California Prison Reform and the Progressive challenge for 2008

Robert Fassbender, currently in Lerdo Jail, was arrested for stealing donuts in Bakersfield which could constitute his "third strike." Fassbender, 51, faces a third strike for allegedly stealing a package of Hostess doughnuts from the Wildrose Station in Tehachapi.

Fassbender didn't hurt anyone while taking the doughnuts on Nov. 10, according to both Yraceburn and Webb. He began eating one of the doughnuts in front of the register and then walked out with the package. Fassbender said the incident was a "misunderstanding because he said he thought his friend had paid for the 50-cent package of doughnuts. An empty package of doughnuts was later found by law enforcement at Fassbender's residence.

"Well tax payers here is California progress for you. Open your wallet and pay to house him for the rest of his life. A 50 cent pack of donuts,what a terrible crime!... Throw the book at him! What a joke California has become.

Donna I no what you mean and taxs payers and voters cry over where there ...taxs money ...going for the prisons and then they cry over them getting out of prison.but the taxs payers and voters maded this mess!!! I just hope the three judge panel well ined this mess with a cap on the prisons in calif..

The 3 strikes law is a mess people being put away for life for petty nonviolent offenses they get stuck in there for the rest of there lives. Its hard to change that law. The other side can charge the atomphere with henious crimes going on. It makes it hard to change that law alot of these people that shouldnt be in there for life get put in the mix with people who should be in there for life. The other side always uses that against us family members, that are trying to get that law changed

prison staff from administration to parole board needs overhall, thier a joke, Prisoners can't get a pschic hearing on time, inmate conuslors are people inmates don't even see before going to board hearnings.counslors changes so offen, Parole boards sends inmates because lack of staff the system report not being avaiable.

I see the three judge panel is a joke too ..it dont take this long to do samething about the prison they are waiting for all inmates to die so they dont have too due anything and the state of calif wins again and again for 12 years now big joke

TO THOSE CONCERNED AND/OR INTERESTED:
IT IS MY GREATEST HOPE FOR THIS MESSAGE TO REACH OUR GOVERNOR, ARNOLD SCHWARZENEGGER, SENTATOR GLORIA ROMERO AND ALL OUR CALIFORNIA SENATORS INVOLVED WITH PRISON REFORM.

THIS LETTER IS AN ATTEMPT TO ADDRESS A (CDCR) POLICY DEFICIENCY THAT IS AFFECTING MYSELF AND OTHER CALIFORNIA INMATES CONFINED TO THE SECURITY HOUSING UNITS (S.H.U.'S) FOR ADMINISTRATIVE REASONS.

I WAS SENTENCED TO SIX (6) YEARS IN PRISON BY SANTA CLARA COUNTY SUPERIOR COURT UNDER PENAL CODE (P.C.) 2933, WHICH ENTITLES ME TO EARN DAY FOR DAY CREDIT (HALF-TIME) IF I EITHER GOT A JOB OR PARTICIPATE IN AN EDUCATIONAL PROGRAM.

HERE IS THE PROBLEM, C.C.R. TITLE 15 SECTION 3044(b)(6) STATES THAT AN INMATE ASSIGNED TO SEGREGATED HOUSING FOR AN INDETERMINATE PERIOD SHALL BE AWARDED THREE MONTHS CREDIT FOR SIX MONTHS SERVED OR ONE DAY CREDIT FOR TWO DAYS SERVED.

I'M IN THE SECURITY HOUSING UNIT FOR ADMINISTRATIVE REASONS, NOT FOR ANY TYPE OF DISCIPLINARY PUNISHMENT. C.C.R. 3044 (c)(6)(A) DESIGNATED PRIVILEDGE GROUP D., HOWEVER, IF ASSIGNED TO A QUALIFYING WORK/TRAINING PROGRAM WITHIN THE SPECIAL HOUSING UNIT, THE INMATE SHALL BE ASSIGNED PRIVILEDGES OF A HIGHER GROUP, IF SUCH PRIVILEDGES ARE AVAILABLE WITHIN THE ASSIGNED HOUSING UNIT. THIS DOES NOT MAKE MENTION, SPECIFICALLY, TO THE TOPIC OF HALF-TIME WORK/TRAINING CREDIT EARNING.

