Policy to Relocate Inmates Punishes Families
New America Media, News Feature, Raj Jayadev, Posted: Sep 16, 2008
Editor’s Note: Beatrice Patlan would visit her son regularly at Soledad Prison in Salinas, Calif., where the 18-year-old is serving an eight year term. But those visits may now be over, as he is being sent to serve the rest of his time in Arizona, pulling him hundreds of miles away from his family. As NAM contributor Raj Jayadev reports, the state is beginning to ship more inmates out of state to address an exploding prison population. Jayadev is director of Silicon Valley De-Bug.
SAN JOSE, Calif. -- The saving grace when Beatrice Patlan’s 18-year-old son Raymond was sentenced to eight years in prison for his first offense in 2007, was that he was placed at Soledad Prison, a manageable hour-and-a-half drive from her San Jose home. On her days off from work, Patlan would visit her son regularly, bring his little brother and sisters so they didn’t grow apart during his incarceration, and hug him after their long talks.
“For him, it kept his mind and heart strong, and for us as a family, the visits meant Raymond could still be a part of our lives,” she says.
But those visits may now be over, as Raymond Patlan is being sent to serve the rest of his term in Arizona, pulling him hundreds of miles away from his family. The story of Patlan’s family is playing out across California, as a budget crisis is hastening the involuntary transfer of potentially thousands of inmates out of state to ease the staggeringly overcrowded prison system.
Beatrice Patlan has done just about everything in order to keep her son close to her family. She has repeatedly called the California Department of Corrections and Rehabilitation, spoken with the Warden at Soledad, and met with the offices of State Assemblymember Joe Coto and State Senator Elaine Alquist. But after exhausting every possible option to figure out what the rules of transfer are and if they apply to her son, she has arrived at a terrifyingly demoralizing conclusion – there are no rules.
Patlan is not the only one questioning the practice of transferring prisoners out of state. The Northern California American Civil Liberties Union in July filed a lawsuit against the California Department of Corrections and Rehabilitation (CDCR) to stop what they call an “unlawful transfer policy.”
The injunction, filed in the San Francisco Superior Court on behalf of Legal Services for Prisoners with Children, Immigrant Legal Resource Center and the Asian Law Caucus, argues that CDCR has failed to comply with California’s Administrative Procedure Act when implementing the transfer program. Under the act, a rule that applies to large groups needs to be developed with public notification and input and allow for legal recourse if the regulation is inappropriately used.
“We are trying to get the CDCR to follow the law, not secret guidelines, so people like Raymond and his family can have some input in how these decisions are made, then look at them, and see who should or should not be transferred,” says ACLU staff attorney Michael Risher. He says Raymond’s family is one of many casualties of a broken state prison system that is on the brink of bursting at the seams.
Since rumblings of the transfers first hit the prisons, his office has been getting calls and letters from inmates and their families. “It is an enormous hardship to suddenly be snatched away and sent miles away,” he says. “It is hurting California families – wives, parents, and children.”
Risher says the hope of the litigation is that the corrections department will amend the regulations to avoid having the court decide the case against them. In a written response submitted to the court, CDCR has denied any violation of the Administrative Procedures Act.
Changes to the prisoner transfer policy stem from Governor Schwarzenegger’s efforts to address an exploding prison population.
In 2006, Governor Schwarzenegger issued a proclamation declaring a Prison Overcrowding State of Emergency. The legislature approved a bill (AB 900) that authorized $7.7 billion to create up to 53,000 new infill, re-entry and medical beds at state prisons over the next 10 years and authorized the transfer of up to 8,000 inmates to out-of-state facilities. The move came at a time when California’s prison population peaked with more than 170,000 inmates housed in facilities designed for 100,000, and 29 of the state’s 33 prisons are above maximum safe capacity, according to the CDCR.
People like Raymond and his family have become the collateral damage of the state’s crisis intervention, which even changed the state laws to enable the transfers. Prior to the Proclamation of Prison Overcrowding, inmates had to volunteer to be transferred. That protection to inmates who wanted to stay in the state, known as Penal Code 11191, was temporarily put on hold until 2011. Since last May, the state has been systematically shedding inmates and sending them to states such as Tennessee, Mississippi, and Arizona.
California’s current budget stalemate has only put more pressure on expediting the transfer process. Mike Potter, district director for Assembly member Joe Coto’s office, has met with Beatrice Patlan about her son’s case. Coto was one of the few Assembly members who did not vote for AB 900.
“The state budget pressure is one reason the CDCR is looking to hurry and ship 8,000 inmates out of state,” Potter says. “On the incarceration side this program may be cheaper, but in terms of the cost to the inmates, their rehabilitation, and their families, these transfers may have a negative impact.”
