From: CAPNews <CAPNews@capsf.org>


Dear Counsel:

Please see the attached Condemned Inmate Transfer Pilot Program memo and FAQ. In short, the memo states the CDCR has instituted a pilot program to allow male death row prisoners to be transferred to select other prisons. The pilot program allows female death row prisoners to transfer to the mainline at CCWF.

Today, these documents were distributed to prisoners on the row at San Quentin and at CCWF. The memo was also posted on the CDCR website, with a date of January 29, 2020.

CAP has contacted the SQ and CCWF litigation coordinators for more information. We have heard nothing from SQ; the CCWF litigation coordinator didn’t know anything beyond what we know.

A few things of note:
-      The program is voluntary, according to this memo. However, once someone agrees to be transferred, there is no backing out.
-      The memo encourages the prisoners to talk to capital counsel before volunteering to move.
-      Prisoners currently serving a SHU term are not eligible
-      Prisoners who have committed a division A or B offense in the last 5 years are not eligible (list pasted below)
-      Prisoners who go into this program will be interspersed with the mainline prisoners; they will be eligible for work and other programming. They will presumably be double celled (although this is not discussed and there might be exceptions).
-      Prisoners would be housed in Level IV or no lower than Level III facilities.
-      Prisoners may indicate a preference for their destination prison. This is the list from which they may choose:
 
o  California Correctional Institution (Tehachapi, Kern County)
o  California Medical Facility (Vacaville, Solano County)
o  California State Prison, Corcoran (Kings County)
o  Centinela State Prison (Imperial County)
o  Central California Women’s Facility (Chowchilla, Madera County)
o  Kern Valley State Prison (Kern County)
o  Richard J. Donovan Correctional Facility (San Diego)
o  Salinas Valley State Prison (Monterey/Salinas)
 
-      However, the CDCR ultimately decides.

 
We have also attached a map showing the location of each of these prisons.

There are many questions we are trying to get addressed. For instance – when does this start? Can a prisoner say “no” initially and later say “yes”? The FAQ suggests this will happen as part of classification, which means on a rolling basis. We assume recommendations from classification may be starting now. We are also concerned about prisoners who do not speak English.

While this will be a positive development for quite a few of our clients, we are somewhat concerned about the difficulty of representing prisoners in faraway places, and in prisons that are unfamiliar with the client access requirements of capital defense teams. We are also concerned about losing access to our clients’ medical and mental health care providers. It seems to all of us at CAP that we need more information before we can give sound advice.

We have also noted that many prisoners have not understood this memo. One prisoner called saying he thought he was excluded for Mental Health related reasons – this is not at all clear. Someone else believed all prisoners were going to be sent to the mainline.

We will try to coordinate with CDCR legal counsel as well as the litigation coordinators to discuss legal visiting, expert access, expert tools and equipment, sending in supplies, legal phone calls, etc.

CAP has also been in contact with the Prison Law Office and Rosen Bien, Galvan, and Grunfeld -- organizations that have had a huge role in litigating prisoner civil rights cases across the state. We have asked for their thoughts on the programs, medical care, and mental health care at those prisons. We will continue to gather that information.

We are trying to get a sense of your concerns; please feel free to contact us.

Thank you,


Sarah Chester (schester@capsf.org)
Heather Hardwick (hhardwick@capsf.org)
John Harrison (jharrison@capsf.org)

 
Division A & B offenses under Title 15:

 

(b) Division “A-1” offenses; credit forfeiture of 181-360 days.

(1) Murder, attempted murder, and solicitation of murder. Solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.

(2) Manslaughter.

(3) Battery, including sexual battery, causing serious injury.

(4) Assault or battery with a deadly weapon or caustic substance.

(5) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral copulation against the victim’s will.

(6) Taking a hostage.

7) Escape with force or violence.

(8) Possession, manufacture, or attempted manufacture of a deadly weapon or explosive device.

(9) Solicitation to commit an offense listed in subsections (b)(3), (b)(4) or (b)(5) above.

(10) Behavior or activities defined as a division “A-1” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(c) Division “A-2” offenses; credit forfeiture of 151-180 days.

(1) Arson involving damage to a structure or causing serious bodily injury.

(2) Possession of flammable, explosive, or combustible material with intent to burn any structure or property.

(3) Destruction of state property valued in excess of $400 during a riot or disturbance.

(4) Any other felony involving violence or injury to a victim not specifically listed in this schedule.

(5) Attempted escape with force or violence.

(6) Introduction or distribution of any controlled substance, as defined in section 3000, in an institution/facility or contract health facility.

(7) Extortion by means of force or threat.

(8) Conspiracy to commit any Division “A-1” or “A-2” offense.

(9) Solicitation to commit an offense listed in subsections (c)(1), (c)(3), or (c)(8) above.

(10) Behavior or activities defined as a division “A-2” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(d) Division “B” Offenses; credit forfeiture of 121-150 days.

(1) Battery on a peace officer not involving the use of a weapon.

(2) Assault on a peace officer by any means likely to cause great bodily injury.

(3) Battery on a non-prisoner.

(4) Threatening to kill or cause serious bodily injury to a public official, their immediate family, their staff, or their staff’s immediate family.

(5) Escape from any institution or community correctional facility other than a camp or community-access facility.

(6) Theft, embezzlement, destruction, or damage to another’s personal property, state funds, or state property valued in excess of $400.

(7) Unauthorized possession of any controlled substance as defined in section 3000, including marijuana, in an institution/facility or contract health facility.

(A) Progressive disciplinary credit forfeiture for violations described in (7) above are as follows:1. Credit forfeiture of 121-130 days for the first offense.

2. Credit forfeiture of 131-140 days for the second offense.3. Credit forfeiture of 141-150 days for the third offense.

(8) Sexual Activity in a visiting room involving physical contact with a minor.

(9) Indecent Exposure with prior court conviction under PC 314 or PC 288.

(10) Any felony not involving violence or the use of a weapon not listed in this schedule.

(11) Conspiracy to commit any Division “B” offense.

(12) Solicitation to commit an offense as listed in subsections (d)(1) or (d)(2) above.

(13) Behavior or activities defined as a division “B” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.