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The number of active cases at San Quentin has since dropped, but COVID-19 illnesses are spiking at other state prisons.","imgSizes":{"medium":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-800x530.jpg","width":800,"height":530,"mimeType":"image/jpeg"},"large":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1020x676.jpg","width":1020,"height":676,"mimeType":"image/jpeg"},"thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-160x106.jpg","width":160,"height":106,"mimeType":"image/jpeg"},"1536x1536":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1536x1018.jpg","width":1536,"height":1018,"mimeType":"image/jpeg"},"post-thumbnail":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-672x372.jpg","width":672,"height":372,"mimeType":"image/jpeg"},"twentyfourteen-full-width":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1038x576.jpg","width":1038,"height":576,"mimeType":"image/jpeg"},"apple_news_ca_landscape_12_9":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1832x1273.jpg","width":1832,"height":1273,"mimeType":"image/jpeg"},"apple_news_ca_landscape_9_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1376x1032.jpg","width":1376,"height":1032,"mimeType":"image/jpeg"},"apple_news_ca_landscape_5_5":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1044x783.jpg","width":1044,"height":783,"mimeType":"image/jpeg"},"apple_news_ca_landscape_4_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-632x474.jpg","width":632,"height":474,"mimeType":"image/jpeg"},"apple_news_ca_landscape_4_0":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-536x402.jpg","width":536,"height":402,"mimeType":"image/jpeg"},"apple_news_ca_portrait_12_9":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1122x1273.jpg","width":1122,"height":1273,"mimeType":"image/jpeg"},"apple_news_ca_portrait_9_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-840x1120.jpg","width":840,"height":1120,"mimeType":"image/jpeg"},"apple_news_ca_portrait_5_5":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-687x916.jpg","width":687,"height":916,"mimeType":"image/jpeg"},"apple_news_ca_portrait_4_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-414x552.jpg","width":414,"height":552,"mimeType":"image/jpeg"},"apple_news_ca_portrait_4_0":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-354x472.jpg","width":354,"height":472,"mimeType":"image/jpeg"},"apple_news_ca_square_12_9":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1472x1273.jpg","width":1472,"height":1273,"mimeType":"image/jpeg"},"apple_news_ca_square_9_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-1104x1104.jpg","width":1104,"height":1104,"mimeType":"image/jpeg"},"apple_news_ca_square_5_5":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-912x912.jpg","width":912,"height":912,"mimeType":"image/jpeg"},"apple_news_ca_square_4_7":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-550x550.jpg","width":550,"height":550,"mimeType":"image/jpeg"},"apple_news_ca_square_4_0":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut-470x470.jpg","width":470,"height":470,"mimeType":"image/jpeg"},"kqedFullSize":{"file":"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS44173_GettyImages-1255121114-qut.jpg","width":1920,"height":1273}},"fetchFailed":false,"isLoading":false}},"audioPlayerReducer":{"postId":"stream_live"},"authorsReducer":{"byline_news_11957664":{"type":"authors","id":"byline_news_11957664","meta":{"override":true},"slug":"byline_news_11957664","name":"\u003ca href=\"https://calmatters.org/author/anabelsosa/\">Anabel Sosa\u003c/a>","isLoading":false},"mlam":{"type":"authors","id":"244","meta":{"index":"authors_1591205172","id":"244","found":true},"name":"Monica Lam","firstName":"Monica Z.","lastName":"Lam","slug":"mlam","email":"mlam@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Producer","bio":"Monica is senior producer of the weekly current affairs program, \"KQED Newsroom.\" She's also served as senior editor of digital content at KQED. 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Her work for KQED’s radio and online audiences is also carried on NPR and other national outlets. She has been recognized with awards from the Radio and Television News Directors Association, the Society for Professional Journalists; the Education Writers Association; the Best of the West and the National Federation of Community Broadcasters. Before joining KQED in 2010, Tyche spent more than a dozen years as a newspaper reporter, notably at the \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">San Francisco Chronicle\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">. At different times she has covered criminal justice, government and politics and urban planning. Tyche has taught in the MFA Creative Writing program at the University of San Francisco and at UC Berkeley’s Graduate School of Journalism, where she was co-director of a national immigration symposium for professional journalists. 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His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"jsmall":{"type":"authors","id":"6625","meta":{"index":"authors_1591205172","id":"6625","found":true},"name":"Julie Small","firstName":"Julie","lastName":"Small","slug":"jsmall","email":"jsmall@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Julie Small reports on criminal justice and immigration.\r\n\r\nShe was part of a team at KQED awarded a regional 2019 Edward R. Murrow award for continuing coverage of the Trump Administration's family separation policy.\r\n\r\nThe Society for Professional Journalists recognized Julie's 2018 \u003ca href=\"https://www.kqed.org/news/11636262/the-officer-tased-him-31-times-the-sheriff-called-his-death-an-accident\">reporting\u003c/a> on the San Joaquin County Sheriff's \u003ca href=\"https://www.kqed.org/news/11634689/autopsy-doctors-sheriff-overrode-death-findings-to-protect-law-enforcement\">interference\u003c/a> in death investigations with an Excellence in Journalism Award for Ongoing Coverage.\r\n\r\nJulie's\u003ca href=\"https://www.kqed.org/news/11039666/two-mentally-ill-inmates-died-one-month-in-santa-clara\"> reporting\u003c/a> with Lisa Pickoff-White on the treatment of mentally ill offenders in California jails earned a 2017 regional Edward R. Murrow Award for news reporting and an investigative reporting award from the SPJ of Northern California.\r\n\r\nBefore joining KQED, Julie covered government and politics in Sacramento for Southern California Public Radio (SCPR). Her 2010 \u003ca href=\"https://www.scpr.org/specials/prisonmedical/\">series\u003c/a> on lapses in California’s prison medical care also won a regional Edward R. Murrow Award for investigative reporting and a Golden Mic Award from the RTNDA of Southern California.\r\n\r\nJulie began her career in journalism in 2000 as the deputy foreign editor for public radio's \u003cem>Marketplace, \u003c/em>while earning her master's degree in journalism from USC’s Annenberg School of Communication.","avatar":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twitter":"@SmallRadio2","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["author"]}],"headData":{"title":"Julie Small | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4baedf201468df97be97c2a9dd7585d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/jsmall"},"fjhabvala":{"type":"authors","id":"8659","meta":{"index":"authors_1591205172","id":"8659","found":true},"name":"Farida Jhabvala Romero","firstName":"Farida","lastName":"Jhabvala Romero","slug":"fjhabvala","email":"fjhabvala@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"\u003cspan style=\"font-weight: 400;\">Farida Jhabvala Romero is a Labor Correspondent for KQED. She previously covered immigration. Farida was \u003ca href=\"https://www.ccnma.org/2022-most-influential-latina-journalists\">named\u003c/a> one of the 10 Most Influential Latina Journalists in California in 2022 by the California Chicano News Media Association. Her work has won awards from the Society of Professional Journalists (Northern California), as well as a national and regional Edward M. Murrow Award for the collaborative reporting projects “Dangerous Air” and “Graying California.” \u003c/span>\u003cspan style=\"font-weight: 400;\">Before joining KQED, Farida worked as a producer at Radio Bilingüe, a national public radio network. Farida earned her master’s degree in journalism from Stanford University.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twitter":"FaridaJhabvala","facebook":null,"instagram":null,"linkedin":"https://www.linkedin.com/in/faridajhabvala/","sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["author"]}],"headData":{"title":"Farida Jhabvala Romero | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c3ab27c5554b67b478f80971e515aa02?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/fjhabvala"},"slewis":{"type":"authors","id":"8676","meta":{"index":"authors_1591205172","id":"8676","found":true},"name":"Sukey Lewis","firstName":"Sukey","lastName":"Lewis","slug":"slewis","email":"slewis@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Sukey Lewis is a criminal justice reporter and host of \u003cem>On Our Watch\u003c/em>, a new podcast from NPR and KQED about the shadow world of police discipline. In 2018, she co-founded the California Reporting Project, a coalition of newsrooms across the state focused on obtaining previously sealed internal affairs records from law enforcement. In addition to her reporting on police accountability, Sukey has investigated the bail bonds industry, California's wildfires and the high cost of prison phone calls. Sukey earned a master's degree in journalism from the University of California at Berkeley. Send news tips to slewis@kqed.org.","avatar":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twitter":"SukeyLewis","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["author","edit_others_posts"]}],"headData":{"title":"Sukey Lewis | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/03fd6b21024f99d8b0a1966654586de7?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slewis"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11967728":{"type":"posts","id":"news_11967728","meta":{"index":"posts_1591205157","site":"news","id":"11967728","score":null,"sort":[1700258457000]},"guestAuthors":[],"slug":"california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","title":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents","publishDate":1700258457,"format":"standard","headTitle":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>Over the seven years Lawrence Cox worked as an inmate in California state prisons, he washed kitchen dishes and pans and cleaned urinals and dormitories.\u003c/p>\n\u003cp>Cox said he was never paid more than 18 cents an hour and was not paid at all for some work assignments.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation then deducted about half of his meager earnings to cover court-imposed restitution fines.\u003c/p>\n\u003cp>When Cox was eventually released last year, he was entitled under \u003ca href=\"https://law.justia.com/codes/california/2007/pen/2700-2717.html\">state law\u003c/a> to collect $200, but received no additional compensation for his many years of labor.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Like a lot of people, I got out with really nothing,” said Cox, 39. He said he was lucky to get financial help from loved ones, but it was still difficult for him to afford housing, transportation and other basic services as he tried to reestablish himself after serving time.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">Under a recent CDCR proposal\u003c/a>, tens of thousands of incarcerated workers in state prisons would get marginal wage increases, but most would still earn well under $1 per hour.\u003c/p>\n\u003cp>The plan calls for doubling the minimum wage — from its current rate of just 8 cents an hour to 16 cents. Incarcerated people with the highest skill levels or in lead positions would earn as much as 74 cents an hour, up from 37 cents.\u003c/p>\n\u003cp>The agency is seeking public comment on the proposed changes through Nov. 22.\u003c/p>\n\u003cp>Nearly 39,000 incarcerated people have job assignments in state prisons, doing everything from construction and maintenance work to custodial, food and clerical services, among a host of other \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/202120220ACA3_Senate-Appropriations-4.pdf\">jobs\u003c/a>. Some also \u003ca href=\"https://www.calpia.ca.gov/about/\">manufacture\u003c/a> products like office furniture, license plates, cell phone equipment and eyewear.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"prisons\"]More than 1,000 incarcerated firefighters across the state would also receive a pay hike. Under the new proposal, they would earn a maximum daily rate ranging between $5.80 to $10.24, about double their current daily rate of $2.90 to $5.13 — which includes an additional $1 per hour when battling active fires.\u003c/p>\n\u003cp>CDCR said these wage increases would incentivize incarcerated workers to retain jobs that support their rehabilitation and would give them greater “buying power” for canteen hygiene and food items. It would also provide the state with more firefighting personnel, the agency noted.\u003c/p>\n\u003cp>“It is the responsibility of CDCR to ensure its inmate population is treated with dignity and has the resources and skills needed to transition back to society. This responsibility extends to fair compensation for jobs performed while incarcerated,” CDCR said in its \u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">notice\u003c/a> of the regulation changes.\u003c/p>\n\u003cp>Increased compensation will also help workers meet restitution-payment requirements for crime victims and save more money for after their release, Tessa Outhyse, a CDCR spokesperson, said in an email to KQED.\u003c/p>\n\u003cp>The proposed regulations would additionally eliminate all unpaid work assignments, Outhyse added, although it would also reduce a majority of full-time job assignments to half-time.\u003c/p>\n\u003cp>“CDCR values the contributions of its incarcerated workers and is committed to its mission to prepare people in its custody to successfully return to their communities,” Outhyse said.\u003c/p>\n\u003cp>But some living wage advocates have slammed CDCR’s proposed pay increases, calling them grossly insufficient.\u003c/p>\n\u003cp>Members of the \u003ca href=\"https://onefairwage.site/wp-content/uploads/2023/04/CA_NeedsLivingWage_2304.pdf\">California Living Wage For All Coalition \u003c/a>have questioned how incarcerated people will make more money, even with a wage hike, if their total hours are cut. They also argue that subminimum wages contribute to recidivism, as incarcerated people are often released into abject poverty.\u003c/p>\n\u003cp>“It’s shameful,” said Cox, who now works as a policy and organizing associate at \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a>, an Oakland-based nonprofit. “To continue the practice of exploiting individuals is just deplorable. An increase to 16 cents … I still can’t do anything with it.”\u003c/p>\n\u003cp>California’s pay schedule for incarcerated workers has remained largely unchanged for the last 30 years. The state’s hourly pay rate is well below the national average, which was 39 cents in 2017, according to CDCR.\u003c/p>\n\u003cp>Advocates argue the state has the ability to pay incarcerated workers higher wages. They point to the California Prison Industry Authority’s \u003ca href=\"https://jointventureprogram.calpia.ca.gov/workers-wages/\">Joint Venture Program\u003c/a>, which offers incarcerated workers comparable wages to those outside prison. The program boasts \u003ca href=\"https://jointventureprogram.calpia.ca.gov/benefits/\">a 9% recidivism rate\u003c/a>, drastically lower than for CDCR’s general population, although only 13 incarcerated workers are currently participating in it.\u003c/p>\n\u003cp>The Thirteenth Amendment of the U.S. Constitution forbids slavery and involuntary servitude except to punish crime. California’s law contains that \u003ca href=\"https://law.justia.com/constitution/california/article-i/section-6/#:~:text=SEC.,prohibited%20except%20to%20punish%20crime.\">same exemption\u003c/a>, which allows CDCR to compel incarcerated people to work, regardless of the wages.\u003c/p>\n\u003cp>Voters in several states, including Oregon and Alabama, recently approved measures removing\u003ca href=\"https://apnews.com/article/politics-united-states-government-california-nevada-constitutions-cd220ed1abfd63c5971ee1394756c7e7\"> involuntary servitude\u003c/a> from their constitutions. However, a proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240ACA8\">constitutional amendment\u003c/a> in California to prohibit involuntary servitude as a punishment to a crime is being considered in the state Legislature.\u003c/p>\n\u003cp>Additionally, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1371\">bill\u003c/a> to require CDCR to adopt a five-year plan to increase incarcerated workers’ wages was vetoed by Gov. Gavin Newsom last year because of its fiscal impact, estimated at more than $400 million per year.\u003c/p>\n\u003cp>Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/SB-1371-VETO.pdf?emrc=bdd649\">argued\u003c/a> that with lower-than-expected revenues, the state must prioritize existing obligations and priorities, such as education and health care.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>January 29: An earlier version of this story incorrectly stated that a California constitutional amendment to prohibit all forms of involuntary servitude died in the state Legislature last year. This story has been edited to correct the inaccuracy that the measure is still being considered by the state Legislature.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Tens of thousands of incarcerated workers in California could soon get a slight wage increase, but most would still earn well under $1 an hour.","status":"publish","parent":0,"modified":1706553825,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":943},"headData":{"title":"California Prison Officials Aim to Raise Hourly Minimum Wage for Incarcerated Workers — to at Least 16 Cents | KQED","description":"Tens of thousands of incarcerated workers in California could soon get a slight wage increase, but most would still earn well under $1 an hour.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11967728/california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>Over the seven years Lawrence Cox worked as an inmate in California state prisons, he washed kitchen dishes and pans and cleaned urinals and dormitories.\u003c/p>\n\u003cp>Cox said he was never paid more than 18 cents an hour and was not paid at all for some work assignments.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation then deducted about half of his meager earnings to cover court-imposed restitution fines.\u003c/p>\n\u003cp>When Cox was eventually released last year, he was entitled under \u003ca href=\"https://law.justia.com/codes/california/2007/pen/2700-2717.html\">state law\u003c/a> to collect $200, but received no additional compensation for his many years of labor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Like a lot of people, I got out with really nothing,” said Cox, 39. He said he was lucky to get financial help from loved ones, but it was still difficult for him to afford housing, transportation and other basic services as he tried to reestablish himself after serving time.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">Under a recent CDCR proposal\u003c/a>, tens of thousands of incarcerated workers in state prisons would get marginal wage increases, but most would still earn well under $1 per hour.\u003c/p>\n\u003cp>The plan calls for doubling the minimum wage — from its current rate of just 8 cents an hour to 16 cents. Incarcerated people with the highest skill levels or in lead positions would earn as much as 74 cents an hour, up from 37 cents.\u003c/p>\n\u003cp>The agency is seeking public comment on the proposed changes through Nov. 22.\u003c/p>\n\u003cp>Nearly 39,000 incarcerated people have job assignments in state prisons, doing everything from construction and maintenance work to custodial, food and clerical services, among a host of other \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/202120220ACA3_Senate-Appropriations-4.pdf\">jobs\u003c/a>. Some also \u003ca href=\"https://www.calpia.ca.gov/about/\">manufacture\u003c/a> products like office furniture, license plates, cell phone equipment and eyewear.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"prisons"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>More than 1,000 incarcerated firefighters across the state would also receive a pay hike. Under the new proposal, they would earn a maximum daily rate ranging between $5.80 to $10.24, about double their current daily rate of $2.90 to $5.13 — which includes an additional $1 per hour when battling active fires.\u003c/p>\n\u003cp>CDCR said these wage increases would incentivize incarcerated workers to retain jobs that support their rehabilitation and would give them greater “buying power” for canteen hygiene and food items. It would also provide the state with more firefighting personnel, the agency noted.\u003c/p>\n\u003cp>“It is the responsibility of CDCR to ensure its inmate population is treated with dignity and has the resources and skills needed to transition back to society. This responsibility extends to fair compensation for jobs performed while incarcerated,” CDCR said in its \u003ca href=\"https://www.cdcr.ca.gov/regulations/wp-content/uploads/sites/171/2023/10/NCR-23-11-Inmate-Pay-Rates-Schedules-and-Exceptions.pdf\">notice\u003c/a> of the regulation changes.\u003c/p>\n\u003cp>Increased compensation will also help workers meet restitution-payment requirements for crime victims and save more money for after their release, Tessa Outhyse, a CDCR spokesperson, said in an email to KQED.\u003c/p>\n\u003cp>The proposed regulations would additionally eliminate all unpaid work assignments, Outhyse added, although it would also reduce a majority of full-time job assignments to half-time.\u003c/p>\n\u003cp>“CDCR values the contributions of its incarcerated workers and is committed to its mission to prepare people in its custody to successfully return to their communities,” Outhyse said.\u003c/p>\n\u003cp>But some living wage advocates have slammed CDCR’s proposed pay increases, calling them grossly insufficient.\u003c/p>\n\u003cp>Members of the \u003ca href=\"https://onefairwage.site/wp-content/uploads/2023/04/CA_NeedsLivingWage_2304.pdf\">California Living Wage For All Coalition \u003c/a>have questioned how incarcerated people will make more money, even with a wage hike, if their total hours are cut. They also argue that subminimum wages contribute to recidivism, as incarcerated people are often released into abject poverty.\u003c/p>\n\u003cp>“It’s shameful,” said Cox, who now works as a policy and organizing associate at \u003ca href=\"https://prisonerswithchildren.org\">Legal Services for Prisoners with Children\u003c/a>, an Oakland-based nonprofit. “To continue the practice of exploiting individuals is just deplorable. An increase to 16 cents … I still can’t do anything with it.”\u003c/p>\n\u003cp>California’s pay schedule for incarcerated workers has remained largely unchanged for the last 30 years. The state’s hourly pay rate is well below the national average, which was 39 cents in 2017, according to CDCR.\u003c/p>\n\u003cp>Advocates argue the state has the ability to pay incarcerated workers higher wages. They point to the California Prison Industry Authority’s \u003ca href=\"https://jointventureprogram.calpia.ca.gov/workers-wages/\">Joint Venture Program\u003c/a>, which offers incarcerated workers comparable wages to those outside prison. The program boasts \u003ca href=\"https://jointventureprogram.calpia.ca.gov/benefits/\">a 9% recidivism rate\u003c/a>, drastically lower than for CDCR’s general population, although only 13 incarcerated workers are currently participating in it.\u003c/p>\n\u003cp>The Thirteenth Amendment of the U.S. Constitution forbids slavery and involuntary servitude except to punish crime. California’s law contains that \u003ca href=\"https://law.justia.com/constitution/california/article-i/section-6/#:~:text=SEC.,prohibited%20except%20to%20punish%20crime.\">same exemption\u003c/a>, which allows CDCR to compel incarcerated people to work, regardless of the wages.\u003c/p>\n\u003cp>Voters in several states, including Oregon and Alabama, recently approved measures removing\u003ca href=\"https://apnews.com/article/politics-united-states-government-california-nevada-constitutions-cd220ed1abfd63c5971ee1394756c7e7\"> involuntary servitude\u003c/a> from their constitutions. However, a proposed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240ACA8\">constitutional amendment\u003c/a> in California to prohibit involuntary servitude as a punishment to a crime is being considered in the state Legislature.