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Gavin Newsom’s administration is fighting a federal judge’s order that all \u003ca href=\"https://www.kqed.org/news/11897498/court-blocks-covid-19-vaccine-mandate-for-california-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">California prison workers must be vaccinated\u003c/a> against the coronavirus or have a religious or medical exemption. The administration argues in part that frequent testing can help limit the virus’s spread.\u003c/p>\n\u003cp>But large percentages of employees who are required to be tested twice weekly aren’t doing so, “and most of those workers face no consequences,” attorneys said in a recent court filing, citing figures that officials now say are suspect.\u003c/p>\n\u003cp>The concern comes as new cases soar across California and state models predict a gradual increase in hospitalizations and intensive care admissions over the next month.\u003c/p>\n\u003cp>More than 5,100 people were hospitalized and more than 1,100 are in the ICU statewide, numbers expected to climb above 7,300 and 1,300 by the end of January.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Corrections officials temporarily shut off new admissions to the reception center at Wasco State Prison in the San Joaquin Valley, the site of California’s worst current prison outbreak with more than 150 new infections in the past two weeks.\u003c/p>\n\u003cp>They also are restricting movement for incarcerated people, programs and visitation at institutions with outbreaks.\u003c/p>\n\u003cp>And starting Monday, incarcerated people statewide must be fully vaccinated to have in-person or family visits, unless they have approved religious or medical exemptions.\u003c/p>\n\u003cp>The twice-weekly testing requirement applies to about 10,000 unvaccinated corrections employees, nearly a third of whom weren’t complying from mid-October through mid-November, according to the most recent data provided by corrections officials.\u003c/p>\n\u003cp>Yet the state’s figures show that fewer than 20 employees were disciplined during the same time frame, though corrections officials said those numbers are misleading, “partly because fully vaccinated staff who are not subject to the testing requirement may show as noncompliant with testing.”\u003c/p>\n\u003cp>The prisons had nearly 350 active coronavirus cases among those incarcerated Thursday, up from fewer than 190 just two days earlier, with nearly half the total at the Wasco prison. There were lesser outbreaks at prisons near Norco, Corcoran, San Diego, Folsom and Chino.\u003c/p>\n\u003cp>There were nearly 400 new infections among prison employees statewide.\u003c/p>\n\u003cp>Prison officials said they have not seen an increase in hospitalizations, which have remained between one and three over the past two months statewide.\u003c/p>\n\u003cp>“The prisons lag behind the communities,” said Steve Fama, an attorney with the nonprofit Prison Law Office, which represents incarcerated people. “The virus has to skip into the prisons, literally leap into — it’s got to get over the wall, and that just takes time.”\u003c/p>\n\u003cp>The cases are a fraction of the system’s nearly 100,000 incarcerated people and nothing like the outbreaks last year, including one that sickened 75% of the people incarcerated at San Quentin State Prison north of San Francisco, killing 28 of them and a correctional officer.[aside tag=\"san-quentin\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>Since the start of the pandemic, 245 incarcerated people and 49 corrections staff have died statewide.\u003c/p>\n\u003cp>Corrections officials said they “continue to enforce a mask mandate for all staff, and require unvaccinated workers to wear N95 masks and submit to twice-weekly testing — twice the frequency required” by the California Department of Public Health.\u003c/p>\n\u003cp>They also said in a statement they are “diligently resolving discrepancies in the staff COVID-19 vaccination and testing data” but can’t yet provide updated statistics.\u003c/p>\n\u003cp>A related review by corrections officials of staff at two prisons that house the sickest people reduced the percentage of those initially listed as not complying with health rules from more than 10% to just 2% at the California Medical Facility in Vacaville and from more than 8% to about 5% at the California Health Care Facility in Stockton.\u003c/p>\n\u003cp>Meanwhile, vaccinations are lagging among contractors at those prisons, the attorneys of people incarcerated say, despite a separate requirement that all employees there be inoculated. Again there are few consequences, according to court documents, because contractors “cannot be disciplined for failing to comply.”\u003c/p>\n\u003cp>Contractors are not state employees, but “are supposed to comply and they should not be working in the institution if they are not vaccinated,” Paul Mello, an attorney for the corrections department, said in response at a recent court hearing.\u003c/p>\n\u003cp>Contractors including medical providers make up about a quarter of employees at the Vacaville prison, but only 37% are vaccinated as required.\u003c/p>\n\u003cp>They make up nearly 1 in 5 employees at the prison in Stockton, with 61% vaccinated. That compares to about 80% of permanent employees vaccinated at the two prisons.\u003c/p>\n\u003cp>State Public Health Officer Dr. Tomás Aragón last week expanded on the vaccination order for all paid and unpaid individuals who are regularly assigned to provide health care to incarcerated people or work in prison medical settings or in local jails.\u003c/p>\n\u003cp>They were supposed to be vaccinated by mid-October, and his order now requires them to get booster shots by Feb. 1.\u003c/p>\n\u003cp>Citing the new omicron variant that he said may be two to four times as infectious as the delta variant, Aragón warned that “even a moderate surge in cases and hospitalizations could materially impact California’s health care delivery system within certain regions of the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The federal court-appointed receiver who controls medical care in California prisons said officials are working to get boosters in all eligible incarcerated people by year’s end. Of about 70,000 eligible people, nearly three-quarters had received one by mid-December.\u003c/p>\n\n","blocks":[],"excerpt":"With a new and more infectious coronavirus variant sweeping California, attorneys representing incarcerated people say violations of health orders by prison staff risk a repeat of the outbreaks that killed dozens in the first year of the pandemic.","status":"publish","parent":0,"modified":1641254734,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":987},"headData":{"title":"California Prisons Fight Virus Outbreaks Amid Staff Concerns | KQED","description":"With a new and more infectious coronavirus variant sweeping California, attorneys representing incarcerated people say violations of health orders by prison staff risk a repeat of the outbreaks that killed dozens in the first year of the pandemic.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Prisons Fight Virus Outbreaks Amid Staff Concerns","datePublished":"2021-12-31T19:00:18.000Z","dateModified":"2022-01-04T00:05:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11900595 https://ww2.kqed.org/news/?p=11900595","disqusUrl":"https://ww2.kqed.org/news/2021/12/31/california-prisons-fight-virus-outbreaks-amid-staff-concerns/","disqusTitle":"California Prisons Fight Virus Outbreaks Amid Staff Concerns","nprByline":"Don Thompson \u003cbr> Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11900595/california-prisons-fight-virus-outbreaks-amid-staff-concerns","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With a new and more infectious coronavirus variant sweeping California, attorneys representing incarcerated people say violations of health orders by prison staff risk a repeat of the outbreaks that killed dozens in the first year of the pandemic.\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration is fighting a federal judge’s order that all \u003ca href=\"https://www.kqed.org/news/11897498/court-blocks-covid-19-vaccine-mandate-for-california-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">California prison workers must be vaccinated\u003c/a> against the coronavirus or have a religious or medical exemption. The administration argues in part that frequent testing can help limit the virus’s spread.\u003c/p>\n\u003cp>But large percentages of employees who are required to be tested twice weekly aren’t doing so, “and most of those workers face no consequences,” attorneys said in a recent court filing, citing figures that officials now say are suspect.\u003c/p>\n\u003cp>The concern comes as new cases soar across California and state models predict a gradual increase in hospitalizations and intensive care admissions over the next month.\u003c/p>\n\u003cp>More than 5,100 people were hospitalized and more than 1,100 are in the ICU statewide, numbers expected to climb above 7,300 and 1,300 by the end of January.\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>Corrections officials temporarily shut off new admissions to the reception center at Wasco State Prison in the San Joaquin Valley, the site of California’s worst current prison outbreak with more than 150 new infections in the past two weeks.\u003c/p>\n\u003cp>They also are restricting movement for incarcerated people, programs and visitation at institutions with outbreaks.\u003c/p>\n\u003cp>And starting Monday, incarcerated people statewide must be fully vaccinated to have in-person or family visits, unless they have approved religious or medical exemptions.\u003c/p>\n\u003cp>The twice-weekly testing requirement applies to about 10,000 unvaccinated corrections employees, nearly a third of whom weren’t complying from mid-October through mid-November, according to the most recent data provided by corrections officials.\u003c/p>\n\u003cp>Yet the state’s figures show that fewer than 20 employees were disciplined during the same time frame, though corrections officials said those numbers are misleading, “partly because fully vaccinated staff who are not subject to the testing requirement may show as noncompliant with testing.”\u003c/p>\n\u003cp>The prisons had nearly 350 active coronavirus cases among those incarcerated Thursday, up from fewer than 190 just two days earlier, with nearly half the total at the Wasco prison. There were lesser outbreaks at prisons near Norco, Corcoran, San Diego, Folsom and Chino.\u003c/p>\n\u003cp>There were nearly 400 new infections among prison employees statewide.\u003c/p>\n\u003cp>Prison officials said they have not seen an increase in hospitalizations, which have remained between one and three over the past two months statewide.\u003c/p>\n\u003cp>“The prisons lag behind the communities,” said Steve Fama, an attorney with the nonprofit Prison Law Office, which represents incarcerated people. “The virus has to skip into the prisons, literally leap into — it’s got to get over the wall, and that just takes time.”\u003c/p>\n\u003cp>The cases are a fraction of the system’s nearly 100,000 incarcerated people and nothing like the outbreaks last year, including one that sickened 75% of the people incarcerated at San Quentin State Prison north of San Francisco, killing 28 of them and a correctional officer.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"san-quentin","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since the start of the pandemic, 245 incarcerated people and 49 corrections staff have died statewide.\u003c/p>\n\u003cp>Corrections officials said they “continue to enforce a mask mandate for all staff, and require unvaccinated workers to wear N95 masks and submit to twice-weekly testing — twice the frequency required” by the California Department of Public Health.\u003c/p>\n\u003cp>They also said in a statement they are “diligently resolving discrepancies in the staff COVID-19 vaccination and testing data” but can’t yet provide updated statistics.\u003c/p>\n\u003cp>A related review by corrections officials of staff at two prisons that house the sickest people reduced the percentage of those initially listed as not complying with health rules from more than 10% to just 2% at the California Medical Facility in Vacaville and from more than 8% to about 5% at the California Health Care Facility in Stockton.\u003c/p>\n\u003cp>Meanwhile, vaccinations are lagging among contractors at those prisons, the attorneys of people incarcerated say, despite a separate requirement that all employees there be inoculated. Again there are few consequences, according to court documents, because contractors “cannot be disciplined for failing to comply.”\u003c/p>\n\u003cp>Contractors are not state employees, but “are supposed to comply and they should not be working in the institution if they are not vaccinated,” Paul Mello, an attorney for the corrections department, said in response at a recent court hearing.\u003c/p>\n\u003cp>Contractors including medical providers make up about a quarter of employees at the Vacaville prison, but only 37% are vaccinated as required.\u003c/p>\n\u003cp>They make up nearly 1 in 5 employees at the prison in Stockton, with 61% vaccinated. That compares to about 80% of permanent employees vaccinated at the two prisons.\u003c/p>\n\u003cp>State Public Health Officer Dr. Tomás Aragón last week expanded on the vaccination order for all paid and unpaid individuals who are regularly assigned to provide health care to incarcerated people or work in prison medical settings or in local jails.\u003c/p>\n\u003cp>They were supposed to be vaccinated by mid-October, and his order now requires them to get booster shots by Feb. 1.\u003c/p>\n\u003cp>Citing the new omicron variant that he said may be two to four times as infectious as the delta variant, Aragón warned that “even a moderate surge in cases and hospitalizations could materially impact California’s health care delivery system within certain regions of the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The federal court-appointed receiver who controls medical care in California prisons said officials are working to get boosters in all eligible incarcerated people by year’s end. Of about 70,000 eligible people, nearly three-quarters had received one by mid-December.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11900595/california-prisons-fight-virus-outbreaks-amid-staff-concerns","authors":["byline_news_11900595"],"categories":["news_457","news_6188","news_8"],"tags":["news_29362","news_27504","news_30455","news_2687","news_30305","news_21800","news_3930","news_486","news_23"],"featImg":"news_11892562","label":"news"},"news_11836017":{"type":"posts","id":"news_11836017","meta":{"index":"posts_1591205157","site":"news","id":"11836017","score":null,"sort":[1598800296000]},"guestAuthors":[],"slug":"prison-chief-retires-amid-virus-protests","title":"California Prison Chief Retires Amid Virus, Protests","publishDate":1598800296,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Ralph Diaz, corrections secretary for the state, is retiring after two years in a job that Gov. Gavin Newsom on Friday said involved “unparalleled challenges” — most recently coronavirus outbreaks that swept through state prisons and led to calls for new leadership amid increasing social pressure to ease mass incarceration.\u003c/p>\n\u003cp>Diaz will retire Oct. 1 after 30 years with the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>Newsom named department veteran Kathleen Allison to replace Diaz, also effective Oct. 1.\u003c/p>\n\u003cp>The governor praised Diaz for overseeing “incredible transformation as well as unparalleled challenges” and said he had “truly met the moment.”\u003c/p>\n\u003cp>https://twitter.com/ellabakercenter/status/1277386110130368513\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some lawmakers and advocates have been far more critical, particularly after a botched transfer of inmates from a Southern California prison spread the coronavirus throughout San Quentin State Prison. Twenty-six inmates and a correctional sergeant have since died there, and more than 2,200 inmates and 276 staff were infected at the peak of the outbreak.