When Beatrice Patlan heard from her son that he had been placed on a transfer list, she formulated her own plan of action. Finding no published criteria to challenge the transfer, she initiated her own Public Records Act, and received an internal memo from the CDCR regarding its transfer protocol.
The memo lists the following five steps: 1) inmates who have been previously deported by the federal government and are criminal aliens subject to deportation; 2) inmates who are being paroled outside California; 3) inmates who have limited or no family ties, based on a review of their visitation history; 4) inmates who have supportive family in another state; and 5) other inmates chosen and considered appropriate by CDCR.
Patlan argues that the protocol lists not criteria but an order of prioritization, under which Raymond should not be first in line to be relocated. Frustrated, she wrote letters to the CDRC, the Warden of the Soledad Prison, and Attorney General Jerry Brown. All have promised written responses, which she has yet to receive.
Beatrice Paltan has not received her regular call from Raymond either. He is currently in a holding facility and while awaiting his transfer, cannot call out until he is placed at his new destination. The last time Raymond called his mother, he was trying to cheer her up about the impending transfer to Arizona that would break up their regular family gatherings. He told her, “Just think of it as one more stop before I come home.”
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User Comments
sharon walker on Oct 10, 2008 at 09:29:20 said:
I totally agree with the calif prison system being corrupt, the cos abuse not only the inmates but the visitors, I personally was assulted at a state prison facility in calif and then told oh sorry we made a mistake wrong person, and then when I tried to fight them my husband who is serving a 18 month sentence for a non-violent crime has had to go thru so much cruel and unusual punishment it was like the cos were setting him up to die and then now that it is almost time for his release they transfer him 600 miles away to a prison where right after they get him there,then there is a race riotand luckily he was not injured, the cos are more corrupt then most of the prisoners, I never realized just how bad these people are treated in our prison system and the state wonders why or complains how most inmates return to prison after they are released, if they were treated even 10% like human beings and not reconditioned to be animals while they are incarcerated they wouldnt act like they do when they get released, I have seen wild animals treated better than the human beings being locked up,many many men and women locked up go in for non-violent crimes and their treatment is so horrendous in there by the guards and the system what choice do some of them have but to turn to violent ways.
Vote Wisely on Sep 23, 2008 at 20:00:07 said:
Prop. 6 on the November ballot illustrates that no matter how dire California's governmental crises, an initiative can make things worse. This proposition would aggravate the state's budget woes and further stress the prison system. Voters should simply say no to this irresponsible measure.
Prop 6 is costly,ineffective,unproven,wasteful and very dangerous !!
Prop 6 proposes one billion dollars each year in spending with no revenues to pay for it - forcing cuts in healthcare, schools, fire protection and other vital programs.Proposition 6 doesn’t put one more cop on the street. Instead, it guarantees billions of taxpayer dollars to unproven programs with no accountability.Prop 6 ignores and disrupts the progress of current effective crime prevention efforts of the Governor and State Legislature. Prop. 6 is focused on the wrong priorities. It could take money away from schools and public safety and spend it instead on probation departments and prisons.Prop. 6 would change existing law so more children as young as 14 years old will be tried as adults and relegated to the criminal justice system. Read more here
www.votenoprop6.com/ defeatrunner.org/facts_facts.html
defeatrunner.org/
Trudaughter on Sep 21, 2008 at 23:40:51 said:
Reason and logic needed in sentencing not emotional vengeance.
I believe in the death penalty. I believe people should be in prison for crimes they have committed and should be held accountable for their actions. But so should the State. If you are incarcerated you become a ward of the state and the State is responsible for your care. THE STATE NEEDS TO BE ACCOUNTABLE.
3 strikes is not working - it is only locking everyone up for long sentences, which is a huge burden to our children and grand children ... The sentence handed down should fit the crime, and circumstances are relevant in sentencing. 3 strikes is unconstitutional-PERIOD! (5th & 14th amendment) The Constitution says there should be equal application of the law, which we know is not the case here in California. When you passed 3 strikes and you went back to count someone’s past crimes you opened up yourself for becoming the care giver for many people, counting single crimes as 2 strikes and not looking at the circumstances of the crime (what happened to self defense?) If the law would have been applied properly and reasonably then maybe you could get an accurate count of how this law has really affected the crime rate… 3 felonies over 10, 15 or 20 year period does not warrant HABITUAL… And now, criminals facing a 2nd or 3rd strike will be more violent (why leave any witnesses?) Habitual is seen with parole violations and parole sentences should be revamped!
