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W4A
Contains unread posts
Jan 28 – Feb 4
W4A: Inmate John Doe has a life sentenc
W4A
Contains unread posts
Jan 28 – Feb 4
W4A: Inmate John Doe has a life sentence without possibility of parole (LWOP) and has been in prison for over 25 years. During this time, he has not had any disciplinary actions other than two write-ups for minor infractions. Overall, he is a model inmate, runs the prison self-help groups and is well liked. One day, he is out and about in the yard when two officers walk over to him, cuff him and take him away. He is immediately transported to Administrative Segregation unit. His crime? Unbeknownst to him, some anonymous sender had mailed a package in his name, with concealed drugs-weed. The amount is over 4 ounces, so now he guilty of trafficking. Of course, he has not been apprised of why he is in Ad Seg until a week later when he is taken to committee. Over his many years in prison, he has no history of any drug use or distribution, so this is an utter shock to him. But the prison policy of that state dictates admin segregation until they complete the investigation. He is also referred to the DA bc Cal. Code Regs. tit. 15 § 3316 (see attachment titled Section 3316). The entire process is lengthy and exhausting, it also punishes the inmate before he is found guilty of this allegation (see attachment titled Rule Violations Dec 2019).
Ad Seg means he is locked up for 23 hrs, with just one hour of recreational time; one 15 minute phone call to family per week. Place yourself in his shoes for a minute before you respond. This can happen to anyone in prison, even you can randomly look through BOP roster for random inmate, mail him an anonymous package with weed, and you can single-handedly destroy his life. He will sit in the SHU for minimally 4 months until the DA decides to not prosecute, or inmate out of frustration of Ad Seg chooses to accept a guilty plea just to save his sanity. He will possibly face additional loss of privileges and transfers to other prisons. Evaluations conducted by the CDCR have s found that only one–quarter of the state’s inmate population can read at the high school level. In fact, inmate test scores showed that the average California inmate reads at the seventh grade level upon entry to prison. Yet, they expect an average inmate to read, understand and comprehend this policy in its entirety and make the best decision for himself. So yes, consequences are severe. Thus my request to review the attachments and read this thoroughly before you respond.
Qs: What problems do you see in the current CDCR Rules Violation policy (3316) of Ad Seg for inmates like Doe? Does the prison policy seem fair? Guilty until proven Innocent? What alternatives would you suggest, and why? Many inmates like Doe are thrown into the hole for such mailed in packages despite evidence to the contrary that they are not in the drug trade of using or distributing. Each student is expected to post Four responses to each original question; please do not post all 4 in one day, I want to see your engagement in the course minimally on two different days. Posting all 4 responses per topic in one day will impact your scores. Post by Sunday 11 p.m. Late postings or all 4 in one day postings will not be accepted, sorry.
1. Section 3316
https://govt.westlaw.com/calregs/Document/IB6E03E8C28BC4BDF8189369961FD93A5?viewType=FullText&listSource=Search&originationContext=Search+Result&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad7140a00000175ae9f670e8e95df06%3fNav%3dREGULATION_PUBLICVIEW%26fragmentIdentifier%3dIB6E03E8C28BC4BDF8189369961FD93A5%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=REGULATION_PUBLICVIEW&rank=2&t_T2=3316&t_S1=CA+ADC+
2. Rule Violations Dec 2019 : https://prisonlaw.com/wp-content/uploads/2019/12/Rule-Violations-Dec-2019.pdf
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