\u003c/p>\n\u003cp>Assemblyman Marc Levine, D-Marin County, on Friday called the outbreak at state prisons “a preventable public health disaster and a failure of the department’s leadership at the highest level,” leading to the deaths of 57 inmates and nine employees statewide.\u003c/p>\n\u003cp>https://twitter.com/AsmMarcLevine/status/1281365583599218690\u003c/p>\n\u003cp>“These infections and deaths are inexcusable,” he said, calling for “new leadership” and expressing the hope that Allison’s background in health care “will help her prioritize the public health needs of CDCR staff and incarcerated persons across California.”\u003c/p>\n\u003cp>State Sen. Mike McGuire, D-Santa Rosa, last month also called the outbreak “a failure of leadership” but did not comment Friday.\u003c/p>\n\u003cp>Protesters calling for widespread inmate releases to help slow the spread of the coronavirus have recently held vigils outside the homes of both Diaz and Newsom.\u003c/p>\n\u003cp>Newsom’s announcement said Diaz had “worked tirelessly” to ease prison virus outbreaks, noting the number of infections is now at its lowest level since late May.\u003c/p>\n\u003cp>The state has sped the releases of more than 9,000 inmates who were nearing the end of their sentences as one response to the pandemic. It also halted admissions from county jails, with the combination lowering the prison population to levels not seen in 30 years.\u003c/p>\n\u003cp>That and other steps to significantly reduce and shorten prison sentences have led to criticism from law enforcement officials that the state is endangering public safety, and criticism from reform groups that it isn’t going far enough.\u003c/p>\n\u003cp>For his part, Diaz cited the department’s “transformative focus on rehabilitation” that he said “will continue to result in safer prisons, healthier communities and lower recidivism.” [aside label=\"more san quentin coverage\" tag=\"san-quentin\"]\u003c/p>\n\u003cp>Allison, 55, of Sacramento, will be the third woman to lead the department, but the first to be designated “secretary” instead of “director.”\u003c/p>\n\u003cp>Ruth Rushen was director in 1980-1982 and Jeanne Woodford in 2004-2005, before what was then the Department of Corrections and the Youth and Adult Correctional Agency were reorganized into the current agency.\u003c/p>\n\u003cp>Allison started with the department in 1987 as a medical technician assistant, rising to warden, director of adult prisons and undersecretary of operations. Her new position pays $279,216 and requires Senate confirmation.\u003c/p>\n\u003cp>Newsom said he is confident that Allison will continue to focus on “rehabilitative opportunities for individuals both inside and outside of prison, and continuing the path for restorative justice.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jeff Macomber, 50, of Sacramento, who started as a correctional officer in 1992, will become undersecretary for operations on Oct. 1. That job pays $208,872 and also requires Senate confirmation.\u003c/p>\n\n","blocks":[],"excerpt":"Ralph Diaz, corrections secretary for the state is retiring after two years in the job. His retirement comes after criticism for his handling of the coronavirus outbreaks that swept state prisons and increasing social pressure to ease mass incarceration.","status":"publish","parent":0,"modified":1598910516,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":631},"headData":{"title":"California Prison Chief Retires Amid Virus, Protests | KQED","description":"Ralph Diaz, corrections secretary for the state is retiring after two years in the job. His retirement comes after criticism for his handling of the coronavirus outbreaks that swept state prisons and increasing social pressure to ease mass incarceration.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Prison Chief Retires Amid Virus, Protests","datePublished":"2020-08-30T15:11:36.000Z","dateModified":"2020-08-31T21:48:36.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11836017 https://ww2.kqed.org/news/?p=11836017","disqusUrl":"https://ww2.kqed.org/news/2020/08/30/prison-chief-retires-amid-virus-protests/","disqusTitle":"California Prison Chief Retires Amid Virus, Protests","source":"News","sourceUrl":"https://www.kqed.org/","nprByline":"Don Thompson \u003cbr> Associated Press","path":"/news/11836017/prison-chief-retires-amid-virus-protests","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ralph Diaz, corrections secretary for the state, is retiring after two years in a job that Gov. Gavin Newsom on Friday said involved “unparalleled challenges” — most recently coronavirus outbreaks that swept through state prisons and led to calls for new leadership amid increasing social pressure to ease mass incarceration.\u003c/p>\n\u003cp>Diaz will retire Oct. 1 after 30 years with the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>Newsom named department veteran Kathleen Allison to replace Diaz, also effective Oct. 1.\u003c/p>\n\u003cp>The governor praised Diaz for overseeing “incredible transformation as well as unparalleled challenges” and said he had “truly met the moment.”\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1277386110130368513"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\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>Some lawmakers and advocates have been far more critical, particularly after a botched transfer of inmates from a Southern California prison spread the coronavirus throughout San Quentin State Prison. Twenty-six inmates and a correctional sergeant have since died there, and more than 2,200 inmates and 276 staff were infected at the peak of the outbreak.\u003c/p>\n\u003cp>Assemblyman Marc Levine, D-Marin County, on Friday called the outbreak at state prisons “a preventable public health disaster and a failure of the department’s leadership at the highest level,” leading to the deaths of 57 inmates and nine employees statewide.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1281365583599218690"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“These infections and deaths are inexcusable,” he said, calling for “new leadership” and expressing the hope that Allison’s background in health care “will help her prioritize the public health needs of CDCR staff and incarcerated persons across California.”\u003c/p>\n\u003cp>State Sen. Mike McGuire, D-Santa Rosa, last month also called the outbreak “a failure of leadership” but did not comment Friday.\u003c/p>\n\u003cp>Protesters calling for widespread inmate releases to help slow the spread of the coronavirus have recently held vigils outside the homes of both Diaz and Newsom.\u003c/p>\n\u003cp>Newsom’s announcement said Diaz had “worked tirelessly” to ease prison virus outbreaks, noting the number of infections is now at its lowest level since late May.\u003c/p>\n\u003cp>The state has sped the releases of more than 9,000 inmates who were nearing the end of their sentences as one response to the pandemic. It also halted admissions from county jails, with the combination lowering the prison population to levels not seen in 30 years.\u003c/p>\n\u003cp>That and other steps to significantly reduce and shorten prison sentences have led to criticism from law enforcement officials that the state is endangering public safety, and criticism from reform groups that it isn’t going far enough.\u003c/p>\n\u003cp>For his part, Diaz cited the department’s “transformative focus on rehabilitation” that he said “will continue to result in safer prisons, healthier communities and lower recidivism.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more san quentin coverage ","tag":"san-quentin"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Allison, 55, of Sacramento, will be the third woman to lead the department, but the first to be designated “secretary” instead of “director.”\u003c/p>\n\u003cp>Ruth Rushen was director in 1980-1982 and Jeanne Woodford in 2004-2005, before what was then the Department of Corrections and the Youth and Adult Correctional Agency were reorganized into the current agency.\u003c/p>\n\u003cp>Allison started with the department in 1987 as a medical technician assistant, rising to warden, director of adult prisons and undersecretary of operations. Her new position pays $279,216 and requires Senate confirmation.\u003c/p>\n\u003cp>Newsom said he is confident that Allison will continue to focus on “rehabilitative opportunities for individuals both inside and outside of prison, and continuing the path for restorative justice.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jeff Macomber, 50, of Sacramento, who started as a correctional officer in 1992, will become undersecretary for operations on Oct. 1. That job pays $208,872 and also requires Senate confirmation.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11836017/prison-chief-retires-amid-virus-protests","authors":["byline_news_11836017"],"categories":["news_8"],"tags":["news_18538","news_1629","news_27350","news_27504","news_2687","news_17827","news_3930","news_28475","news_486","news_23"],"featImg":"news_11836023","label":"source_news_11836017"},"news_11835611":{"type":"posts","id":"news_11835611","meta":{"index":"posts_1591205157","site":"news","id":"11835611","score":null,"sort":[1598619647000]},"guestAuthors":[],"slug":"ice-detainees-at-yuba-jail-press-for-covid-19-protections","title":"ICE Detainees at Yuba Jail Press for COVID-19 Protections","publishDate":1598619647,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Dozens of people held by U.S. Immigration and Customs Enforcement at the Yuba County Jail, north of Sacramento, say they are trying to pressure ICE and jail officials to take steps to prevent a COVID-19 outbreak.\u003c/p>\n\u003cp>About 20 ICE detainees at the facility in Marysville came off a six-day hunger strike this week that was meant to call attention to conditions the men say make them vulnerable to the coronavirus.\u003c/p>\n\u003cp>COVID-19 has so far not been diagnosed in ICE detainees at the Yuba jail. But the virus has swept through two privately run immigration detention centers in California. More than 220 people held at the Otay Mesa facility in San Diego and the Mesa Verde facility in Bakersfield were infected, including dozens who were hospitalized and one man who died from the disease.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Kelly Wells, attorney with the San Francisco Public Defender’s Office']'Conditions are awful under normal circumstances, and now they're outrageously abysmal and dangerous for people.'[/pullquote]\u003c/p>\n\u003cp>On Thursday, one person continued his hunger strike, refusing food for a fifth day, according to the Yuba County Sheriff’s Office, which oversees the jail. That man is Juan Jose Erazo Herrera, 20, an asylum seeker from El Salvador, said Kelly Wells, an attorney with the San Francisco Public Defender’s Office, who represents him.\u003c/p>\n\u003cp>“Conditions are awful under normal circumstances, and now they're outrageously abysmal and dangerous for people,” Wells said. “Nobody should be in this facility, much less people who are just awaiting immigration proceedings.”\u003c/p>\n\u003cp>The Yuba jail began detaining immigrants for the federal government in 1994. The contract generated close to \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">$6 million a year\u003c/a> in 2017, funds which support the operations of the Sheriff’s Department.\u003c/p>\n\u003cp>Immigrants detained at the jail, some of whom said they participated in another hunger strike last month, want ICE and jail officials to regularly test staff members, who go in and out of the facility, for COVID-19.\u003c/p>\n\u003cp>[aside tag=\"immigration,jail\" label=\"more coverage\"]\u003c/p>\n\u003cp>They are also requesting a halt to new admissions from other county jails, people who are sometimes housed with ICE detainees.\u003c/p>\n\u003cp>“We are all scared. Every day we wake up scared thinking that, if one of us gets it, we are all going to get it,” said Eduardo Melendez, 23, who is being held by ICE at the Yuba County Jail. “We might not be able to see our families again.”\u003c/p>\n\u003cp>At least three staffers at the facility have tested positive for the coronavirus since July, according to court disclosures by ICE officials, said Wells.\u003c/p>\n\u003cp>A spokeswoman for the Yuba County Sheriff’s Office said she couldn’t confirm whether any employees had been confirmed with COVID-19 because it was a confidential personnel matter.\u003c/p>\n\u003cp>“The Sheriff’s Department has taken a very proactive approach to mitigation efforts in our Jail related to the pandemic,” said Leslie Carbah, a public information officer with the Sheriff's Office, in a statement. “To date we have not had any County inmates or ICE detainees test positive.”\u003c/p>\n\u003cp>For most of the pandemic, the Yuba jail continued to receive inmates from state prisons with COVID-19 outbreaks, including two transfers in July from Solano and Pleasant Valley.\u003c/p>\n\u003cp>But the jail has not accepted any prison transfers this month, and has only taken inmates from other county jails when legally required, Carbah said.\u003c/p>\n\u003cp>“It is important to know that all new intakes, whether county inmates or detainees, must go through a 14 day quarantine before being housed with the general population,” she said.\u003c/p>\n\u003cp>The Yuba jail has medical care on-site around the clock, and implements a “thorough daily sanitation and cleaning protocol based on Centers for Disease Control and Prevention guidelines,” she added.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Eduardo Melendez']'We are all scared. Every day we wake up scared thinking that, if one of us gets it, we are all going to get it'[/pullquote]\u003c/p>\n\u003cp>Yet several immigration detainees told KQED the jail is often filthy, and it can take more than a week to see a nurse or doctor when sick, a complaint \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">echoed by hunger strikers at Yuba in 2019\u003c/a>.\u003c/p>\n\u003cp>Joe Mejia Rosas, 41, was held by ICE at the facility for nearly a year. He said the jail is not prepared to adequately handle a potentially deadly outbreak of the coronavirus.\u003c/p>\n\u003cp>“It’s true, they have medical care there 24-7. But that doesn't mean we have access to it 24-7,” Mejia Rosas said, who was released in July. “If you are lucky, you’ll get to see a nurse within seven days ... If there's an outbreak, by the time they see the doctor, he's already infected the rest of the pod for seven days.”\u003c/p>\n\u003cp>Mejia Rosas was one of about 50 ICE detainees who a federal judge ordered freed on bail or parole from the Yuba County Jail during the pandemic. The orders, by U.S. District Judge Vince Chhabria, came after immigrants held there and at the Mesa Verde detention center \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">sued\u003c/a> to force ICE to make changes to allow for social distancing at the facilities.\u003c/p>\n\u003cp>Earlier this month, Chhabria ordered ICE and the GEO Group, the prison company that owns Mesa Verde, to regularly test all detainees and employees there for COVID-19. Within weeks, the number of detainees who tested positive grew from nine to 59. At least 28 staffers have also been diagnosed, according to plaintiffs' lawyers in the case.\u003c/p>\n\u003cp>On Wednesday, the California Legislature approved a bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3228\">Assembly Bill 3228\u003c/a>, that would make it easier for individuals to sue for-profit prison companies for breaching required standards of care. The legislation is headed to Gov. Gavin Newsom’s desk. [ad fullwidth]\u003c/p>\n\u003cp>Nationwide, nearly 5,000 people in ICE custody have tested positive for the coronavirus, \u003ca href=\"https://www.ice.gov/coronavirus\">according to the agency\u003c/a>. An additional 45 employees at detention facilities have also been infected, but that tally does not include staffers at privately run centers.\u003c/p>\n\u003cp>Just over 21,000 people are currently jailed by ICE across the country, a substantial decline from late March, when about \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\">38,000 immigrants were in custody\u003c/a>, pending deportation proceedings.