\u003c/p>\n\u003cp>Additionally, a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1371\">bill\u003c/a> to require CDCR to adopt a five-year plan to increase incarcerated workers’ wages was vetoed by Gov. Gavin Newsom last year because of its fiscal impact, estimated at more than $400 million per year.\u003c/p>\n\u003cp>Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2022/09/SB-1371-VETO.pdf?emrc=bdd649\">argued\u003c/a> that with lower-than-expected revenues, the state must prioritize existing obligations and priorities, such as education and health care.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>January 29: An earlier version of this story incorrectly stated that a California constitutional amendment to prohibit all forms of involuntary servitude died in the state Legislature last year. This story has been edited to correct the inaccuracy that the measure is still being considered by the state Legislature.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11967728/california-prison-officials-aim-to-raise-hourly-minimum-wage-to-at-least-16-cents","authors":["8659"],"categories":["news_8"],"tags":["news_1628","news_616","news_1629","news_27626","news_33501","news_19904","news_33502","news_33500"],"featImg":"news_11967747","label":"news"},"news_11957664":{"type":"posts","id":"news_11957664","meta":{"index":"posts_1591205157","site":"news","id":"11957664","score":null,"sort":[1691591459000]},"guestAuthors":[],"slug":"california-prisons-have-a-drug-problem-a-strip-search-policy-takes-aim-at-visitors","title":"Advocates Push Back Against California Prisons' Strip-Search Policy","publishDate":1691591459,"format":"standard","headTitle":"Advocates Push Back Against California Prisons’ Strip-Search Policy | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>Renee Espinoza thought her first strip search at the hands of a California correctional officer guard would be her last. It happened during a visit to Centinela State Prison to see her incarcerated husband.\u003c/p>\n\u003cp>A few months later it happened again. And then again.\u003c/p>\n\u003cp>“It was the same process each time. I sign a paper saying it’s ok to search me, they escort me to the same locker room,” Renee said.\u003c/p>\n\u003cp>Before each search, she filled out the so-called Form 888, a requirement for each visitor who consents to an unclothed search. The first search felt procedural and normal, she recalled. On the second search, she noticed the female officers in the room had mirrors and used a flashlight.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On the third search, the correctional officer was more aggressive. “She was asking me to spread my genitals wider. And I’m just like, ‘there’s nothing in there!’ How much wider do you need me to open? How much lower do you need me to bend? What else do you need me to do?”\u003c/p>\n\u003cp>Espinoza shared her story last week with other families of state prisoners who are trying to make sense of a proposed change in search policy at the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>The department, which is facing pressure to stem the flow of drugs and cell phones into prisons, plans to make procedural changes that officials said would be minimal and meant to provide more clarity and consistency about the rights for those being searched.\u003c/p>\n\u003cp>“The only change these regulations implement is in regard to proposed changes to (the state prison system’s) Form 888, which works to include clarity and consistency with existing language describing the search process and the rights of those being searched. The search process itself will remain unchanged,” wrote Alia Cruz, a spokesperson for the corrections agency, in an email.[pullquote size=\"medium\" align=\"right\" citation=\"Sharon Dolovich, law professor and director, UCLA Prison Law and Policy Program\"]‘All this does is expand the scope of discretion to make it easier to justify … I suspect they are already strip-searching anyone they want.’[/pullquote]But one of the proposed changes in the regulation includes language that suggests correctional officers could have more discretion to perform a strip search. That change would lower the threshold for an officer to request a search from “probable cause” to “reasonable suspicion.”\u003c/p>\n\u003cp>Advocates are worried it could lead to unnecessarily invasive interactions between prisoners’ loved ones and correctional officers.\u003c/p>\n\u003cp>“People who run the visits already have a lot of discretion,” said Sharon Dolovich, a law professor who directs the UCLA Prison Law and Policy Program. “All this does is expand the scope of discretion to make it easier to justify … I suspect they are already strip-searching anyone they want.”\u003c/p>\n\u003cp>Attorney Eric Sapp of Legal Services for Prisoners with Children, an Oakland-based organization, met with families last week ahead of a scheduled public comment hearing on the regulation. He called the proposed change unlawful, inconsistent with other regulations, and said it was “concerning” that the department doesn’t explicitly say whether touching is allowed during unclothed searches.\u003c/p>\n\u003cp>“We do think it’s unreasonable that they want to change and harmonize those regulations by lowering ‘probable cause’ to ‘reasonable suspicion’ rather than doing the exact opposite,” he said, suggesting that the standard should remain at probable cause.\u003c/p>\n\u003cp>Cruz, the department’s spokesperson, said the proposed regulation is not intended to change the threshold for searches. She said the standards for strip and cavity searches would remain “unchanged” and would continue to be used only after less invasive means.\u003c/p>\n\u003cp>“Unclothed searches are completely voluntary unless a search warrant is presented. Unclothed searches are used very sparingly, and only when all other contraband interdiction efforts have been exhausted,” said Cruz. “Contraband interdiction efforts to be used before an unclothed search is proposed includes walk-through metal detectors and hand-held metal detectors.”\u003c/p>\n\u003cp>Declining a search has a consequence for prison visitors. It means they would not get to meet their incarcerated loved ones, which in some cases could waste an hours-long drive to an institution.\u003c/p>\n\u003ch2>Why is the prison search policy coming up now?\u003c/h2>\n\u003cp>California’s corrections agency put forward the proposed policy six months after an Office of Inspector General audit called attention to the flow of contraband into prisons, including during the pandemic when visitor restrictions were in place.\u003c/p>\n\u003cp>The report found the Department of Corrections had weak contraband prevention efforts in place and ultimately “allowed” the problem to continue. The inspector general urged the department to strengthen oversight of who and what comes into prisons to keep out drugs, including by searching staff more frequently and making more use of narcotic-detecting canines.\u003c/p>\n\u003cp>California state prisons recorded 1,274 overdoses between March 2019 and February 2020. In the following 12 months — after pandemic restrictions took effect — overdoses declined to 796, according to California Correctional Health Care Services.\u003c/p>\n\u003cp>Although the number of overdoses went down, the cases revealed that drugs found their way into prisons even when families couldn’t visit. Some avenues included staff, contractors, official visitors and mail.\u003c/p>\n\u003cp>Between 2021 and 2022, \u003ca href=\"https://www.cdcr.ca.gov/contraband-interdiction/\">64 visitors were arrested\u003c/a> across all state prisons for attempting to bring in contraband. In the same year, six prison employees and 46 non-visitors were also arrested, according to the department’s Office of Research. The number of visitors arrested are down from 286 in 2018 and 186 in 2019.\u003c/p>\n\u003cp>Drug delivery methods have gotten more outlandish. Recently two men were charged for using \u003ca href=\"https://www.latimes.com/california/story/2023-04-09/drones-drug-smuggling-california-prisons#\">drones to drop drugs, vape pens, MP3 players and phones into prison yards\u003c/a> across seven prison facilities, according to the \u003cem>Los Angeles Times\u003c/em>.\u003c/p>\n\u003cp>Asked to comment on the proposed search changes, Shaun Spillane, a spokesperson for the Inspector General’s office, said there is value in the decision to update policies.\u003c/p>\n\u003cp>“Although drugs still made it into prisons while visitation was suspended during the COVID-19 pandemic, it is important that the department have an effective search process for people who visit prisons,” Spillane said.\u003c/p>\n\u003ch2>California prison visits as a civil right\u003c/h2>\n\u003cp>The request to update search policies comes in the midst of the Newsom administration’s campaign to make prisons friendlier to families. He signed a law last month that \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1226\">allows prisoners to be housed in facilities closer\u003c/a> to where their children under 18 live.\u003c/p>\n\u003cp>The Newsom administration in 2021 added a \u003ca href=\"https://www.cdcr.ca.gov/news/2021/07/30/california-department-of-corrections-and-rehabilitation-to-launch-third-day-of-in-person-visiting-in-august/\">third day of weekly visitation\u003c/a> at all institutions to make family visits more accessible.\u003c/p>\n\u003cp>Research shows that \u003ca href=\"https://www.ojp.gov/ncjrs/virtual-library/abstracts/family-ties-during-imprisonment-do-they-influence-future-criminal#:~:text=Five%20empirical%20studies%20of%20the,disciplinary%20infractions%2C%20and%20lower%20recidivism.\">maintaining close family ties while incarcerated\u003c/a> contributes to positive parole outcomes and lowers the likelihood of recidivism.\u003c/p>\n\u003cp>But families say that with intimidating visitor policies in place, they will feel less inclined to visit. Others say they would refuse a search in protest, even if it means losing their visit.\u003c/p>\n\u003cp>“Close connections to loved ones on the outside is the single biggest predictor of success for re-entry, so why wouldn’t the CDCR try to enhance the experience and enhance the ability for people to visit rather than increasingly burden it?” Dolovich, the professor from UCLA, said.\u003c/p>\n\u003cp>Angel Rice, the wife of a prisoner and advocate at Empowering Women Impacted by Incarceration, said that after COVID-19, the department started giving families more freedom during the holidays.\u003c/p>\n\u003cp>Now, children and mothers are allowed to make Christmas ornaments and picture frames and decorate gingerbread houses.\u003c/p>\n\u003cp>“That is a small part of them doing something in a positive manner to make us feel like it’s family,” Rice said. “This is the Department of Rehabilitation. And these little events matter. They make a difference as far as preparing them to come home.”\u003c/p>\n\u003cp>The Legislature also has advanced a few bills this year to make family ties with prisoners more accessible.\u003c/p>\n\u003cp>One, sponsored by Assemblymember Miguel Santiago of Los Angeles, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB958\">would make visitation a civil right for prisoners\u003c/a> and restrict the Department of Corrections’ power to deny a person from visiting. Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2021/10/AB-990-PDF.pdf\">vetoed a version of this bill (PDF)\u003c/a> in 2021, on the basis that he thought the legislation could lead to costly litigation from individuals denied visitation for what may be valid security concerns.\u003c/p>\n\u003cp>On Wednesday, the department is scheduled to hold a public comment hearing about the new search regulations. Advocates have already proposed alternatives to the visitor policy, including raising the standard for an officer to request a strip search, or using non-intrusive technologies instead.\u003c/p>\n\u003cp>“These proposed changes in particular are unnecessary and dangerous, creating grave potential for abuse and causing undue burdens on visitors,” Sapp wrote in a letter to the department days before the public comment period ends. “We urge that significant changes be made before any regulations in this area are adopted.”\u003c/p>\n\u003cp>If approved, the department will put in a request for good cause, which would enact the policy immediately.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Gov. Gavin Newsom wants to make prisons a friendlier place for inmate families. An updated strip-search policy has some worried that families will face intrusive encounters during their visits.","status":"publish","parent":0,"modified":1691539867,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":38,"wordCount":1542},"headData":{"title":"Advocates Push Back Against California Prisons' Strip-Search Policy | KQED","description":"Gov. Gavin Newsom wants to make prisons a friendlier place for inmate families. An updated strip-search policy has some worried that families will face intrusive encounters during their visits.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"\u003ca href=\"https://calmatters.org/author/anabelsosa/\">Anabel Sosa\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11957664/california-prisons-have-a-drug-problem-a-strip-search-policy-takes-aim-at-visitors","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Renee Espinoza thought her first strip search at the hands of a California correctional officer guard would be her last. It happened during a visit to Centinela State Prison to see her incarcerated husband.\u003c/p>\n\u003cp>A few months later it happened again. And then again.\u003c/p>\n\u003cp>“It was the same process each time. I sign a paper saying it’s ok to search me, they escort me to the same locker room,” Renee said.\u003c/p>\n\u003cp>Before each search, she filled out the so-called Form 888, a requirement for each visitor who consents to an unclothed search. The first search felt procedural and normal, she recalled. On the second search, she noticed the female officers in the room had mirrors and used a flashlight.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On the third search, the correctional officer was more aggressive. “She was asking me to spread my genitals wider. And I’m just like, ‘there’s nothing in there!’ How much wider do you need me to open? How much lower do you need me to bend? What else do you need me to do?”\u003c/p>\n\u003cp>Espinoza shared her story last week with other families of state prisoners who are trying to make sense of a proposed change in search policy at the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>The department, which is facing pressure to stem the flow of drugs and cell phones into prisons, plans to make procedural changes that officials said would be minimal and meant to provide more clarity and consistency about the rights for those being searched.\u003c/p>\n\u003cp>“The only change these regulations implement is in regard to proposed changes to (the state prison system’s) Form 888, which works to include clarity and consistency with existing language describing the search process and the rights of those being searched. The search process itself will remain unchanged,” wrote Alia Cruz, a spokesperson for the corrections agency, in an email.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘All this does is expand the scope of discretion to make it easier to justify … I suspect they are already strip-searching anyone they want.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Sharon Dolovich, law professor and director, UCLA Prison Law and Policy Program","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But one of the proposed changes in the regulation includes language that suggests correctional officers could have more discretion to perform a strip search. That change would lower the threshold for an officer to request a search from “probable cause” to “reasonable suspicion.”\u003c/p>\n\u003cp>Advocates are worried it could lead to unnecessarily invasive interactions between prisoners’ loved ones and correctional officers.\u003c/p>\n\u003cp>“People who run the visits already have a lot of discretion,” said Sharon Dolovich, a law professor who directs the UCLA Prison Law and Policy Program. “All this does is expand the scope of discretion to make it easier to justify … I suspect they are already strip-searching anyone they want.”\u003c/p>\n\u003cp>Attorney Eric Sapp of Legal Services for Prisoners with Children, an Oakland-based organization, met with families last week ahead of a scheduled public comment hearing on the regulation. He called the proposed change unlawful, inconsistent with other regulations, and said it was “concerning” that the department doesn’t explicitly say whether touching is allowed during unclothed searches.\u003c/p>\n\u003cp>“We do think it’s unreasonable that they want to change and harmonize those regulations by lowering ‘probable cause’ to ‘reasonable suspicion’ rather than doing the exact opposite,” he said, suggesting that the standard should remain at probable cause.\u003c/p>\n\u003cp>Cruz, the department’s spokesperson, said the proposed regulation is not intended to change the threshold for searches. She said the standards for strip and cavity searches would remain “unchanged” and would continue to be used only after less invasive means.\u003c/p>\n\u003cp>“Unclothed searches are completely voluntary unless a search warrant is presented. Unclothed searches are used very sparingly, and only when all other contraband interdiction efforts have been exhausted,” said Cruz. “Contraband interdiction efforts to be used before an unclothed search is proposed includes walk-through metal detectors and hand-held metal detectors.”\u003c/p>\n\u003cp>Declining a search has a consequence for prison visitors. It means they would not get to meet their incarcerated loved ones, which in some cases could waste an hours-long drive to an institution.\u003c/p>\n\u003ch2>Why is the prison search policy coming up now?\u003c/h2>\n\u003cp>California’s corrections agency put forward the proposed policy six months after an Office of Inspector General audit called attention to the flow of contraband into prisons, including during the pandemic when visitor restrictions were in place.\u003c/p>\n\u003cp>The report found the Department of Corrections had weak contraband prevention efforts in place and ultimately “allowed” the problem to continue. The inspector general urged the department to strengthen oversight of who and what comes into prisons to keep out drugs, including by searching staff more frequently and making more use of narcotic-detecting canines.\u003c/p>\n\u003cp>California state prisons recorded 1,274 overdoses between March 2019 and February 2020. In the following 12 months — after pandemic restrictions took effect — overdoses declined to 796, according to California Correctional Health Care Services.\u003c/p>\n\u003cp>Although the number of overdoses went down, the cases revealed that drugs found their way into prisons even when families couldn’t visit. Some avenues included staff, contractors, official visitors and mail.\u003c/p>\n\u003cp>Between 2021 and 2022, \u003ca href=\"https://www.cdcr.ca.gov/contraband-interdiction/\">64 visitors were arrested\u003c/a> across all state prisons for attempting to bring in contraband. In the same year, six prison employees and 46 non-visitors were also arrested, according to the department’s Office of Research. The number of visitors arrested are down from 286 in 2018 and 186 in 2019.\u003c/p>\n\u003cp>Drug delivery methods have gotten more outlandish. Recently two men were charged for using \u003ca href=\"https://www.latimes.com/california/story/2023-04-09/drones-drug-smuggling-california-prisons#\">drones to drop drugs, vape pens, MP3 players and phones into prison yards\u003c/a> across seven prison facilities, according to the \u003cem>Los Angeles Times\u003c/em>.\u003c/p>\n\u003cp>Asked to comment on the proposed search changes, Shaun Spillane, a spokesperson for the Inspector General’s office, said there is value in the decision to update policies.\u003c/p>\n\u003cp>“Although drugs still made it into prisons while visitation was suspended during the COVID-19 pandemic, it is important that the department have an effective search process for people who visit prisons,” Spillane said.\u003c/p>\n\u003ch2>California prison visits as a civil right\u003c/h2>\n\u003cp>The request to update search policies comes in the midst of the Newsom administration’s campaign to make prisons friendlier to families. He signed a law last month that \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1226\">allows prisoners to be housed in facilities closer\u003c/a> to where their children under 18 live.\u003c/p>\n\u003cp>The Newsom administration in 2021 added a \u003ca href=\"https://www.cdcr.ca.gov/news/2021/07/30/california-department-of-corrections-and-rehabilitation-to-launch-third-day-of-in-person-visiting-in-august/\">third day of weekly visitation\u003c/a> at all institutions to make family visits more accessible.\u003c/p>\n\u003cp>Research shows that \u003ca href=\"https://www.ojp.gov/ncjrs/virtual-library/abstracts/family-ties-during-imprisonment-do-they-influence-future-criminal#:~:text=Five%20empirical%20studies%20of%20the,disciplinary%20infractions%2C%20and%20lower%20recidivism.\">maintaining close family ties while incarcerated\u003c/a> contributes to positive parole outcomes and lowers the likelihood of recidivism.\u003c/p>\n\u003cp>But families say that with intimidating visitor policies in place, they will feel less inclined to visit. Others say they would refuse a search in protest, even if it means losing their visit.\u003c/p>\n\u003cp>“Close connections to loved ones on the outside is the single biggest predictor of success for re-entry, so why wouldn’t the CDCR try to enhance the experience and enhance the ability for people to visit rather than increasingly burden it?” Dolovich, the professor from UCLA, said.\u003c/p>\n\u003cp>Angel Rice, the wife of a prisoner and advocate at Empowering Women Impacted by Incarceration, said that after COVID-19, the department started giving families more freedom during the holidays.\u003c/p>\n\u003cp>Now, children and mothers are allowed to make Christmas ornaments and picture frames and decorate gingerbread houses.\u003c/p>\n\u003cp>“That is a small part of them doing something in a positive manner to make us feel like it’s family,” Rice said. “This is the Department of Rehabilitation. And these little events matter. They make a difference as far as preparing them to come home.”\u003c/p>\n\u003cp>The Legislature also has advanced a few bills this year to make family ties with prisoners more accessible.\u003c/p>\n\u003cp>One, sponsored by Assemblymember Miguel Santiago of Los Angeles, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB958\">would make visitation a civil right for prisoners\u003c/a> and restrict the Department of Corrections’ power to deny a person from visiting. Newsom \u003ca href=\"https://www.gov.ca.gov/wp-content/uploads/2021/10/AB-990-PDF.pdf\">vetoed a version of this bill (PDF)\u003c/a> in 2021, on the basis that he thought the legislation could lead to costly litigation from individuals denied visitation for what may be valid security concerns.\u003c/p>\n\u003cp>On Wednesday, the department is scheduled to hold a public comment hearing about the new search regulations. Advocates have already proposed alternatives to the visitor policy, including raising the standard for an officer to request a strip search, or using non-intrusive technologies instead.\u003c/p>\n\u003cp>“These proposed changes in particular are unnecessary and dangerous, creating grave potential for abuse and causing undue burdens on visitors,” Sapp wrote in a letter to the department days before the public comment period ends. “We urge that significant changes be made before any regulations in this area are adopted.”\u003c/p>\n\u003cp>If approved, the department will put in a request for good cause, which would enact the policy immediately.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11957664/california-prisons-have-a-drug-problem-a-strip-search-policy-takes-aim-at-visitors","authors":["byline_news_11957664"],"categories":["news_6188","news_8"],"tags":["news_1628","news_616","news_2587","news_32994","news_32993"],"affiliates":["news_18481"],"featImg":"news_11957688","label":"news_18481"},"news_11938736":{"type":"posts","id":"news_11938736","meta":{"index":"posts_1591205157","site":"news","id":"11938736","score":null,"sort":[1674849009000]},"guestAuthors":[],"slug":"the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her","publishDate":1674849009,"format":"standard","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.[aside label=\"Related Stories\" postID=\"news_11924388,news_11923465,news_11909454\"]While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.[pullquote align=\"right\" size=\"medium\" citation=\"Virginia Reyes, aunt of Sandra Castañeda\"]'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'[/pullquote]Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”[pullquote align=\"right\" size=\"medium\" citation=\"Sandra Castañeda\"]'These people are still messing with my life, even though I already paid for my crime.'