View Full Version : Family Denied Visiting How do I write an Appeal?


Gatogirl
11-11-2010, 05:14 PM
When my partner was sentenced the judge said we could visit even though we are co-defendents. I realize that the prison has the "higher" judgement and of course we were denied. My partner wants me to write an appeal and send it to Salem. We are a same sex couple and we have a 1 year old together. I'd love to be able for her to see her daughter and myself since she has no other family on this side of the country. What are good points to write about? How do I word something like that? Should I mention that I turned myself in on a secert indictment? (figured that out from her lawyer) Any info would be most appreciated. Thank you!

Gatogirl
11-11-2010, 07:41 PM
Also what kind of information should I include?

dop
11-12-2010, 10:26 AM
You said co-defendants but you did say if you were convicted. If you were convicted it is even harder to get visits. Here I go being negative again. First a judge should have never told you that. DOC sets rules on visiting. You can appeal if you want, in fact I would hope you would, but the reality is they aren't going to let you visit. They are very serious in keeping their rules. These rules help keep security and safety in place inside. Imagine the crap storm they would have if they grant you permission for visits but denied another person. It could set off a chain of events:

Inmates get mad, start kiting everyone, causing disruption, inmates get mad at the inmate granted special privileges, they start thinking she is a rat who gave up info so she can have a visit, they beat up inmate.

I tell ya prison is a crazy place with a lot of crazy rules (some sain rules to) and very seldom do they alter them.

I had a cellmate that tried to fight the same fight. He had the transcripts even where it clearly stated the judge said he could have visits with his wife even though she was a co-defendant. He received a final kyte saying "you broke the law and you dealt with the judge and was sent here"', welcome to prison your butt is now ours".

Scott
11-12-2010, 11:05 AM
Gotta weigh in with DOP here - he's completely right about both the fact that the DOC has the last and final say about who visits and who doesn't, and that they take their rules very seriously - and - that "special exemptions" to rules create nothing but problems.

But, using the philosophy "nothing ventured, nothing gained" - start by writing to the Superintendent of CCCF, and work your way up. Simply present the facts as you have outlined them here, focus on the fact that your partner doesn't really have anyone else, that you have a child - and do what you can.

Just remember to remain objective, as dispassionate as possible, don't take any outcomes personally - and visualize success. Just don't tie your wellbeing to the outcome...

It's certainly worth it to give it a try....:thumbsup:

Gatogirl
11-12-2010, 11:20 PM
Thanks for the responses. I realize that I may not be able to visit with the circumstances but. it's worth a try. I told her about the comments I got and she isn't worried about being beat up or a rat. Most women believe they are entitled something or another regardless :) She said to have my PO write a letter too. I'm just gonna hope for the best and at least try. I'm prepared to be let down though. On a postive note our 1 year old was approved so at least she'll be able to see her when our friend visits her. Thanks again.

Zelda50
11-13-2010, 12:11 AM
It's great that you have someone else who can take your child to visit even if you can't. I agree with the others - it's worth a try. And a letter from your P.O. is a great idea. If you've had to do any kind of treatment as a condition of your probation and you've successfully completed it, a letter from your treatment counselor may be really helpful also.

dop
11-13-2010, 05:47 AM
You have a PO? That is another reason you were turned down.

firefly369
11-13-2010, 02:56 PM
I am in the appeal process as our visits were recently taken away because I am ex DOC staff. The superientendent can not grant the appeal. It has to go through the institution admisistrator, which on the west side is Brian Belleque.

This is how the rule is worded:
Administrative Review for Denial of Visiting Application
(1) An inmate or prospective visitor may request an administrative review if the visiting application is denied by writing to the Chief of Inmate Services or designee.
(2) The Institutions Administrator or designee will issue a decision. The decision is final and not subject to further appeal. If the appeal is denied, the prospective visitor or inmate may reapply after a one year period.

If you need the address to send the appeal let me know and I will get it to you. I wrote a letter, he wrote a letter and we included the DR from 11 years ago when I left DOC.

Good Luck to you and please let me know if I can help...

Gatogirl
11-13-2010, 09:05 PM
I am in the appeal process as our visits were recently taken away because I am ex DOC staff. The superientendent can not grant the appeal. It has to go through the institution admisistrator, which on the west side is Brian Belleque.

This is how the rule is worded:
Administrative Review for Denial of Visiting Application
(1) An inmate or prospective visitor may request an administrative review if the visiting application is denied by writing to the Chief of Inmate Services or designee.
(2) The Institutions Administrator or designee will issue a decision. The decision is final and not subject to further appeal. If the appeal is denied, the prospective visitor or inmate may reapply after a one year period.

If you need the address to send the appeal let me know and I will get it to you. I wrote a letter, he wrote a letter and we included the DR from 11 years ago when I left DOC.

Good Luck to you and please let me know if I can help...



Yes, Please send the address and what I should include in the letter. I thought it was suppose to go to the correctional case management unit. Thank you again, I need all the help I can get:)

firefly369
11-15-2010, 03:19 PM
I sent you a PM... You do mail it to case management, they will forward it on the the institution administrator.

Good Luck!