He applied for release months ago under the third program for early-releases. Pete remarked that “The state is notorious for ignoring time limits on everything.”, He added, “Once a ruling is made, I will be allowed to file an action in court. The city of Chillicothe's population is about 25,000, with the population of Ross County—home of most OUC students—approaching 75,000. https://calmatters.org/wp-content/uploads/2020/12/Expedited-release-demographics-to-Nov.-25.pdf, https://www.cdcr.ca.gov/covid19/frequently-asked-questions-expedited-releases/, https://prisonlaw.com/wp-content/uploads/2020/09/20.09.22-COVID-19-info-letter-FULL.pdf, https://prisonlaw.com/wp-content/uploads/2020/10/20.10.12-COVID-19-info-letter-full.pdf. T he state prisons are about 20,000 people over capacity, according to the most recent data . The state’s prison population dropped by nearly … He also cited government code 8658, which states that “In any case in which an emergency endangering the lives of inmates of a state, county, or city penal or correctional institution has occurred or is imminent, the person in charge of the institution may remove the inmates from the institution.”. As of April, there have been 316 male and 676 female completions as part of this program. Assuming I can find the legal representation to assist me.”, Before incarcerated people accept a court action, the courts require them to first try out every other administrative remedy they can find. The purpose of releasing inmates early is “to amplify actions to protect staff and inmates at the state’s prisons from the spread of COVID-19,” prison officials said. The screening includes asking an individual if they have a cough, fever and/or difficulty breathing, and taking their temperature, according to an agency statement. Early-release consideration for some age 65 or above or COVID-19 high-risk. Since the start of the pandemic, nearly 2,500 inmates have tested positive for the virus as well as more than 500 staff members. ... excitement mark end of early voting. He said, “My case is second-degree murder stemming from a drunken fight back in 1983.” He added that he fired his gun in self-defense and “had no idea that anyone had even been shot, let alone actually died” until the morning after the fight. With his heart and respiratory conditions, he is high-risk for developing complications associated with COVID-19. Pete was caught with a few cell phones over the years. This is another example of the contradictions in the system. CDCR implemented a range of early-release programs and expanded credit opportunities to reduce prison populations. Early-release consideration for some age 65 or above or COVID-19 high-risk. The Davis Vanguard recently investigated the widespread delays in applying or processing time-served or positive programming credits, which could have resulted in expedited releases for many. TOTAL POPULATION: As of Dec. 23, the total in-custody population was 95,897, and the total prison population 91,021, a reduction of 23,297 since March 11. Since mid-March, CDCR has released roughly 8,000 eligible inmates in order to help reduce prison populations. The program for those with 180 days or less remaining on their sentence is on-going. If a person is serving an indeterminate sentence, and the Secretary believes they should be released, the case is sent to the Governor with a recommendation for clemency, and the Governor makes the final decision. FRESNO, Calif. (KFSN) -- Gov. The People's Vanguard of Davis With the pandemic ravaging San Quentin, his consistent rehabilitation, medical conditions, and time served, Pete’s case deserves to be re-evaluated for expedited release. The California Department of Corrections and Rehabilitation (CDCR) will begin releasing inmates July 1, if they meet certain conditions. 2020-11-16 Laurelville, OH Daily News. He says this caused the Parole Board, which typically comprises people from victim’s rights commissions or ex-law enforcement, to determine that he was an unreasonable risk to public safety. However, this was seen as unfair because people who committed the same offenses at different time periods, could serve different sentences. Early-release consideration for some age 65 or above or COVID-19 high-risk. CDCR denied his request, writing that his violent offense and his indeterminate term of incarceration made him ineligible for early release. He has been incarcerated since 1983 and eligible for parole since 1997. Then, the pandemic hit, and the corrections department began several COVID-19 early release programs in July. “There is a big difference between manslaughter and murder,” he says. Since February 2020, CDCR has released approximately 10,000 inmates early. Gavin Newsom and the California Department of Corrections and Rehabilitation (CDCR) announced new programs that will allow for the early release … "Despite our efforts to head off COVID-19 through comprehensive testing, treatment protocols, physical distancing, and sanitation, currently nearly 2,500 incarcerated people have tested