[/pullquote]The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'[/pullquote]“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.[pullquote align=\"right\" size=\"medium\" citation=\"Anoop Prasad, immigration lawyer, Asian Law Caucus\"]'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'[/pullquote]And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","status":"publish","parent":0,"modified":1676166849,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":114,"wordCount":5384},"headData":{"title":"California Overturned Her Murder Conviction. ICE Still Wants to Deport Her | KQED","description":"After serving 19 years in prison for a murder she didn't commit, then another year in immigration detention after prison officials transferred her to ICE, Sandra Castañeda saw her conviction vacated, and an immigration judge ruled there are no grounds to deport her — but ICE is appealing.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC6342854612.mp3?updated=1674771558","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the morning of July 27, 2021, Sandra Castañeda woke with a mixture of elation and dread. She was about to be released from prison after 19 years. What she wanted more than anything was to walk out of the California Institution for Women in Chino and head home for a reunion with her family in Los Angeles. She had imagined this day for so long.\u003c/p>\n\u003cp>“As a lifer, you want to get out of prison so bad,” she said. “But when it's there, you freak out,” wondering what freedom will be like, she said.\u003c/p>\n\u003cp>Castañeda, then 39, had spent nearly half of her life behind bars. She’d been sentenced to 40 years to life for murder, even though she didn’t actually kill anyone.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11924388,news_11923465,news_11909454"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>While Castañeda was in prison, California had enacted a series of criminal justice reforms, including one that allowed her to be resentenced. A Superior Court judge in Los Angeles had vacated Castañeda’s murder conviction and ordered her release.\u003c/p>\n\u003cp>But Castañeda didn’t walk free. Instead, she was loaded into a white van operated by U.S. Immigration and Customs Enforcement (ICE).\u003c/p>\n\u003cp>Castañeda’s story highlights how noncitizens, even longtime legal residents with green cards like Castañeda, are routinely funneled from state prison into the federal deportation system — even after the convictions that would make them deportable have been overturned. In a clash with state policy, legal records show, ICE and the federal immigration courts are disregarding state reforms that are letting people out of prison and dismissing old convictions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>With the help of others familiar with her case, Castañeda, a woman with a cascade of dark curls and an infectious laugh, explained how that July day unfolded and what it meant — for her, and potentially for thousands of other noncitizens who have had their convictions dismissed.\u003c/p>\n\u003ch2>From prison to ICE custody\u003c/h2>\n\u003cp>At 8 a.m., Colby Lenz, an advocate with the California Coalition for Women Prisoners, pulled into the parking lot of the prison in Chino, to await Castañeda’s release and give her a ride home.\u003c/p>\n\u003cp>But at 9 a.m. she watched as the guard in the tower opened the prison gate and the white ICE van rolled in. She saw guards walk Castañeda out and load her into the van. Lenz says Castañeda’s friends inside the facility were watching, too.\u003c/p>\n\u003cp>“Some of Sandra's close friends had come as close as they could to this area and were calling out to her,” she said. “They were basically telling her that they loved her, and were certainly distressed at what they were seeing.”\u003c/p>\n\u003cp>The van drove Castañeda to the ICE field office in San Bernardino. Lenz followed in her car. By 10 a.m. Castañeda was in a holding cell and Lenz was making urgent calls to Anoop Prasad, an immigration lawyer with the Asian Law Caucus in San Francisco, who agreed to take on Castañeda’s immigration case pro bono.\u003c/p>\n\u003cfigure id=\"attachment_11939152\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt='A south Asian man in a green sweater and jeans stands outside an office with \"Advancing Justice\" written on the window.' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57631_010_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Anoop Prasad poses for a portrait outside the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Anoop and I were tag teaming, calling the ICE office,” said Lenz. “We both talked to some of the officers there, trying to convince them that this was not a legal detention.”\u003c/p>\n\u003cp>Prasad said he even convinced the LA County District Attorney’s Office, which had originally prosecuted Castañeda, to call ICE and explain that her murder conviction had been vacated. But ICE seemed determined to keep her in custody.\u003c/p>\n\u003ch2>Gang friendships and a shooting\u003c/h2>\n\u003cp>Castañeda’s original conviction was connected to a murder that took place in 2002, when a teenage girl was shot and killed — and Castañeda was there. But the events of that night are rooted in the early chapters of her story.\u003c/p>\n\u003cp>Long before Castañeda was born, her family straddled the border with Mexico. Her grandmother was born in the U.S. Her mother and father were from the Mexican border city of Mexicali. When Castañeda was a little girl, the family spent time in both countries. Eventually her parents settled in LA, leaving her and her older sister with relatives in Mexicali. By the time Castañeda was 9, her parents had separated and her mother had started a new family. But an aunt and uncle in LA brought Castañeda and her sister to the U.S. on green cards, raising them along with their own children.\u003c/p>\n\u003cfigure id=\"attachment_11939173\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939173\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg\" alt=\"The image of a young Latina girl of kindergarten age wearing a white dress.\" width=\"800\" height=\"888\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-800x888.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1020x1132.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-160x178.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1384x1536.jpeg 1384w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360-1845x2048.jpeg 1845w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561163682__F0ED2441-191A-41FD-8226-B2197C68B292-scaled-e1674682242360.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda at her kindergarten graduation. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That aunt, Virginia Reyes, remembers Castañeda as a quiet kid who didn’t cause trouble.\u003c/p>\n\u003cp>“Sandrita was totally calm,” said Reyes in Spanish. “She was not a difficult girl.”\u003c/p>\n\u003cp>Reyes and her husband ran a clothing factory in South Central LA, assembling garments for the fashion industry. They called it Sandra’s Fashions. They employed more than 20 workers, Reyes said.\u003c/p>\n\u003cp>Reyes and her husband put in really long hours, building the business to support the family. That left Castañeda to fend for herself a lot as a kid.\u003c/p>\n\u003cp>“They’d leave early, they’d come home real late,” she said. “They’d work seven days a week. So it was always work, work, work, work.”\u003c/p>\n\u003cp>Being involved with the family business taught her a strong work ethic, Castañeda said. But the uncertain bonds of her childhood also left her yearning for a sense of belonging.\u003c/p>\n\u003cp>In junior high school, Castañeda made friends with some tough kids who were part of a gang. Her aunt tried to protect her by putting her in a Catholic school. But it didn’t help.\u003c/p>\n\u003cfigure id=\"attachment_11939177\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939177\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg\" alt=\"A Latina girl sips a soft drink with white dress on and long brown hair.\" width=\"800\" height=\"1067\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-800x1067.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1020x1360.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-160x213.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1152x1536.jpeg 1152w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-1536x2048.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561927910__A5ADB0C5-532F-4949-9993-C02E67BB5D03-scaled.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda, age 12, sips a soft drink. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda never got in trouble with the law. But that changed on the night of May 10, 2002, when she was 20. Castañeda later testified that she was driving some friends to Taco Bell in her van around midnight, when a guy in the van told her to slow down. Then suddenly, he started firing out the window.\u003c/p>\n\u003cp>Castañeda is cautious when talking about the crime, because, even two decades later, she’s worried about gang retaliation. So KQED has agreed not to use the names of the victims or the names or gang monikers of those involved in the shooting. And Castañeda asked that Prasad, her immigration lawyer, be the one to describe what happened.\u003c/p>\n\u003cp>“One of the people in the van thought they saw someone in the neighborhood who was from a rival gang,” Prasad told me. “He asked her to slow down, and she — didn't really know what was going on — slowed down. The person pulled out a gun and started shooting from the car.”\u003c/p>\n\u003cp>The bullets hit two teenagers who were sitting on the front steps of an apartment building in South Central. An 18-year-old was shot in the leg — and he recovered. But the 15-year-old girl beside him was killed. In a panic, Castañeda drove on.\u003c/p>\n\u003cp>“She stopped a couple of blocks later,” Prasad recounted. “Police were already there on the scene. And she was the only one who was arrested. Everyone else ran away.”\u003c/p>\n\u003cp>Castañeda was taken to jail. A California law at the time — known as the felony murder rule — said that if a person dies while a felony is being committed, anyone involved could be found guilty of murder, whether or not they intended or committed the killing. Under the law, prosecutors charged Castañeda with murder because she was driving the van, even though she herself didn’t kill anyone.\u003c/p>\n\u003cp>“It was a tough-on-crime era,” said Prasad. “Across the state, anyone who was remotely connected or even present at the scene would [often] get hit with a murder charge … So I think the DA just aggressively prosecuted and used this overly broad theory to charge her with murder.”\u003c/p>\n\u003cfigure id=\"attachment_11939247\" class=\"wp-caption alignright\" style=\"max-width: 720px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11939247\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg\" alt=\"A Latina family spanning three generations smile at the camera.\" width=\"720\" height=\"514\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001.jpeg 720w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/DFA515F8-B9A7-4799-BA3E-AEFDFEDFD2D3signal-2022-04-22-221307_001-160x114.jpeg 160w\" sizes=\"(max-width: 720px) 100vw, 720px\">\u003cfigcaption class=\"wp-caption-text\">Castañeda with her mother, her sister and her sister's children on a prison visit in 2016. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda went on trial. But her aunt didn’t think the police detectives were doing enough to find the actual killer.\u003c/p>\n\u003cp>“I tried to be a detective myself,” recalled Reyes. “I went places I never imagined going, trying to track down the person who had done this. I even went to parties, dressing up to look younger. I put up fliers around town with his photo on them.”\u003c/p>\n\u003cp>Reyes had no luck — until one day, after the trial was over, she says she saw the man at a car wash. She was afraid he would recognize her, but she pulled over and got on the phone.\u003c/p>\n\u003cp>“I called the police and I called the lawyer. And they just replied, ‘Oh, the case is closed.’” she said. “I couldn’t believe it. I felt so powerless.”\u003c/p>\n\u003cp>The LA Police Department now says the case is still open. But no one else has ever been arrested or prosecuted for the shooting, according to officials at the LA County District Attorney’s Office.\u003c/p>\n\u003cp>Castañeda was convicted of second-degree murder and attempted murder. The sentence came with enhancements because a gun was used in the killing, and there was gang involvement: 40 years to life behind bars.\u003c/p>\n\u003cp>Reyes says when she heard the verdict, she was in shock. Castañeda had no criminal history and insisted she hadn’t planned to hurt anyone. Reyes expected her niece to face punishment, but not more than a couple of years.\u003c/p>\n\u003cp>“How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?” Reyes wondered.\u003c/p>\n\u003ch2>Coming of age behind bars\u003c/h2>\n\u003cp>At first when Castañeda went to prison, back in 2003, she was angry. But over time she developed a new perspective on the crime.\u003c/p>\n\u003cp>“It was not a planned situation — it just kind of happened. But I still feel that I did have a part because I was the driver,” she said. “So today I know that back then I had choices. But as a young person, I didn't know that I did ... Today I do understand and I take full responsibility for my part.”\u003c/p>\n\u003cp>In prison, Castañeda sought out peer support groups. She took college courses. She worked in the carpentry, paint and auto shops, learning new skills and finding satisfaction in physical work. She also became a leader in the hospice program, caring for women who were dying in prison.\u003c/p>\n\u003cp>“I got to know who I was as a person, so I'm not bitter at all,” she said. “Prison made me the woman that I am today.”\u003c/p>\n\u003cp>Castañeda — once a shy child — learned she’s resilient and a go-getter. She learned not to be afraid to speak up for what she believes and to advocate for others.\u003c/p>\n\u003ch2>'[T]here's always that little hope ... '\u003c/h2>\n\u003cp>Then, in 2018, something happened that Castañeda never expected.\u003c/p>\n\u003cp>The California Legislature \u003ca href=\"https://www.kqed.org/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law\">dramatically restricted\u003c/a> the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1437\">felony murder rule\u003c/a>, the law that led to her conviction. Lawmakers cited the injustice of a law that disproportionately affected women and people of color. State courts had even questioned whether the old law was constitutional. The reform was part of a \u003ca href=\"https://www.kqed.org/news/11714104/jerry-brown-will-leave-lasting-impact-on-criminal-justice-in-california\">broader movement in California\u003c/a> and elsewhere to reduce mass incarceration and over-punishment.\u003c/p>\n\u003cp>For Castañeda, it meant she could ask a judge to vacate her murder conviction and give her a new sentence. A Stanford University law clinic connected her with a pro bono lawyer who helped her petition for resentencing. The head of the state prison system even wrote a letter of support.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'How was it possible that this person was still walking free and Sandra was going to be locked up for so many years?'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Virginia Reyes, aunt of Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Castañeda tried to manage her expectations. As a lifer, she knew she might die in prison.\u003c/p>\n\u003cp>“But I mean, there's always that little hope in there, you know? I think as human beings, we want to believe that something good is going to come out,” she said.\u003c/p>\n\u003cp>Trying all her options, Castañeda also applied for clemency from Gov. Gavin Newsom. And in Nov. 2020, recognizing her rehabilitation, \u003ca href=\"https://drive.google.com/drive/u/0/folders/1xG8ED1L6wFFaizn1W5KwboN16e2bniOh\">Newsom commuted her sentence\u003c/a>, making her immediately eligible for parole.\u003c/p>\n\u003cp>Then, something even bigger happened. In July of 2021, a California judge approved her petition for resentencing and dismissed her murder conviction entirely, giving her a much lesser charge, accessory after the fact. Finally, Castañeda was ordered released. She couldn’t stop crying.\u003c/p>\n\u003cp>“I was worse than the Llorona,” she said. “I just couldn't believe it.”\u003c/p>\n\u003ch2>A green card is a privilege\u003c/h2>\n\u003cp>California’s criminal justice system was saying Castañeda could go home and start to build a life as a free woman. But the federal system had a different goal. Under U.S. immigration law, having a green card is a privilege that can be taken away. So if an immigrant who’s not a citizen, even a lawful permanent resident like Castañeda, commits certain crimes, they can lose their legal status and be deported.\u003c/p>\n\u003cfigure id=\"attachment_11939179\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939179\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg\" alt=\"A south Asian man seen from behind talking to a woman through his computer, the woman's face is visible on the screen.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57621_003_KQED_AnoopPrasad_08052022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lawyer Anoop Prasad speaks with Sandra Castañeda through a video call, in the Asian Law Caucus offices in San Francisco on Aug. 5, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of deportable crimes — known as \u003ca href=\"https://www.americanimmigrationcouncil.org/research/aggravated-felonies-overview\">aggravated felonies\u003c/a> — has grown longer over the years. Notably, in the 1990s President Bill Clinton signed two laws that \u003ca href=\"https://www.theatlantic.com/ideas/archive/2019/11/time-bill-clinton-apologize-immigrants/601579/\">vastly expanded the number\u003c/a>.\u003c/p>\n\u003cp>Today, advocates note, people can lose their green cards for a laundry list of reasons, like shoplifting, drug charges and failure to appear in court. Yet some of these have actually been decriminalized by states like California.\u003c/p>\n\u003cp>“California over the last decade or so has recognized that the lock-’em-up mentality … led to a ballooning of our prison and jail population, but didn’t actually result in safer communities,” said Rose Cahn, attorney with the Immigrant Legal Resource Center in San Francisco.\u003c/p>\n\u003cp>She says the way federal immigration law is enforced should recognize state criminal justice reforms.\u003c/p>\n\u003cp>“A conviction that's been dismissed at the state level — where you have DAs of all political stripes saying, ‘Hey, this doesn't need to be on someone's record’ — should not be on someone's record, plain and simple,” said Cahn.\u003c/p>\n\u003cp>But that’s not happening. ICE lawyers are still pushing to deport people like Castañeda, based on convictions that have been reduced or even dismissed. And they’re backed up by rulings in the federal immigration courts that say immigrants are still deportable if their conviction and sentence was reduced, unless the change was “based on a procedural or substantive defect in the underlying criminal proceeding.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'These people are still messing with my life, even though I already paid for my crime.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sandra Castañeda","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The number of people caught in this situation isn’t tracked by any agency, but some immigration experts estimate it affects thousands nationally.\u003c/p>\n\u003cp>An ICE spokesperson, who declined to be named, said the agency’s officers make decisions about who to pursue “in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects against the greatest threats to the homeland.” And she noted that ICE prosecutors can and do exercise discretion in deciding whether to prosecute individual cases.\u003c/p>\n\u003cp>In California, a sanctuary law prevents police and sheriffs from cooperating in immigration enforcement in most cases. But there’s a broad loophole for prisons. So the California Department of Corrections and Rehabilitation, the state prison system, notifies ICE when they take in anyone who’s foreign born, then accommodates ICE requests to interview and take custody of immigrants at the time of their release, documents show. More than 1,600 people were turned over from California prisons to ICE in 2020, according to CDCR data obtained by the ACLU.\u003c/p>\n\u003cp>“Their policy is that they will report anyone who's not born in the U.S. and they will actively work to turn over anyone that ICE says they want to come and arrest … even if the person has been exonerated,” said Prasad. “It's really just an absurd policy.”\u003c/p>\n\u003cp>State prison officials say it’s not their job to decide whether someone’s deportable. They say they simply comply when ICE issues a \u003ca href=\"https://www.ice.gov/features/detainers\">detainer\u003c/a>, a request to hold an incarcerated person for transfer.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'ICE can just say we're not going to choose to go after and deport these people. We don't need Congress to even step in here and fix it. It's just one of those things that the Biden administration can just fix tomorrow.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“CDCR responds to detainers from all law enforcement agencies including local, state, and federal,” said CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>As a result, immigrants who’ve served their prison sentences — and even those like Castañeda, who’ve been exonerated of crimes — get caught between the state, which aims to let them rejoin society, and the federal government, which wants to lock them up and deport them.\u003c/p>\n\u003ch2>Detained and shipped to Georgia\u003c/h2>\n\u003cp>For Castañeda, all this meant that on the day she was released from prison after serving 19 years — for a murder she herself didn’t commit — a new legal battle was just beginning.\u003c/p>\n\u003cp>As she sat in a holding cell at the ICE field office in San Bernardino that July morning in 2021, agents were trying to figure out where to send her.\u003c/p>\n\u003cp>“I was on the phone with the deportation officer, and he's saying, ‘I don't know if we're going to find a bed. And if we don't, I will release her on an ankle monitor,’” said Prasad.\u003c/p>\n\u003cp>Around 3 p.m. an officer did come and attach an electronic GPS monitor to her ankle, Castañeda said, to release her from detention but keep her under surveillance. She began to think she might be able to go home after all. But the hours ticked by.\u003c/p>\n\u003cp>“And then he came back and said, ‘Give me your leg. I'm going to cut that off of you.’ And I was like, ‘Why?’ And he said, ‘Because I found you a spot,’” Castañeda recounted.\u003c/p>\n\u003cp>Castañeda’s hopes of freedom were dashed. She would be shipped 3,000 miles away from her family, to a facility in Georgia.\u003c/p>\n\u003cp>At 9 p.m., Castañeda was transferred to an ICE office in LA. She said she spent much of the night sitting on a hard bench.\u003c/p>\n\u003cp>At 3 a.m., agents drove her to the airport and handed her off to two plainclothes officers who took her on an early morning flight to Atlanta. She still hadn’t been able to talk to her lawyer, Prasad.\u003c/p>\n\u003cp>“I got a call from her the next day that she was in Georgia,” he said. “I knew it was probably Stewart. And immediately my heart sank a little.”\u003c/p>\n\u003cp>Stewart Detention Center in Lumpkin, Georgia, is operated for ICE by a private prison company called CoreCivic. Detainees and their families have sued repeatedly over \u003ca href=\"https://www.business-humanrights.org/en/latest-news/immigration-detainees-cite-deplorable-conditions-inside-stewart-facility-in-lawsuit/\">filthy, overcrowded conditions\u003c/a>; in-custody \u003ca href=\"https://www.ajc.com/news/breaking-news/family-detainee-who-hanged-himself-georgia-lockup-suing-ice/QYZReZLtc2uQ930XO9ZfxJ/\">death\u003c/a>; \u003ca href=\"https://www.ajc.com/news/georgia-news/ice-detainees-say-they-were-forced-into-labor-in-ga-file-lawsuit/ECLTIVQNMVE6LKOFKXQBWCCVUA/\">forced labor\u003c/a> and \u003ca href=\"https://theintercept.com/2022/07/13/ice-stewart-detention-sexual-misconduct/\">sexual assaults\u003c/a> by medical staff.\u003c/p>\n\u003cp>“They put me on a plane and sent me to the worst one that they could send me to,” said Castañeda. “It was scary.”\u003c/p>\n\u003cp>Immigration detention is not punishment for a crime. It’s civil detention of people awaiting deportation hearings. But Castañeda found conditions at Stewart a lot worse than a California prison. She was stuck in one room with 23 other people. She didn’t have a job or classes or a routine.