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  #1  
Old 04-24-2003, 01:03 PM
MantaRay MantaRay is offline
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Default HELP! How can we help improve ben's conditions?

We (Myself and Ben's mom) are new to the miasma of the CDC. Ben has been in the CDC for 7 months and is now at CDC Solano. Ben is currently on Ad/Seg pending review and was moved to a SHU (Security Housing Unit) for his own safety. I know Ben and I know he will not last in there. I would like to see him transferred to a halfway house (Best) or a PHU (Protective Housing Unit) where he would at least have better conditions.
Our problem is that we are at a loss as to where to turn for assistance in getting Ben placed so that he will not lose his mind or die where he is at now. Can a lawyer help? I have been all over the internet, up and down the yellow pages and contacted several legal organizations to searching for a lawyer with no success. There doesn't seem to to be any lawyers that specialize in prison law or that can help any individual inmate.

PLEASE, HELP, HELP, HELP!!
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  #2  
Old 04-24-2003, 04:38 PM
life2thesequel life2thesequel is offline
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I wish you luck with this deal...

I would like to point out that there are some truly California savvy folks running around here, and they'll be by soon, I'm sure.

Also... 3 points (nothin' but NET) for use of the word miasma in a polite sentence... I like you already.

I'm dropping by because some things are standard in prison management (unless it's private...then it's complete ad-lib)..

YOU, as always are your best resource. YOU are the one who gives a rodent's behind about the outcome of this particular situation. It isn't very likely that an attorney would instantly know what the process is,.. or have any track record for bucking it.

Your task... should be to determine "how they do, what they do,..."when it comes to classifications and housing, and reclassification, and administrative seg. and p/c policies.
They should be somewhere this Ben fellow could have access, but don't bet on it. They should be obtained (in whole or part) in policy form from whatever vault (dept) they are issued by in CA... or by sweet-talking someone at the facility.

If you know what the existing policies and governing procedures ARE... you'll have the tools to make a better argument for why your proposed 'move' does indeed fall within them or deviates from them only in some authorized contingency (found in policy) route that they can indeed authorize.

Knowing what the entire policy is, you won't waste your energy lobbying the people without the power to approve or act,.. and you won't be proposing things that run contrary to policy.
It is generally disarming to these people when you make your argument and cite THEIR specific (chapter and verse) policies to support it.

Ultimately the argument/request might have to be made by Ben,.... but, again, the best thing you can do is educate yourself... know your audience,.. and don't waste time with folks who couldn't honor your request at gunpoint.

Does that give you something to chew on?
Sorry I didn't do my time in CA or I'd probably be able to quote it for you.
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Old 04-24-2003, 09:56 PM
KConnor56 KConnor56 is offline
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This is a tough one, but let me try to see if I can help.

First, Life2 is right. There is a policy that CDC "says" they adhere to. You can use this to help him. This is called the "Title 15", & I'm positive Ben has been given a copy of it, has seen, it, & has access to one if he tossed the one they gave him (Which is what 99% of guys do). There is a copy of the "Title 15" available on the Net, & I believe you can access it on the CDC web page. If you can't find it, let me know, & I'll find it, & tell you where it is. The "Title 15" is the bible of how CDC is run. It contains everything, hence, it's boring, hence most guys toss it, or tear it up to make stuff out of it.

Now is the hard part. This is the part I hate the most. This is where I tell you you really don't have much of a chance. The courts pretty much let the prisons call their own shots as to housing prisoners. I guess, you could get a lawyer & sue CDC, but this would be a long & expensive battle. Now I don't know any of the particulars in his case, so this really limits me in what I can tell you, you can do. Basically, he will have to wait till his review comes back to see what the comittee recomends. This is where your, or should I say his oportunity to fight this comes into play. Once they make a decision, & if he doesn't like it, he files what is called a 602, which is an inmate appeals form. This is for prisoners to appeal any action taken by CDC or any employeee of CDC. There is a whole process he has to go through, & it goes up in increasing levels, till he gets to Sacramento.

The only person who can really help you in his case is his counslor. Counslors go from very good to very bad.

If you need to contact me to discuss this in private you can e-mail me at Kconnor56@justice.com

I would prefer however to discuss this in this thread, because others may have something to offer also, & because others may also learn from your experiance. Your call-------Ken
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Old 04-26-2003, 01:09 PM
MantaRay MantaRay is offline
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Thank you Ken and Life2 (thanks for the 'miasma' comment).
Your suggestions are the conclusion that I would have eventually come to but you have shortcut my usual learning curve and saved me some valuable time. Because of your replys I have resigned to the fact that I am the best resource and that I just need to bite the bullet and do the footwork myself. A daunting task, but unavoidable.
I have located a website that offers access to Title 15. i will try to keep a summary of my findings posted here for others to see.

California Code of Rugulations website:
http://www.calregs.com/

If anyone else has any suggestions I will be very anxious to hear them.
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Old 04-26-2003, 03:24 PM
MantaRay MantaRay is offline
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OK, the link I posted earlier for Title 15 is NOT good. It does not provide the text of Title 15.
This one is good. It takes a while to load and download because it's a large file.
http://www.cdc.state.ca.us/Regulatio...Title%2015.pdf
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Old 04-26-2003, 04:02 PM
life2thesequel life2thesequel is offline
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Good for you... If it ever starts to seem like work to you... Just consider what you're going to have to show for the effort.
It will indeed have paid to get up, because you'll have learned something,.. and you can take yourself out to dinner because whatever time it takes, you won't have been spending it with some attorney's meter running.

If for some reason down the road you ever need to have an atty on this deal, you'll be able to provide him with all the pertainent research.. He'll only charge you to read it.

Bon Appetite.
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Old 04-27-2003, 02:48 AM
KConnor56 KConnor56 is offline
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Manta,

All this is going to depend on what the circumstances of his case are. If you can tell me, I can help you out a lot more. If not that is cool to. Anyway, they ussually make their decisions within a month. I've seen some come back in days. During this process its normal for the prisoner to be in the Hole or SHU. They do this for everyones protection till they sort everything out & decide what to do. Everytime I went to committee I had a decision inside of a week, except when I recieved a 6 month SHU term, & that decision took 2 weeks.

In the Title 15 is a list of SHU terms for various offenses. At least in my old one I have here there is. So this should give you an idea of how much SHU time he is looking at. The Title 15 also explains the appeals process he can go through, & what he is entitled to. Also, you can contact his counslor by phone & talk to them & see where things stand. When dealing with his counslor, be as pleasent as possible as they can really be of benefit, & you don't want to be on their bad side. We use to say the strongest, most powerful weapon they have is the Pen.

If I can be of any help just let me know-------------Ken
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