I want the State and CDC (forget the R) to be accountable just as the prisoners are. Go to work, stop playing games and creating unwarranted problems for families and prisoners who are trying to do their time - CO's (correctional officers) on power trips, harassing prisoners because they can. (Retaliation is a fact within the Green Wall) CO’s who treat family members unprofessionally and disrespectfully - when families are the ones paying their salary! NO, I don't think they should make $70,000 for monitoring visitors in the visiting room, or for reading confiscated smut magazines when there is no program (which is all the time). I think they should be accountable for their overtime and for when they call in sick. (I am!) The CCPOA and 3 strikes laws is bankrupting the State.
If citizens fear “violent criminals” being released into their neighborhoods then do something positive, NOT emotional. Recognize that you must have rehabilitation hand in hand with punishment. And punishment is not received after someone is incarcerated, punishment is when you are removed from society and enter the facility. The idea there should be no contact with family, no TV (which families pay for) or no frills (which families pay for) is so counter productive and ridiculous - I feel disgust for those who spout this rhetoric, you are part of the problem. Better hope you or your loved ones are never convicted of a felony. Understand, it’s all about money and CDC is a big money maker and fast becoming the largest industry in California.
The states solution: building new prisons and shipping prisoners out – Sure it will create space (but, the State will still have to pay for their care.) REMEMBER - Without sentencing reform, you may release a few thousand, or send them out of State, but you will just create space for the ones moving up from county and city facilities to take their place. You haven't fixed the problem; in fact you are creating a much greater debt for our descendants. Address the problem - not every "non-violent or violent offender" deserves a life sentence.
Justice IsAJoke~~ on Sep 21, 2008 at 21:51:01 said:
The California justice system is a joke.They constantly scare people in to pleading guilty and tell them if they lose in court they will get 4 times as much time in prison. They dont care if you are guilty or not. The public defenders are so overloaded they have about 10 minutes a month to work on your case. The Parole people send 70% of Parolee,s back to prison, the national average is 30%. When you are on Parole in Calif. you have no rights what so ever. My son was sent back to prison for 2 years for associating with a gang member, neither my son or his friend were gang members. He has been incarcerated for 10 months waiting for his apeal. He was sent back before after being attacked by a man who followed him to his car. This man was 6ft4 my son is 5ft9. This man had already attacked my sons friend and they were trying to get away from the man. All the witnesses said this man attacked my son. A freind of my son tossed him a knife and my son cut the man to get him to back off, he did no permanent damage to the man. But spent another 3 years in prison for it. They then transfered my son from Chino to a prison in northern Calif so no one can visit him. I left Calif after living there for 35 years. They have so many laws you cant walk across the street with out breaking some idiot law they have come up with. At 47 years old I was arrested for stealing my own motorhome, the paperwork was in the glove box but they wouldnt let me show it to them and they didnt look at it. I spent 12 days in jail, lost my job and it took 7 months to get my children back from child protective services. The left controls California, when they have the earthquake that sends them into the ocean the US will be much better off.
Doing Time2 on Sep 21, 2008 at 07:35:27 said:
Stop voting for more laws,that come back 2 haunt us all~~Vote Wisely~~If not they will,not stop incarcerating,until they have us all in their prisons,or their now empty 800 Fema Camps~~The life you save could be your own,or your loved ones~~ Just google Fema Camps,discern 4 yourself~~
VOTE NO PROPS 6 & 9
EDUCATION NOT INCARCERATION !!!
Vote Yes on Prop 5
Doing Time2 on Sep 21, 2008 at 07:08:52 said:
Its amazing how deaf,dumb,& desensitized our legislators R.They should be releasing inmates~millions of $$$ could be saved,but No, they take away from human health & welfare services & education. The Gov[s proposal of releasing 22,000 non-violent offenders,who where close to leaving,was voted down by all legislators~The budget could have been met & then some~~by enforcing the compassionate release bill~The releasing of the terminally ill,permanently disabled,the sick & dying,would save even more millions~It costs $37,000 a yr. 2 house well inmates,the sick & dying are double plus $$$ more.Then they transfer inmates,away from their families~families continue 2 suffer
-->even after experiencing the injustice corruption in our courts~!! The exaggerated sentences R ridiculous~~many R innocent,who R threatened,into taking a plea bargain~~then they get sent far away from their families~~taking away the only true rehabilitation that exists~ families R taxed double~~Inmate families pay triple time in heartaches & $$$~families pay for quarterly packages 2 send food, due 2 inmates being starved~inmate families pay the highest phone charges~~families are being abused by this endless prison 4 profits 4 the rich,who have stocks & bonds on each prisoner~~job security 4 the high paid abusing guards~who torture and kill,their loved ones in these tombs~~