\u003c/p>\n\u003cp>“There’s a lot of mold in there. Sometimes it'll be hot. Sometimes it'll be freezing,” she said. “It’s a bad place to do time.”\u003c/p>\n\u003cp>An ICE spokesperson assured KQED the facility has passed inspections and meets ICE detention standards, adding, “ICE is committed to ensuring that all those in the agency’s custody reside in safe, secure and humane environments.”\u003c/p>\n\u003cp>In an emailed statement to KQED, CoreCivic spokesman Ryan Gustin said, “the safety, health and well-being of the individuals entrusted to our care is our top priority.” He added that the company does not “cut corners on care, staff or training” to meet federal standards. \u003c/p>\n\u003ch2>'The system ... is designed to wear people down'\u003c/h2>\n\u003cp>While Castañeda was adjusting at Stewart, Prasad went into overdrive. He filed briefs in immigration court to try to get her released. But ICE lawyers fought him at every turn.\u003c/p>\n\u003cp>“Rather than acknowledging that a state court had vacated the conviction, ICE aggressively pursued deportation,” he said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anoop Prasad, immigration lawyer, Asian Law Caucus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>And Prasad had a new worry. When Castañeda’s murder conviction was vacated, the judge had given her a lesser charge, accessory after the fact. In most of the country, that’s considered an aggravated felony. However, the 9th U.S. Circuit Court of Appeals has ruled it is not. As long as Castañeda was in California, where the 9th Circuit holds sway, her crime wasn’t grounds for deportation. But she had been sent off to Georgia.\u003c/p>\n\u003cp>And Prasad was afraid that, as the weeks turned into months, Castañeda would get so discouraged, so weary of living behind bars, that she'd give up and let ICE deport her. That’s what happens to a lot of immigrants in detention, he said.\u003c/p>\n\u003cp>“The system at every step is designed to wear people down,” he said.\u003c/p>\n\u003cp>But Castañeda was not giving up. In fact, she had found a new sense of purpose. During her years in California prisons, she learned advocacy skills. And in Georgia, she wasn’t afraid to speak up.\u003c/p>\n\u003cp>She says she challenged guards when they spoke disrespectfully to the detained women. She filed grievances over violations of the Prison Rape Elimination Act. She questioned the COVID protocols, pushed for testing and social-distancing measures when women got sick. And, being bilingual, Castañeda stepped in to advocate for the women who spoke only Spanish.\u003c/p>\n\u003cp>“One of the counselors told me to stop helping those people, that they needed to do things for themself. And I told her, ‘Well, they don't speak English and … I'm only asking for toilet paper, shampoo,’” she said.\u003c/p>\n\u003cp>Lenz stayed in touch with Castañeda through video calls. She said Castañeda showed her surgical masks that other detained women had doctored up to read: #freesandra.\u003c/p>\n\u003cp>“She was kind of embarrassed that they were doing this,” Lenz said. “But it showed that she was part of building more of a collective culture there, a culture of standing up for each other.”\u003c/p>\n\u003cp>Castañeda had spent nearly a year in ICE detention when, finally, she got some welcome news. The California judge who had resentenced Castañeda had reviewed Prasad’s request to revisit her ruling and, “based on legal error,” reduced Castañeda’s sentence even further — to disturbing the peace, a misdemeanor that’s not considered a deportable crime anywhere in the country.\u003c/p>\n\u003cp>Then, at her hearing in July 2022, an immigration judge in Georgia ruled Castañeda was not deportable.\u003c/p>\n\u003cp>She was thrilled to think she could go free. But she had been on this roller coaster before.\u003c/p>\n\u003cp>“I was excited and I started feeling like, ‘Oh, my God, do I get happy?’” Castañeda said. “It was just, like, the mixed emotions again.”\u003c/p>\n\u003cp>Sure enough, ICE’s lawyers said they planned to appeal — and they wanted to keep Castañeda locked up while they did. Weeks went by before she could get a hearing where Prasad asked the judge to release her on bond.\u003c/p>\n\u003cp>“When the judge made the decision that he was going to give it to me, I just started crying,” she recalled.\u003c/p>\n\u003ch2>Finally free after 20 years\u003c/h2>\n\u003cp>Last August, the day that Castañeda had been awaiting for half her life finally arrived. She flew home to LA, where her family surrounded her with hugs at the airport.\u003c/p>\n\u003cp>“I didn't know if it was reality or dream,” she said. “Even my cousin, he kept looking at me like, ‘It feels like I’m dreaming, Sandra.’”\u003c/p>\n\u003cfigure id=\"attachment_11939248\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939248\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/69561156344__AF9A357A-03AB-499D-A66A-46599D37B04E-800x1067.jpeg\" alt=\"Four women hug at the airport.\" width=\"800\" height=\"1067\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda is greeted by her family at LA International Airport on Aug. 4, 2022, after being released from ICE detention. \u003ccite>(Courtesy of Sandra Castañeda)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castañeda was 40 and finally free after 20 years behind bars, and she had a lot of catching up to do.\u003c/p>\n\u003cp>The California Coalition for Women Prisoners set Castañeda up in a shared apartment in LA. She was eager to show off the bathroom, “with a door you can close,” and the bedroom that’s all her own.\u003c/p>\n\u003cp>Her aunt Virginia Reyes was thrilled to have Sandra home and plied her with homemade enchiladas. But after a few days, Castañeda had a craving for Chicken McNuggets.\u003c/p>\n\u003cp>At McDonald’s, Sandra used her new cellphone to take photos of her meal to send to her friends in state prison.\u003c/p>\n\u003cp>“They always want to know, ‘What do you eat? What are you doing?’” she said. “Everybody’s so happy for me.”\u003c/p>\n\u003cp>But Castañeda also had her mind on all the tasks she needed to tackle: getting a Social Security card, signing up for Medi-Cal and applying for a driver’s license, for starters.\u003c/p>\n\u003cp>There was something ironic in it. Driving is what got Castañeda into trouble all those years ago. But today regaining her license is one concrete step in reclaiming her life, even while other things remain out of her control, like ICE’s effort to deport her.\u003c/p>\n\u003cp>“These people are still messing with my life, even though I already paid for my crime,” she said. “I try not to think about it because it’s just bad energy, you know? So I’m just focused on what I need to do right now.”\u003c/p>\n\u003cp>She’s in a reentry program and imagining jobs where she can use her own life experience to counsel other immigrants caught between state criminal reforms and federal deportation policies.\u003c/p>\n\u003cp>Castañeda hopes eventually to apply for citizenship. “I was 20 years old when I got arrested, so … I didn't know that it’s so important to be able to get that citizenship if you're able to,” she said. “Today I know better.”\u003c/p>\n\u003ch2>Pushing the Biden administration to honor state reforms\u003c/h2>\n\u003cp>But gaining citizenship depends on remaining a legal U.S. resident. ICE lawyers are still trying to take her green card and get her deported. And they could succeed.\u003c/p>\n\u003cfigure id=\"attachment_11939185\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg\" alt=\"A Latina woman with long curly dark hair and sunglasses on her head looks at the camera.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57962_IMG_7103-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda stands outside her home in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Board of Immigration Appeals, the appellate level of the federal immigration courts, has ruled that, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3493.pdf\">most of the time (PDF)\u003c/a>, \u003ca href=\"https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3377.pdf\">it doesn’t matter (PDF)\u003c/a> whether a state court vacated someone’s criminal conviction. And under President Donald Trump, then-Attorney General William Barr went further, ruling that \u003ca href=\"https://www.justice.gov/eoir/page/file/1213201/download\">immigration courts can also ignore when a state reduces a person’s sentence\u003c/a>. The legal decisions say the fact that someone like Castañeda was convicted of a crime in the first place — even if the conviction was overturned — is enough reason to deport them, unless (as Prasad argued in Castañeda's case) there was a flaw in the original conviction.\u003c/p>\n\u003cp>But legal experts, including the American Bar Association, say that \u003ca href=\"https://www.americanbar.org/content/dam/aba/administrative/immigration/achieving_americas_immigration_promise.pdf\">Attorney General Merrick Garland — who oversees the immigration court system — has the authority to overrule those decisions\u003c/a> and honor state criminal justice reforms. They argue Congress didn’t intend for immigrants to be deported for minor offenses, and they’ve called on Garland to return to that standard.\u003c/p>\n\u003cp>“We’ve met with top leadership within the Department of Justice,” said Cahn of the Immigrant Legal Resource Center. “We have carried out this advocacy in both informal and formal ways through these meetings with administration officials, as well as in the courtrooms themselves, where we’re making arguments in front of immigration judges.”\u003c/p>\n\u003cp>The Department of Justice did not respond to KQED’s repeated requests for comment.\u003c/p>\n\u003cfigure id=\"attachment_11939162\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11939162\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg\" alt=\"Two Latina women sit on a couch in a living room and chat.\" width=\"800\" height=\"571\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-800x571.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1020x728.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-160x114.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut-1536x1097.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/01/RS57961_IMG_7170-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sandra Castañeda (right) chats with her aunt, Virginia Reyes, in the living room of her new apartment in Hawthorne, on Aug. 9, 2022. \u003ccite>(Tyche Hendricks/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In addition, immigrant advocates are calling on the Biden administration to move away from the harsh approach to immigration enforcement pursued by ICE in the Trump era.\u003c/p>\n\u003cp>“ICE can just say we’re not going to choose to go after and deport these people,” said Prasad. “We don't need Congress to even step in here and fix it. It’s just one of those things that the Biden administration can just fix tomorrow.”\u003c/p>\n\u003cp>Advocates are also trying to close the loophole here in California and force the state prison system to stop transferring people to ICE in the first place. A bill to do that, called the \u003ca href=\"https://www.kqed.org/news/11924388/effort-to-block-prison-to-ice-transfers-in-california-fails-in-final-hours-of-legislative-session\">Vision Act\u003c/a>, failed in the Legislature last year. But Prasad says Newsom has the power to order the California Department of Corrections and Rehabilitation to make the change.\u003c/p>\n\u003cp>“The biggest source of deportations in the state right now is our prison system. And these are folks who have been deemed that they should be coming home to their communities,” he said. “California needs to make a choice about if it’s going to stand by these reforms, or if it’s going to continue to turn people who have been ordered released over to ICE.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated to include a statement from CoreCivic.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11938736/the-state-overturned-her-murder-conviction-but-ice-still-wants-to-deport-her-this-california-woman-is-caught-in-a-legal-tug-of-war","authors":["259"],"programs":["news_26731"],"categories":["news_1169","news_6188","news_8"],"tags":["news_1628","news_1629","news_18123","news_27626","news_21027","news_20202","news_23454"],"featImg":"news_11939314","label":"news_26731"},"news_11908340":{"type":"posts","id":"news_11908340","meta":{"index":"posts_1591205157","site":"news","id":"11908340","score":null,"sort":[1647464677000]},"guestAuthors":[],"slug":"documents-show-how-california-dept-of-corrections-handles-racism-among-officers","title":"Documents Show How California Dept. of Corrections Handles Racism Among Officers","publishDate":1647464677,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">As people across the country reacted to George Floyd’s killing by Minneapolis police in late May 2020, at least two state correctional officers, independently, posted racist comments on Facebook about Floyd’s death. \u003c/span>\u003c/p>\n\u003cp>And a Black correctional officer was disciplined for growing angry at co-workers over a “thin blue line” flag hanging in a state prison gymnasium in August 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These officers all were disciplined for breaking the agency’s discrimination policies, according to documents released to KQED by the California Department of Corrections and Rehabilitation under SB16, the expanded transparency law. \u003c/span>[pullquote size=\"medium\" align=\"right\" citation=\"Coalition of Black Employees at the CDCR\"]'Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges.'[/pullquote]\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The records shed light for the first time on how the agency deals with racism among its employees. The documents contain racist and antisemitic language and imagery. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the wake of the incidents, a group of Black CDCR employees has been pushing the department to \u003ca href=\"https://www.sacbee.com/article246896837.html\">make hiring and promotional practices more fair and equitable\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Nothing has changed, not a thing,” said Sharonya Reene Dorsey, an analyst for the CDCR’s Office of Correctional Education.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\"> CDCR spokesperson Dana Simas wrote in an email that leadership has taken concrete steps to improve recruitment, outreach and diversity in hiring. Simas wrote that the department has zero tolerance for discrimination, “and we work hard to ensure racial equity and justice.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On May 28, 2020, Joshua Priester, a white correctional officer at Folsom State Prison, commented after a Facebook user shared an article with the headline “\u003c/span>\u003ca href=\"https://www.tmz.com/videos/052720-george-floyd-security-footage-4791146-0-dzljqi2r/\">\u003cspan style=\"font-weight: 400\">Surveillance Footage Shows George Floyd Moments Before Killing, He’s Not Resisting\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He [Floyd] was not a very good person one less loser,” Priester wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to the documents released by CDCR, Priester argued with two people with whom he’d attended the correctional academy. One user suggested that if Floyd were white, he would not have been killed by police officers because he would have been at work. \u003ca href=\"https://www.documentcloud.org/documents/21424263-hn-fol-360-20-s_-_priester__j_-_second_amended_noaa\">The full exchange is available here. \u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department suspended Priester for 60 days for his comments, and for sharing another image of Floyd’s arrest on his Facebook page. As of Tuesday, the image remained up on Priester's page.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png\">\u003cimg class=\"size-medium wp-image-11908386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png\" alt=\"The screenshot of the meme shows a police officer kneeling on a man's neck and below an individual striking another in the head.\" width=\"800\" height=\"854\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-1020x1089.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-160x171.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png 1414w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joshua Priester worked as a correctional officer at Folsom State Prison when he posted the above image on Facebook three days after George Floyd's death. \u003ccite>(Screenshot from Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Priester did not reply to emails and messages requesting comment, and his union, the California Correctional Peace Officers Association, did not respond to emails and calls requesting comment. CDCR did not say whether Priester appealed his suspension. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A day earlier, on May 27, 2020, Matthew Sanchez, an officer at the California Correctional Institution in Tehachapi, \u003ca href=\"https://www.documentcloud.org/documents/21424265-s-cci-243-20-d_-_sanchez__m_-_noaa\">commented on a post about Floyd’s arrest\u003c/a>, according to the records.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How the fuck do you shout when you're be [sic] choked?” Sanchez wrote, including a laughing emoji in the post. “If you're actually being choked you can’t talk.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When another commenter objected, Sanchez, using emojis and a texting abbreviation, fired back, “did you bring your feelings to Facebook? I got one for you. What's the difference between Jews and boy scouts? Boy scouts come back from their camps. Lmk when you’re ready for another one.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department dismissed Sanchez. CDCR would not say whether Sanchez appealed his firing. Sanchez couldn’t be reached for comment, and his former union did not respond to our inquiries.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By May 29, 2020, word of the officers’ racist posts had reached Ralph Diaz, CDCR’s former secretary, who sent out a memo to all employees calling the posts “\u003ca href=\"https://www.mercurynews.com/2020/05/29/ca-prison-staff-posted-racist-and-extremely-hurtful-comments-about-george-floyds-killing-cdcr-secretary-says/\">extremely hurtful and disrespectful.\u003c/a>” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“To say I was upset to learn of these comments would be an understatement – those who engaged in such behavior have brought dishonor to this Department and cast a shadow on the fine work we do,” Diaz wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Diaz reminded CDCR employees of their duty to keep their private lives “unsullied,” and suggested they all review the \u003c/span>\u003ca href=\"https://www.theiacp.org/resources/law-enforcement-code-of-ethics\">\u003cspan style=\"font-weight: 400\">Law Enforcement Code of Ethics\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>In response to KQED’s request for comment, \u003cspan style=\"font-weight: 400\">CDCR spokesperson \u003c/span>Simas wrote that Diaz’s memo and the disciplinary actions taken by the department “exemplify” the department’s commitment to racial equity and justice. Diaz retired in September 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We also require annual training on discrimination related policies, and strive to ensure there is proper accountability and expectations for our staff both at work and in the community,” Simas wrote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas would not say whether the department had reviewed the treatment of Black people in custody by Sanchez and Priester.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A CDCR employee, who didn’t want to be named because she fears retaliation, said the discipline displays the agency’s bias.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They make an antisemitic joke, and they get fired. But they make a joke about an African American person, and they either don't get suspended or just get suspended,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey, in the CDCR's Office of Correctional Education, and her colleague, Sebrena Lindsay, were among the employees who received the memo from Diaz, but they saw it as a missed opportunity for the administration to reach out to Black staff and see how they were doing.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We were hurting as a community of employees,” Lindsay said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In response, Dorsey, Lindsay and other Black co-workers \u003ca href=\"https://drive.google.com/file/d/1HA1nX6KVTMiw0_twKrs4saBu2oYnI6pY/view?usp=sharing\">sent their own letter\u003c/a>, calling out the agency for failing to hire, promote and support Black employees. They also included a list of specific action items the agency could take to increase pay equity and representation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges,” the letter said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One of the key requests they made was for an independent audit of hirings and promotions so the agency could gather data on its own practices and reveal whether there was bias. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You really can’t fix the problem if you can’t acknowledge the problem,” another CDCR employee, who requested anonymity because they fear retaliation, told KQED. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email, Simas said that CDCR has improved recruitment and outreach and increased diversity in hiring. The agency sent out recruitment advertisements featuring people who present as Black, Asian American and Muslim American, she noted. According to Simas, the agency also is adopting a diversity statement in job applications, and it sent all CDCR executives and managers to implicit bias training beginning in late 2020.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents released by CDCR show Diaz’s memo also was part of the justification for disciplining a Black correctional officer in Los Angeles for anti-white racism in August 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Carl Holmes arrived for his shift at California State Prison, Los Angeles County, he was upset by a “thin blue line” flag hanging in the gymnasium. Holmes said \u003ca href=\"https://www.documentcloud.org/documents/21424264-s-lac-406-20-d_-_holmes__c_-_noaa\">the flag was offensive to him as a Black man\u003c/a> and to the Black Lives Matter movement, according to documents.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents say that an administrative officer “addressed” Holmes’s concerns about the flag, but do not reveal how. The records also state that the “blue line symbolizes police officers shot and killed in the line of duty,” while failing to acknowledge that the imagery has other connotations and has even been \u003c/span>\u003ca href=\"https://www.sfexaminer.com/news/sfs-top-cop-banned-thin-blue-line-masks-now-the-police-union-is-selling-them/\">banned by some police chiefs\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas did not respond to questions about how the department views the flag.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A white officer asked Holmes if he was OK, and Holmes, according to the recollection of the officer, said, “All police and white people are racist pigs and that flag out there, that I have to look at every day makes me sick, and enraged and I'm not going to put up with them trying to talk me down about this,” documents say. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">CDCR cut Holmes’s pay by 5% for 24 pay periods — or two years. Holmes did not respond to emails and messages requesting comment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since Dorsey and her colleagues sent their letter and proposed an action plan to the administration, they said the department hasn’t adopted any of the recommendations. Instead, she and Lindsay have been targeted, she claims.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas wrote in an email that leadership has continued to meet with Dorsey and her group and\u003c/span> that the department welcomes hearing about employees’ experiences “so that we can address their concerns collaboratively.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey and Lindsay say they aren’t afraid to speak out because they are near retirement and are committed to changing the culture for future employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They know they can’t intimidate us,” Dorsey said. “They could try. I'm not intimidated.” \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"In the aftermath of George Floyd's killing, the California Department of Corrections disciplined two officers for making racist statements on social media. Thanks to a new law, the public can see what those officers posted and how they were disciplined.","status":"publish","parent":0,"modified":1647547451,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1542},"headData":{"title":"Documents Show How California Dept. of Corrections Handles Racism Among Officers | KQED","description":"In the aftermath of George Floyd's killing, the California Department of Corrections disciplined two officers for making racist statements on social media. Thanks to a new law, the public can see what those officers posted and how they were disciplined.