positive, as have more than 500 staff members," Diaz stated. Estimates of 8,000 inmates could be eligible for release by end of August, in addition to the state’s reduction of about 10,000 persons since the start of the pandemic. Man Convicted In Fatal Coronado Bridge Crash Slated For Early Release Nov. 4, 2020; DA Announces Shelter Space Locator Program For DV, Sex Assault Victims Oct. 6, 2020… Speedway, Ind ~ The American Rally Association, presented by AMSOIL and the event organizers are excited to finally restart the 2020 season. He has two places to stay upon his release, as well as a job. The Ohio University Chillicothe campus, founded in 1946, is the oldest regional campus of Ohio University. granted parole, but Gov. If the person has persistent asthma, chronic lung disease, diabetes, heart disease, HIV, AIDS, morbid obesity, pregnancy, or other high risk chronic conditions, they get one point. To be considered for COVID-19 high-risk release, one would have to score four points or higher through the California Correctional Health Care Services’ (CCHCS) points system. With his heart and respiratory conditions, he is high-risk for developing complications associated with COVID-19. It is unclear if any indeterminately sentenced individuals were considered and/or released. Before Gov. Pete wrote in his appeal that he meets all of these conditions. Additionally, inmates must have a housing plan in place and will remain under close supervision for the duration of their sentence. Citing his own medical conditions, he applied for high-risk medical release. While some who were eligible may have been released under the 180-day or 365-day programs, they all were determinately sentenced. Whereas, indeterminately sentenced people undergo risk assessments that rank them as low, medium or high risk to public safety prior to determining if they are suitable for parole. Then, the pandemic hit, and the corrections department began several COVID-19 early release programs in July. In addition to the inequality in sentencing for similar offenses, there are inconsistencies in sentencing for offenses with varied severity. If the person has advanced liver disease, high risk cancer, chronic obstructive pulmonary disease, immunocompromised, they get two points. Community supervision is available to inmates who have 180 days or less to serve on their sentences. Since 2006, The Vanguard has provided Davis and Yolo County with some of the best groundbreaking news coverage on local government and policy issues affecting our city, our schools, the county, and the Sacramento Region. Pete Smith is currently serving 20 years to life at San Quentin for second-degree murder. The majority of releases occurred under the first two categories. . In addition to the inequality in sentencing for similar offenses, there are inconsistencies in sentencing for offenses with varied severity. He has spent years working on himself, his education, and his case. According to Pete, the circumstances of his case would put him at serving nineteen years. Cruz’s release is one of the latest efforts made by the CDCR to reduce its inmate population. Sheyanne Romero covers Tulare County public safety, local government and business for the Visalia Times-Delta and Tulare Advance-Register newspapers. The next event is the Southern Ohio Forest Rally (SOFR) scheduled for Saturday, July 18. SLO Co. DA weighs in on possible early release of 8,000 prisoners due to COVID-19 ... but did say 91 inmates were initially scheduled for release from there as part of the program. If a person is serving a determinate sentence, the Secretary decides if they should be released. The Vanguard provides the Davis Community with incisive in-depth coverage of local government on a wide variety of issues. For Immediate Release: June 15, 2020 . With the pandemic ravaging San Quentin, his consistent rehabilitation, medical conditions, and time served, Pete’s case deserves to be re-evaluated for expedited release. His original release date was 9/10/2020, right about the time when CDCR was releasing inmates early due to COVID19; he should have been one of those inmates released. Brown enacted California’s Uniform Determining Sentencing Act in 1977, all offenses were given indeterminate sentences. Pete’s appeal was due on October 26, yet nearly two months later, there has been no ruling on it. CCHCS weighs COVID-19 risk by allocating points for various health factors. "To those whose loved ones have passed away, I extend my deepest condolences on behalf of CDCR and CCHCS," Diaz stated. The majority of releases occurred under the first two categories. 