\u003c/p>\n\u003cp>At a Yuba County Board of Supervisors meeting Tuesday, advocates pleaded with the supervisors to protect the health of people held at the jail and to end the county’s contract with ICE to lock up immigrants.\u003c/p>\n\u003cp>The Yuba jail is the last public facility in the state to hold such an arrangement.\u003c/p>\n\u003cp>“Once we all collectively come out of this pandemic, you are going to have to ask yourselves whether you took actions to help save lives,” Juan Prieto, with the California Immigrant Youth Justice Alliance, told the supervisors. “Listen to the hunger strikers. Their demands are for protecting their lives.”\u003c/p>\n\u003cp>Yuba County Supervisor Gary Bradford, board vice chair, told KQED “no comment” when asked to respond.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"'Every day we wake up scared thinking that, if one of us gets it, we are all going to get it,' said Eduardo Melendez, who is being held by ICE at Yuba County Jail.","status":"publish","parent":0,"modified":1598640564,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1187},"headData":{"title":"ICE Detainees at Yuba Jail Press for COVID-19 Protections | KQED","description":"'Every day we wake up scared thinking that, if one of us gets it, we are all going to get it,' said Eduardo Melendez, who is being held by ICE at Yuba County Jail.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"ICE Detainees at Yuba Jail Press for COVID-19 Protections","datePublished":"2020-08-28T13:00:47.000Z","dateModified":"2020-08-28T18:49:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11835611 https://ww2.kqed.org/news/?p=11835611","disqusUrl":"https://ww2.kqed.org/news/2020/08/28/ice-detainees-at-yuba-jail-press-for-covid-19-protections/","disqusTitle":"ICE Detainees at Yuba Jail Press for COVID-19 Protections","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/94977a57-5aba-42d9-9ece-ac23010b2bb7/audio.mp3","path":"/news/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Dozens of people held by U.S. Immigration and Customs Enforcement at the Yuba County Jail, north of Sacramento, say they are trying to pressure ICE and jail officials to take steps to prevent a COVID-19 outbreak.\u003c/p>\n\u003cp>About 20 ICE detainees at the facility in Marysville came off a six-day hunger strike this week that was meant to call attention to conditions the men say make them vulnerable to the coronavirus.\u003c/p>\n\u003cp>COVID-19 has so far not been diagnosed in ICE detainees at the Yuba jail. But the virus has swept through two privately run immigration detention centers in California. More than 220 people held at the Otay Mesa facility in San Diego and the Mesa Verde facility in Bakersfield were infected, including dozens who were hospitalized and one man who died from the disease.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Conditions are awful under normal circumstances, and now they're outrageously abysmal and dangerous for people.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Kelly Wells, attorney with the San Francisco Public Defender’s Office","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Thursday, one person continued his hunger strike, refusing food for a fifth day, according to the Yuba County Sheriff’s Office, which oversees the jail. That man is Juan Jose Erazo Herrera, 20, an asylum seeker from El Salvador, said Kelly Wells, an attorney with the San Francisco Public Defender’s Office, who represents him.\u003c/p>\n\u003cp>“Conditions are awful under normal circumstances, and now they're outrageously abysmal and dangerous for people,” Wells said. “Nobody should be in this facility, much less people who are just awaiting immigration proceedings.”\u003c/p>\n\u003cp>The Yuba jail began detaining immigrants for the federal government in 1994. The contract generated close to \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">$6 million a year\u003c/a> in 2017, funds which support the operations of the Sheriff’s Department.\u003c/p>\n\u003cp>Immigrants detained at the jail, some of whom said they participated in another hunger strike last month, want ICE and jail officials to regularly test staff members, who go in and out of the facility, for COVID-19.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"immigration,jail","label":"more coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They are also requesting a halt to new admissions from other county jails, people who are sometimes housed with ICE detainees.\u003c/p>\n\u003cp>“We are all scared. Every day we wake up scared thinking that, if one of us gets it, we are all going to get it,” said Eduardo Melendez, 23, who is being held by ICE at the Yuba County Jail. “We might not be able to see our families again.”\u003c/p>\n\u003cp>At least three staffers at the facility have tested positive for the coronavirus since July, according to court disclosures by ICE officials, said Wells.\u003c/p>\n\u003cp>A spokeswoman for the Yuba County Sheriff’s Office said she couldn’t confirm whether any employees had been confirmed with COVID-19 because it was a confidential personnel matter.\u003c/p>\n\u003cp>“The Sheriff’s Department has taken a very proactive approach to mitigation efforts in our Jail related to the pandemic,” said Leslie Carbah, a public information officer with the Sheriff's Office, in a statement. “To date we have not had any County inmates or ICE detainees test positive.”\u003c/p>\n\u003cp>For most of the pandemic, the Yuba jail continued to receive inmates from state prisons with COVID-19 outbreaks, including two transfers in July from Solano and Pleasant Valley.\u003c/p>\n\u003cp>But the jail has not accepted any prison transfers this month, and has only taken inmates from other county jails when legally required, Carbah said.\u003c/p>\n\u003cp>“It is important to know that all new intakes, whether county inmates or detainees, must go through a 14 day quarantine before being housed with the general population,” she said.\u003c/p>\n\u003cp>The Yuba jail has medical care on-site around the clock, and implements a “thorough daily sanitation and cleaning protocol based on Centers for Disease Control and Prevention guidelines,” she added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are all scared. Every day we wake up scared thinking that, if one of us gets it, we are all going to get it'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Eduardo Melendez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Yet several immigration detainees told KQED the jail is often filthy, and it can take more than a week to see a nurse or doctor when sick, a complaint \u003ca href=\"https://www.kqed.org/news/11597341/these-immigrants-and-their-county-jailer-need-each-other-to-survive-will-they-make-it\">echoed by hunger strikers at Yuba in 2019\u003c/a>.\u003c/p>\n\u003cp>Joe Mejia Rosas, 41, was held by ICE at the facility for nearly a year. He said the jail is not prepared to adequately handle a potentially deadly outbreak of the coronavirus.\u003c/p>\n\u003cp>“It’s true, they have medical care there 24-7. But that doesn't mean we have access to it 24-7,” Mejia Rosas said, who was released in July. “If you are lucky, you’ll get to see a nurse within seven days ... If there's an outbreak, by the time they see the doctor, he's already infected the rest of the pod for seven days.”\u003c/p>\n\u003cp>Mejia Rosas was one of about 50 ICE detainees who a federal judge ordered freed on bail or parole from the Yuba County Jail during the pandemic. The orders, by U.S. District Judge Vince Chhabria, came after immigrants held there and at the Mesa Verde detention center \u003ca href=\"https://www.kqed.org/news/11813475/sf-public-defender-sues-for-release-of-ice-detainees-to-reduce-crowding\">sued\u003c/a> to force ICE to make changes to allow for social distancing at the facilities.\u003c/p>\n\u003cp>Earlier this month, Chhabria ordered ICE and the GEO Group, the prison company that owns Mesa Verde, to regularly test all detainees and employees there for COVID-19. Within weeks, the number of detainees who tested positive grew from nine to 59. At least 28 staffers have also been diagnosed, according to plaintiffs' lawyers in the case.\u003c/p>\n\u003cp>On Wednesday, the California Legislature approved a bill, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB3228\">Assembly Bill 3228\u003c/a>, that would make it easier for individuals to sue for-profit prison companies for breaching required standards of care. The legislation is headed to Gov. Gavin Newsom’s desk. \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>Nationwide, nearly 5,000 people in ICE custody have tested positive for the coronavirus, \u003ca href=\"https://www.ice.gov/coronavirus\">according to the agency\u003c/a>. An additional 45 employees at detention facilities have also been infected, but that tally does not include staffers at privately run centers.\u003c/p>\n\u003cp>Just over 21,000 people are currently jailed by ICE across the country, a substantial decline from late March, when about \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\">38,000 immigrants were in custody\u003c/a>, pending deportation proceedings.\u003c/p>\n\u003cp>At a Yuba County Board of Supervisors meeting Tuesday, advocates pleaded with the supervisors to protect the health of people held at the jail and to end the county’s contract with ICE to lock up immigrants.\u003c/p>\n\u003cp>The Yuba jail is the last public facility in the state to hold such an arrangement.\u003c/p>\n\u003cp>“Once we all collectively come out of this pandemic, you are going to have to ask yourselves whether you took actions to help save lives,” Juan Prieto, with the California Immigrant Youth Justice Alliance, told the supervisors. “Listen to the hunger strikers. Their demands are for protecting their lives.”\u003c/p>\n\u003cp>Yuba County Supervisor Gary Bradford, board vice chair, told KQED “no comment” when asked to respond.\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/11835611/ice-detainees-at-yuba-jail-press-for-covid-19-protections","authors":["8659"],"programs":["news_72"],"categories":["news_1169","news_8"],"tags":["news_27350","news_27504","news_1925","news_21027","news_20202","news_20857","news_20584","news_2687","news_25025"],"featImg":"news_11835668","label":"news_72"},"news_11832085":{"type":"posts","id":"news_11832085","meta":{"index":"posts_1591205157","site":"news","id":"11832085","score":null,"sort":[1596916507000]},"guestAuthors":[],"slug":"justice-should-be-blind-an-ethicists-case-for-decarceration","title":"'Justice Should Be Blind': An Ethicist's Case for Decarceration","publishDate":1596916507,"format":"audio","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>As COVID-19 cases continue to rise inside \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\">state and federal prisons\u003c/a> across the United States, increasing attention is being drawn to the conditions inside those facilities.\u003c/p>\n\u003cp>Nationwide, there have been at least \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">765 deaths\u003c/a> from coronavirus-related causes, while the rate of COVID-19 infections is \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">five times higher\u003c/a> inside lockups compared to the general population, according to research by Johns Hopkins University and the \u003ca href=\"https://law.ucla.edu/academics/centers/criminal-justice-program/ucla-covid-19-behind-bars-data-project\" target=\"_blank\" rel=\"noopener noreferrer\">UCLA Law COVID-19 Behind Bars Data Project\u003c/a> published in the \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">Journal of American Medical Association\u003c/a>.\u003c/p>\n\u003cp>Several lawsuits are alleging delayed and inadequate health care and are seeking to hold both state and federal prison systems accountable around the country, including lawsuits in \u003ca href=\"https://ctmirror.org/2020/04/21/aclu-class-action-federal-lawsuit-lower-prison-population-ct-coronavirus/\" target=\"_blank\" rel=\"noopener noreferrer\">Connecticut\u003c/a>, \u003ca href=\"https://www.aclu.org/press-releases/aclu-sues-oakdale-federal-prison-release-those-most-risk-covid-19\" target=\"_blank\" rel=\"noopener noreferrer\">Louisiana\u003c/a> and here in the \u003ca href=\"https://www.kqed.org/coronavirusliveupdates/news/11831939/the-california-department-of-corrections-and-rehabilitation-rejects-petition-for-release\" target=\"_blank\" rel=\"noopener noreferrer\">Bay Area\u003c/a>.\u003c/p>\n\u003cp>The pandemic is also raising broader questions surrounding medical ethics, such as \u003ca href=\"https://www.kqed.org/news/11808531/what-happens-when-the-ventilators-run-out\" target=\"_blank\" rel=\"noopener noreferrer\">what happens when ventilators run out \u003c/a>and is it ethical to keep incarcerated people confined in conditions known to increase the spread of the virus?\u003c/p>\n\u003cp>In California state prisons, where at least \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">8,600\u003c/a> prisoners have been infected and at least 52 have died, lawmakers and advocates have been calling for the release of more prisoners to help draw down the population inside and reduce the risk of spreading COVID-19.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED’s Brian Watt spoke with Dr. Charles Binkley, the director of bioethics at the Markkula Center for Applied Ethics at Santa Clara University to dig into solutions to the pandemic inside prisons.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for clarity and brevity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Brian Watt: As a bioethicist, what does California's handling of the crisis in the prisons tell you? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Dr. Charles Binkley:\u003c/strong> The jury is a little bit out on that, and I think that it is going to be a critical and crucial issue that Californians are going to face. But we have to find longer-term solutions around criminal justice reform, and that has to take into account emerging communicable diseases and our ability to control them.\u003c/p>\n\u003cp>In bioethics, we think about the one standard of care for all, regardless of who comes in or what they've done. [pullquote size=\"medium\" align=\"right\" citation=\"Dr. Charles Binkley, Markkula Center for Applied Ethics, Santa Clara University\"]'In bioethics, we think about the one standard of care for all, regardless of who comes in or what they've done.'[/pullquote]\u003c/p>\n\u003cp>We treat everybody the same and we're really blind, just like justice should be blind. We as providers are blind so we treat everyone with the same high quality standard of care. And that's just not happening. And this is unmasking that.\u003c/p>\n\u003cp>\u003cstrong>Morally and ethically, what responsibilities does the government have in caring for incarcerated people?\u003c/strong>\u003c/p>\n\u003cp>I think that they have the same responsibility that we all do.\u003c/p>\n\u003cp>We know that prisons are already overcrowded. We know that it's an older, sicker population and we know there's less access to high-quality care. And so I think what has to happen, first of all, is you have to be able to translate those basic public health priorities.\u003c/p>\n\u003cp>I think you start by decarcerating. You look at who are the people that can be released early and focus on vulnerable populations within that group — so that you reduce prison crowding.\u003c/p>\n\u003cp>\u003cstrong>How do you also think about the ethics of releasing inmates and whether that is really going to make formerly incarcerated people safer when they go out into the world?\u003c/strong>\u003c/p>\n\u003cp>I think about it just purely from a public health perspective, so we know that the boundaries between the prison and the surrounding communities is porous to begin with. And so you really need to make sure that there's been proper testing and isolation of incarcerated people before you release them out into society or out into the community. The same thing is true with staff of the prison. The community is itself at risk — if there's an uncontrolled infection within the prison itself.\u003c/p>\n\u003cp>\u003cstrong>Does the fact that our prisons are overcrowded and that health care standards inside prisons are different from the outside say something about our society? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think that it says something very important. It says that we've neglected this idea of justice — we've neglected the idea that everyone should have equal access to the highest possible quality of medical care. It's particularly problematic when you think about our status as a nation and our relative wealth as a nation.\u003c/p>\n\u003cp>\u003cstrong>What is the federal government doing during this moment, and what is it saying to you as a bioethicist?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It does seem a bit perverse for the federal government to resume executions in the middle of a pandemic while other systems throughout the world are looking at decarcerating inmates, looking at reexamination of some of their criminal justice structures in the middle of the pandemic. Our federal government is executing people and making its citizens witness to those executions while there's so many of us that are fearful of the virus. And also so many people who are out of work. So many people who are suffering otherwise and dying unnecessarily in the midst of the pandemic.\u003c/p>\n\n","blocks":[],"excerpt":"Ethicist Charles Binkley says the COVID-19 pandemic is unmasking the inequities of health care in prisons.","status":"publish","parent":0,"modified":1597082911,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":858},"headData":{"title":"'Justice Should Be Blind': An Ethicist's Case for Decarceration | KQED","description":"Ethicist Charles Binkley says the COVID-19 pandemic is unmasking the inequities of health care in prisons.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Justice Should Be Blind': An Ethicist's Case for Decarceration","datePublished":"2020-08-08T19:55:07.000Z","dateModified":"2020-08-10T18:08:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11832085 https://ww2.kqed.org/news/?p=11832085","disqusUrl":"https://ww2.kqed.org/news/2020/08/08/justice-should-be-blind-an-ethicists-case-for-decarceration/","disqusTitle":"'Justice Should Be Blind': An Ethicist's Case for Decarceration","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/6df4e98e-bf3d-4728-afb2-ac0e0126f70c/audio.mp3","path":"/news/11832085/justice-should-be-blind-an-ethicists-case-for-decarceration","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As COVID-19 cases continue to rise inside \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\">state and federal prisons\u003c/a> across the United States, increasing attention is being drawn to the conditions inside those facilities.\u003c/p>\n\u003cp>Nationwide, there have been at least \u003ca href=\"https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons\" target=\"_blank\" rel=\"noopener noreferrer\">765 deaths\u003c/a> from coronavirus-related causes, while the rate of COVID-19 infections is \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">five times higher\u003c/a> inside lockups compared to the general population, according to research by Johns Hopkins University and the \u003ca href=\"https://law.ucla.edu/academics/centers/criminal-justice-program/ucla-covid-19-behind-bars-data-project\" target=\"_blank\" rel=\"noopener noreferrer\">UCLA Law COVID-19 Behind Bars Data Project\u003c/a> published in the \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">Journal of American Medical Association\u003c/a>.\u003c/p>\n\u003cp>Several lawsuits are alleging delayed and inadequate health care and are seeking to hold both state and federal prison systems accountable around the country, including lawsuits in \u003ca href=\"https://ctmirror.org/2020/04/21/aclu-class-action-federal-lawsuit-lower-prison-population-ct-coronavirus/\" target=\"_blank\" rel=\"noopener noreferrer\">Connecticut\u003c/a>, \u003ca href=\"https://www.aclu.org/press-releases/aclu-sues-oakdale-federal-prison-release-those-most-risk-covid-19\" target=\"_blank\" rel=\"noopener noreferrer\">Louisiana\u003c/a> and here in the \u003ca href=\"https://www.kqed.org/coronavirusliveupdates/news/11831939/the-california-department-of-corrections-and-rehabilitation-rejects-petition-for-release\" target=\"_blank\" rel=\"noopener noreferrer\">Bay Area\u003c/a>.\u003c/p>\n\u003cp>The pandemic is also raising broader questions surrounding medical ethics, such as \u003ca href=\"https://www.kqed.org/news/11808531/what-happens-when-the-ventilators-run-out\" target=\"_blank\" rel=\"noopener noreferrer\">what happens when ventilators run out \u003c/a>and is it ethical to keep incarcerated people confined in conditions known to increase the spread of the virus?\u003c/p>\n\u003cp>In California state prisons, where at least \u003ca href=\"https://www.cdcr.ca.gov/covid19/population-status-tracking/\">8,600\u003c/a> prisoners have been infected and at least 52 have died, lawmakers and advocates have been calling for the release of more prisoners to help draw down the population inside and reduce the risk of spreading COVID-19.\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>KQED’s Brian Watt spoke with Dr. Charles Binkley, the director of bioethics at the Markkula Center for Applied Ethics at Santa Clara University to dig into solutions to the pandemic inside prisons.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for clarity and brevity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>Brian Watt: As a bioethicist, what does California's handling of the crisis in the prisons tell you? \u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Dr. Charles Binkley:\u003c/strong> The jury is a little bit out on that, and I think that it is going to be a critical and crucial issue that Californians are going to face. But we have to find longer-term solutions around criminal justice reform, and that has to take into account emerging communicable diseases and our ability to control them.\u003c/p>\n\u003cp>In bioethics, we think about the one standard of care for all, regardless of who comes in or what they've done. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'In bioethics, we think about the one standard of care for all, regardless of who comes in or what they've done.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dr. Charles Binkley, Markkula Center for Applied Ethics, Santa Clara University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>We treat everybody the same and we're really blind, just like justice should be blind. We as providers are blind so we treat everyone with the same high quality standard of care. And that's just not happening. And this is unmasking that.\u003c/p>\n\u003cp>\u003cstrong>Morally and ethically, what responsibilities does the government have in caring for incarcerated people?\u003c/strong>\u003c/p>\n\u003cp>I think that they have the same responsibility that we all do.\u003c/p>\n\u003cp>We know that prisons are already overcrowded. We know that it's an older, sicker population and we know there's less access to high-quality care. And so I think what has to happen, first of all, is you have to be able to translate those basic public health priorities.\u003c/p>\n\u003cp>I think you start by decarcerating. You look at who are the people that can be released early and focus on vulnerable populations within that group — so that you reduce prison crowding.\u003c/p>\n\u003cp>\u003cstrong>How do you also think about the ethics of releasing inmates and whether that is really going to make formerly incarcerated people safer when they go out into the world?\u003c/strong>\u003c/p>\n\u003cp>I think about it just purely from a public health perspective, so we know that the boundaries between the prison and the surrounding communities is porous to begin with. And so you really need to make sure that there's been proper testing and isolation of incarcerated people before you release them out into society or out into the community. The same thing is true with staff of the prison. The community is itself at risk — if there's an uncontrolled infection within the prison itself.\u003c/p>\n\u003cp>\u003cstrong>Does the fact that our prisons are overcrowded and that health care standards inside prisons are different from the outside say something about our society? \u003c/strong>\u003c/p>\n\u003cp>Absolutely, I think that it says something very important. It says that we've neglected this idea of justice — we've neglected the idea that everyone should have equal access to the highest possible quality of medical care. It's particularly problematic when you think about our status as a nation and our relative wealth as a nation.\u003c/p>\n\u003cp>\u003cstrong>What is the federal government doing during this moment, and what is it saying to you as a bioethicist?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>It does seem a bit perverse for the federal government to resume executions in the middle of a pandemic while other systems throughout the world are looking at decarcerating inmates, looking at reexamination of some of their criminal justice structures in the middle of the pandemic. Our federal government is executing people and making its citizens witness to those executions while there's so many of us that are fearful of the virus. And also so many people who are out of work. So many people who are suffering otherwise and dying unnecessarily in the midst of the pandemic.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11832085/justice-should-be-blind-an-ethicists-case-for-decarceration","authors":["11238","11626"],"categories":["news_457","news_6188","news_8"],"tags":["news_616","news_1629","news_27350","news_27504","news_22948","news_2687","news_3930","news_486","news_23"],"featImg":"news_11832681","label":"source_news_11832085"},"news_11831594":{"type":"posts","id":"news_11831594","meta":{"index":"posts_1591205157","site":"news","id":"11831594","score":null,"sort":[1596410128000]},"guestAuthors":[],"slug":"immigration-activists-and-lawyers-chronicle-treatment-after-protesting-at-newsoms-house","title":"Immigration Activists Chronicle Squalid Jail Conditions After Protesting at Newsom’s House","publishDate":1596410128,"format":"audio","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>When immigration attorney Susan Beaty protested in front of Gov. Gavin Newsom’s home in Fair Oaks last Thursday, they were prepared to get arrested.\u003c/p>\n\u003cp>Beaty was part of a group of 14 demonstrators who protested the treatment of incarcerated people in both immigration detention centers and prisons. [aside postID=\"news_11830634\" label=\"More Related Coverage\"]\u003c/p>\n\u003cp>Organizers said they felt a sense of urgency at the lackluster response to COVID-19 outbreaks in prisons and wanted to shine a light on the dangerous conditions there. The COVID-19 case rate is \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">five times higher\u003c/a> in state and federal prisons compared to the general population.\u003c/p>\n\u003cp>Beaty did not expect to experience first-hand the unsafe conditions incarcerated people are facing.\u003c/p>\n\u003cp>“It was shocking and a really awful experience for us,” said Beaty, an immigration attorney at Centro Legal de la Raza in Oakland.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Four undocumented organizers, eight immigration attorneys and two community supporters were arrested. They were taken to Sacramento County Jail where they were booked and spent a total of about 16 hours while waiting to be bailed out and released.\u003c/p>\n\u003cp>Beaty said social distancing was non-existent. The organizers were given limited protective equipment and were stripped of their own masks, face shields and gloves.\u003c/p>\n\u003cp>“Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months,” Beaty said.\u003c/p>\n\u003cp>Organizers were made to wear prison uniforms and at one point were made to sit on a bench side-by-side with other people. When one person pointed to a sign that read, “Keep six feet apart,” the booking officer “shook his head and told us to stop being ‘cute,’ ” according to a report the group released on Friday.\u003c/p>\n\u003cp>“We saw the public health nightmare that is occurring during this pandemic in every jail, prison and detention center in this country,” Beaty said, adding that it was just a taste of what many of their clients endure for months.[pullquote size=\"medium\" align=\"right\" citation=\"Susan Beaty, immigration attorney\"]'Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months.'[/pullquote]\u003c/p>\n\u003cp>Beaty said they were denied food and water for more than 12 hours and several in the group felt sick.\u003c/p>\n\u003cp>“My toilet in a tiny cell I was in was clogged with food when I arrived,” Beaty said. They used the toilet to vomit in and notified an official when it was clogged. “She told me to reach into the toilet and unclog it with my hand,” Beaty said.\u003c/p>\n\u003cp>Another immigration lawyer said she had a fever at the time of booking. Jail staff took her temperature and the thermometer showed she had a fever. Afterward, the staff made her drink cold water, lowering her temperature, she said. They took her temperature again and it was normal. Immigration attorneys say \u003ca href=\"https://www.motherjones.com/politics/2020/07/whistleblowers-say-ice-detention-center-used-deceptive-tricks-to-conceal-covid-outbreak/\" target=\"_blank\" rel=\"noopener noreferrer\">this is the same tactic\u003c/a> U.S. Immigration and Customs Enforcement officers have used in other facilities.\u003c/p>\n\u003cp>Juan Prieto, an undocumented organizer with the Oakland-based California Immigrant Youth Justice Alliance said, “I was standing behind her,\" and verified that staff took her temperature multiple times.\u003c/p>\n\u003cp>The conditions the group experienced were precisely what they had come to Newsom’s house to protest against. Prieto said he had met with representatives from the governor’s office once before in March to alert Newsom \u003ca href=\"https://www.kqed.org/news/11829449/forced-to-breathe-the-same-air-a-look-inside-ca-prisons-during-a-pandemic\">to the unsafe conditions in jails and prisons\u003c/a>.\u003c/p>\n\u003cp>“We were trying to make sure he took action immediately. All of us who had been in conversation with people in these facilities,” Prieto said. With outbreaks in both prisons and immigration detention centers escalating, the situation has only more gotten dire.\u003c/p>\n\u003cp>Prieto said the fear among those incarcerated in ICE facilities, as well as state jails, has led to waves of \u003ca href=\"https://www.bakersfield.com/news/100-immigrant-detainees-hold-hunger-strike-at-mesa-verde-in-response-to-covid-19-measures/article_4bc2c88e-7b88-11ea-bf82-c3fcec598e57.html\" target=\"_blank\" rel=\"noopener noreferrer\">hunger strikes\u003c/a> and work stoppages. In May, ICE reported that an immigrant detained in one of its facilities died of COVID-19.\u003c/p>\n\u003cp>Many of the lawyers and organizers have been writing letters and calling on elected officials to release those incarcerated and to address unsafe conditions since the beginning of the pandemic.\u003c/p>\n\u003cp>All of that led to Thursday’s protest. “We needed to bring these demands to his [Newsom's] house,” Prieto said. \"Trying to avoid contracting COVID-19 while incarcerated is impossible unless we take drastic steps.\"\u003c/p>\n\u003cp>KQED reached out to Gov. Newsom's office and the Sacramento County Jail for comment but didn’t receive a response by publication.[aside tag=\"coronavirus\" label=\"More COVID-19 coverage\"]\u003c/p>\n\u003cp>July 27, the day the organizers were arrested, also happened to be the same day of civil rights leader John Lewis’ funeral.\u003c/p>\n\u003cp>“Honestly, the irony was just beyond us,” Prieto said, describing how the memorial service for Lewis was playing in the background while they sat with their hands tied behind their backs. Lewis had encouraged activists to keep fighting and to get into “good trouble.”\u003c/p>\n\u003cp>“What we did was good trouble,” Prieto said.\u003c/p>\n\u003cp>He said actions, such as work stoppages and hunger strikes by those incarcerated in both public jails and prisons, have continued at other California facilities\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Read an account from protest organizers and immigration attorneys \u003ca href=\"https://ciyja.org/wp-content/uploads/2020/07/FreeThemAll14.