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11908340 https://ww2.kqed.org/news/?p=11908340","disqusUrl":"https://ww2.kqed.org/news/2022/03/16/documents-show-how-california-dept-of-corrections-handles-racism-among-officers/","disqusTitle":"Documents Show How California Dept. of Corrections Handles Racism Among Officers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/6b3c7cdb-19dc-489a-9423-ae5a01028744/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">As people across the country reacted to George Floyd’s killing by Minneapolis police in late May 2020, at least two state correctional officers, independently, posted racist comments on Facebook about Floyd’s death. \u003c/span>\u003c/p>\n\u003cp>And a Black correctional officer was disciplined for growing angry at co-workers over a “thin blue line” flag hanging in a state prison gymnasium in August 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">These officers all were disciplined for breaking the agency’s discrimination policies, according to documents released to KQED by the California Department of Corrections and Rehabilitation under SB16, the expanded transparency law. \u003c/span>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Coalition of Black Employees at the CDCR","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The records shed light for the first time on how the agency deals with racism among its employees. The documents contain racist and antisemitic language and imagery. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In the wake of the incidents, a group of Black CDCR employees has been pushing the department to \u003ca href=\"https://www.sacbee.com/article246896837.html\">make hiring and promotional practices more fair and equitable\u003c/a>.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Nothing has changed, not a thing,” said Sharonya Reene Dorsey, an analyst for the CDCR’s Office of Correctional Education.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\"> CDCR spokesperson Dana Simas wrote in an email that leadership has taken concrete steps to improve recruitment, outreach and diversity in hiring. Simas wrote that the department has zero tolerance for discrimination, “and we work hard to ensure racial equity and justice.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">On May 28, 2020, Joshua Priester, a white correctional officer at Folsom State Prison, commented after a Facebook user shared an article with the headline “\u003c/span>\u003ca href=\"https://www.tmz.com/videos/052720-george-floyd-security-footage-4791146-0-dzljqi2r/\">\u003cspan style=\"font-weight: 400\">Surveillance Footage Shows George Floyd Moments Before Killing, He’s Not Resisting\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“He [Floyd] was not a very good person one less loser,” Priester wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">According to the documents released by CDCR, Priester argued with two people with whom he’d attended the correctional academy. One user suggested that if Floyd were white, he would not have been killed by police officers because he would have been at work. \u003ca href=\"https://www.documentcloud.org/documents/21424263-hn-fol-360-20-s_-_priester__j_-_second_amended_noaa\">The full exchange is available here. \u003c/a>\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department suspended Priester for 60 days for his comments, and for sharing another image of Floyd’s arrest on his Facebook page. As of Tuesday, the image remained up on Priester's page.\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11908386\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png\">\u003cimg class=\"size-medium wp-image-11908386\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png\" alt=\"The screenshot of the meme shows a police officer kneeling on a man's neck and below an individual striking another in the head.\" width=\"800\" height=\"854\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-800x854.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-1020x1089.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM-160x171.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/Screen-Shot-2022-03-11-at-2.30.18-PM.png 1414w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joshua Priester worked as a correctional officer at Folsom State Prison when he posted the above image on Facebook three days after George Floyd's death. \u003ccite>(Screenshot from Facebook)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Priester did not reply to emails and messages requesting comment, and his union, the California Correctional Peace Officers Association, did not respond to emails and calls requesting comment. CDCR did not say whether Priester appealed his suspension. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A day earlier, on May 27, 2020, Matthew Sanchez, an officer at the California Correctional Institution in Tehachapi, \u003ca href=\"https://www.documentcloud.org/documents/21424265-s-cci-243-20-d_-_sanchez__m_-_noaa\">commented on a post about Floyd’s arrest\u003c/a>, according to the records.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“How the fuck do you shout when you're be [sic] choked?” Sanchez wrote, including a laughing emoji in the post. “If you're actually being choked you can’t talk.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When another commenter objected, Sanchez, using emojis and a texting abbreviation, fired back, “did you bring your feelings to Facebook? I got one for you. What's the difference between Jews and boy scouts? Boy scouts come back from their camps. Lmk when you’re ready for another one.” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The department dismissed Sanchez. CDCR would not say whether Sanchez appealed his firing. Sanchez couldn’t be reached for comment, and his former union did not respond to our inquiries.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">By May 29, 2020, word of the officers’ racist posts had reached Ralph Diaz, CDCR’s former secretary, who sent out a memo to all employees calling the posts “\u003ca href=\"https://www.mercurynews.com/2020/05/29/ca-prison-staff-posted-racist-and-extremely-hurtful-comments-about-george-floyds-killing-cdcr-secretary-says/\">extremely hurtful and disrespectful.\u003c/a>” \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“To say I was upset to learn of these comments would be an understatement – those who engaged in such behavior have brought dishonor to this Department and cast a shadow on the fine work we do,” Diaz wrote. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Diaz reminded CDCR employees of their duty to keep their private lives “unsullied,” and suggested they all review the \u003c/span>\u003ca href=\"https://www.theiacp.org/resources/law-enforcement-code-of-ethics\">\u003cspan style=\"font-weight: 400\">Law Enforcement Code of Ethics\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">. \u003c/span>\u003c/p>\n\u003cp>In response to KQED’s request for comment, \u003cspan style=\"font-weight: 400\">CDCR spokesperson \u003c/span>Simas wrote that Diaz’s memo and the disciplinary actions taken by the department “exemplify” the department’s commitment to racial equity and justice. Diaz retired in September 2020.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We also require annual training on discrimination related policies, and strive to ensure there is proper accountability and expectations for our staff both at work and in the community,” Simas wrote.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas would not say whether the department had reviewed the treatment of Black people in custody by Sanchez and Priester.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A CDCR employee, who didn’t want to be named because she fears retaliation, said the discipline displays the agency’s bias.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They make an antisemitic joke, and they get fired. But they make a joke about an African American person, and they either don't get suspended or just get suspended,” she said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey, in the CDCR's Office of Correctional Education, and her colleague, Sebrena Lindsay, were among the employees who received the memo from Diaz, but they saw it as a missed opportunity for the administration to reach out to Black staff and see how they were doing.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We were hurting as a community of employees,” Lindsay said.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In response, Dorsey, Lindsay and other Black co-workers \u003ca href=\"https://drive.google.com/file/d/1HA1nX6KVTMiw0_twKrs4saBu2oYnI6pY/view?usp=sharing\">sent their own letter\u003c/a>, calling out the agency for failing to hire, promote and support Black employees. They also included a list of specific action items the agency could take to increase pay equity and representation. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Changing the culture of systemic racism and implicit bias at CDCR will only succeed after acknowledging the challenges faced by Black employees, and taking concrete actions to address those challenges,” the letter said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">One of the key requests they made was for an independent audit of hirings and promotions so the agency could gather data on its own practices and reveal whether there was bias. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“You really can’t fix the problem if you can’t acknowledge the problem,” another CDCR employee, who requested anonymity because they fear retaliation, told KQED. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email, Simas said that CDCR has improved recruitment and outreach and increased diversity in hiring. The agency sent out recruitment advertisements featuring people who present as Black, Asian American and Muslim American, she noted. According to Simas, the agency also is adopting a diversity statement in job applications, and it sent all CDCR executives and managers to implicit bias training beginning in late 2020.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents released by CDCR show Diaz’s memo also was part of the justification for disciplining a Black correctional officer in Los Angeles for anti-white racism in August 2020. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">When Carl Holmes arrived for his shift at California State Prison, Los Angeles County, he was upset by a “thin blue line” flag hanging in the gymnasium. Holmes said \u003ca href=\"https://www.documentcloud.org/documents/21424264-s-lac-406-20-d_-_holmes__c_-_noaa\">the flag was offensive to him as a Black man\u003c/a> and to the Black Lives Matter movement, according to documents.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The documents say that an administrative officer “addressed” Holmes’s concerns about the flag, but do not reveal how. The records also state that the “blue line symbolizes police officers shot and killed in the line of duty,” while failing to acknowledge that the imagery has other connotations and has even been \u003c/span>\u003ca href=\"https://www.sfexaminer.com/news/sfs-top-cop-banned-thin-blue-line-masks-now-the-police-union-is-selling-them/\">banned by some police chiefs\u003c/a>.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas did not respond to questions about how the department views the flag.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">A white officer asked Holmes if he was OK, and Holmes, according to the recollection of the officer, said, “All police and white people are racist pigs and that flag out there, that I have to look at every day makes me sick, and enraged and I'm not going to put up with them trying to talk me down about this,” documents say. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">CDCR cut Holmes’s pay by 5% for 24 pay periods — or two years. Holmes did not respond to emails and messages requesting comment.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Since Dorsey and her colleagues sent their letter and proposed an action plan to the administration, they said the department hasn’t adopted any of the recommendations. Instead, she and Lindsay have been targeted, she claims.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Simas wrote in an email that leadership has continued to meet with Dorsey and her group and\u003c/span> that the department welcomes hearing about employees’ experiences “so that we can address their concerns collaboratively.”\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Dorsey and Lindsay say they aren’t afraid to speak out because they are near retirement and are committed to changing the culture for future employees. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“They know they can’t intimidate us,” Dorsey said. “They could try. I'm not intimidated.” \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11908340/documents-show-how-california-dept-of-corrections-handles-racism-among-officers","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_1628","news_3149","news_27626","news_30805","news_20109","news_30804","news_28497"],"featImg":"news_11908407","label":"news_72"},"news_11897603":{"type":"posts","id":"news_11897603","meta":{"index":"posts_1591205157","site":"news","id":"11897603","score":null,"sort":[1638230738000]},"guestAuthors":[],"slug":"courtroom-bffs","title":"Courtroom BFFs","publishDate":1638230738,"format":"aside","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png\">\u003cimg class=\"alignnone size-full wp-image-11897612\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png\" alt='Cartoon: a prison guard holding a \"no vax mandate\" sign is arm in arm with a COVID-19 character and Gov. Newsom. The governor holds a briefcase of money from the prison guards union. Caption is \"Amicus Covidae, friend of covid.\"' width=\"1920\" height=\"1231\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-800x513.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-1020x654.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-160x103.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-1536x985.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>Handing Gov. Gavin Newsom and the prison guards union a temporary victory, the \u003ca href=\"https://bit.ly/fioreprisonvaccinemandate\">9th Circuit Court of Appeals on Friday blocked a COVID-19 vaccine mandate for prison workers\u003c/a> from taking effect.\u003c/p>\n\u003cp>You read that right: Newsom and the California Correctional Peace Officers Association have been on the same side in court, fighting against mandatory vaccines for people who work in prisons — even as the virus has infected more than half of the state's incarcerated population since the pandemic began last year.\u003c/p>\n\u003cp>Meanwhile, our pro-science governor has pushed vaccine mandates ... unless you're in the \u003ca href=\"https://calmatters.org/justice/criminal-justice/2021/09/covid-vaccine-mandate-prison-guards-california/?mc_cid=0ef88bd688&mc_eid=d3b9709405\">union that oh-so-coincidentally gave him a million and a half dollars\u003c/a> to fend off the recent effort to recall him.\u003c/p>\n\u003cp>How's that for some clear (as mud) public health messaging?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Handing Gov. Gavin Newsom and the prison guards union a temporary victory, the 9th Circuit Court of Appeals on Friday blocked a vaccine mandate for prison workers from taking effect.","status":"publish","parent":0,"modified":1638234376,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":133},"headData":{"title":"Courtroom BFFs | KQED","description":"Handing Gov. Gavin Newsom and the prison guards union a temporary victory, the 9th Circuit Court of Appeals on Friday blocked a vaccine mandate for prison workers from taking effect.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11897603 https://ww2.kqed.org/news/?p=11897603","disqusUrl":"https://ww2.kqed.org/news/2021/11/29/courtroom-bffs/","disqusTitle":"Courtroom BFFs","excludeFromSiteSearch":"Include","path":"/news/11897603/courtroom-bffs","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png\">\u003cimg class=\"alignnone size-full wp-image-11897612\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png\" alt='Cartoon: a prison guard holding a \"no vax mandate\" sign is arm in arm with a COVID-19 character and Gov. Newsom. The governor holds a briefcase of money from the prison guards union. Caption is \"Amicus Covidae, friend of covid.\"' width=\"1920\" height=\"1231\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-800x513.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-1020x654.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-160x103.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/11/amicus_112921_final-1536x985.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>Handing Gov. Gavin Newsom and the prison guards union a temporary victory, the \u003ca href=\"https://bit.ly/fioreprisonvaccinemandate\">9th Circuit Court of Appeals on Friday blocked a COVID-19 vaccine mandate for prison workers\u003c/a> from taking effect.\u003c/p>\n\u003cp>You read that right: Newsom and the California Correctional Peace Officers Association have been on the same side in court, fighting against mandatory vaccines for people who work in prisons — even as the virus has infected more than half of the state's incarcerated population since the pandemic began last year.\u003c/p>\n\u003cp>Meanwhile, our pro-science governor has pushed vaccine mandates ... unless you're in the \u003ca href=\"https://calmatters.org/justice/criminal-justice/2021/09/covid-vaccine-mandate-prison-guards-california/?mc_cid=0ef88bd688&mc_eid=d3b9709405\">union that oh-so-coincidentally gave him a million and a half dollars\u003c/a> to fend off the recent effort to recall him.\u003c/p>\n\u003cp>How's that for some clear (as mud) public health messaging?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11897603/courtroom-bffs","authors":["3236"],"series":["news_18515"],"categories":["news_457","news_6188","news_8","news_13"],"tags":["news_28550","news_26658","news_1628","news_616","news_1629","news_27350","news_27504","news_29363","news_16","news_20949","news_27660","news_1471"],"featImg":"news_11897612","label":"news_18515"},"news_11876169":{"type":"posts","id":"news_11876169","meta":{"index":"posts_1591205157","site":"news","id":"11876169","score":null,"sort":[1622583573000]},"guestAuthors":[],"slug":"cruel-and-unusual-and-coronavirus","title":"Cruel and Unusual and Coronavirus","publishDate":1622583573,"format":"aside","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\">\u003cimg class=\"alignnone size-full wp-image-11876185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\" alt='A Mark Fiore cartoon showing \"exhibit A,\" inmates being moved to San Quentin from Chino even though they were infected with COVID-19, then, \"exhibit B,\" inmates mixed with the San Quentin population, then \"exhibit COVID,\" and 75% of prison population infected and 28 deaths.' width=\"1920\" height=\"1375\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-800x573.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1020x730.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1536x1100.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>A panel of judges called what happened in San Quentin State Prison during the pandemic, \"\u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">the worst epidemiological disaster in California correctional history\u003c/a>.\"\u003c/p>\n\u003cp>Now hundreds of incarcerated people are \u003ca href=\"http://bit.ly/sanquentincovidlawsuit\">having their day in court\u003c/a>.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation and officials at San Quentin were much more than just inept, they were downright cruel ... which is where the \u003ca href=\"https://www.govinfo.gov/content/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-9.pdf\">Eighth Amendment\u003c/a>, which bars cruel and unusual punishment, comes in.\u003c/p>\n\u003cp>Even though the pandemic appears to be winding down in our corner of the world, here's hoping people behind bars whose lives were recklessly put at risk during the height of the pandemic will see some measure of justice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A panel of judges called what happened in San Quentin during the pandemic, 'the worst epidemiological disaster in California correctional history.' Now, hundreds of incarcerated people are having their day in court.","status":"publish","parent":0,"modified":1623091978,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":112},"headData":{"title":"Cruel and Unusual and Coronavirus | KQED","description":"A panel of judges called what happened in San Quentin during the pandemic, 'the worst epidemiological disaster in California correctional history.' Now, hundreds of incarcerated people are having their day in court.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11876169 https://ww2.kqed.org/news/?p=11876169","disqusUrl":"https://ww2.kqed.org/news/2021/06/01/cruel-and-unusual-and-coronavirus/","disqusTitle":"Cruel and Unusual and Coronavirus","path":"/news/11876169/cruel-and-unusual-and-coronavirus","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\">\u003cimg class=\"alignnone size-full wp-image-11876185\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png\" alt='A Mark Fiore cartoon showing \"exhibit A,\" inmates being moved to San Quentin from Chino even though they were infected with COVID-19, then, \"exhibit B,\" inmates mixed with the San Quentin population, then \"exhibit COVID,\" and 75% of prison population infected and 28 deaths.' width=\"1920\" height=\"1375\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA.png 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-800x573.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1020x730.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-160x115.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/06/exhibitc_060121_finalA-1536x1100.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003c/p>\n\u003cp>A panel of judges called what happened in San Quentin State Prison during the pandemic, \"\u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">the worst epidemiological disaster in California correctional history\u003c/a>.\"\u003c/p>\n\u003cp>Now hundreds of incarcerated people are \u003ca href=\"http://bit.ly/sanquentincovidlawsuit\">having their day in court\u003c/a>.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation and officials at San Quentin were much more than just inept, they were downright cruel ... which is where the \u003ca href=\"https://www.govinfo.gov/content/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-9.pdf\">Eighth Amendment\u003c/a>, which bars cruel and unusual punishment, comes in.\u003c/p>\n\u003cp>Even though the pandemic appears to be winding down in our corner of the world, here's hoping people behind bars whose lives were recklessly put at risk during the height of the pandemic will see some measure of justice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11876169/cruel-and-unusual-and-coronavirus","authors":["3236"],"series":["news_18515"],"categories":["news_457","news_6188","news_13"],"tags":["news_1628","news_1629","news_27350","news_27504","news_20199","news_20949","news_27660","news_486","news_23"],"featImg":"news_11876185","label":"news_18515"},"news_11875968":{"type":"posts","id":"news_11875968","meta":{"index":"posts_1591205157","site":"news","id":"11875968","score":null,"sort":[1622483110000]},"guestAuthors":[],"slug":"court-hearing-examines-whether-san-quentins-deadly-covid-19-outbreak-could-have-been-prevented","title":"Court Hearing Examines Whether San Quentin’s Deadly COVID-19 Outbreak Could Have Been Prevented","publishDate":1622483110,"format":"audio","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>“I feared for my life,” said Ellis Hollis, who testified from inside San Quentin State Prison, where he is currently incarcerated. “Our lives was in jeopardy.”\u003c/p>\n\u003cp>Hollis is one of hundreds of men who are \u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">suing over the conditions inside San Quentin\u003c/a> during the height of the COVID-19 outbreak there last summer and afterward. About 75% of the prison’s population caught the virus and 28 prisoners and one staff member died.\u003c/p>\n\u003cp>At issue is whether prison officials did enough to protect the health of people incarcerated there.