1959 - "Medical Model" Gained Traction In the late 1950's and into the 1960's, the "Medical Model" became the predominant theory in corrections. In July, he developed mild symptoms and tested positive. the widespread delays in applying or processing time-served or positive programming credits, which could have resulted in expedited releases for many. He has been eligible for parole since 1997, but “, you must be found suitable by the parole board in order to be released.” In 2011, Pete was. He was sent to solitary confinement for sixty days, despite, Even though he was already infected with COVID-19, there is still a. . So far, two staff members and 17 inmates have died. A psychological evaluation prior to release was not mandated. Later, the Prisoner Rehabilitation Act would be passed, enabling work release programs to be established. He said, “My case is second-degree murder stemming from a drunken fight back in 1983.” He added that he fired his gun in self-defense and, “had no idea that anyone had even been shot, let alone actually died”. California Letting Out More Prisoners Over COVID in Second Wave of Early Release Program. ... Battle of top running backs headlines local football finale for 2020. He was sent to solitary confinement for sixty days, despite CDC recommending a fourteen-day quarantine. Further, he argues that the “risk assessment” is arbitrary as it relies on the opinion of the Parole Board and can easily be overturned by the governor. He has been eligible for parole since 1997, but “you must be found suitable by the parole board in order to be released.” In 2011, Pete was granted parole, but Gov. California is releasing some prisoners early to stem the spread of the coronavirus in the Golden State’s jails. The rate of 485 tests per 1,000 people is … Even though he was already infected with COVID-19, there is still a chance for reinfection. A Los Angeles County Sheriff's Department van enters the Twin Towers Correctional Facility in Los Angeles on April 1, 2020. Pete has been working on his rehabilitation for so long, he believes he is not a risk to society anymore. The California Department of Corrections and Rehabilitation will continue the early release of some inmates to help stop the spread of COVID-19. While Pete was indeterminately sentenced for second-degree murder, he has “, personally met people who have committed a kidnap, rape, first degree murder and were released after twenty six years.”, There is a difference between being eligible and being suitable for parole, Pete added. Beginning July 1, the agency will implement a community supervision program. Since then, CDCR has mostly released people with 180 days or less on their sentence, suspending its one-year release program. Earlier last month, the California Department of Corrections and Rehabilitation (CDCR) announced its decision to release as many as 17,600 inmates early to … As of Sunday, San Quentin had completed 1,198 tests, Dana Simas, a spokeswoman for the CDCR, said in an email. CDCR Announces Additional Actions to Reduce Population and Maximize Space Systemwide to Address COVID-19. CDCR rejected his request. The Davis Vanguard recently. Under CDCR’s early release plan, inmates aren’t tested but rather screened immediately before release for symptoms of influenza-like illness, including COVID-19. The majority of releases occurred under the first two categories. CDCR says it’s working up an estimate of how many inmates qualify for early release. 180 days or less to serve (all prisons), 2. Valenzuela was granted early release by CDCR on July 27, 2020 prior to completing his 32-month sentence. As of Oct. 7, over six thousand people were released from CDCR custody under its three early-release programs — 91 percent of them had less than 180 days on their sentence. Diaz said there is no time in place for when the agency plans to resume visitation. The jail birds will be sprung starting July 1, according to the California Department of Corrections and Rehabilitation. Instead he went before the parole board, and his release date pushed out to January 2021, which made him ineligible for early release. Earlier last month, the California Department of Corrections and Rehabilitation (CDCR) announced its decision to release as many as 17,600 inmates early to … Over the summer, jails and prisons released thousands of inmates through early release programs. July 10, 2020. In early-October, CDCR ended two of the three early-release programs, for COVID-19 high-risk individuals and those with less than 365 days on their sentence respectively. Pete suffers from a chronic heart condition and previously had a heart attack, making him high-risk for COVID-19. New Senate Plan For Ohio’s Ed Choice Program. The man, 59 year-old Cary Jay Smith, had also made claims of killing three children and molesting over 200, and news of his release came to the dismay of Nguyen’s constituency. However, before inmates are released, they are offered COVID-19 testing within seven days of their anticipated release. 18 Jun 2020 11:17 am. These programs include: Custody to Community Transitional Re-entry Program (CCTRP). 365 days or less to serve (select prisons), and 3. 365 days or less to serve (select prisons), and 3. California to release 8,000 inmates early in coming weeks to clear space amid coronavirus | The Sacramento Bee ... 