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"'Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months,' said immigration attorney Susan Beaty.","status":"publish","parent":0,"modified":1596497970,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":915},"headData":{"title":"Immigration Activists Chronicle Squalid Jail Conditions After Protesting at Newsom’s House | KQED","description":"'Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months,' said immigration attorney Susan Beaty.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigration Activists Chronicle Squalid Jail Conditions After Protesting at Newsom’s House","datePublished":"2020-08-02T23:15:28.000Z","dateModified":"2020-08-03T23:39:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11831594 https://ww2.kqed.org/news/?p=11831594","disqusUrl":"https://ww2.kqed.org/news/2020/08/02/immigration-activists-and-lawyers-chronicle-treatment-after-protesting-at-newsoms-house/","disqusTitle":"Immigration Activists Chronicle Squalid Jail Conditions After Protesting at Newsom’s House","source":"News","sourceUrl":"https://www.kqed.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2020/08/WolffeBeatyProtestExperience.mp3","path":"/news/11831594/immigration-activists-and-lawyers-chronicle-treatment-after-protesting-at-newsoms-house","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When immigration attorney Susan Beaty protested in front of Gov. Gavin Newsom’s home in Fair Oaks last Thursday, they were prepared to get arrested.\u003c/p>\n\u003cp>Beaty was part of a group of 14 demonstrators who protested the treatment of incarcerated people in both immigration detention centers and prisons. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11830634","label":"More Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Organizers said they felt a sense of urgency at the lackluster response to COVID-19 outbreaks in prisons and wanted to shine a light on the dangerous conditions there. The COVID-19 case rate is \u003ca href=\"https://jamanetwork.com/journals/jama/fullarticle/2768249\" target=\"_blank\" rel=\"noopener noreferrer\">five times higher\u003c/a> in state and federal prisons compared to the general population.\u003c/p>\n\u003cp>Beaty did not expect to experience first-hand the unsafe conditions incarcerated people are facing.\u003c/p>\n\u003cp>“It was shocking and a really awful experience for us,” said Beaty, an immigration attorney at Centro Legal de la Raza in Oakland.\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>Four undocumented organizers, eight immigration attorneys and two community supporters were arrested. They were taken to Sacramento County Jail where they were booked and spent a total of about 16 hours while waiting to be bailed out and released.\u003c/p>\n\u003cp>Beaty said social distancing was non-existent. The organizers were given limited protective equipment and were stripped of their own masks, face shields and gloves.\u003c/p>\n\u003cp>“Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months,” Beaty said.\u003c/p>\n\u003cp>Organizers were made to wear prison uniforms and at one point were made to sit on a bench side-by-side with other people. When one person pointed to a sign that read, “Keep six feet apart,” the booking officer “shook his head and told us to stop being ‘cute,’ ” according to a report the group released on Friday.\u003c/p>\n\u003cp>“We saw the public health nightmare that is occurring during this pandemic in every jail, prison and detention center in this country,” Beaty said, adding that it was just a taste of what many of their clients endure for months.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Honestly, everything we witnessed were things that our loved ones and our clients who are incarcerated have been telling us about, and have been trying to tell the public for months.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Susan Beaty, immigration attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Beaty said they were denied food and water for more than 12 hours and several in the group felt sick.\u003c/p>\n\u003cp>“My toilet in a tiny cell I was in was clogged with food when I arrived,” Beaty said. They used the toilet to vomit in and notified an official when it was clogged. “She told me to reach into the toilet and unclog it with my hand,” Beaty said.\u003c/p>\n\u003cp>Another immigration lawyer said she had a fever at the time of booking. Jail staff took her temperature and the thermometer showed she had a fever. Afterward, the staff made her drink cold water, lowering her temperature, she said. They took her temperature again and it was normal. Immigration attorneys say \u003ca href=\"https://www.motherjones.com/politics/2020/07/whistleblowers-say-ice-detention-center-used-deceptive-tricks-to-conceal-covid-outbreak/\" target=\"_blank\" rel=\"noopener noreferrer\">this is the same tactic\u003c/a> U.S. Immigration and Customs Enforcement officers have used in other facilities.\u003c/p>\n\u003cp>Juan Prieto, an undocumented organizer with the Oakland-based California Immigrant Youth Justice Alliance said, “I was standing behind her,\" and verified that staff took her temperature multiple times.\u003c/p>\n\u003cp>The conditions the group experienced were precisely what they had come to Newsom’s house to protest against. Prieto said he had met with representatives from the governor’s office once before in March to alert Newsom \u003ca href=\"https://www.kqed.org/news/11829449/forced-to-breathe-the-same-air-a-look-inside-ca-prisons-during-a-pandemic\">to the unsafe conditions in jails and prisons\u003c/a>.\u003c/p>\n\u003cp>“We were trying to make sure he took action immediately. All of us who had been in conversation with people in these facilities,” Prieto said. With outbreaks in both prisons and immigration detention centers escalating, the situation has only more gotten dire.\u003c/p>\n\u003cp>Prieto said the fear among those incarcerated in ICE facilities, as well as state jails, has led to waves of \u003ca href=\"https://www.bakersfield.com/news/100-immigrant-detainees-hold-hunger-strike-at-mesa-verde-in-response-to-covid-19-measures/article_4bc2c88e-7b88-11ea-bf82-c3fcec598e57.html\" target=\"_blank\" rel=\"noopener noreferrer\">hunger strikes\u003c/a> and work stoppages. In May, ICE reported that an immigrant detained in one of its facilities died of COVID-19.\u003c/p>\n\u003cp>Many of the lawyers and organizers have been writing letters and calling on elected officials to release those incarcerated and to address unsafe conditions since the beginning of the pandemic.\u003c/p>\n\u003cp>All of that led to Thursday’s protest. “We needed to bring these demands to his [Newsom's] house,” Prieto said. \"Trying to avoid contracting COVID-19 while incarcerated is impossible unless we take drastic steps.\"\u003c/p>\n\u003cp>KQED reached out to Gov. Newsom's office and the Sacramento County Jail for comment but didn’t receive a response by publication.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"coronavirus","label":"More COVID-19 coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>July 27, the day the organizers were arrested, also happened to be the same day of civil rights leader John Lewis’ funeral.\u003c/p>\n\u003cp>“Honestly, the irony was just beyond us,” Prieto said, describing how the memorial service for Lewis was playing in the background while they sat with their hands tied behind their backs. Lewis had encouraged activists to keep fighting and to get into “good trouble.”\u003c/p>\n\u003cp>“What we did was good trouble,” Prieto said.\u003c/p>\n\u003cp>He said actions, such as work stoppages and hunger strikes by those incarcerated in both public jails and prisons, have continued at other California facilities\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Read an account from protest organizers and immigration attorneys \u003ca href=\"https://ciyja.org/wp-content/uploads/2020/07/FreeThemAll14.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11831594/immigration-activists-and-lawyers-chronicle-treatment-after-protesting-at-newsoms-house","authors":["11626","11523"],"categories":["news_1169","news_6188","news_28250","news_8"],"tags":["news_4100","news_24253","news_27626","news_28348","news_16","news_24238","news_21027","news_2842","news_2687","news_22572","news_3930","news_1100"],"featImg":"news_11831599","label":"source_news_11831594"},"news_11828999":{"type":"posts","id":"news_11828999","meta":{"index":"posts_1591205157","site":"news","id":"11828999","score":null,"sort":[1594783228000]},"guestAuthors":[],"slug":"san-francisco-moves-to-permanently-scrap-phone-call-fees-product-markups-at-county-jails","title":"San Francisco Permanently Scraps Jail Phone Call Fees","publishDate":1594783228,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>The San Francisco Board of Supervisors voted unanimously Tuesday afternoon to permanently end the practice of charging those in county jail for phone calls, and to stop marking up items sold in jail stores.\u003c/p>\n\u003cp>The measure, among the first of its kind in the nation, codifies a set of reforms that Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11753870/san-francisco-mayor-london-breed-to-eliminate-jail-phone-call-fees\" target=\"_blank\" rel=\"noopener noreferrer\">introduced last year\u003c/a> in her annual budget proposal.\u003c/p>\n\u003cp>“What happened last year was really an initial first step. This makes those changes permanent,” said Anne Stuhldreher, director of the Financial Justice Project in the San Francisco treasurer's office, who worked with Sheriff Paul Miyamoto and other city officials to push the legislation forward. The measure, she noted, also ensures that fees will no longer be charged for video calls and the use of electronic tablets.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Anne Stuhldreher, director of the Financial Justice Project\"]'It’s people’s families who really foot the bill. And our research shows it's almost always low-income women of color.'[/pullquote]\u003c/p>\n\u003cp>“We are never again going to take a commission or make money off of products and services provided to incarcerated people and their support networks, their families,” she said.\u003c/p>\n\u003cp>Until last year's changes, San Francisco inmates were charged 15 cents a minute for phone calls and had to pay a 43% markup on products sold in the commissary, including basic items like soap and food.\u003c/p>\n\u003cp>“It can really add up,” Stuhldreher said. “It’s people’s families who really foot the bill. And our research shows it's almost always low-income women of color.”\u003c/p>\n\u003cp>Stuhldreher said she heard from family members of inmates who were forced to choose between staying in touch and paying their utility bills.\u003c/p>\n\u003cp>In San Francisco, she noted, African Americans make up less than 6% of the population but represent roughly half of all incarcerated people.\u003c/p>\n\u003cp>“The more people stay in touch with family, the better they do when they get out,” Stuhldreher said, \u003ca href=\"https://www.prisonpolicy.org/scans/vera/the-family-and-recidivism.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">pointing to research\u003c/a> that found lower recidivism rates among former inmates who while incarcerated had maintained close contact with supportive family members.\u003c/p>\n\u003cp>For Mayor Breed, who grew up in public housing and whose brother is serving a 44-year prison sentence for involuntary manslaughter and armed robbery, the issue is particularly personal.\u003c/p>\n\u003cp>“It’s something that has never sat well with me, from personal experience of the collect calls, and the amount of money that my grandma had to spend on our phone bill, and at times our phone getting cut off because we couldn't pay the bill,” she told KQED in a 2019 interview.\u003c/p>\n\u003cp>Being unable to provide support to family members behind bars can be \"depressing and frustrating,\" she said. \"This was something I thought was an important issue, to address equity and fairness in our criminal justice system.”\u003c/p>\n\u003cp>[aside tag=\"jail\" label=\"California Jails\"]State law allows counties to charge inmates premiums for both calls and jail commissary items, provided those profits are used to support rehabilitation and reentry services. San Francisco was generating about $1.7 million a year from those fees, which went into an inmate welfare fund — one that Stuhldreher hopes will now receive ongoing support through the city's general fund.\u003c/p>\n\u003cp>“The idea is that those services should be supported in the same way we pay for everything else, and not on the backs of incarcerated people and their families,” she said.\u003c/p>\n\u003cp>The cost of phone calls in jail was initially halved following Breed's budget proposal last year, with commissary markups subsequently phased out. Since the start of the coronavirus pandemic, inmates have been able to make about 60 minutes of free calls a week. And beginning August 1, all calls will be free.\u003c/p>\n\u003cp>The change is part of a growing trend in San Francisco and other, mostly progressive jurisdictions to reduce prohibitive fees that disproportionately affect low-income people of color. In 2018, the county eliminated administrative fees charged to people in the criminal justice system, writing off $32 million in debt owed by 21,000 people. And in 2014, the Sheriff’s Department allowed inmates to call their lawyers for free.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>San Francisco follows New York City, which in 2018 became \u003ca href=\"https://www.cnn.com/2019/05/01/us/free-calls-from-jail-nyc-trnd/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">the first major city\u003c/a> to pass legislation making phone calls free from jail, a measure it put into effect last year. San Francisco's ordinance, though, goes a step further, eliminating virtually all commissions that had previously been in place.\u003c/p>\n\u003cp>“This nixes that business model,” Stuhldreher said.\u003c/p>\n\u003cp>\u003cem> KQED's Marisa Lagos contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The measure, which also eliminates markups of commissary items, codifies a set of reforms Mayor London Breed introduced last year. It's among the first ordinances of its kind in the nation. ","status":"publish","parent":0,"modified":1594851970,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":784},"headData":{"title":"San Francisco Permanently Scraps Jail Phone Call Fees | KQED","description":"The measure, which also eliminates markups of commissary items, codifies a set of reforms Mayor London Breed introduced last year. It's among the first ordinances of its kind in the nation. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Francisco Permanently Scraps Jail Phone Call Fees","datePublished":"2020-07-15T03:20:28.000Z","dateModified":"2020-07-15T22:26:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11828999 https://ww2.kqed.org/news/?p=11828999","disqusUrl":"https://ww2.kqed.org/news/2020/07/14/san-francisco-moves-to-permanently-scrap-phone-call-fees-product-markups-at-county-jails/","disqusTitle":"San Francisco Permanently Scraps Jail Phone Call Fees","source":"News","sourceUrl":"https://www.kqed.org/news/","audioTrackLength":126,"path":"/news/11828999/san-francisco-moves-to-permanently-scrap-phone-call-fees-product-markups-at-county-jails","parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The San Francisco Board of Supervisors voted unanimously Tuesday afternoon to permanently end the practice of charging those in county jail for phone calls, and to stop marking up items sold in jail stores.\u003c/p>\n\u003cp>The measure, among the first of its kind in the nation, codifies a set of reforms that Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11753870/san-francisco-mayor-london-breed-to-eliminate-jail-phone-call-fees\" target=\"_blank\" rel=\"noopener noreferrer\">introduced last year\u003c/a> in her annual budget proposal.