\u003c/p>\n\u003cp>The men incarcerated at the prison say that the crowded conditions and lack of adequate isolation and quarantining, among other prison health care policies, amounted to cruel and unusual punishment — a violation of the Eighth Amendment.\u003c/p>\n\u003cp>In a hearing in Marin County Superior Court that began in late May, a roster of witnesses were called to the stand by attorneys representing the incarcerated petitioners. Hollis and other men testified to feelings of fear and anxiety and a deep sense of helplessness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>One prisoner, Demetris McGee, talked about being locked up in the same cell as a man who had tested positive for COVID-19.\u003c/p>\n\u003cp>“You guys are cellies, so you have to stay together,” McGee said he was told, using a common nickname for cellmates.\u003c/p>\n\u003cp>Attorneys representing McGee demonstrated through photos and other exhibits just how small many of the cells are at San Quentin: 11 feet, 1 inch deep by 4 feet, 5 inches wide, with a distance of 3 feet, 2 inches between the upper and lower bunk beds. That’s about the size of a walk-in closet.\u003c/p>\n\u003cp>When McGee asked to be moved out of his cell so he wouldn’t get infected by his cellmate, he said he was told, “no can do.”\u003c/p>\n\u003cp>Several other prisoners also testified to being confined in the same cell as sick people while they were still healthy.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jesse Johnson, who was incarcerated at San Quentin State Prison during a COVID-19 outbreak\"]'Eventually people just started dropping like flies. You heard, ‘Man down! Man down!' '[/pullquote]\u003c/p>\n\u003cp>The testimony comes after a year \u003ca href=\"https://www.kqed.org/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges\">of ongoing litigation involving hundreds of medically vulnerable men\u003c/a> incarcerated at San Quentin, who began petitioning for release when the COVID-19 pandemic began sweeping through California's state prison system.\u003c/p>\n\u003cp>The judge denied KQED’s request to record video, audio or images of the proceedings, but the \u003ca href=\"https://zoom.us/j/96558384473?pwd=YlBBbEJFS0grSXVoVmdFNmcyZ0NUdz09\">hearing is accessible to the public\u003c/a>. The inmates participating in the case both testified and watched the hearing over Zoom, from inside the prison chapel.\u003c/p>\n\u003cp>Many men described harrowing COVID-19 symptoms. For Jesse Johnson, the illness was made worse by the condition of his cell. He said he experienced diarrhea, but had a toilet that didn’t work.\u003c/p>\n\u003cp>“I put a towel over the toilet to cover my excrement, you know, because the toilet wouldn't flush,” Johnson said. “It was just terrible.”\u003c/p>\n\u003cp>When asked whether he received medical care, Johnson said, “Not a single cough drop.”\u003c/p>\n\u003cp>“Eventually people just started dropping like flies,” Johnson said. “You heard, ‘Man down! Man down!' ”\u003c/p>\n\u003cp>One person incarcerated at San Quentin, Michael France, became visibly distressed when he described watching another prisoner die.\u003c/p>\n\u003cp>“He sounded critical,” France said. “He couldn't breathe. He belonged in the hospital for sure.”\u003c/p>\n\u003cp>France sobbed for several minutes, asking the court to “hold on” so he could compose himself.\u003c/p>\n\u003cp>When asked how the treatment his friend received made him feel, France replied, “Like trash. Cattle. Definitely not human.”\u003c/p>\n\u003cp>As he described watching correctional staff try to revive his friend, he said he could see everything that was happening through the bars of his cell door.\u003c/p>\n\u003cp>France’s testimony was a reminder of one way in which San Quentin’s design contributed to the rapid spread of the virus. Many have said the lack of solid cell doors at the prison, which is the oldest in the state, allowed respiratory droplets to drift freely — not just between cells, but also to different floors of the prison.\u003c/p>\n\u003cfigure id=\"attachment_11875997\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11875997\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-800x449.png\" alt=\"San Quentin tiers with open bars\" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-1020x573.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-160x90.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-1536x863.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars.png 1674w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Quentin is the oldest state prison in California. In some parts of the prison, cell doors are bars, not solid, and five floors share an open atrium. \u003ccite>(Monica Lam/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Right from the very beginning, when COVID-19 hit, as an epidemiologist and a physician, I had my eyes on San Quentin, knowing that it was a high-risk setting,” said Dr. Matt Willis, public health officer of Marin County, where San Quentin is located. “A prison, like San Quentin, where you have large numbers of individuals gathered close together, it's very challenging to manage when an outbreak occurs.”\u003c/p>\n\u003cp>Willis, who testified during the second day of the hearing, said he reached out to San Quentin officials to offer public health guidance and to help them manage their response to the pandemic. But he said his recommendations — which included putting in place a mask-wearing mandate, halting all transfers of prisoners between different housing units and weekly testing of staff for COVID-19 — were not followed.\u003c/p>\n\u003cp>Willis also said he strongly urged the prison to reduce its inmate population, because there was not enough room to adequately isolate and quarantine individuals.\u003c/p>\n\u003cp>“We were told that [the California Department of Corrections and Rehabilitation] had made a ruling that ... local health officers’ orders don't apply,” Willis said.\u003c/p>\n\u003ch2>Through the Eyes of the Warden\u003c/h2>\n\u003cp>Some of the most revealing testimony came from acting San Quentin Warden Ron Broomfield, who took the stand on the fourth day of the hearing and talked in frank and simple terms about events at the prison, which ignited the outbreak.\u003c/p>\n\u003cp>On May 30 of last year, San Quentin had recorded zero cases of COVID-19 among the incarcerated population. It was on that day, however, that a busload of prisoners were transferred from a Southern California prison with an active outbreak. At least two passengers already showed symptoms of the virus, according to the warden’s testimony and a \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2021/02/OIG-COVID-19-Review-Series-Part-3-%E2%80%93-Transfer-of-Patients-from-CIM.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">report by the Office of the Inspector General\u003c/a>.\u003c/p>\n\u003cp>During his testimony, Broomfield said he had not inquired when — or whether — the passengers on that bus had been tested for the coronavirus. He also said he did not inquire about what kind of social distancing was practiced on the bus.\u003c/p>\n\u003cp>“I had no participation in the scheduling, cohorting or transferring of those inmates,” Broomfield said.\u003c/p>\n\u003cp>While the symptomatic transferees were isolated right away, he said, their fellow passengers were not immediately quarantined. Instead, they were allowed to move about and use showers and other facilities shared by the rest of the housing unit for several days.\u003c/p>\n\u003cp>It was only after tests confirmed that some passengers were indeed infected with COVID-19 that the group was moved into isolation, Broomfield said. But by then, the virus had had the opportunity to spread within the prison.\u003c/p>\n\u003cp>Broomfield said he was “focused on keeping San Quentin safe,” but added that he could not have refused the additional prisoners.\u003c/p>\n\u003cp>“It is obvious to me that the population at San Quentin was horribly impacted by this pandemic. I'm also aware that the neighboring communities were horribly impacted by this pandemic,” Broomfield said towards the end of his testimony. “So my opinion is that anywhere in the world where there's dense populations, there's an increased risk of the spread of this pandemic.”\u003c/p>\n\u003ch2>Doctors Disagree\u003c/h2>\n\u003cp>The director of health care for the California prison system, Dr. Joseph Bick, testified that prison policies on social distancing, mask-wearing and quarantining not only met but exceeded public health and other state guidelines. Lawyers for the prison system have also pointed out that early in the pandemic, much less was known about how the virus is transmitted and about best practices.\u003c/p>\n\u003cp>In these portions of the hearing, all the witnesses, including the warden and representatives of prison medical services, have been called to the stand by attorneys representing the incarcerated petitioners. In the coming days, the attorney general’s office will call their experts and witnesses to build their side of the case.\u003c/p>\n\u003cp>Doctors and nurses who toured the prison during the outbreak or assisted with its medical response said they saw inconsistent mask-wearing and noted that in many situations, people did not maintain a 6-foot distance from others. UCSF infectious disease physician Dr. David Sears toured the prison last June and said he was concerned about the level of sanitation.\u003c/p>\n\u003cp>\" 'Clean' is not the word that I would use,” Sears said. “I had a sense of foreboding for both the residents and the staff of the prison.”\u003c/p>\n\u003cp>Sears was one of several authors of a \u003ca href=\"https://amend.us/wp-content/uploads/2020/06/COVID19-Outbreak-SQ-Prison-6.15.2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">June 2020 memo\u003c/a> addressed to San Quentin officials urging several changes, including improving testing turnaround times, expanding space for quarantine and isolation — and probably most controversially, reducing the prisoner population by “50% of current capacity.”\u003c/p>\n\u003cp>Other public health experts said their offers of assistance also went unheeded. In April of last year, when access to COVID-19 testing was in high demand but difficult to obtain, one UC Berkeley professor who ran a lab with specialized testing capability, Fyodor Urnov, reached out to the prison’s chief medical executive, Dr. Alison Pachynski.\u003c/p>\n\u003cp>“We immediately, as far as the leadership of the lab, made the executive decision that we will make available our nonprofit [testing] capacity to San Quentin,” Urnov said.\u003c/p>\n\u003cp>Urnov said Pachynski thanked him, but did not follow up to take advantage of his offer. Later, in June, when news of the outbreak at the prison began breaking, he said he renewed his offer of assistance, but did not hear back.\u003c/p>\n\u003cp>[aside label=\"RELATED COVERAGE\" postID=news_11865491,news_11852162,news_11825930]\u003c/p>\n\u003cp>UCSF epidemiology professor Meghan Morris called the actions of prison officials “reckless.”\u003c/p>\n\u003cp>“There was enough evidence within the scientific community — and policies being implemented in non-custodial settings — that we knew how transmission occurred,” Morris said. “And we also knew how to implement policies to prevent the transmission within a custodial setting.”\u003c/p>\n\u003cp>Morris also said that one of the most powerful tools for combating the spread of COVID-19 is to “reduce population density,” which remains at the heart of the current court case.\u003c/p>\n\u003cp>During cross-examination, attorneys for the prison system suggested that many of the experts who testified were not necessarily qualified to offer their expert opinion on prison policies. Prison officials have also argued that they face the unique challenge of juggling the health of inmates with the demands of maintaining public safety.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Meghan Morris, USCF professor of epidemiology and biostatistics\"]'San Quentin demonstrated a lack of value for the lives of those who are incarcerated within San Quentin. And I believe that the lack of value for the lives of people incarcerated still remains.'[/pullquote]\u003c/p>\n\u003cp>“The court failed to give 'due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions,' ” attorneys for the prison system wrote in a November court filing.\u003c/p>\n\u003ch2>Early Petition for Release\u003c/h2>\n\u003cp>The first person to petition the court for release from San Quentin, Ivan Von Staich, submitted his plea before there were any known cases of COVID-19 at that lockup. Von Staich said his medical conditions put him at higher risk of dying from the coronavirus, and he contended that prison officials would not be able to prevent the spread of the virus when it hit San Quentin. Von Staich’s initial request was rejected, but he won on appeal.\u003c/p>\n\u003cp>The case had gone up to the California Supreme Court and is now back in the Marin County Superior Court, where Judge Geoffrey Howard convened an evidentiary hearing that began on May 20.\u003c/p>\n\u003cp>The state’s attorneys have argued that the current hearing is altogether unnecessary because the outbreak is over. They say that conditions at San Quentin are greatly improved — about 70% of those incarcerated there have been vaccinated, and about 53% of the staff as well.\u003c/p>\n\u003cp>Additionally, corrections officials say the population at San Quentin has already been reduced significantly — it’s now down to 2,411 people as of late May, compared to 3,508 a year ago.\u003c/p>\n\u003cp>But the petitioners say the treatment they experienced during the height of the COVID-19 outbreak reflects an overall indifference to their health and welfare that continues.\u003c/p>\n\u003cp>“San Quentin demonstrated a lack of value for the lives of those who are incarcerated within San Quentin,” said Morris, the UCSF epidemiologist. “And I believe that the lack of value for the lives of people incarcerated still remains.”\u003c/p>\n\u003cp>The hearing is expected to wrap up this week or early next week.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>KQED's Julie Small contributed to this story.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Testifying from inside prison, incarcerated men described the conditions they experienced at the height of a massive coronavirus surge last summer that led to 28 deaths. ","status":"publish","parent":0,"modified":1622579463,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":60,"wordCount":2202},"headData":{"title":"Court Hearing Examines Whether San Quentin’s Deadly COVID-19 Outbreak Could Have Been Prevented | KQED","description":"Testifying from inside prison, incarcerated men described the conditions they experienced at the height of a massive coronavirus surge last summer that led to 28 deaths. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11875968 https://ww2.kqed.org/news/?p=11875968","disqusUrl":"https://ww2.kqed.org/news/2021/05/31/court-hearing-examines-whether-san-quentins-deadly-covid-19-outbreak-could-have-been-prevented/","disqusTitle":"Court Hearing Examines Whether San Quentin’s Deadly COVID-19 Outbreak Could Have Been Prevented","source":"coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/2c2f3d64-1fef-48e1-ac62-ad350123850a/audio.mp3","path":"/news/11875968/court-hearing-examines-whether-san-quentins-deadly-covid-19-outbreak-could-have-been-prevented","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>“I feared for my life,” said Ellis Hollis, who testified from inside San Quentin State Prison, where he is currently incarcerated. “Our lives was in jeopardy.”\u003c/p>\n\u003cp>Hollis is one of hundreds of men who are \u003ca href=\"https://www.kqed.org/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes\">suing over the conditions inside San Quentin\u003c/a> during the height of the COVID-19 outbreak there last summer and afterward. About 75% of the prison’s population caught the virus and 28 prisoners and one staff member died.\u003c/p>\n\u003cp>At issue is whether prison officials did enough to protect the health of people incarcerated there.\u003c/p>\n\u003cp>The men incarcerated at the prison say that the crowded conditions and lack of adequate isolation and quarantining, among other prison health care policies, amounted to cruel and unusual punishment — a violation of the Eighth Amendment.\u003c/p>\n\u003cp>In a hearing in Marin County Superior Court that began in late May, a roster of witnesses were called to the stand by attorneys representing the incarcerated petitioners. Hollis and other men testified to feelings of fear and anxiety and a deep sense of helplessness.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One prisoner, Demetris McGee, talked about being locked up in the same cell as a man who had tested positive for COVID-19.\u003c/p>\n\u003cp>“You guys are cellies, so you have to stay together,” McGee said he was told, using a common nickname for cellmates.\u003c/p>\n\u003cp>Attorneys representing McGee demonstrated through photos and other exhibits just how small many of the cells are at San Quentin: 11 feet, 1 inch deep by 4 feet, 5 inches wide, with a distance of 3 feet, 2 inches between the upper and lower bunk beds. That’s about the size of a walk-in closet.\u003c/p>\n\u003cp>When McGee asked to be moved out of his cell so he wouldn’t get infected by his cellmate, he said he was told, “no can do.”\u003c/p>\n\u003cp>Several other prisoners also testified to being confined in the same cell as sick people while they were still healthy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Eventually people just started dropping like flies. You heard, ‘Man down! Man down!' '","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jesse Johnson, who was incarcerated at San Quentin State Prison during a COVID-19 outbreak","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The testimony comes after a year \u003ca href=\"https://www.kqed.org/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges\">of ongoing litigation involving hundreds of medically vulnerable men\u003c/a> incarcerated at San Quentin, who began petitioning for release when the COVID-19 pandemic began sweeping through California's state prison system.\u003c/p>\n\u003cp>The judge denied KQED’s request to record video, audio or images of the proceedings, but the \u003ca href=\"https://zoom.us/j/96558384473?pwd=YlBBbEJFS0grSXVoVmdFNmcyZ0NUdz09\">hearing is accessible to the public\u003c/a>. The inmates participating in the case both testified and watched the hearing over Zoom, from inside the prison chapel.\u003c/p>\n\u003cp>Many men described harrowing COVID-19 symptoms. For Jesse Johnson, the illness was made worse by the condition of his cell. He said he experienced diarrhea, but had a toilet that didn’t work.\u003c/p>\n\u003cp>“I put a towel over the toilet to cover my excrement, you know, because the toilet wouldn't flush,” Johnson said. “It was just terrible.”\u003c/p>\n\u003cp>When asked whether he received medical care, Johnson said, “Not a single cough drop.”\u003c/p>\n\u003cp>“Eventually people just started dropping like flies,” Johnson said. “You heard, ‘Man down! Man down!' ”\u003c/p>\n\u003cp>One person incarcerated at San Quentin, Michael France, became visibly distressed when he described watching another prisoner die.\u003c/p>\n\u003cp>“He sounded critical,” France said. “He couldn't breathe. He belonged in the hospital for sure.”\u003c/p>\n\u003cp>France sobbed for several minutes, asking the court to “hold on” so he could compose himself.\u003c/p>\n\u003cp>When asked how the treatment his friend received made him feel, France replied, “Like trash. Cattle. Definitely not human.”\u003c/p>\n\u003cp>As he described watching correctional staff try to revive his friend, he said he could see everything that was happening through the bars of his cell door.\u003c/p>\n\u003cp>France’s testimony was a reminder of one way in which San Quentin’s design contributed to the rapid spread of the virus. Many have said the lack of solid cell doors at the prison, which is the oldest in the state, allowed respiratory droplets to drift freely — not just between cells, but also to different floors of the prison.\u003c/p>\n\u003cfigure id=\"attachment_11875997\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11875997\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-800x449.png\" alt=\"San Quentin tiers with open bars\" width=\"800\" height=\"449\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-800x449.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-1020x573.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-160x90.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars-1536x863.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/05/1235_01-open-bars.png 1674w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">San Quentin is the oldest state prison in California. In some parts of the prison, cell doors are bars, not solid, and five floors share an open atrium. \u003ccite>(Monica Lam/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Right from the very beginning, when COVID-19 hit, as an epidemiologist and a physician, I had my eyes on San Quentin, knowing that it was a high-risk setting,” said Dr. Matt Willis, public health officer of Marin County, where San Quentin is located. “A prison, like San Quentin, where you have large numbers of individuals gathered close together, it's very challenging to manage when an outbreak occurs.”\u003c/p>\n\u003cp>Willis, who testified during the second day of the hearing, said he reached out to San Quentin officials to offer public health guidance and to help them manage their response to the pandemic. But he said his recommendations — which included putting in place a mask-wearing mandate, halting all transfers of prisoners between different housing units and weekly testing of staff for COVID-19 — were not followed.\u003c/p>\n\u003cp>Willis also said he strongly urged the prison to reduce its inmate population, because there was not enough room to adequately isolate and quarantine individuals.\u003c/p>\n\u003cp>“We were told that [the California Department of Corrections and Rehabilitation] had made a ruling that ... local health officers’ orders don't apply,” Willis said.\u003c/p>\n\u003ch2>Through the Eyes of the Warden\u003c/h2>\n\u003cp>Some of the most revealing testimony came from acting San Quentin Warden Ron Broomfield, who took the stand on the fourth day of the hearing and talked in frank and simple terms about events at the prison, which ignited the outbreak.\u003c/p>\n\u003cp>On May 30 of last year, San Quentin had recorded zero cases of COVID-19 among the incarcerated population. It was on that day, however, that a busload of prisoners were transferred from a Southern California prison with an active outbreak. At least two passengers already showed symptoms of the virus, according to the warden’s testimony and a \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2021/02/OIG-COVID-19-Review-Series-Part-3-%E2%80%93-Transfer-of-Patients-from-CIM.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">report by the Office of the Inspector General\u003c/a>.\u003c/p>\n\u003cp>During his testimony, Broomfield said he had not inquired when — or whether — the passengers on that bus had been tested for the coronavirus. He also said he did not inquire about what kind of social distancing was practiced on the bus.\u003c/p>\n\u003cp>“I had no participation in the scheduling, cohorting or transferring of those inmates,” Broomfield said.\u003c/p>\n\u003cp>While the symptomatic transferees were isolated right away, he said, their fellow passengers were not immediately quarantined. Instead, they were allowed to move about and use showers and other facilities shared by the rest of the housing unit for several days.\u003c/p>\n\u003cp>It was only after tests confirmed that some passengers were indeed infected with COVID-19 that the group was moved into isolation, Broomfield said. But by then, the virus had had the opportunity to spread within the prison.\u003c/p>\n\u003cp>Broomfield said he was “focused on keeping San Quentin safe,” but added that he could not have refused the additional prisoners.\u003c/p>\n\u003cp>“It is obvious to me that the population at San Quentin was horribly impacted by this pandemic. I'm also aware that the neighboring communities were horribly impacted by this pandemic,” Broomfield said towards the end of his testimony. “So my opinion is that anywhere in the world where there's dense populations, there's an increased risk of the spread of this pandemic.”\u003c/p>\n\u003ch2>Doctors Disagree\u003c/h2>\n\u003cp>The director of health care for the California prison system, Dr. Joseph Bick, testified that prison policies on social distancing, mask-wearing and quarantining not only met but exceeded public health and other state guidelines. Lawyers for the prison system have also pointed out that early in the pandemic, much less was known about how the virus is transmitted and about best practices.