CDCR’s 4-phase Roadmap to Reopening , to be disclosed later this year

 In response to the pandemic caused by coronavirus disease (COVID-19), and out of an abundance of caution, California Department of Corrections and Rehabilitation (CDCR) and California Correctional Health Care Services  (CCHCS)  have  been  taking  necessary  precautions  to  reduce  risk  of  exposure  to  both  inmates and staff and to mitigate morbidity and mortality related to the disease.

The  purpose  of  this  BLOG is  to  provide  updated    information   since  March 20, 2020, (closing of CDCR visits) and to update some initial activities associated with beginning a  four-phased approach (4 Phase)  to   reopening   operations   within   CDCR   that   is   consistent   with   he   Governor’s Roadmap to Reopening California.  

The Roadmap lays out 4 phases of opening, Phase 1, the most restrictive - basically, noting going on. Various activities are made available and restrictions lifted in the remaining 3 phases, until Phase 4, promises “Return to ‘new’ normal program for all staff and the population.” No indications what the ‘new’ normal will be.

Details of Phase 2 Operations within CDCR/CCHCS are available in the Roadmap to Reopening Plan, which will be distributed later this year. In general, operations during Phase 2 are still restricted to include, but not be limited to, modified reception  center  intake  to  allow  adequate  social  distancing  and  separation  of  populations, transfer to camps and essential health care related transfers and encounters. Additional details for screening, housing, testing and basic strategies to reduce spread of COVID-19 infections are

As of October 2020, the official acceptance of CDCR’s Roadmap to Reopening still has not yet been publicly released, but conditions will be laid out therein, will be, those governing quotas for reopening of the prisons. Each prisons will be similar to the different counties we have experienced in the State of California, with different opening rules, (based on COVID19 cases or lack thereof). Reopening with CDCR (prisons) meaning the reinstatement of visiting, programs and other things that pass for ‘normal’ inside.

Of prime interest is the reopening of visiting, which the Roadmap provides can be expected in Phase 2, with very restrictive guidelines will reopen with  one visitor per inmate for an hour visit once a month, with staggered visiting schedule, mandatory masks, tables/chairs 6 feet apart and, reportedly, no personal contact (read hugs, kisses). This phase also may include the entrance of some outside vendors, non-essential contracts—read possibly some programs.

Phase 3 could see an expansion of visiting, 2 visitors per prisoner, twice a month, remaining restrictions apply. This would also include the re-opening of family visits, for one family visit per week per unit. Other restrictions regarding yard access, day room access and workers would be eased as well.
 
The key to the Roadmap is that each prison’s reopening will be decided by the local administration, in consultation with Sacramento and subject to guidelines as to where that institution is in the CoVid situation. Again similar to guidelines we encountered throughout 2020 in the State of CA and its different counties.

For example:  (The Roadmad has not yet been published and the example is subject to change)

Phase 2 calls for a ‘contained’ CoVid outbreak, which includes no new CoVid cases (inmate or staff) in a “rolling 14-day cumulative case rate.”

To move from Phase 2 to Phase 3 will require no new cases in a 60-day period and no current positive inmates.

Phase 3 to Phase 4, the establishment of the ‘new normal,’ calls for no new or positive cases for 90 days, but the possible continuation of precautionary measures like face masks and extra cleanings.

As of now, the end of October, no prison yet qualifies for the move from Phase 1 to Phase 2.  

===================================================================
A big Thank You to the CDCR department’s website for some transparency of the information along with Vanessa from Life Support Alliance (a.k.a. LSA) who continues to be a wealth of information for the inmate Population and their Loved ones!

On 9/15/20, AB 3234 (Elderly Parole Hearing) with lower requirement (50/20) was presented to the Gov. for signature

HISTORICAL BACKGROUND of Elderly Parole Hearing Bills:

Summary of the OLD Elderly Parole Hearing (50/15) Senate Bill that did NOT pass a few years ago, was SB224.
 

The original draft of Senate Bill [Sen. Carol Liu (Democrat), author of Senate Bill 224 (SB224)] required the Board of Parole Hearings  (BPH) to conduct a ELDERLY PAROLE HEARING for offenders sentence to State prison who have reached 50 years of age and have been incarcerated 15 years or more. SB 224 was withdrawn from consideration because it was felt that Bills which required a 2/3 majority vote on the legislative floor, could not be met.

NOTE: This would have been an expansion from the existing BPH regulation (from 3-Judge Panel) that was established in October 2014 to allow 60 yr. old inmates who have been incarcerated 25 years (60/25) or more to go to an Elderly Parole Hearing.

================================================
Summary of the NEW Elderly Parole Hearing (50/20) - AB3234, being signed by Gov.

Abstract & Author: Philip Y. Ting: California Assembly member Democrat District 19

Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 60 years of age or older and who have served a minimum of 25 years of continuous incarceration on their sentence. This bill would modify the minimum age limitation for that program to 50 years of age and instead require the inmate to have served a minimum of 20 years of continuous incarceration in order to be eligible for that program.

On 9/15/20,  California State Legislature Enrolled and presented AB3234, the new  (Elderly Parole Hearing Bill) to the Governor at 3 p.m. for his signature of Approval.

Since AB 3234 has passed and from all indications will be signed by the Gov, elderly parole goes from the current 60 yrs old and at least 25 yrs on incarceration (60/25 requirement) to 50/20 requirement.   What a WIN!!!

