jackson, whom he came to visit. 

Ten-year-old Riley and 5-year-old Kai, visiting their “Uncle Nick,” chose Num Noms and slime to take home with them. “I wanted the slime,” said Riley, as Kai described how he would stretch the slime and make noises with it: “You can do this.” 

Kai Kane, Nicola “Uncle Nick” Bucci, Riley Kane and Frank Jernigan picking out toys in the visiting room

Thirteen-year-old Jayla Watts, daughter of Jerome Watts, was happy to get a toy but said that the best thing about Christmas is “spending time with my family.” She continued, “Even though this is a prison, I still enjoy spending this time with my dad and my family in here – it feels like it’s not a prison.” Jayla’s dad, Jerome, said that the visit is the highlight of his holiday season. 

Jerome Watts with daughter Jayla

The grandmother of another visiting child said that she was excited to see all the toys given away because it was completely unexpected. She said in 13 years of visiting her son, “in so many prisons – this is the first time I’ve seen anything like this. It’s a real blessing.” 

Kenji Jackson with grandson Troy Jackson

CDCR issues new regulations for non-violent three-strikes offenders

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California set a nationwide trend in sentencing reform when, in 2012, voters passed an initiative that reduced the sentences for non-violent three strikers. The result: thousands of prisoners serving life sentences got out of prison.
Other initiatives in 2014 and 2016 chipped away at the Three Strikes Laws. Thousands more prisoners earned release.
The latest development comes from an appeals court case, re Edwards.
Edwards holds that California Department of Corrections and Rehabilitation (CDCR) regulations preventing nonviolent three-strikes prisoners from the benefits of the 2016 initiative, Proposition 57—particularly the opportunity for early parole—violates the text and intent of the proposition.
Edwards orders CDCR to issue new regulations offering early parole to three-strikes prisoners who were convicted of nonviolent crimes. The deadline is January 5, 2019.
“Some things still have to be figured out,” said Michael Romano, the director of the Stanford Law School Three Strikes Project. According to Romano, about 4,000 inmates qualify for early parole consideration under the Edwards ruling.
“This is a big deal because the governor is not appealing the decision,” Romano said.
“It doesn’t help everyone, but it’s moving in the right direction. We will win this thing eventually.”
Romano tells the incarcerated population to continue programming and keep themselves ready for release.
“I really do want to emphasize how important programming is,” Romano said, “For anyone going before the board, the most important thing you can do is program relentlessly and stay out of trouble.”

Mental health bomb-shell report on care inside state prisons

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The chief psychiatrist of California’s prison system is accusing state officials of misleading both a federal court and lawyers for prison inmates fighting to improve mental health care inside state prisons, according to court documents.

Dr. Michael Golding sent the 160-page report to the court-appointed federal receiver overseeing reforms inside California prisons. Golding filed the report without his superior’s knowledge.

Dr. Golding’s “lengthy, detailed report” contains “serious allegations” that data reported to the federal court overseeing the medical and mental health care of California prisons “is inaccurate and has been presented in a materially misleading way,” reports The Sacramento Bee.

For example, the Golding report refutes the state’s claim that its psychiatrists have seen patients at an on-time-rate of 96 percent in some cases, where the actual frequency is allegedly only 20 to 30 percent, according to Michael Bien, the lead attorney for the inmates.

The Golding report prevented the signing of a stipulation in which inmates’ attorneys were to agree to reduce the state’s 405 psychiatrist positions by 79 to a total of 326.

“We almost signed it,” Bien told The Bee reporter. Now, that stipulation is “off the table and a hearing is expected in coming weeks on the allegations.”

Corrections officials of the California Department of Corrections and Rehabilitation (CDCR) declined to address Golding’s accusations.

INMATE MENTAL HEALTH PROGRAMS

About one-third of CDCR inmates participate in an in-prison mental health program, according to the Legislative Analyst’s Office (LAO) report on the 2018-19 California Budget.

California expects to spend around $690 million on various inmate mental health programs in 2018-19 as required under court-approved guidelines, according to the LAO Report. The care given to one-third of the CDCR inmates (more than 40,000) in prison mental health programs is subject to the oversight of a Special Master appointed as part of the Coleman v. Brown case (In 1995, a federal court ruled in the Coleman case that CDCR was not providing constitutionally adequate mental health care.) For example, Enhanced Outpatient Program (EOP) inmates are about 6 percent of the inmate population (approximately 7,500 inmates at current occupancy levels). EOP inmates are those diagnosed with serious mental disorders but do not require inpatient treatment.

Most EOP inmates are housed by CDCR in Intermediate Care Facilities (ICF), where interaction with other inmates is substantially restricted according to the LAO report.

While San Quentin has an EOP dorm of approximately 100 inmates in its H-Unit dormitory yard with another 100 expected in early 2019, the LAO Report did not reference the conversion of these dorms.

Boatwright