Sentence Cannot Begin Due to COVID-19

[Bangers19]

Hi y’all,

I was hoping someone can help me with what we can do. My LO was sentenced to go to a 6 month rehabilitation program and has been waiting since early January. When the virus began and inmates started being released, his attorney said the Judge was not going to be releasing any inmates awaiting this program because they were still accepting transfers. The thing is, there were no transfers going on at this time. The state stopped transfers weeks before. I also called the facilities(there are 2 he could go to) and they also said they’re not accepting transfers. I feel like if the Judge knew the correct information that everything would be different right now.

On 4/8 he was sent to the transfer unit. As he is only there as a transit, he gets no privileges(phone calls, photos, commissary, books, etc). On 4/10 the unit went on lockdown and they’ve been having positive cases since. On 4/13 the state put a stop to all transfers from county jails. He was a few days away from being left in county, and having the potential to come home.

The concern here is that his sentence is to go to the 6 month program. He cannot go to this program until transfers begin again in the state, which won’t be for a while. Until then he is stuck locked up with all of this time meaning nothing. I don’t feel like it’s right he has to sit there with all of these months and continuing months meaning nothing, and also that it’s a waste of the states resources. Only for him to be transferred out to begin his actual sentence in the 6 month program. With the way things are now, especially considering his current facility has positive cases, I believe he won’t have any possibility of transferring until at least the end of the summer. If that happens, he’ll end up spending over a year and a half in jail/prison for a 6 month sentence.

Is there anything that we can do? We can write a letter but to who? Who can we call? I read the conferences that the state had with other organizations and one asked the state if any inmates were awaiting this program, and the state didn’t seem to know. There are inmates like him sitting in somewhat of a purgatory as their sentence hasn’t actually began.

If anyone has any insight or advice I would appreciate it.

**My LO is nonviolent. He has DWI’s from years ago and got a probation violation, that was nothing regarding drugs or alcohol. He doesn’t drive. The program is for substance abuse and he had been doing fine for years and always passed all this tests. Our attorney is super difficult to get ahold of so looking at other routes.

[ElMaestro]

My first inclination would be to contact every single news station and newspaper around the particular area in question, and focus on "investigator" types of news employees who do specials.

Also, does this particular state have a not-for-profit organization that represents criminal offenders in matters like this? You might research and reach out to them and see if they can help you.

[Bangers19]

Originally Posted by ElMaestro

My first inclination would be to contact every single news station and newspaper around the particular area in question, and focus on "investigator" types of news employees who do specials.

Also, does this particular state have a not-for-profit organization that represents criminal offenders in matters like this? You might research and reach out to them and see if they can help you.

I didn’t think about the news. He’s not longer in this county and is 3 hours away. Would you suggest I contact the ones here or where he is?

I reached out to the one organization that asked the state about inmates in his situation, and will be reaching out to others as well. Wasn’t quite sure if doing this would help. I want to contact as many people as possible. He doesn’t do drugs, is non-violent, and it’s just a waste of resources.

[onedayatatime13]

I would write to legislators and to public defenders. I wouldnt take it to the news just yet. To me that is more of last resort.

[Patrickj]

I think I would be getting a hold of the main person who runs this program. Next you need to get a hold of the Judge who sentenced him . Then explain the situation your Lo is having getting into a Court ordered program. I would also send a copy of said letter to the D.A. While you are writing letters send one to his attorney certified mail with Acknowledgement of Delivery(AOD) card attached to the envelope this way someone in his office must sign for the letter. Be sure to put a deadline date for this attorney to contact you or your loved one. When writing the Judge, District Attorney or the director of this program you put his case # in all of your letters.
Be sure that you stress in your letters that your sons health is at high risk being in facilities where the COVID 19 is showing up. Do not involve the media in this matter it will only make things worse on your LO.

[bellisq]

this is a legal issue. If the sentence anticipated that he would begin the program immediately, then the lawyer needs to go back to the court with options. There are private programs that may be available. Or he could be on bond until the state program is reopened. Lots of inmates who are in limbo are going this route. If you had a PD, and your LO wants to, push the PD to go back to court. These are extraordinary times, and there are alternatives that are safer than sitting in a petri dish.

[bon25252020]

Is he waiting to go to SAFP? They are not accepting anyone from county jail. This is so unfair that he can't come home.

[Bangers19]

Originally Posted by bon25252020

Is he waiting to go to SAFP? They are not accepting anyone from county jail. This is so unfair that he can't come home.

Yeah he’s waiting on SAFP. I feel like it’s just BS to keep him. It’s not worth it. He barely gets fed, there’s positive cases at his unit, he’s even gone a day without food because they didn’t have enough. They don’t have the resources.

[sidewalker]

while I dont have any good answers, I just want to say that Im so sorry. More added stress to an already stressful situation. I hope he can write at the very least. Im assuming visits are not happening either. Ug. Just ug.

All the uncertainty just sucks.
Hang in there, both of you!

[Bangers19]

Originally Posted by sidewalker

while I dont have any good answers, I just want to say that Im so sorry. More added stress to an already stressful situation. I hope he can write at the very least. Im assuming visits are not happening either. Ug. Just ug.

All the uncertainty just sucks.
Hang in there, both of you!

He had been writing every day but they wouldn’t mail them. I got three weeks worth of letters in the mail yesterday. He has no idea that he won’t be able to transfer and I don’t want to tell him to make him feel worse about the situation. He gets no phones, no visits, no commissary, his unit is on lockdown, and he’s isolated for being new. it’s all a mess!

[sidewalker]

Yeah, lack of info while they first get to prison (in CA they call it Reception) is probably the worst. Its doubly hard when they cant get visits to even know wtf is going on.
Pretty sure the rumor mill is in overdrive too.
And also pretty sure the remedy wont be swift either.