\u003c/p>\n\u003cp>“What happened last year was really an initial first step. This makes those changes permanent,” said Anne Stuhldreher, director of the Financial Justice Project in the San Francisco treasurer's office, who worked with Sheriff Paul Miyamoto and other city officials to push the legislation forward. The measure, she noted, also ensures that fees will no longer be charged for video calls and the use of electronic tablets.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It’s people’s families who really foot the bill. And our research shows it's almost always low-income women of color.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Anne Stuhldreher, director of the Financial Justice Project","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We are never again going to take a commission or make money off of products and services provided to incarcerated people and their support networks, their families,” she said.\u003c/p>\n\u003cp>Until last year's changes, San Francisco inmates were charged 15 cents a minute for phone calls and had to pay a 43% markup on products sold in the commissary, including basic items like soap and food.\u003c/p>\n\u003cp>“It can really add up,” Stuhldreher said. “It’s people’s families who really foot the bill. And our research shows it's almost always low-income women of color.”\u003c/p>\n\u003cp>Stuhldreher said she heard from family members of inmates who were forced to choose between staying in touch and paying their utility bills.\u003c/p>\n\u003cp>In San Francisco, she noted, African Americans make up less than 6% of the population but represent roughly half of all incarcerated people.\u003c/p>\n\u003cp>“The more people stay in touch with family, the better they do when they get out,” Stuhldreher said, \u003ca href=\"https://www.prisonpolicy.org/scans/vera/the-family-and-recidivism.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">pointing to research\u003c/a> that found lower recidivism rates among former inmates who while incarcerated had maintained close contact with supportive family members.\u003c/p>\n\u003cp>For Mayor Breed, who grew up in public housing and whose brother is serving a 44-year prison sentence for involuntary manslaughter and armed robbery, the issue is particularly personal.\u003c/p>\n\u003cp>“It’s something that has never sat well with me, from personal experience of the collect calls, and the amount of money that my grandma had to spend on our phone bill, and at times our phone getting cut off because we couldn't pay the bill,” she told KQED in a 2019 interview.\u003c/p>\n\u003cp>Being unable to provide support to family members behind bars can be \"depressing and frustrating,\" she said. \"This was something I thought was an important issue, to address equity and fairness in our criminal justice system.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"jail","label":"California Jails "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>State law allows counties to charge inmates premiums for both calls and jail commissary items, provided those profits are used to support rehabilitation and reentry services. San Francisco was generating about $1.7 million a year from those fees, which went into an inmate welfare fund — one that Stuhldreher hopes will now receive ongoing support through the city's general fund.\u003c/p>\n\u003cp>“The idea is that those services should be supported in the same way we pay for everything else, and not on the backs of incarcerated people and their families,” she said.\u003c/p>\n\u003cp>The cost of phone calls in jail was initially halved following Breed's budget proposal last year, with commissary markups subsequently phased out. Since the start of the coronavirus pandemic, inmates have been able to make about 60 minutes of free calls a week. And beginning August 1, all calls will be free.\u003c/p>\n\u003cp>The change is part of a growing trend in San Francisco and other, mostly progressive jurisdictions to reduce prohibitive fees that disproportionately affect low-income people of color. In 2018, the county eliminated administrative fees charged to people in the criminal justice system, writing off $32 million in debt owed by 21,000 people. And in 2014, the Sheriff’s Department allowed inmates to call their lawyers for free.\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>San Francisco follows New York City, which in 2018 became \u003ca href=\"https://www.cnn.com/2019/05/01/us/free-calls-from-jail-nyc-trnd/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">the first major city\u003c/a> to pass legislation making phone calls free from jail, a measure it put into effect last year. San Francisco's ordinance, though, goes a step further, eliminating virtually all commissions that had previously been in place.\u003c/p>\n\u003cp>“This nixes that business model,” Stuhldreher said.\u003c/p>\n\u003cp>\u003cem> KQED's Marisa Lagos contributed reporting to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11828999/san-francisco-moves-to-permanently-scrap-phone-call-fees-product-markups-at-county-jails","authors":["1263"],"categories":["news_6188","news_28250","news_8","news_13"],"tags":["news_17725","news_27626","news_2687","news_6931","news_38","news_1973","news_17041"],"featImg":"news_11753991","label":"source_news_11828999"},"news_11810760":{"type":"posts","id":"news_11810760","meta":{"index":"posts_1591205157","site":"news","id":"11810760","score":null,"sort":[1586105872000]},"guestAuthors":[],"slug":"judges-deny-california-inmate-release-request-cite-u-s-law","title":"Judges Deny California Inmate Release Request, Cite US Law","publishDate":1586105872,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Federal judges on Saturday refused on procedural grounds to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates likened to a “tinderbox” ready to ignite with the rapid spread of the coronavirus.\u003c/p>\n\u003cp>But the three judges invited inmates’ attorneys to file a new motion with either or both of two individual judges who oversee major class action lawsuits over inmate medical and mental health care. Both judges are members of the three-judge panel, which also includes a federal appellate judge.\u003c/p>\n\u003cp>The judges virtually laid out a pathway for the inmates’ attorneys to seek help from the individual judges, and perhaps come back to the special panel after they lay the proper groundwork.\u003c/p>\n\u003cp>The special panel said it had no authority to address the coronavirus because it was convened 13 years ago to consider a different issue: whether general overcrowding was causing inhumane conditions.\u003c/p>\n\u003cp>“We take no satisfaction in turning away Plaintiffs’ motion without reaching the important question of whether Defendants have implemented constitutionally adequate measures to protect the inmates of California’s prisons from the serious threat posed by this unparalleled pandemic,” wrote two of the three judges. “But we are bound by (federal law) to reach this conclusion.”\u003c/p>\n\u003cp>The third judge, U.S. District Judge Kimberly Mueller of Sacramento, agreed on legal grounds but said she thought the special panel may ultimately retain its power to order inmates released “in light of the unprecedented exigent circumstances.”\u003c/p>\n\u003cp>Don Specter, one of the attorneys representing inmates, said they “will be refiling the motion before the single district court judges as soon as possible.”\u003c/p>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas said the state “has taken significant steps to address the safety and well-being of inmates and staff during the COVID-19 pandemic.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration already temporarily blocked the transfers of new inmates into prisons and ordered the early release within days of nonviolent inmates who had been scheduled for parole within the next two months. Those moves are expected to lower the population by as many as 6,500 inmates within 30 days.\u003c/p>\n\u003cp>Those steps are not enough to give inmates double-bunked in crowded dormitories the room they need to stay separated by at least 6 feet like the rest of the state’s population, said Specter, director of the nonprofit Prison Law Office. That means inmates will rapidly spread the coronavirus among themselves and, through prison employees, into the community at large, he argued. \u003c/p>\n\u003cp>[aside tag='coronavirus' label='related coverage']\u003c/p>\n\u003cp>“There is a desperate need to reduce the prison population because the level of overcrowding in our prisons is literally a matter of life and death,” Specter argued during a 90-minute emergency teleconference Thursday.\u003c/p>\n\u003cp>The coronavirus causes mild or moderate symptoms for most people, such as a fever and cough that clear up in two to three weeks. It can cause more severe illness, including pneumonia and death, for some, especially older adults and people with existing health problems.\u003c/p>\n\u003cp>Aside from freeing enough lower security offenders to clear space in dormitories, the inmates’ attorneys asked the judges to release each of the more than 5,000 inmates age 65 and up who have a place to go in the community, and those whose health conditions make them vulnerable to the respiratory illness.\u003c/p>\n\u003cp>State officials previously said they already are making “creative use” of gymnasiums and other open areas to separate inmates, as well as housing more in public and private lockups outside the prisons. They announced Friday that they are providing $8.7 million for counties that must house jail inmates blocked from transferring to state prisons, as well as to reimburse counties for supervising paroles released up to two months earlier than expected.\u003c/p>\n\u003cp>Aside from Mueller, the judicial panel includes U.S. District Judge Jon Tigar in Oakland and U.S. Circuit Judge Kim McLane Wardlaw from the 9th U.S. Circuit Court of Appeals\u003c/p>\n\u003cp>Only such a three-judge panel can order inmate releases, under federal law. The judges’ predecessors did so more than a decade ago, ordering the state to dramatically reduce its prison population to improve living conditions.\u003c/p>\n\u003cp>But the individual judges could — and have — ordered lesser relief many times over the years.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A three-judge federal panel refused on procedural grounds Saturday to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates say could ignite a rapid spread of the coronavirus.","status":"publish","parent":0,"modified":1586198005,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":740},"headData":{"title":"Judges Deny California Inmate Release Request, Cite US Law | KQED","description":"A three-judge federal panel refused on procedural grounds Saturday to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates say could ignite a rapid spread of the coronavirus.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judges Deny California Inmate Release Request, Cite US Law","datePublished":"2020-04-05T16:57:52.000Z","dateModified":"2020-04-06T18:33:25.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11810760 https://ww2.kqed.org/news/?p=11810760","disqusUrl":"https://ww2.kqed.org/news/2020/04/05/judges-deny-california-inmate-release-request-cite-u-s-law/","disqusTitle":"Judges Deny California Inmate Release Request, Cite US Law","source":"Associated Press","sourceUrl":"https://apnews.com/","nprByline":"Don Thompson","path":"/news/11810760/judges-deny-california-inmate-release-request-cite-u-s-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Federal judges on Saturday refused on procedural grounds to order California to free thousands of prisoners to ease crowded conditions that attorneys representing inmates likened to a “tinderbox” ready to ignite with the rapid spread of the coronavirus.\u003c/p>\n\u003cp>But the three judges invited inmates’ attorneys to file a new motion with either or both of two individual judges who oversee major class action lawsuits over inmate medical and mental health care. Both judges are members of the three-judge panel, which also includes a federal appellate judge.\u003c/p>\n\u003cp>The judges virtually laid out a pathway for the inmates’ attorneys to seek help from the individual judges, and perhaps come back to the special panel after they lay the proper groundwork.\u003c/p>\n\u003cp>The special panel said it had no authority to address the coronavirus because it was convened 13 years ago to consider a different issue: whether general overcrowding was causing inhumane conditions.\u003c/p>\n\u003cp>“We take no satisfaction in turning away Plaintiffs’ motion without reaching the important question of whether Defendants have implemented constitutionally adequate measures to protect the inmates of California’s prisons from the serious threat posed by this unparalleled pandemic,” wrote two of the three judges. “But we are bound by (federal law) to reach this conclusion.”\u003c/p>\n\u003cp>The third judge, U.S. District Judge Kimberly Mueller of Sacramento, agreed on legal grounds but said she thought the special panel may ultimately retain its power to order inmates released “in light of the unprecedented exigent circumstances.”\u003c/p>\n\u003cp>Don Specter, one of the attorneys representing inmates, said they “will be refiling the motion before the single district court judges as soon as possible.”\u003c/p>\n\u003cp>California Department of Corrections and Rehabilitation spokeswoman Dana Simas said the state “has taken significant steps to address the safety and well-being of inmates and staff during the COVID-19 pandemic.”\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration already temporarily blocked the transfers of new inmates into prisons and ordered the early release within days of nonviolent inmates who had been scheduled for parole within the next two months. Those moves are expected to lower the population by as many as 6,500 inmates within 30 days.\u003c/p>\n\u003cp>Those steps are not enough to give inmates double-bunked in crowded dormitories the room they need to stay separated by at least 6 feet like the rest of the state’s population, said Specter, director of the nonprofit Prison Law Office. That means inmates will rapidly spread the coronavirus among themselves and, through prison employees, into the community at large, he argued. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"coronavirus","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There is a desperate need to reduce the prison population because the level of overcrowding in our prisons is literally a matter of life and death,” Specter argued during a 90-minute emergency teleconference Thursday.\u003c/p>\n\u003cp>The coronavirus causes mild or moderate symptoms for most people, such as a fever and cough that clear up in two to three weeks. It can cause more severe illness, including pneumonia and death, for some, especially older adults and people with existing health problems.\u003c/p>\n\u003cp>Aside from freeing enough lower security offenders to clear space in dormitories, the inmates’ attorneys asked the judges to release each of the more than 5,000 inmates age 65 and up who have a place to go in the community, and those whose health conditions make them vulnerable to the respiratory illness.\u003c/p>\n\u003cp>State officials previously said they already are making “creative use” of gymnasiums and other open areas to separate inmates, as well as housing more in public and private lockups outside the prisons. They announced Friday that they are providing $8.7 million for counties that must house jail inmates blocked from transferring to state prisons, as well as to reimburse counties for supervising paroles released up to two months earlier than expected.\u003c/p>\n\u003cp>Aside from Mueller, the judicial panel includes U.S. District Judge Jon Tigar in Oakland and U.S. Circuit Judge Kim McLane Wardlaw from the 9th U.S. Circuit Court of Appeals\u003c/p>\n\u003cp>Only such a three-judge panel can order inmate releases, under federal law. The judges’ predecessors did so more than a decade ago, ordering the state to dramatically reduce its prison population to improve living conditions.\u003c/p>\n\u003cp>But the individual judges could — and have — ordered lesser relief many times over the years.