2020 07:05 AM, ... CDCR estimates the 180-day release program … Brown enacted California’s Uniform Determining Sentencing Act in 1977, all offenses were given. In July, CDCR established three early-release programs: 1. Subscribe today. The purpose of releasing inmates early is “to amplify actions to protect staff and inmates at the state’s prisons from the spread of COVID-19,” prison officials said. After 180 days — or once their sentence is complete — the offender will either remain on parole, be transferred to county post-release community supervision, or discharge from their sentence. The first 3,500 inmates were freed in April to create space in crowded prisons and 6,900 more were deemed eligible for release in early July, totaling 10,400 releases. Get alerts and keep up on all things Tulare County for as little as $1 a month. "My heart breaks for their families, and I pray every day for them and for all who are fighting this disease. The CDCR Secretary only recommended that the Governor grant a sentence reduction to 12 people under the high-risk category. About 65 miles west of Athens, the Chillicothe campus serves a large, sparsely populated area of south-central Ohio. However, “The fact that [my] case occurred in 1983 shows that the board has a little regard for [their calculations] or their own rules and regulations,” he said. A psychological evaluation prior to release was not mandated. Due to the pandemic, jails and prisons across California have struggled with overcrowding, making social distancing challenging. “As a law enforcement official tasked with keeping our citizen’s safe, this makes me angry,” said Stanislaus County Sheriff Jeff Dirkse.” “Valenzuela was not scheduled to be released until December 13, 2020. Months ago, he appealed CDCR’s decision that rejected his early-release request based on his medical classification. Friday, July 10, 2020 FRESNO, Calif. -- Gov. As of February 5, 2020, CDCR was responsible for a total of 123, 500 i nmates—118, 000 m ale inmates and 5,500 female inmates. Meanwhile, Governor Newsom announced that he is granting 21 commutations and 13 pardons. In July, CDCR established three early-release programs: 1. California is planning to release … 365 days or less to serve (select prisons), and 3. Whereas, indeterminately sentenced people undergo risk assessments that rank them as low, medium or high risk to public safety prior to determining if they are suitable for parole. Ohio sees record number of hospitalizations, 55 percent increase from 2 weeks ago. As of Oct. 7, over six thousand people were. While Pete was indeterminately sentenced for second-degree murder, he has “personally met people who have committed a kidnap, rape, first degree murder and were released after twenty six years.”. If an inmate tests positive, CDCR … Pete Smith is currently serving 20 years to life at San Quentin for second-degree murder. 180 days or less to serve (all prisons), 2. “However, if enough time has elapsed past the due date, the courts will consider that an exhaustion of administrative remedies.”. In July, he developed mild symptoms and tested positive. The program is designed to help protect staff and inmates from contracting COVID-19. However, before inmates are released, they are offered COVID-19 testing within seven days of their anticipated release. As of now, Pete is still waiting to hear the court’s ruling on his appeal to grant him medical release. In contrast, indeterminate sentences do not include a specific number of years, instead, they are worded, for example, as “ten years to life.” The Parole Board determines if they have rehabilitated sufficiently and, Before Gov. Updated: Officer Responsible for Search Warrant of Breonna Taylor’s Home Terminated, Commentary: Let’s Call This What It Is – Actual Insanity, Letter: A Research Park Would Create Jobs and Spur the Local Economy, Ohio Cop Fired for Killing of Unarmed Black Man Just Before Christmas, Facing 8-10 Years in Prison, Defendant Instead Takes on Year-Long Program, Good and Bad News: Defendant’s Cases Could Resolve Soon – But He’s Still in Jail, The Vanguard January-February 2020 Wrap Up, Commentary: Lawsuit against Aggie Square Shows It’s Not Just Davis, Guest Commentary: L.A. and S.F. If the person is age 65 or older, they get four points. This put Pete in a precarious position as he is medically vulnerable, has worked hard to rehabilitate himself through education programs, yet his request was denied due to the nature of his sentence. Your California Privacy Rights/Privacy Policy. Gavin Newsom and the California Department of Corrections and Rehabilitation announced (CDCR) announced new programs that will allow for the early release … Brown reversed the decision because the victim’s family opposed it. Under determinate sentencing, a person is released after a fixed number of years, and does not need to undergo a risk assessment to identify if they are a threat to public safety. He has been incarcerated since 1983 and eligible for parole since 1997. POPULATION CASES: There are 8,809 incarcerated persons with active cases of COVID-19 statewide. To view more detailed case and testing information, see the CDCR