\u003c/p>\n\u003cp>In these portions of the hearing, all the witnesses, including the warden and representatives of prison medical services, have been called to the stand by attorneys representing the incarcerated petitioners. In the coming days, the attorney general’s office will call their experts and witnesses to build their side of the case.\u003c/p>\n\u003cp>Doctors and nurses who toured the prison during the outbreak or assisted with its medical response said they saw inconsistent mask-wearing and noted that in many situations, people did not maintain a 6-foot distance from others. UCSF infectious disease physician Dr. David Sears toured the prison last June and said he was concerned about the level of sanitation.\u003c/p>\n\u003cp>\" 'Clean' is not the word that I would use,” Sears said. “I had a sense of foreboding for both the residents and the staff of the prison.”\u003c/p>\n\u003cp>Sears was one of several authors of a \u003ca href=\"https://amend.us/wp-content/uploads/2020/06/COVID19-Outbreak-SQ-Prison-6.15.2020.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">June 2020 memo\u003c/a> addressed to San Quentin officials urging several changes, including improving testing turnaround times, expanding space for quarantine and isolation — and probably most controversially, reducing the prisoner population by “50% of current capacity.”\u003c/p>\n\u003cp>Other public health experts said their offers of assistance also went unheeded. In April of last year, when access to COVID-19 testing was in high demand but difficult to obtain, one UC Berkeley professor who ran a lab with specialized testing capability, Fyodor Urnov, reached out to the prison’s chief medical executive, Dr. Alison Pachynski.\u003c/p>\n\u003cp>“We immediately, as far as the leadership of the lab, made the executive decision that we will make available our nonprofit [testing] capacity to San Quentin,” Urnov said.\u003c/p>\n\u003cp>Urnov said Pachynski thanked him, but did not follow up to take advantage of his offer. Later, in June, when news of the outbreak at the prison began breaking, he said he renewed his offer of assistance, but did not hear back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"RELATED COVERAGE ","postid":"news_11865491,news_11852162,news_11825930"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UCSF epidemiology professor Meghan Morris called the actions of prison officials “reckless.”\u003c/p>\n\u003cp>“There was enough evidence within the scientific community — and policies being implemented in non-custodial settings — that we knew how transmission occurred,” Morris said. “And we also knew how to implement policies to prevent the transmission within a custodial setting.”\u003c/p>\n\u003cp>Morris also said that one of the most powerful tools for combating the spread of COVID-19 is to “reduce population density,” which remains at the heart of the current court case.\u003c/p>\n\u003cp>During cross-examination, attorneys for the prison system suggested that many of the experts who testified were not necessarily qualified to offer their expert opinion on prison policies. Prison officials have also argued that they face the unique challenge of juggling the health of inmates with the demands of maintaining public safety.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'San Quentin demonstrated a lack of value for the lives of those who are incarcerated within San Quentin. And I believe that the lack of value for the lives of people incarcerated still remains.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Meghan Morris, USCF professor of epidemiology and biostatistics","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The court failed to give 'due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions,' ” attorneys for the prison system wrote in a November court filing.\u003c/p>\n\u003ch2>Early Petition for Release\u003c/h2>\n\u003cp>The first person to petition the court for release from San Quentin, Ivan Von Staich, submitted his plea before there were any known cases of COVID-19 at that lockup. Von Staich said his medical conditions put him at higher risk of dying from the coronavirus, and he contended that prison officials would not be able to prevent the spread of the virus when it hit San Quentin. Von Staich’s initial request was rejected, but he won on appeal.\u003c/p>\n\u003cp>The case had gone up to the California Supreme Court and is now back in the Marin County Superior Court, where Judge Geoffrey Howard convened an evidentiary hearing that began on May 20.\u003c/p>\n\u003cp>The state’s attorneys have argued that the current hearing is altogether unnecessary because the outbreak is over. They say that conditions at San Quentin are greatly improved — about 70% of those incarcerated there have been vaccinated, and about 53% of the staff as well.\u003c/p>\n\u003cp>Additionally, corrections officials say the population at San Quentin has already been reduced significantly — it’s now down to 2,411 people as of late May, compared to 3,508 a year ago.\u003c/p>\n\u003cp>But the petitioners say the treatment they experienced during the height of the COVID-19 outbreak reflects an overall indifference to their health and welfare that continues.\u003c/p>\n\u003cp>“San Quentin demonstrated a lack of value for the lives of those who are incarcerated within San Quentin,” said Morris, the UCSF epidemiologist. “And I believe that the lack of value for the lives of people incarcerated still remains.”\u003c/p>\n\u003cp>The hearing is expected to wrap up this week or early next week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Julie Small contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11875968/court-hearing-examines-whether-san-quentins-deadly-covid-19-outbreak-could-have-been-prevented","authors":["244"],"categories":["news_457","news_6188","news_8"],"tags":["news_1628","news_1629","news_27350","news_27504","news_28005","news_29250","news_27626","news_486","news_23"],"featImg":"news_11875982","label":"source_news_11875968"},"news_11865491":{"type":"posts","id":"news_11865491","meta":{"index":"posts_1591205157","site":"news","id":"11865491","score":null,"sort":[1616193914000]},"guestAuthors":[],"slug":"after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes","title":"After a Year of COVID-19 Outbreaks, California Prisons Reckon With Mistakes","publishDate":1616193914,"format":"audio","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>One year into the coronavirus pandemic, the impact on California’s prisons has become clear. Confined in close and often crowded quarters, \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">nearly half of everyone incarcerated\u003c/a> around the state has become infected — that’s more than 49,000 people.\u003c/p>\n\u003cp>Large outbreaks and alarming death tolls have ravaged most of the state’s prisons, from \u003ca href=\"https://www.kqed.org/news/11827142/lawmakers-want-stronger-covid-19-protections-in-california-prisons\">San Quentin State Prison in the San Francisco Bay Area\u003c/a> to \u003ca href=\"https://www.kqed.org/news/11848497/as-covid-19-tore-through-central-valley-prison-officials-failed-to-tighten-staffing-rules\">Avenal State Prison in the Central Valley\u003c/a> to Donovan Correctional Facility in the south of the state.\u003c/p>\n\u003cp>With the rollout of COVID-19 vaccines, the California Department of Corrections and Rehabilitation (CDCR) has said the worst is now behind us. As of March 16, more than 45% of incarcerated people have received their first dose, according to prison health care services.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Adamu Chan, formerly incarcerated at San Quentin State Prison\"]'Most of my friends caught COVID, and I know a few people that also passed.'[/pullquote]\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.kqed.org/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges\">court case\u003c/a> that has been brewing for months is keeping the issue in the spotlight. The possibility remains alive that prison officials may still have to take a drastic step: to halve the number of people at San Quentin, which was one of the hardest hit prisons in the state.\u003c/p>\n\u003ch3>A ‘Public Health Disaster’\u003c/h3>\n\u003cp>Last summer, a \u003ca href=\"https://www.kqed.org/news/11823976/botched-outbreak-of-covid-19-at-san-quentin-was-preventable-lawmaker-says\">busload of infected prisoners\u003c/a> from a Chino prison were transferred to San Quentin. The men hadn’t been tested for the virus in a timely fashion, nor were they quarantined for observation when they first arrived. Within days, COVID-19 began tearing through San Quentin like wildfire.\u003c/p>\n\u003cp>“Most of my friends caught COVID, and I know a few people that also passed,” said Adamu Chan, who was incarcerated at San Quentin at the time.\u003c/p>\n\u003cfigure id=\"attachment_11865529\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865529\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-800x450.jpg\" alt=\"Adamu Chan\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adamu Chan was incarcerated at San Quentin State Prison during the height of the COVID-19 outbreak there last summer. He's been working as a community organizer since his release last fall. \u003ccite>(Jim McKee/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Quentin is the state’s oldest prison, and its architecture makes it particularly vulnerable to the spread of any kind of infectious disease. Most cell doors aren’t solid, but rather consist of bars that allow air to flow freely. In the main housing block, tier after tier of cells are stacked upon each other with a wide-open atrium stretching from the ground floor to the ceiling several stories above.\u003c/p>\n\u003cp>The cells themselves are tiny.\u003c/p>\n\u003cp>“Folks are in 4-by-9 cells, double bunks, so there's two people in a very small cell,” Chan said. “In a cell block, there's about 800 people sharing the same air.”\u003c/p>\n\u003cp>To date, more than 70% of San Quentin’s inmates have been infected and 28 have died — the highest death toll at any of the state’s prisons. More than \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\">400 correctional staff at San Quentin\u003c/a> have also been infected and one has died.\u003c/p>\n\u003cp>But more than architecture contributed to the virus’ spread, said Marin County Deputy Public Defender Christine O’Hanlon, who represents 249 men at San Quentin who sued to be released.\u003c/p>\n\u003cp>“We found several what we call 'couplets,' or cell mates, where one of them was positive and the other one tested negative, and they did not separate them. They locked them in the cells together,” O’Hanlon said. “I think the brazen disregard to the concerns of COVID was the thing that shocked me the most.”\u003c/p>\n\u003cp>O’Hanlon said the conditions of confinement at the prison amount to cruel and unusual punishment — a violation of the Eighth Amendment.\u003c/p>\n\u003cfigure id=\"attachment_11865528\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865528\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-800x450.jpg\" alt=\"Marin County Public Defender Christine O'Hanlon\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Marin County Public Defender Christine O'Hanlon points to boxes and boxes of medical records related to the cases of her clients, 249 men incarcerated at San Quentin State Prison who are suing to be released. \u003ccite>(Jim McKee/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last October, a \u003ca href=\"https://www.documentcloud.org/documents/20433046-201020-appellate-ruling-von-staich-a160122\">panel of appellate court judges weighed in\u003c/a>, calling what was happening at San Quentin “the worst epidemiological disaster in California correctional history.” They ordered prison officials to reduce San Quentin’s population by a whopping 50% to allow for proper social distancing and quarantining.\u003c/p>\n\u003cp>The governor and CDCR immediately appealed that order, saying that deciding which prisoners to release is a complex and time-consuming process and that releases could pose a danger to the community.\u003c/p>\n\u003cp>In February, the Office of the Inspector General for prisons (OIG) \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2021/02/OIG-COVID-19-Review-Series-Part-3-%E2%80%93-Transfer-of-Patients-from-CIM.pdf\">released a report\u003c/a> further detailing how the inaction of prison officials caused a “public health disaster” at San Quentin.\u003c/p>\n\u003cp>The inspector general wrote that testing for the virus was inadequate, that sick or potentially infected people were not immediately quarantined and thorough contact tracing was not conducted.\u003c/p>\n\u003cp>\"The prison’s inability to properly quarantine and isolate incarcerated persons exposed to or infected with COVID-19, along with its practice of allowing staff to work throughout the prison during shifts or on different days, likely caused the virus to spread to multiple areas of the prison,\" the report said.\u003c/p>\n\u003cp>CDCR declined to give an interview but responded to the OIG's report with a statement that said, \"San Quentin State Prison has made many improvements and already remedied several of the citations .... to keep all those who live and work in our state prisons safe.\"\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Attorneys for the California Department of Corrections and Rehabilitation\"]'The court failed to give ‘due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions.'’[/pullquote]\u003c/p>\n\u003cp>Meanwhile, the \u003ca href=\"https://www.khsu.org/post/california-supreme-court-sends-san-quentin-covid-19-case-back-appeals-court#stream/0\">California Supreme Court instructed the appellate court\u003c/a> to consider whether an evidentiary hearing should be held in the matter of San Quentin and the months-old order (on pause because of the appeals process) to cut the prisoner population.\u003c/p>\n\u003cp>On Feb. 24, as the one-year anniversary of statewide shelter-in-place orders approached, the appellate court decided to move forward with an evidentiary hearing. While the date is still to be determined, it means that the testimony of people — like the formerly incarcerated Chan — will be publicly presented and entered into a public record.\u003c/p>\n\u003cp>“Prisons don't provide proper health care to folks,” Chan said. “Prisons are filled with largely large populations of elderly folks and people with preexisting conditions. And they are dirty and unsafe.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>An ‘Unenviable Task’\u003c/h3>\n\u003cp>CDCR has argued that their efforts “are in lockstep with the [Centers for Disease Control and Prevention’s] guidance on the management of COVID-19 in correctional facilities,” and that they have taken significant measures to respond to the pandemic, including providing masks, hand sanitizer and soap, and setting aside more space for quarantining and caring for COVID-positive people.\u003c/p>\n\u003cp>Furthermore, prison officials have said they must juggle the health of inmates with the challenges of maintaining public safety.\u003c/p>\n\u003cp>“The court failed to give ‘due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions,' ” attorneys for the prison system wrote in a November court filing in which they quoted previous court rulings.\u003c/p>\n\u003cp>Public defender O’Hanlon countered that many of her clients are at low risk for reoffending if released, because they’re older and also suffer from other medical problems.\u003c/p>\n\u003cfigure id=\"attachment_11865563\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865563\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-800x450.jpg\" alt=\"As of March 16, the California Department of Corrections and Rehabilitation has administered vaccines to more than 45% of incarcerated people and more than 26,000 correctional staff.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">As of March 16, the California Department of Corrections and Rehabilitation has administered vaccines to more than 45% of incarcerated people and more than 26,000 correctional staff. \u003ccite>(Courtesy of CDCR/CCHCS)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The state is arguing that a 50% population reduction at San Quentin is no longer necessary now that vaccines have become available and California has prioritized vaccinating incarcerated people. As of March 16, more than 43,000 prisoners and more than 26,000 staff have received first-round vaccines, according to California Correctional Health Care Services.\u003c/p>\n\u003cp>[aside label=\"RELATED COVERAGE\" tag=\"san-quentin-state-prison\"]\u003c/p>\n\u003cp>But O’Hanlon said there are broader issues at stake, including how the prison system neglects inmate health care in general.\u003c/p>\n\u003cp>“Our position is that CDCR should not get a pass for the egregious conduct,” she said. “I think they need to be held to answer to what they were doing, why they allowed this to go on.”\u003c/p>\n\u003cp>More importantly, O'Hanlon said, “They need to be discouraged and deterred from doing this in the future.”\u003c/p>\n\u003cp>While the upcoming evidentiary hearing will focus solely on what happened at San Quentin, a ruling could set a precedent for other prisons in California that have grappled with severe outbreaks, including the California Institution for Men, where 27 inmates have died from COVID-19, and Avenal State Prison where more than 3,000 people were infected.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"An upcoming court hearing will test whether prison officials may have to take a drastic step: reduce the prison population at San Quentin State Prison by 50%.","status":"publish","parent":0,"modified":1616204564,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1476},"headData":{"title":"After a Year of COVID-19 Outbreaks, California Prisons Reckon With Mistakes | KQED","description":"An upcoming court hearing will test whether prison officials may have to take a drastic step: reduce the prison population at San Quentin State Prison by 50%.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11865491 https://ww2.kqed.org/news/?p=11865491","disqusUrl":"https://ww2.kqed.org/news/2021/03/19/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes/","disqusTitle":"After a Year of COVID-19 Outbreaks, California Prisons Reckon With Mistakes","source":"coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/b23d32ac-4f74-4e26-8d4f-acf0010cc16e/audio.mp3","path":"/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>One year into the coronavirus pandemic, the impact on California’s prisons has become clear. Confined in close and often crowded quarters, \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">nearly half of everyone incarcerated\u003c/a> around the state has become infected — that’s more than 49,000 people.\u003c/p>\n\u003cp>Large outbreaks and alarming death tolls have ravaged most of the state’s prisons, from \u003ca href=\"https://www.kqed.org/news/11827142/lawmakers-want-stronger-covid-19-protections-in-california-prisons\">San Quentin State Prison in the San Francisco Bay Area\u003c/a> to \u003ca href=\"https://www.kqed.org/news/11848497/as-covid-19-tore-through-central-valley-prison-officials-failed-to-tighten-staffing-rules\">Avenal State Prison in the Central Valley\u003c/a> to Donovan Correctional Facility in the south of the state.\u003c/p>\n\u003cp>With the rollout of COVID-19 vaccines, the California Department of Corrections and Rehabilitation (CDCR) has said the worst is now behind us. As of March 16, more than 45% of incarcerated people have received their first dose, according to prison health care services.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Most of my friends caught COVID, and I know a few people that also passed.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Adamu Chan, formerly incarcerated at San Quentin State Prison","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.kqed.org/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges\">court case\u003c/a> that has been brewing for months is keeping the issue in the spotlight. The possibility remains alive that prison officials may still have to take a drastic step: to halve the number of people at San Quentin, which was one of the hardest hit prisons in the state.\u003c/p>\n\u003ch3>A ‘Public Health Disaster’\u003c/h3>\n\u003cp>Last summer, a \u003ca href=\"https://www.kqed.org/news/11823976/botched-outbreak-of-covid-19-at-san-quentin-was-preventable-lawmaker-says\">busload of infected prisoners\u003c/a> from a Chino prison were transferred to San Quentin. The men hadn’t been tested for the virus in a timely fashion, nor were they quarantined for observation when they first arrived. Within days, COVID-19 began tearing through San Quentin like wildfire.\u003c/p>\n\u003cp>“Most of my friends caught COVID, and I know a few people that also passed,” said Adamu Chan, who was incarcerated at San Quentin at the time.\u003c/p>\n\u003cfigure id=\"attachment_11865529\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865529\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-800x450.jpg\" alt=\"Adamu Chan\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Adamu-3_cc.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Adamu Chan was incarcerated at San Quentin State Prison during the height of the COVID-19 outbreak there last summer. He's been working as a community organizer since his release last fall. \u003ccite>(Jim McKee/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Quentin is the state’s oldest prison, and its architecture makes it particularly vulnerable to the spread of any kind of infectious disease. Most cell doors aren’t solid, but rather consist of bars that allow air to flow freely. In the main housing block, tier after tier of cells are stacked upon each other with a wide-open atrium stretching from the ground floor to the ceiling several stories above.\u003c/p>\n\u003cp>The cells themselves are tiny.\u003c/p>\n\u003cp>“Folks are in 4-by-9 cells, double bunks, so there's two people in a very small cell,” Chan said. “In a cell block, there's about 800 people sharing the same air.”\u003c/p>\n\u003cp>To date, more than 70% of San Quentin’s inmates have been infected and 28 have died — the highest death toll at any of the state’s prisons. More than \u003ca href=\"https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/\">400 correctional staff at San Quentin\u003c/a> have also been infected and one has died.\u003c/p>\n\u003cp>But more than architecture contributed to the virus’ spread, said Marin County Deputy Public Defender Christine O’Hanlon, who represents 249 men at San Quentin who sued to be released.\u003c/p>\n\u003cp>“We found several what we call 'couplets,' or cell mates, where one of them was positive and the other one tested negative, and they did not separate them. They locked them in the cells together,” O’Hanlon said. “I think the brazen disregard to the concerns of COVID was the thing that shocked me the most.”\u003c/p>\n\u003cp>O’Hanlon said the conditions of confinement at the prison amount to cruel and unusual punishment — a violation of the Eighth Amendment.\u003c/p>\n\u003cfigure id=\"attachment_11865528\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865528\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-800x450.jpg\" alt=\"Marin County Public Defender Christine O'Hanlon\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/ohanlon-2_edited.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Marin County Public Defender Christine O'Hanlon points to boxes and boxes of medical records related to the cases of her clients, 249 men incarcerated at San Quentin State Prison who are suing to be released. \u003ccite>(Jim McKee/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last October, a \u003ca href=\"https://www.documentcloud.org/documents/20433046-201020-appellate-ruling-von-staich-a160122\">panel of appellate court judges weighed in\u003c/a>, calling what was happening at San Quentin “the worst epidemiological disaster in California correctional history.” They ordered prison officials to reduce San Quentin’s population by a whopping 50% to allow for proper social distancing and quarantining.\u003c/p>\n\u003cp>The governor and CDCR immediately appealed that order, saying that deciding which prisoners to release is a complex and time-consuming process and that releases could pose a danger to the community.\u003c/p>\n\u003cp>In February, the Office of the Inspector General for prisons (OIG) \u003ca href=\"https://www.oig.ca.gov/wp-content/uploads/2021/02/OIG-COVID-19-Review-Series-Part-3-%E2%80%93-Transfer-of-Patients-from-CIM.pdf\">released a report\u003c/a> further detailing how the inaction of prison officials caused a “public health disaster” at San Quentin.\u003c/p>\n\u003cp>The inspector general wrote that testing for the virus was inadequate, that sick or potentially infected people were not immediately quarantined and thorough contact tracing was not conducted.\u003c/p>\n\u003cp>\"The prison’s inability to properly quarantine and isolate incarcerated persons exposed to or infected with COVID-19, along with its practice of allowing staff to work throughout the prison during shifts or on different days, likely caused the virus to spread to multiple areas of the prison,\" the report said.