\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/11810760/judges-deny-california-inmate-release-request-cite-u-s-law","authors":["byline_news_11810760"],"categories":["news_6188","news_8"],"tags":["news_27350","news_27504","news_17725","news_2687","news_24730","news_3930"],"featImg":"news_11810761","label":"source_news_11810760"},"news_11795539":{"type":"posts","id":"news_11795539","meta":{"index":"posts_1591205157","site":"news","id":"11795539","score":null,"sort":[1578767156000]},"guestAuthors":[],"slug":"mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","title":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate","publishDate":1578767156,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A Mendocino County correctional sergeant tased a handcuffed, mentally-ill jail inmate in 2017, who witnesses said was not a threat at the time, which caused the man to stop breathing.\u003c/p>\n\u003cp>The sergeant didn’t lose his job and wasn’t charged with a crime, according to records released under the state’s new law-enforcement transparency law.[pullquote size=\"medium\" align=\"right\" citation=\"Corene Kendrick, Prison Law Office Staff Attorney\"]'There’s ways to de-escalate a situation without pulling out a Taser.'[/pullquote]\u003c/p>\n\u003cp>Instead, Zohar Zaied cut a deal with the Sheriff’s Office to accept a demotion to correctional deputy, documents show. The inmate, Travis Benevich, whose lawyer said almost died in the attack, accepted a settlement of $180,000 from the county instead of suing.\u003c/p>\n\u003cp>Three deputies who helped Zaied move Benevich to a padded cell on June 18, 2017 told investigators the inmate’s behavior didn’t warrant the tasing. Benevich, they said, resisted when approaching the cell he was being placed in, but wasn’t being violent.\u003c/p>\n\u003cp>One of the foremost experts in Taser litigation, Steve Martin, said of the incident, “of course, it’s disturbing.” The former counsel for the Texas Department of Corrections questioned the necessity of “such a high risk” use of force since Benevich was handcuffed behind his back and being escorted by guards.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The release of documents about Zaied’s use of force comes in a year of increased scrutiny of California law enforcement under the new law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which ended years of police secrecy about discipline and use of force. Records released by other agencies show jail guards fired for abusing inmates, and helping others cover up abuses.\u003c/p>\n\u003cp>“Hopefully there is some measure of accountability because the public knows what’s happening. That matters,” said Izaak Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>The use of Tasers, especially in correctional facilities, has long been disputed by experts.\u003c/p>\n\u003cp>“There’s ways to de-escalate a situation without pulling out a Taser,” said Corene Kendrick, a staff attorney at the Prison Law Office in Berkeley.\u003c/p>\n\u003cp>Martin, who is currently the federal monitor of New York City’s Rikers Island, said the problem is people, not Tasers.\u003c/p>\n\u003cp>“(Tasers) can have a great deal of tactical utility when employed under strict conditions and limitations,” Martin said.\u003c/p>\n\u003cp>The problem isn’t the Tasers themselves, according to Martin, but misuse by law enforcement officers. [aside postID=\"news_11786495,news_11777176,news_11755384\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif\" heroLink=\"https://www.kqed.org/news/tag/police-records\" target=\"_blank\"]\u003c/p>\n\u003cp>Benevich was arrested after a fight broke out at a music festival in Boonville on June 17, 2017. The 27-year-old says he was protecting his fiancé from a group of rowdy men when deputies arrested him for public intoxication and resisting arrest. He was taken to the Mendocino County Jail and, he said, he immediately felt panicked.\u003c/p>\n\u003cp>“I was just completely overwhelmed with how scared my kids must have been. What they must have been thinking,” said Benevich, who has an anxiety disorder.\u003c/p>\n\u003cp>Almost immediately Benevich asked Zaied, the jail supervisor at the time, to place him in a larger cell because small spaces increase his anxiety. He didn’t want to be in jail over the Father’s Day weekend and transcripts of jail audio show Benevich was adamant, he was “going to smash his head open to get the [expletive] out of this room.”\u003c/p>\n\u003cp>Zaied opted to move Benevich to a padded cell. Benevich was handcuffed with two deputies each holding one of his arms. All involved agree this part went smoothly until Benevich saw the small cell he was being transferred to. Benevich estimated the cell was “one-third the size” of the one he’d just left.\u003c/p>\n\u003cp>Benevich dug his heels into the ground and begged not to be put in the smaller cell, deputies told investigators. At some point, Benevich pulled to one side, and the guards pushed him into a wall. Then, Zaied tased him without warning. “I wasn’t even fighting you guys,” said Benevich while crying, according to a recording.\u003c/p>\n\u003cp>In an interview with reporters, Benevich said, “I remember my head hitting the wall. It’s a pain that is in every bone and muscle.”\u003c/p>\n\u003cp>Guards then put Benevich in the cell, where he fell to his knees. Forty-seconds after the first shock, Zaied tased him again. Benevich stopped breathing and went into a seizure while mucus dripped from his nose. He was rushed to a hospital.\u003c/p>\n\u003cp>“I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe,” said Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>Zaied did not return calls for comment. But documents show he told internal affairs investigators Benevich was fighting deputies and that he tased him because the inmate was “in danger.” He continued, “Staff was in danger ... it went from controlled to uncontrolled pretty fast.”\u003c/p>\n\u003cp>But the other deputies, including the two holding his arms, told investigators a different story. All thought the use of the Taser was unnecessary, documents show. A nurse who was present also described the tasing as excessive.\u003c/p>\n\u003cp>“It could have been avoided due to the fact that, you know, the four of us could have probably gained control,” Deputy Issac Sanchez told Sacramento County Sheriff’s Department investigators who did an independent investigation at the request of Mendocino County.\u003c/p>\n\u003cfigure id=\"attachment_11795567\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11795567\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg\" alt=\"\" width=\"1920\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1020x694.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1200x816.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from a transcript of a Aug. 3, 2017 interview of Mendocino County Sheriff's Deputy Isaac Sanchez, conducted by Sgt. Marcus Gregory, about the use of a taser on a handcuffed inmate. \u003ccite>(Via Mendocino County Sheriff)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zaied was eventually found to have violated several department and county policies, including using a Taser on a handcuffed inmate, according to findings by Mendocino County Undersheriff Randy Johnson. He recommended Zaied be demoted, but Zaied fought the findings, and through a settlement agreement, was able to remove some of the policy violations from his record. But his demotion to correctional deputy remained. Zaied now works as a background investigator for new hires at the jail, according to an online bio.\u003c/p>\n\u003cp>The day before he tased Benevich, Zaied had tased another inmate who was also handcuffed and described in documents as mentally ill. Fernando Martinez, a war veteren diagnosed with Post Traumatic Stress Disorder, was being put back into a padded cell when the incident occurred.\u003c/p>\n\u003cp>Zaied said use of force was necessary with Martinez, and that using the Taser minimized the risk of injury for everyone there, according to the report. Martinez told investigators he was “pretty out of it” and that he may have “tensed up.”\u003c/p>\n\u003cp>At the time of both tasings, records show Zaied’s taser certification had expired more than 10 years earlier. He completed Taser training in 2006. It expired in 2007.\u003c/p>\n\u003cp>Former Mendocino County Sheriff Tom Allman, who recently retired, did not return requests for comment on the training or the incident. But in the final Letter of Reprimand, he concluded that during the Benevich incident, while Zaied’s “intent was not malicious, [he] failed to appreciate other options available to [him] prior to the discharge of the Taser.”\u003c/p>\n\u003cp>Despite the demotion, Zaied’s salary remained roughly the same. According to an online website that tracks state salaries, \u003ca href=\"https://transparentcalifornia.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Transparent California\u003c/a>, he made roughly $149,000 in total pay and benefits in 2018 compared to about $142,000 in 2017.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Izaak Schwaiger, Benevich's attorney\"]'I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe'[/pullquote]\u003c/p>\n\u003cp>The spokesperson for the Mendocino County District Attorney’s Office, Mike Geniella, said District Attorney David Eyster planned to file criminal charges on Zaied, but changed his mind after the case was reviewed by an outside use of force expert who found no wrongdoing.\u003c/p>\n\u003cp>A consultant who did the investigation, Jeffery Martin, concluded that Zaied’s actions were reasonable.\u003c/p>\n\u003cp>In his report, Jeffrey Martin wrote that there is nothing to indicate that the Taser or actions of Zaied or the deputies contributed to Benevich’s medical event. Martin argued that Benevich appeared to have “perceived the pain during the event,” and that he was given sufficient time to comply with commands. Martin also wrote that Benevich actively tried to hook one of the deputy’s legs, which could have caused deputies to lose control of him.\u003c/p>\n\u003cp>Schwaiger, Benevich’s lawyer — who specializes in police brutality cases — disputes this account, saying there was no provocation, making the tasing particularly egregious. Schwaiger suspects that is part of the reason the county was quick to settle, offering an agreement even before a lawsuit was filed.\u003c/p>\n\u003cp>In exchange for $180,000, Benevich agreed to release the county of all liability and agreed to a confidentiality clause: Benevich couldn’t talk about the settlement.\u003c/p>\n\u003cp>“Of course, they didn’t want it to be public record,” said Schwaiger. “The only thing that municipalities hate worse than paying money is bad press.”\u003c/p>\n\u003cp>For two years, the incident remained secret. Schwaiger says that the incident between Benevich and Zaied is exactly what the new transparency law was designed to reveal. However, he worries the onslaught of news stories that have followed the passage of the law detract from the seriousness of each individual case.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Now a deputy, Zohar Zaied appears to conduct background investigations for the Sheriff's Office.","status":"publish","parent":0,"modified":1578767156,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1707},"headData":{"title":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate | KQED","description":"Now a deputy, Zohar Zaied appears to conduct background investigations for the Sheriff's Office.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate","datePublished":"2020-01-11T18:25:56.000Z","dateModified":"2020-01-11T18:25:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11795539 https://ww2.kqed.org/news/?p=11795539","disqusUrl":"https://ww2.kqed.org/news/2020/01/11/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate/","disqusTitle":"Mendocino County Correctional Sergeant Demoted After Tasing Handcuffed Inmate","nprByline":"Katey Rusch and Edward Booth\u003cbr />Investigative Reporting Program","path":"/news/11795539/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Mendocino County correctional sergeant tased a handcuffed, mentally-ill jail inmate in 2017, who witnesses said was not a threat at the time, which caused the man to stop breathing.\u003c/p>\n\u003cp>The sergeant didn’t lose his job and wasn’t charged with a crime, according to records released under the state’s new law-enforcement transparency law.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'There’s ways to de-escalate a situation without pulling out a Taser.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Corene Kendrick, Prison Law Office Staff Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Instead, Zohar Zaied cut a deal with the Sheriff’s Office to accept a demotion to correctional deputy, documents show. The inmate, Travis Benevich, whose lawyer said almost died in the attack, accepted a settlement of $180,000 from the county instead of suing.\u003c/p>\n\u003cp>Three deputies who helped Zaied move Benevich to a padded cell on June 18, 2017 told investigators the inmate’s behavior didn’t warrant the tasing. Benevich, they said, resisted when approaching the cell he was being placed in, but wasn’t being violent.\u003c/p>\n\u003cp>One of the foremost experts in Taser litigation, Steve Martin, said of the incident, “of course, it’s disturbing.” The former counsel for the Texas Department of Corrections questioned the necessity of “such a high risk” use of force since Benevich was handcuffed behind his back and being escorted by guards.\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>The release of documents about Zaied’s use of force comes in a year of increased scrutiny of California law enforcement under the new law, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1421\" target=\"_blank\" rel=\"noopener noreferrer\">Senate Bill 1421\u003c/a>, which ended years of police secrecy about discipline and use of force. Records released by other agencies show jail guards fired for abusing inmates, and helping others cover up abuses.\u003c/p>\n\u003cp>“Hopefully there is some measure of accountability because the public knows what’s happening. That matters,” said Izaak Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>The use of Tasers, especially in correctional facilities, has long been disputed by experts.\u003c/p>\n\u003cp>“There’s ways to de-escalate a situation without pulling out a Taser,” said Corene Kendrick, a staff attorney at the Prison Law Office in Berkeley.\u003c/p>\n\u003cp>Martin, who is currently the federal monitor of New York City’s Rikers Island, said the problem is people, not Tasers.\u003c/p>\n\u003cp>“(Tasers) can have a great deal of tactical utility when employed under strict conditions and limitations,” Martin said.\u003c/p>\n\u003cp>The problem isn’t the Tasers themselves, according to Martin, but misuse by law enforcement officers. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11786495,news_11777176,news_11755384","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/Police-Art_1.gif","herolink":"https://www.kqed.org/news/tag/police-records","target":"_blank","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Benevich was arrested after a fight broke out at a music festival in Boonville on June 17, 2017. The 27-year-old says he was protecting his fiancé from a group of rowdy men when deputies arrested him for public intoxication and resisting arrest. He was taken to the Mendocino County Jail and, he said, he immediately felt panicked.\u003c/p>\n\u003cp>“I was just completely overwhelmed with how scared my kids must have been. What they must have been thinking,” said Benevich, who has an anxiety disorder.\u003c/p>\n\u003cp>Almost immediately Benevich asked Zaied, the jail supervisor at the time, to place him in a larger cell because small spaces increase his anxiety. He didn’t want to be in jail over the Father’s Day weekend and transcripts of jail audio show Benevich was adamant, he was “going to smash his head open to get the [expletive] out of this room.”\u003c/p>\n\u003cp>Zaied opted to move Benevich to a padded cell. Benevich was handcuffed with two deputies each holding one of his arms. All involved agree this part went smoothly until Benevich saw the small cell he was being transferred to. Benevich estimated the cell was “one-third the size” of the one he’d just left.