and CCHCS Patient … from CDCR custody under its three early-release programs — 91 percent of them had less than 180 days on their sentence. However, Smith was not under the jurisdiction of the CDCR and was not released under any early release program. After the Parole Board determines that a person is suitable, they calculate the time they will serve. In addition to the Parole system failing him, he has also been failed by the early-release system. In California, there are two types of sentencing – determinate and indeterminate sentences. In July, the CDCR announced that have it right: No children should be prosecuted as adults, Enter the maximum amount you want to pay each month. There is a difference between being eligible and being suitable for parole, Pete added. The California Department of Corrections and Rehabilitation (CDCR) has other programs beyond ACP for short-timers seeking an early return to their community. Davis, CA 95617 Phone: (916) 970-3131 As of June 24th, state courts are reviewing approximately 3,500 more people who have been identified for early release from prisons in response to COVID-19. Pete suffers from a chronic heart condition and previously had a heart attack, making him high-risk for COVID-19. 180 days or less to serve (all prisons), 2. Pete has been in prison for nearly forty years for a conviction he believes is unjust. The state also hasn’t awarded credits towards early release — which over the summer led to about 2,100 people released early, according to CDCR’s estimates. For those with loved ones inside, please know our staff are working around the clock, in tandem with public health experts, to keep them safe.". When questioned about why early releases aren’t happening as much as they did over the summer, CDCR attorneys argued that the “discretionary early-release program was … : 1. Indeterminate sentencing was meant to reward rehabilitation but it has steered far from this goal. About a decade ago, Pete suffered a heart attack due to a blocked artery. Brown reversed the decision because the victim’s family opposed it. COVID-19 Information December 24, 2020 Update. For Pete, since his minimum eligible parole date (MEPD) was in 1997, he believes that “there is no such thing as “early-release” for anyone who has reached or exceeded their MEPD.” Yet, he is continuing to advocate for expedited release based on his medical conditions. Under the third program, the Board of Prison Hearings provides a written report to CDCR about each of the 6,500 plus eligible people. Pete has spent almost two decades in prison reforming himself, by working a job and earning his GED. Follow her on Twitter @sheyanne_VTD. On July 10, 2020, CDCR officials announced additional action that would release another 8,000 inmates by the end of August 2020. However, this was seen as unfair because people who committed the same offenses at different time periods, could serve different sentences. During his interview, Pete explained how the system has failed him and others. This is another example of the contradictions in the system. Despite proving that he does not threaten public safety, CDCR’s decision highlights deep flaws in California’s indeterminate sentencing and parole system. info@davisvanguard.org, The Vanguard March-April 2020 Wrap Up | Davis Vanguard, Updated: Officer Responsible for Search Warrant of Breonna Taylor's Home Terminated | Davis Vanguard, © 2020 The People’s Vanguard of Davis  |  Sacramento Website design and Implementation by, CDCR implemented a range of early-release programs and expanded credit opportunities to reduce prison populations. Currently, 1,321 inmates have recovered from COVID-19. On the contrary, if a determinately sentenced person is caught with a cell phone, they only lose ninety-days of good-time credit. Further, to be considered for COVID-19 high-risk release, one must have a risk score of four or higher, not be serving life without parole, have a risk assessment identifying them as low risk for violence, and must not be a high-risk sex offender. However, those who are medically vulnerable and indeterminately sentenced, or “lifers,” are facing an entirely unique challenge regarding early releases. About a decade ago, Pete suffered a heart attack due to a blocked artery. Visitation and inmate programs have been suspended since mid-March. If an inmate tests positive, CDCR works with state and local public health and law enforcement officials to find housing for that person, according to state officials. Although 6,500 people were eligible for consideration under the high-risk program, CDCR ultimately considered only 1,335. Citing his own medical conditions, he applied for high-risk medical release. Due to the on-going COVID-19 Pandemic, this year’s event will be unique, with many changes from the traditional format. Inmates who have served time for domestic violence, or a violent or serious crime, or are required to register as a sex offender do not qualify, according to state officials. 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