HOWEVER DAY FOR DAY CREDITS ARE TYPICALLY EARNED IN A HIGHER PRIVILEDGE GROUP, IT IS NOT UNREASONABLE TO CONSIDER ALLOWING INMATES, SUCH AS MYSELF, WHO ARE ELIGIBLE PER PENAL CODE 2933 TO BE ENTITLED TO EARN THEIR HALF-TIME CREDITS BY PARTICIPATING IN EDUCATIONAL PROGRAMS.

HERE IN THE CALIFORNIA CORRECTIONAL INSTITUTE (TEHACHIPI) (S.H.U.) FOR EXAMPLE, THERE ARE G.E.D. CLASSES AND COLLEGE COURSES ALREADY AVAILABLE AND PERMITTED ON A MINIMAL BASIS, HOWEVER, BECAUSE OF C.C.R. 3044 (b)(6) AND THE TRADITIONAL ATTITUDE OF (CDCR) TOWARDS ADMINSTRATIVELY SEGREGATED INMATES IN THE S.H.U. TO BE TREATED IN THE SAME MANNER AS INMATES PLACED IN THE S.H.U. FOR DISCIPLINARY PUNISHMENT.

NO CONSTRUCTIVE EFFORT IS BEING MADE TO HELP INMATES, SUCH AS MYSELF, EARN THEIR DAY FOR DAY CREDITS, WHICH ULTIMATELY AFFECTS THE DURATION OF OUR SENTENCES.
"THIS LADIES AND GENTLEMEN, IS A STATE CREATED LIBERTY INTEREST".

HERE ARE A FEW WAYS THAT AN AMENDED POLICY WITHIN THE (CDCR) AND THE TITLE 15 WOULD BENEFIT THE CALIFORNIA PRISON SYSTEM IN A PERFECTLY LEGAL MANNER UNDER P.C.2933.

1. FIRST AND FOREMOST, IT'S IN THE INTEREST OF PUBLIC SAFETY. WE MUST KEEP IN MIND THAT S.H.U. INMATES WILL SOMEDAY BE RELEASED BACK INTO THE COMMUNITY. THIS NEW APPROACH WOULD ENCOURAGE S.H.U. INMATES TO ENGAGE THEMSELVES IN POSITIVE EDUCATIONAL ENDEAVORS WHILE INCARCERATED.

2. IT WOULD HELP REDUCE THE PRISON POPULATION IN A POSITIVE AN PRODUCTIVE FASHION BY ALLOWING S.H.U. INMATES ELIGIBLE PER P.C. 2933 AND WHO HAVE NOT FORFEITED SUCH CREDITS DUE TO DISCIPLINARY MISCONDUCT, TO EARN THEIR HALF-TIME CREDIT AND AN EARLIER RELEASE BY PARTICIPATING IN AN EDUCATIONAL PROGRAM.

3. IT IS COST EFFECTIVE (CDCR) PAYS AN ENORMOUS AMOUNT OF MONEY TO HOUSE S.H.U. INMATES UDER THE CURRENT POLICY (CDCR) FITS THE BILL FOR EIGHT MONTHS ON THE YEAR WHEN IT COULD BE SIX MONTHS ON THE YEAR FOR THOSE ELIGIBLE. WITH THE NUMBER OF ELIGIBLE INMATES PRESENTLY IN THE S.H.U. OR OTHER SPECIAL HOUSING UNITS STATE WIDE FOR ADMINISTRATIVE REASONS. THE AMOUNT OF TIME THEY COLLECTIVELY SERVE ADD'S UP TO ALOT OF EXTRA TAX PAYERS MONEY.

4. IT WILL REDUCE THE RECIDIUISM RATE BY INCREASING AN INMATES CHANCE OF RE-ENTERING THE COMMUNITY AND BECOMING PRODUCTIVE MEMBERS OF SOCETY.

THIS SITUATION AFFECTS ALL CONCERNED PARTES, CDCR STAFF, INMATES, AND SOCIETY IN GENERAL. I'M ASKING YOU TO CONSIDER THE ISSUE AND PROPOSE AN AMENDED POLICY CHANGE THAT WOULD ALLOW ELIGIBLE S.H.U. INMATE TO PARTICIPATE IN EDUCATIONAL/TRAINING PROGRAMS AND EARN DAY FOR DAY CREDITS, PER P.C. 2933.

JUST AS GOVERNOR SCHARZENEGGER DID WITH THE BRIDGING EDUCATION PROGRAM (B.E.P.) FOR RECEPTION CENTER INMATES".

RESPECTFULLY,
MARTIN MARTINEZ #F54365
C.C.I.
4B 6A-207
P.O. BOX 1906
TEHACHIPI, CA 93581

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