\u003c/p>\n\u003cp>Benevich dug his heels into the ground and begged not to be put in the smaller cell, deputies told investigators. At some point, Benevich pulled to one side, and the guards pushed him into a wall. Then, Zaied tased him without warning. “I wasn’t even fighting you guys,” said Benevich while crying, according to a recording.\u003c/p>\n\u003cp>In an interview with reporters, Benevich said, “I remember my head hitting the wall. It’s a pain that is in every bone and muscle.”\u003c/p>\n\u003cp>Guards then put Benevich in the cell, where he fell to his knees. Forty-seconds after the first shock, Zaied tased him again. Benevich stopped breathing and went into a seizure while mucus dripped from his nose. He was rushed to a hospital.\u003c/p>\n\u003cp>“I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe,” said Schwaiger, Benevich’s attorney.\u003c/p>\n\u003cp>Zaied did not return calls for comment. But documents show he told internal affairs investigators Benevich was fighting deputies and that he tased him because the inmate was “in danger.” He continued, “Staff was in danger ... it went from controlled to uncontrolled pretty fast.”\u003c/p>\n\u003cp>But the other deputies, including the two holding his arms, told investigators a different story. All thought the use of the Taser was unnecessary, documents show. A nurse who was present also described the tasing as excessive.\u003c/p>\n\u003cp>“It could have been avoided due to the fact that, you know, the four of us could have probably gained control,” Deputy Issac Sanchez told Sacramento County Sheriff’s Department investigators who did an independent investigation at the request of Mendocino County.\u003c/p>\n\u003cfigure id=\"attachment_11795567\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11795567\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg\" alt=\"\" width=\"1920\" height=\"1306\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1020x694.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/01/Mendo-Sanchez-Transcript-Exerpt-1200x816.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from a transcript of a Aug. 3, 2017 interview of Mendocino County Sheriff's Deputy Isaac Sanchez, conducted by Sgt. Marcus Gregory, about the use of a taser on a handcuffed inmate. \u003ccite>(Via Mendocino County Sheriff)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zaied was eventually found to have violated several department and county policies, including using a Taser on a handcuffed inmate, according to findings by Mendocino County Undersheriff Randy Johnson. He recommended Zaied be demoted, but Zaied fought the findings, and through a settlement agreement, was able to remove some of the policy violations from his record. But his demotion to correctional deputy remained. Zaied now works as a background investigator for new hires at the jail, according to an online bio.\u003c/p>\n\u003cp>The day before he tased Benevich, Zaied had tased another inmate who was also handcuffed and described in documents as mentally ill. Fernando Martinez, a war veteren diagnosed with Post Traumatic Stress Disorder, was being put back into a padded cell when the incident occurred.\u003c/p>\n\u003cp>Zaied said use of force was necessary with Martinez, and that using the Taser minimized the risk of injury for everyone there, according to the report. Martinez told investigators he was “pretty out of it” and that he may have “tensed up.”\u003c/p>\n\u003cp>At the time of both tasings, records show Zaied’s taser certification had expired more than 10 years earlier. He completed Taser training in 2006. It expired in 2007.\u003c/p>\n\u003cp>Former Mendocino County Sheriff Tom Allman, who recently retired, did not return requests for comment on the training or the incident. But in the final Letter of Reprimand, he concluded that during the Benevich incident, while Zaied’s “intent was not malicious, [he] failed to appreciate other options available to [him] prior to the discharge of the Taser.”\u003c/p>\n\u003cp>Despite the demotion, Zaied’s salary remained roughly the same. According to an online website that tracks state salaries, \u003ca href=\"https://transparentcalifornia.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Transparent California\u003c/a>, he made roughly $149,000 in total pay and benefits in 2018 compared to about $142,000 in 2017.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I don’t think [Zaied] decided to put him into renal failure and put him into a seizure. But he decided to use force, not knowing enough information to know if it was safe'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Izaak Schwaiger, Benevich's attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The spokesperson for the Mendocino County District Attorney’s Office, Mike Geniella, said District Attorney David Eyster planned to file criminal charges on Zaied, but changed his mind after the case was reviewed by an outside use of force expert who found no wrongdoing.\u003c/p>\n\u003cp>A consultant who did the investigation, Jeffery Martin, concluded that Zaied’s actions were reasonable.\u003c/p>\n\u003cp>In his report, Jeffrey Martin wrote that there is nothing to indicate that the Taser or actions of Zaied or the deputies contributed to Benevich’s medical event. Martin argued that Benevich appeared to have “perceived the pain during the event,” and that he was given sufficient time to comply with commands. Martin also wrote that Benevich actively tried to hook one of the deputy’s legs, which could have caused deputies to lose control of him.\u003c/p>\n\u003cp>Schwaiger, Benevich’s lawyer — who specializes in police brutality cases — disputes this account, saying there was no provocation, making the tasing particularly egregious. Schwaiger suspects that is part of the reason the county was quick to settle, offering an agreement even before a lawsuit was filed.\u003c/p>\n\u003cp>In exchange for $180,000, Benevich agreed to release the county of all liability and agreed to a confidentiality clause: Benevich couldn’t talk about the settlement.\u003c/p>\n\u003cp>“Of course, they didn’t want it to be public record,” said Schwaiger. “The only thing that municipalities hate worse than paying money is bad press.”\u003c/p>\n\u003cp>For two years, the incident remained secret. Schwaiger says that the incident between Benevich and Zaied is exactly what the new transparency law was designed to reveal. However, he worries the onslaught of news stories that have followed the passage of the law detract from the seriousness of each individual case.\u003c/p>\n\u003cp>\u003ca href=\"https://projects.scpr.org/california-reporting-project/\">\u003cimg class=\"alignleft size-thumbnail wp-image-11786993\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png\" alt=\"\" width=\"160\" height=\"155\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-160x155.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-800x777.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1-1020x990.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/crp-alt-logo-1.png 1030w\" sizes=\"(max-width: 160px) 100vw, 160px\">\u003c/a>\u003cem>This story was produced by the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\" target=\"_blank\" rel=\"noopener noreferrer\">California Reporting Project\u003c/a>, a coalition of 40 news organizations across the state. The project was formed to request and report on previously secret records of police misconduct and use of force in California.\u003c/em>\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/11795539/mendocino-county-correctional-sergeant-demoted-after-tasing-handcuffed-inmate","authors":["byline_news_11795539"],"categories":["news_6188","news_8"],"tags":["news_19542","news_2687","news_1982","news_24767","news_25132","news_17656"],"featImg":"news_11795551","label":"news"},"news_11793676":{"type":"posts","id":"news_11793676","meta":{"index":"posts_1591205157","site":"news","id":"11793676","score":null,"sort":[1578013967000]},"guestAuthors":[],"slug":"sf-inmates-reach-tentative-deal-over-jail-sewage-flooding","title":"SF, Inmates Reach Tentative Deal Over Jail Sewage Flooding","publishDate":1578013967,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>San Francisco city officials have reached a tentative agreement to settle a lawsuit with 217 inmates in the county jail where overflowing sewage leaked for more than a year after faulty plumbing burst in late 2016.\u003c/p>\n\u003cp>At the time, hazmat crews evacuated some offices to install a trap device — further backing up sewage, officials said. The sewage began to spill out of toilets and pipes in the jail at the beginning of 2017, continuing until September 2018.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size=\"small\" align=\"right\" citation=\"Stanley Goff, Attorney\"]'It was inhumane. I think that society expects for us to treat dogs better than that.'[/pullquote]\u003c/span>\u003c/p>\n\u003cp>During this time, inmates would often have to clean up the sewage without proper cleaning supplies, said Stanley Goff, a civil rights attorney representing the group. The inmates were also left without access to showers and drinking water for hours since jail staff had to shut off water when flooding occurred.\u003c/p>\n\u003cp>\"Imagine ... you're sleeping, you wake up in the middle of the night\u003cstrong>, \u003c/strong>you hear water, you put your feet down to get out of your bunk and all of a sudden your feet and your socks are soaked in raw sewage, all your stuff has been soiled,\" said Fulvio Cajina, another civil rights attorney representing the inmates.\u003c/p>\n\u003cp>The lawsuit was filed in late 2018 after inmates submitted informal grievances with the county jail to no avail, Goff said.\u003c/p>\n\u003cp>\"It was inhumane,\" he said. \"I think that society expects for us to treat dogs better than that.\"\u003c/p>\n\u003cp>[aside tag=\"jail\" label=\"Related Coverage\"]\u003c/p>\n\u003cp>Cajina said the lawsuit took time to file because many inmates were only in the jail for short periods. Some faced homelessness and mental health issues and were not in the best position to defend their rights, he added.\u003c/p>\n\u003cp>A separate class action lawsuit over the sewage was filed on behalf of seven inmates. Should a settlement be reached, it would include all inmates from both lawsuits.\u003c/p>\n\u003cp>In 2015, supervisors looked into spending $215 million to build a replacement jail due to seismic issues, but the \u003ca href=\"https://www.sfgate.com/bayarea/article/No-new-jail-S-F-supervisors-refuse-to-6700835.php\" target=\"_blank\" rel=\"noopener noreferrer\">plan was rejected\u003c/a>.\u003c/p>\n\u003cp>In October 2019, Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11780884/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021\" target=\"_blank\" rel=\"noopener noreferrer\">announced a plan\u003c/a> to shut down the jail and relocate its inmates by 2021. The order follows years of warnings that the structure could crumble in a major earthquake, though there is no set deadline for the move.\u003c/p>\n\u003cp>The city attorney’s and sheriff's office did not return phone calls and messages seeking comment on the tentative deal over the sewage problems. The Board of Supervisors and the federal court must still approve the final settlement, officials said.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The city reached a tentative agreement to settle a lawsuit with more than 200 inmates who were swamped with sewage for 18 months in the county jail.","status":"publish","parent":0,"modified":1578013967,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":445},"headData":{"title":"SF, Inmates Reach Tentative Deal Over Jail Sewage Flooding | KQED","description":"The city reached a tentative agreement to settle a lawsuit with more than 200 inmates who were swamped with sewage for 18 months in the county jail.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"SF, Inmates Reach Tentative Deal Over Jail Sewage Flooding","datePublished":"2020-01-03T01:12:47.000Z","dateModified":"2020-01-03T01:12:47.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11793676 https://ww2.kqed.org/news/?p=11793676","disqusUrl":"https://ww2.kqed.org/news/2020/01/02/sf-inmates-reach-tentative-deal-over-jail-sewage-flooding/","disqusTitle":"SF, Inmates Reach Tentative Deal Over Jail Sewage Flooding","nprByline":"Audrey Garces, Julie Chang","path":"/news/11793676/sf-inmates-reach-tentative-deal-over-jail-sewage-flooding","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco city officials have reached a tentative agreement to settle a lawsuit with 217 inmates in the county jail where overflowing sewage leaked for more than a year after faulty plumbing burst in late 2016.\u003c/p>\n\u003cp>At the time, hazmat crews evacuated some offices to install a trap device — further backing up sewage, officials said. The sewage began to spill out of toilets and pipes in the jail at the beginning of 2017, continuing until September 2018.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It was inhumane. I think that society expects for us to treat dogs better than that.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Stanley Goff, Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003c/p>\n\u003cp>During this time, inmates would often have to clean up the sewage without proper cleaning supplies, said Stanley Goff, a civil rights attorney representing the group. The inmates were also left without access to showers and drinking water for hours since jail staff had to shut off water when flooding occurred.\u003c/p>\n\u003cp>\"Imagine ... you're sleeping, you wake up in the middle of the night\u003cstrong>, \u003c/strong>you hear water, you put your feet down to get out of your bunk and all of a sudden your feet and your socks are soaked in raw sewage, all your stuff has been soiled,\" said Fulvio Cajina, another civil rights attorney representing the inmates.\u003c/p>\n\u003cp>The lawsuit was filed in late 2018 after inmates submitted informal grievances with the county jail to no avail, Goff said.\u003c/p>\n\u003cp>\"It was inhumane,\" he said. \"I think that society expects for us to treat dogs better than that.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"jail","label":"Related Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cajina said the lawsuit took time to file because many inmates were only in the jail for short periods. Some faced homelessness and mental health issues and were not in the best position to defend their rights, he added.\u003c/p>\n\u003cp>A separate class action lawsuit over the sewage was filed on behalf of seven inmates. Should a settlement be reached, it would include all inmates from both lawsuits.\u003c/p>\n\u003cp>In 2015, supervisors looked into spending $215 million to build a replacement jail due to seismic issues, but the \u003ca href=\"https://www.sfgate.com/bayarea/article/No-new-jail-S-F-supervisors-refuse-to-6700835.php\" target=\"_blank\" rel=\"noopener noreferrer\">plan was rejected\u003c/a>.\u003c/p>\n\u003cp>In October 2019, Mayor London Breed \u003ca href=\"https://www.kqed.org/news/11780884/s-f-mayor-breed-orders-inmates-moved-from-seismically-unsafe-county-jail-by-2021\" target=\"_blank\" rel=\"noopener noreferrer\">announced a plan\u003c/a> to shut down the jail and relocate its inmates by 2021. The order follows years of warnings that the structure could crumble in a major earthquake, though there is no set deadline for the move.\u003c/p>\n\u003cp>The city attorney’s and sheriff's office did not return phone calls and messages seeking comment on the tentative deal over the sewage problems. The Board of Supervisors and the federal court must still approve the final settlement, officials said.\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\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/span>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11793676/sf-inmates-reach-tentative-deal-over-jail-sewage-flooding","authors":["byline_news_11793676"],"programs":["news_72"],"categories":["news_457","news_6188","news_8"],"tags":["news_4750","news_2687","news_5909"],"featImg":"news_11793703","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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