Although the Bill specifically excludes 3Xers, as did the previous bill that codified elderly parole.  It appears according the Vanessa (LSA guru and founder) --> that BPH's legal staff stated [in reference to 3Xers and elderly: ]

   “We would continue to follow the three judge panel (3JP) order criteria for those inmates who are excluded from elderly parole under AB3234 for as long as the three judge panel order remains intact. This will require us [BPH] to set up a double track process for those eligible under the Penal Code and those under the three judge panel order.”  

So for now, and as long as the 3JP is still around, 3’Xers will continue to be included in elderly parole considerations.  
 
The BIG QUESTION remains: Will BPH continue the 3’Xers under the current 60/25 requirement or will BPH apply the new 50/20 requirement to the 3X'er - STAY TUNE....

Keep in mind that the whole Intent under 3JP was to reduce the population. Thus, excluding an entire section of 3X'er elderly inmates (that are not 50/20 candidates) would conflict with the goal to reduce the population.  We speculate that BPH will apply the 50/20 elderly age requirement across the Board to all those inmates.

CLEMENCY: Commutation, Compassionate or Medical release; HOW TO GET THE PROPER ATTENTION TO GET OUT!

To be considered in the plans, criteria and how to tap into the early releases actually happening in the wake of CoVid, it’s important to make yourself seen. As those criteria keep changing—almost daily, how do you bring yourself to the attention of those making these decisions? Get in the right "bucket".

 COMMUTATION:  People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence).  Applicants will be notified when the Governor takes action on a commutation application.  NOTE: If you submitted a commutation application to a prior governor and did not receive notice of a commutation grant, your application is deemed closed. You can re-submit a new application with THIS Governor Newsom. NOTE you can only file this Application - once every 3-year. If you want to retain an experienced law firm please contact the LAW OFFICE OF DIANE T. LETARTE (619-233-3688) or view our website RenegadeAttorney.Com

COMPASSIONATE RELEASE:  or recall of sentence, is available to California inmates who are terminally ill and have six month or less to live. Medical Parole is available to inmates who are incapacitated or in a vegetative state and requires 24-hour skilled nursing care.

MEDICAL RELEASE:  A medical parole hearing is a hearing to determine if an inmate who is permanently medically incapacitated should be placed in a licensed health care facility in the community. Eligible inmates are referred to the Board for an expanded medical parole hearing.

 This BLOG addresses more the COMMUTATION ASPECT: In deciding whether to grant a commutation, the Governor’s Office will carefully review each commutation application and consider:

• the impact of a commutation on the community, including whether the grant is consistent with public safety and in the interests of justice;
• the age and circumstances of the offense and the sentence imposed, and the age of the applicant at the time;
• the applicant’s self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs;
• the applicant’s need for a commutation; and
• the applicant’s plans upon release from custody.

The Board of Parole Hearings (BPH), a division of the California Department of Corrections and Rehabilitation, investigates commutation applications. The investigation will include a review of the applicant’s criminal history records, court and police records, and records and information about the applicant’s period of incarceration from the applicant’s C-File and other sources.

Information provided on the commutation application can be used by CDCR’s statistical and research division to identify those individuals who qualify for consideration under release criteria, such as those with less than 5 years to serve, over the age of 65, with CoVid-sensitive medical needs, low CRA (or CSRA) scores, and more. As CDCR and the Governor look at various cohorts to find individuals within those groups who seem likely candidates for early release, those data points can place you in the ‘bucket’ of those being considered. Best advice from those in the know in Sacramento—put in a commutation petition, knowing it will be for reasons other than the Governor’s scrutiny for commutation. 

For decades commutations were a long shot, until about mid-way through former Gov. Edmund G. Brown’s term, when Brown began to use the commutation power to right some of the wrongs of sentencing. Current Gov. Gavin Newsom has continued that path, to some degree, and now, under the pressure of CoVid19 and overcrowding, commutation applications can provide a new avenue to at least consideration for release.

The Petition can be found on the Governor’s website, in the law library, probably from CDCR's counselors; present the factors of your situation that make you vulnerable to CoVid complications.

For Example: Are you over 65? Underlying medical conditions that make you ripe for CoVid complications (high blood pressure, COPED, diabetes, cancer, other ailments)? What’s your disciplinary history? What’s your Comprehensive Risk Assessment (CRA) rating (Low)? How long have you served? Are you up for consideration SB1437 (Felony Murder resentencing) per CA Penal Code 1170 (d) but the court hasn’t acted on your case yet? If you’re a Determinate Sentence inmate (DSL), do you have less than 12 months to serve? If you’re a Lifer with a 3 year denial and an Administrative Review (AR) already approved but the hearing date not yet arrived, point that out in your application. Are you seeking compassionate release, but the process hasn’t been completed? Have you received a terminal diagnosis, and been given a 12-month life expectancy from medical? Are you eligible to seek medical parole consideration?

All of these are factors that might put you in the spotlight for early release consideration. Make CDCR aware of them—sure, they can eventually work their way down to you, but cut to the chase, give them the info up front. No guarantee, but in these uncertain times, it pays to try everything.

----- Thank you to Vanessa at LSA for the Insight into some of the COMMUTATION information and the new Governor's factors along with the Medical overlay of  COVID19  in the mix.