\u003c/p>\n\u003cp>CDCR declined to give an interview but responded to the OIG's report with a statement that said, \"San Quentin State Prison has made many improvements and already remedied several of the citations .... to keep all those who live and work in our state prisons safe.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The court failed to give ‘due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions.'’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Attorneys for the California Department of Corrections and Rehabilitation","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Meanwhile, the \u003ca href=\"https://www.khsu.org/post/california-supreme-court-sends-san-quentin-covid-19-case-back-appeals-court#stream/0\">California Supreme Court instructed the appellate court\u003c/a> to consider whether an evidentiary hearing should be held in the matter of San Quentin and the months-old order (on pause because of the appeals process) to cut the prisoner population.\u003c/p>\n\u003cp>On Feb. 24, as the one-year anniversary of statewide shelter-in-place orders approached, the appellate court decided to move forward with an evidentiary hearing. While the date is still to be determined, it means that the testimony of people — like the formerly incarcerated Chan — will be publicly presented and entered into a public record.\u003c/p>\n\u003cp>“Prisons don't provide proper health care to folks,” Chan said. “Prisons are filled with largely large populations of elderly folks and people with preexisting conditions. And they are dirty and unsafe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>An ‘Unenviable Task’\u003c/h3>\n\u003cp>CDCR has argued that their efforts “are in lockstep with the [Centers for Disease Control and Prevention’s] guidance on the management of COVID-19 in correctional facilities,” and that they have taken significant measures to respond to the pandemic, including providing masks, hand sanitizer and soap, and setting aside more space for quarantining and caring for COVID-positive people.\u003c/p>\n\u003cp>Furthermore, prison officials have said they must juggle the health of inmates with the challenges of maintaining public safety.\u003c/p>\n\u003cp>“The court failed to give ‘due regard for prison officials’ unenviable task of keeping dangerous men in safe custody under humane conditions,' ” attorneys for the prison system wrote in a November court filing in which they quoted previous court rulings.\u003c/p>\n\u003cp>Public defender O’Hanlon countered that many of her clients are at low risk for reoffending if released, because they’re older and also suffer from other medical problems.\u003c/p>\n\u003cfigure id=\"attachment_11865563\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11865563\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-800x450.jpg\" alt=\"As of March 16, the California Department of Corrections and Rehabilitation has administered vaccines to more than 45% of incarcerated people and more than 26,000 correctional staff.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-1020x574.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop-1536x864.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/cdcr-vax_crop.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">As of March 16, the California Department of Corrections and Rehabilitation has administered vaccines to more than 45% of incarcerated people and more than 26,000 correctional staff. \u003ccite>(Courtesy of CDCR/CCHCS)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The state is arguing that a 50% population reduction at San Quentin is no longer necessary now that vaccines have become available and California has prioritized vaccinating incarcerated people. As of March 16, more than 43,000 prisoners and more than 26,000 staff have received first-round vaccines, according to California Correctional Health Care Services.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"RELATED COVERAGE ","tag":"san-quentin-state-prison"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But O’Hanlon said there are broader issues at stake, including how the prison system neglects inmate health care in general.\u003c/p>\n\u003cp>“Our position is that CDCR should not get a pass for the egregious conduct,” she said. “I think they need to be held to answer to what they were doing, why they allowed this to go on.”\u003c/p>\n\u003cp>More importantly, O'Hanlon said, “They need to be discouraged and deterred from doing this in the future.”\u003c/p>\n\u003cp>While the upcoming evidentiary hearing will focus solely on what happened at San Quentin, a ruling could set a precedent for other prisons in California that have grappled with severe outbreaks, including the California Institution for Men, where 27 inmates have died from COVID-19, and Avenal State Prison where more than 3,000 people were infected.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11865491/after-a-year-of-covid-19-outbreaks-california-prisons-reckon-with-mistakes","authors":["244"],"categories":["news_457","news_6188","news_8"],"tags":["news_1628","news_1629","news_27350","news_27504","news_27626","news_486","news_23"],"featImg":"news_11865527","label":"source_news_11865491"},"news_11852162":{"type":"posts","id":"news_11852162","meta":{"index":"posts_1591205157","site":"news","id":"11852162","score":null,"sort":[1608575397000]},"guestAuthors":[],"slug":"hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges","title":"Hundreds of People at San Quentin Petition for Release as COVID-19 Surges","publishDate":1608575397,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A Marin County judge could begin ordering the release or transfer of hundreds of men incarcerated at San Quentin State Prison as early as Monday.\u003c/p>\n\u003cp>More than 400 elderly and medically vulnerable incarcerated people petitioned the superior court for release during and after a massive outbreak at the prison this summer that infected 2,200 people and resulted in the deaths of 28 men.[pullquote size=\"medium\" align=\"right\" citation=\"Christine O’Hanlon, Marin County deputy public defender\"]'They were rolling the dice with those people’s lives.'[/pullquote]\u003c/p>\n\u003cp>Many of the men who’ve asked the court for relief are age 60 and over, or have chronic medical conditions that the Centers for Disease Control and Prevention has determined put them at greater risk of becoming seriously ill or dying from COVID-19.\u003c/p>\n\u003cp>The incarcerated men allege in court filings that prison officials violated their Eighth Amendment right against cruel and unusual punishment by exposing them to the virus.\u003c/p>\n\u003cp>The Marin County public defender’s office represents 249 of the men who’ve petitioned for release. Deputy Public Defender Christine O’Hanlon says some of them were locked up with cellmates who had the virus.\u003c/p>\n\u003cp>“We had numerous pairs where one person was negative, one was positive and [the California Department of Corrections and Rehabilitation] did nothing to separate them, and then they end up getting sick,” O’Hanlon said. “They were rolling the dice with those people’s lives.”\u003c/p>\n\u003cp>Marin County Superior Court Judge Geoffrey Howard plans to soon start ruling on cases — according to a Dec. 9 \u003ca href=\"https://beta.documentcloud.org/documents/20433045-201209-marin-co-judge-order-re-habeus-petitions-case-management-order-no-12\" target=\"_blank\" rel=\"noopener noreferrer\">court order\u003c/a> — beginning with older and sicker incarcerated people.\u003c/p>\n\u003cp>But Howard made clear he won’t order release from prison as the only remedy for the risk and suffering to incarcerated people. Prison officials may also transfer at-risk people to prisons with safer housing, the judge ruled.\u003c/p>\n\u003cp>That came as a blow to the men's attorneys, who’ve warned that any transfer of medically vulnerable incarcerated people heightens the risk of transmission, especially with COVID-19 infections surging again in prisons across the state. [ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>New Surge in COVID-19 Infections\u003c/strong>\u003c/h3>\n\u003cp>COVID-19 cases were in the low hundreds across the prison system in October, but they’ve since exploded. Nearly 9,000 people incarcerated in California state prisons have tested positive for the virus within the last two weeks, according to state data released Sunday, with triple-digit new coronavirus cases identified in 22 of the state’s 35 adult institutions.\u003c/p>\n\u003cp>Pleasant Valley State Prison in the Central Valley saw the biggest increase in infections over the last two weeks. Over 700 men incarcerated there have the virus.\u003c/p>\n\u003cp>Despite the rising number of infections, prison officials abruptly transferred 26 medically vulnerable people from San Quentin to another prison a week ago Monday.[aside postID=\"forum_2010101880985,news_11848497,news_11836868\" label=\"COVID-19 in California Prisons\"]\u003c/p>\n\u003cp>Liz Gransee, a spokeswoman for California Correctional Health Care Services, wrote in a Dec. 15 email that the men were moved to “safer housing” at California State Prison in Corcoran.\u003c/p>\n\u003cp>“It’s important to note that every safety precaution is taken on any patient movement,” Gransee wrote, “including testing before and after any moves, quarantining upon arrival at the new housing location, the use of N95 masks by all, and sanitation of all housing spaces prior to any movement.”\u003c/p>\n\u003cp>The public defender filed an emergency motion Wednesday to temporarily stop the transfers until Judge Howard can “fully consider” whether it’s safe.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation suspended further COVID-19 related transfers last week.\u003c/p>\n\u003cp>“My clients are terrified of transferring,” Deputy Public Defender O’Hanlon said. “They know the transfer process involves being confined in small spaces with several people for several hours and then getting to a new place where they don't know what's there.”\u003c/p>\n\u003cp>The 26 men transferred from San Quentin last week went from a prison with four active cases at the time to one with 50.\u003c/p>\n\u003cp>Noting that most state prisons are at or over capacity, O’Hanlon doubted any institution could safely absorb transfers of medically vulnerable incarcerated people.\u003c/p>\n\u003cp>“You can't just pack them in like sardines somewhere else,” she said. “You have to put them in a place where they can be safely housed, practice social distancing and avoid dorm settings.”\u003c/p>\n\u003cp>San Quentin’s summer outbreak resulted from the botched May 31 transfer of 121 people from the California Institution for Men in Southern California. Ironically, the men — all at high risk for COVID-19 — were moved to San Quentin from Chino to protect them from getting infected as the virus raged at the Southern California facility.\u003c/p>\n\u003cp>At a state Senate hearing in June, Clark Kelso, the federal receiver in charge of prison medical care, took full responsibility for approving the transfer. Kelso said the transfer was conducted “too quickly” and was “a big mistake.”\u003c/p>\n\u003cp>At the time, people incarcerated in state prisons could only be transferred if they had tested negative for the virus beforehand, but as Kelso said he later learned, some men received those tests up to two weeks before their departure.\u003c/p>\n\u003cp>Kelso issued new protocols for transfers in August, including same-day testing for COVID-19, retesting and isolation upon arrival at the new prison.\u003c/p>\n\u003cp>Those new protocols were cited in a recent appellate ruling as the reason that transfers can be considered a safe alternative to releasing medically vulnerable people.\u003c/p>\n\u003ch3>\u003cstrong>Order to Halve San Quentin Population Appealed to California Supreme Court\u003c/strong>\u003c/h3>\n\u003cp>Ivan Von Staich, a 64-year-old at San Quentin with respiratory issues, petitioned for release before there was an outbreak of COVID-19. Von Staich argued in a successful appeal that the prison would not be able to protect people like him if the population became infected because there would be no way to be physically distant from others.\u003c/p>\n\u003cp>His attorneys disclosed that prison officials ignored a key recommendation by a group of university doctors and epidemiologists who toured San Quentin State Prison in June. The team of health experts from UCSF and UC Berkeley urged prison officials to reduce the incarcerated population at the prison by half to allow for social distancing and quarantine of those infected.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"State Attorney General's Petition to California Supreme Court\"]'CDCR has diligently worked to implement various significant mitigation efforts.'[/pullquote]\u003c/p>\n\u003cp>A three-judge state appeals court \u003ca href=\"https://beta.documentcloud.org/documents/20433046-201020-appellate-ruling-von-staich-a160122\" target=\"_blank\" rel=\"noopener noreferrer\">found on Oct. 20\u003c/a> that San Quentin officials acted with “deliberate indifference” to the health of all people held at the prison and ordered them to immediately cut the population by half.\u003c/p>\n\u003cp>“By all accounts, the COVID-19 outbreak at San Quentin has been the worst epidemiological disaster in California correctional history,” Presiding Judge Anthony Kline wrote in the decision. “And there is no assurance San Quentin will not experience a second or even third spike.”\u003c/p>\n\u003cp>California Attorney General Xavier Becerra has appealed that ruling to the California Supreme Court, which has asked for expedited briefing and will decide whether to review the case by Jan. 25.\u003c/p>\n\u003cp>“It cannot be that prison officials are deliberately indifferent to the risks COVID-19 poses to inmate health when there is no dispute CDCR has diligently worked to implement various significant mitigation efforts,” the attorney general argued in his \u003ca href=\"https://beta.documentcloud.org/documents/20433047-201116-ag-petition-for-cal-sup-ct-review-w-exhibit-final\" target=\"_blank\" rel=\"noopener noreferrer\">Nov. 16 petition\u003c/a> to the state Supreme Court.\u003c/p>\n\u003cp>Until then, Marin County Superior Court Judge Howard has said he’ll follow the appellate ruling in any order he issues on petitions from men at San Quentin.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"With active COVID-19 cases throughout the state prison topping 10,000, a Marin County judge is expected to soon start ruling on release petitions from over 400 older and medically vulnerable people held at San Quentin State Prison.","status":"publish","parent":0,"modified":1608593012,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1306},"headData":{"title":"Hundreds of People at San Quentin Petition for Release as COVID-19 Surges | KQED","description":"With active COVID-19 cases throughout the state prison topping 10,000, a Marin County judge is expected to soon start ruling on release petitions from over 400 older and medically vulnerable people held at San Quentin State Prison.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11852162 https://ww2.kqed.org/news/?p=11852162","disqusUrl":"https://ww2.kqed.org/news/2020/12/21/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges/","disqusTitle":"Hundreds of People at San Quentin Petition for Release as COVID-19 Surges","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/f501416a-17d3-44b1-b5e6-ac9801356f77/audio.mp3","path":"/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Marin County judge could begin ordering the release or transfer of hundreds of men incarcerated at San Quentin State Prison as early as Monday.\u003c/p>\n\u003cp>More than 400 elderly and medically vulnerable incarcerated people petitioned the superior court for release during and after a massive outbreak at the prison this summer that infected 2,200 people and resulted in the deaths of 28 men.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'They were rolling the dice with those people’s lives.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Christine O’Hanlon, Marin County deputy public defender","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many of the men who’ve asked the court for relief are age 60 and over, or have chronic medical conditions that the Centers for Disease Control and Prevention has determined put them at greater risk of becoming seriously ill or dying from COVID-19.\u003c/p>\n\u003cp>The incarcerated men allege in court filings that prison officials violated their Eighth Amendment right against cruel and unusual punishment by exposing them to the virus.\u003c/p>\n\u003cp>The Marin County public defender’s office represents 249 of the men who’ve petitioned for release. Deputy Public Defender Christine O’Hanlon says some of them were locked up with cellmates who had the virus.\u003c/p>\n\u003cp>“We had numerous pairs where one person was negative, one was positive and [the California Department of Corrections and Rehabilitation] did nothing to separate them, and then they end up getting sick,” O’Hanlon said. “They were rolling the dice with those people’s lives.”\u003c/p>\n\u003cp>Marin County Superior Court Judge Geoffrey Howard plans to soon start ruling on cases — according to a Dec. 9 \u003ca href=\"https://beta.documentcloud.org/documents/20433045-201209-marin-co-judge-order-re-habeus-petitions-case-management-order-no-12\" target=\"_blank\" rel=\"noopener noreferrer\">court order\u003c/a> — beginning with older and sicker incarcerated people.\u003c/p>\n\u003cp>But Howard made clear he won’t order release from prison as the only remedy for the risk and suffering to incarcerated people. Prison officials may also transfer at-risk people to prisons with safer housing, the judge ruled.\u003c/p>\n\u003cp>That came as a blow to the men's attorneys, who’ve warned that any transfer of medically vulnerable incarcerated people heightens the risk of transmission, especially with COVID-19 infections surging again in prisons across the state. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>New Surge in COVID-19 Infections\u003c/strong>\u003c/h3>\n\u003cp>COVID-19 cases were in the low hundreds across the prison system in October, but they’ve since exploded. Nearly 9,000 people incarcerated in California state prisons have tested positive for the virus within the last two weeks, according to state data released Sunday, with triple-digit new coronavirus cases identified in 22 of the state’s 35 adult institutions.\u003c/p>\n\u003cp>Pleasant Valley State Prison in the Central Valley saw the biggest increase in infections over the last two weeks. Over 700 men incarcerated there have the virus.\u003c/p>\n\u003cp>Despite the rising number of infections, prison officials abruptly transferred 26 medically vulnerable people from San Quentin to another prison a week ago Monday.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"forum_2010101880985,news_11848497,news_11836868","label":"COVID-19 in California Prisons "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Liz Gransee, a spokeswoman for California Correctional Health Care Services, wrote in a Dec. 15 email that the men were moved to “safer housing” at California State Prison in Corcoran.\u003c/p>\n\u003cp>“It’s important to note that every safety precaution is taken on any patient movement,” Gransee wrote, “including testing before and after any moves, quarantining upon arrival at the new housing location, the use of N95 masks by all, and sanitation of all housing spaces prior to any movement.”\u003c/p>\n\u003cp>The public defender filed an emergency motion Wednesday to temporarily stop the transfers until Judge Howard can “fully consider” whether it’s safe.\u003c/p>\n\u003cp>California’s Department of Corrections and Rehabilitation suspended further COVID-19 related transfers last week.\u003c/p>\n\u003cp>“My clients are terrified of transferring,” Deputy Public Defender O’Hanlon said. “They know the transfer process involves being confined in small spaces with several people for several hours and then getting to a new place where they don't know what's there.”\u003c/p>\n\u003cp>The 26 men transferred from San Quentin last week went from a prison with four active cases at the time to one with 50.\u003c/p>\n\u003cp>Noting that most state prisons are at or over capacity, O’Hanlon doubted any institution could safely absorb transfers of medically vulnerable incarcerated people.\u003c/p>\n\u003cp>“You can't just pack them in like sardines somewhere else,” she said. “You have to put them in a place where they can be safely housed, practice social distancing and avoid dorm settings.”\u003c/p>\n\u003cp>San Quentin’s summer outbreak resulted from the botched May 31 transfer of 121 people from the California Institution for Men in Southern California. Ironically, the men — all at high risk for COVID-19 — were moved to San Quentin from Chino to protect them from getting infected as the virus raged at the Southern California facility.\u003c/p>\n\u003cp>At a state Senate hearing in June, Clark Kelso, the federal receiver in charge of prison medical care, took full responsibility for approving the transfer. Kelso said the transfer was conducted “too quickly” and was “a big mistake.”\u003c/p>\n\u003cp>At the time, people incarcerated in state prisons could only be transferred if they had tested negative for the virus beforehand, but as Kelso said he later learned, some men received those tests up to two weeks before their departure.\u003c/p>\n\u003cp>Kelso issued new protocols for transfers in August, including same-day testing for COVID-19, retesting and isolation upon arrival at the new prison.\u003c/p>\n\u003cp>Those new protocols were cited in a recent appellate ruling as the reason that transfers can be considered a safe alternative to releasing medically vulnerable people.\u003c/p>\n\u003ch3>\u003cstrong>Order to Halve San Quentin Population Appealed to California Supreme Court\u003c/strong>\u003c/h3>\n\u003cp>Ivan Von Staich, a 64-year-old at San Quentin with respiratory issues, petitioned for release before there was an outbreak of COVID-19. Von Staich argued in a successful appeal that the prison would not be able to protect people like him if the population became infected because there would be no way to be physically distant from others.\u003c/p>\n\u003cp>His attorneys disclosed that prison officials ignored a key recommendation by a group of university doctors and epidemiologists who toured San Quentin State Prison in June. The team of health experts from UCSF and UC Berkeley urged prison officials to reduce the incarcerated population at the prison by half to allow for social distancing and quarantine of those infected.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'CDCR has diligently worked to implement various significant mitigation efforts.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"State Attorney General's Petition to California Supreme Court","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A three-judge state appeals court \u003ca href=\"https://beta.documentcloud.org/documents/20433046-201020-appellate-ruling-von-staich-a160122\" target=\"_blank\" rel=\"noopener noreferrer\">found on Oct. 20\u003c/a> that San Quentin officials acted with “deliberate indifference” to the health of all people held at the prison and ordered them to immediately cut the population by half.\u003c/p>\n\u003cp>“By all accounts, the COVID-19 outbreak at San Quentin has been the worst epidemiological disaster in California correctional history,” Presiding Judge Anthony Kline wrote in the decision. “And there is no assurance San Quentin will not experience a second or even third spike.”\u003c/p>\n\u003cp>California Attorney General Xavier Becerra has appealed that ruling to the California Supreme Court, which has asked for expedited briefing and will decide whether to review the case by Jan. 25.\u003c/p>\n\u003cp>“It cannot be that prison officials are deliberately indifferent to the risks COVID-19 poses to inmate health when there is no dispute CDCR has diligently worked to implement various significant mitigation efforts,” the attorney general argued in his \u003ca href=\"https://beta.documentcloud.org/documents/20433047-201116-ag-petition-for-cal-sup-ct-review-w-exhibit-final\" target=\"_blank\" rel=\"noopener noreferrer\">Nov. 16 petition\u003c/a> to the state Supreme Court.\u003c/p>\n\u003cp>Until then, Marin County Superior Court Judge Howard has said he’ll follow the appellate ruling in any order he issues on petitions from men at San Quentin.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11852162/hundreds-of-people-at-san-quentin-petition-for-release-as-covid-19-surges","authors":["6625"],"categories":["news_457","news_6188","news_8"],"tags":["news_1628","news_27350","news_27504","news_27626","news_23"],"featImg":"news_11852189","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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