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Text Version - Friday, January 22, 2010

Hello and thank you for calling the CCPOA 5150 hotline - today is Friday, January 22, 2010, and here is the latest news from Sacramento.

FURLOUGH NEWS
As many of you heard last week-end, an appeals court granted a stay in the legal fight between state Controller John Chiang and Governor Schwarzenegger. Controller Chiang sought to comply with the ruling of the Alameda County judge that found the furlough plan, as applied to correctional officers, was unlawful. The stay ordered by the appellate court prevents the Controller from restoring full paychecks to Unit 6 members until the appellate court takes action on this matter.

This just in from CCPOA's Executive Vice President Chuck Alexander on the latest legal filings:

CCPOA has filed our legal documents in rebut to the State's latest appeal maneuver of last week. The Court of Appeal ordered us to file on or before the close of business yesterday January 21, 2010. Our attorneys of record on this matter, Carroll, Burdick & McDonough, have filed an excellent rebut to the State's WRIT OF SUPERSEDEAS.

CCPOA's "Opposition To Petition For Writ Of Supersedeas" is now posted on the CCPOA website for your review.

For the latest on the furlough and other related issues, please visit the CCPOA website. We have posted the most recent information and documents regarding the on-going furlough battle as well as a letter from CCPOA's Executive Vice President Chuck Alexander to CDCR Secretary Matt Cate concerning these and other issues of importance to CCPOA members.

CAPITOL NEWS
The Assembly Committee on Accountability and Administrative Review, chaired by Assembly member Hector De La Torre, held its first hearing this week on the out-of-state no-bid contracts for the private prison companies. The Schwarzenegger administration signed these contracts with Corrections Corporation of America totaling over $600 million - paid for by California taxpayers. The facts revealed during the hearing were eye-opening for many members of the committee. Most revealing was testimony from the non-partisan Legislative Analyst's Office (LAO) which showed that the private prison contracts do not save the state any money - and in fact cost taxpayers significantly more.

This is not the type of information the private prison companies were hoping to be revealed to lawmakers and the public. The committee concluded, vowing to hold a follow-up hearing where even more public disclosure will shine a bright spotlight on what one national expert has called, "The dark side of prison privatization."

Also this week, the Senate Public Safety Committee passed SB 408, authored by Senator Alex Padilla to reinstate the ban on violent felons from owning and possessing ballistic body armor. The law enforcement community is united in supporting this common-sense legislation designed to protect law enforcement and the community at large. CCPOA is proud to support this Senator Padilla's legislation which is sponsored by Los Angeles County District Attorney and candidate for state Attorney General, Steve Cooley.

BUDGET NEWS
The California State Sheriff's Association, in addition to a number of individual sheriffs and police chiefs, has been very vocal at the state Capitol recently in their opposition to the Governor's budget plans concerning the transfer of thousands of inmates for housing from state prisons to county jails. Here, in part, is what the sheriffs think of the Governor's plan to require counties to lock up inmates which have traditionally been sent to state prisons:

On behalf of the California State Sheriffs' Association (CSSA), we are writing to express our serious concerns with the recently proposed budget, especially as it relates to the dump on county jails. We are painfully aware of the state's budgetary crisis; however, reducing CDCR's budget by dumping state prison inmates into overcrowded jails - the majority of which have court imposed population caps is unfair, unwise and outright dangerous public safety policy.

Well said, Sheriffs!

EARLY INMATE RELEASE PLANS
The United States Supreme Court issued an order on Tuesday this week preventing the federal 3-judge panel from releasing inmates from California's overcrowded prison system until the nation's highest court rules on the issue later this year. The Governor's office immediately sent out a press release declaring it, "a win for the state because it guarantees there will be no early release of prisoners while the Three-Judge Panel's latest order is appealed . . ."

The next day, the Governor's office announced its own plans to begin the early release of about 6,000 inmates, pursuant to legislation he signed a few months ago.

So much for his "guarantee" that there will be no early releases.

At the same time, the state will stop its parole monitoring of low-level offenders after their release. This plan is designed to reduce the number of parolees returned to prison, essentially because the state will not know if they are violating the terms of their parole, and even if the state were to find out about such violations, no return to custody for these violations would occur.

CDCR NEWS
There have been a number of changes in CDCR's leadership announced by the Governor's office this week.

New Wardens:
Kathleen Dickinson of Vacaville has been appointed warden of the California Medical Facility (CMF). She has been chief deputy warden of CMF since 2007.

Kelly Harrington of Bakersfield has been appointed warden of Kern Valley State Prison, where he has served as acting warden since 2008.

Michael McDonald of Susanville has been appointed warden of High Desert State Prison (HDSP). He has served HDSP as acting warden since 2008 and chief deputy warden since 2006.

Also, Mike Martell, former Warden at California Rehabilitation Center in Norco has assumed the duties of acting Warden at CSP-Los Angeles County in Lancaster.

Other CDCR appointments this week included:
Robert Ambroselli as director of the Division of Adult Parole Operations and Steven Caruso as assistant secretary for labor relations for CDCR. George Giurbino was also appointed director of the Division of Adult Institutions; Elizabeth Siggins as chief deputy secretary for adult programs and Richard Subia has been appointed deputy director for the Division of Adult Institutions.

PRIVATE PRISONS
It's been another rough week for Corrections Corporation of America, the Schwarzenegger administration's favorite private prison company. The for-profit prison company from Nashville, Tennessee was notified by the state of Arizona that it will likely lose contracts to house that state's prisoners in Colorado and Oklahoma. This bad news for the company comes on the heels of it losing a federal contract last week in California City and being forced to close its prison in Appleton, Minnesota due to declining inmate populations. In total, CCA had acknowledged that if it is not able to find new "customers" it will have more than 6,800 vacant beds as a result of these recent acts. The stock market responded swiftly and CCA lost about 10% of its value in just one day!

Couldn't happen to a nicer company. Wonder what will happen to stock prices when the Wall Street brokers hear about the Legislative hearing this past week in Sacramento and word gets out that despite their boisterous claims, it is demonstrated that prison privateers do not save taxpayer money?

We'll keep you posted.

Meanwhile, Geo Group, another private prison company with close ties to the Schwarzenegger administration, is looking to profit off the Haitian earthquake catastrophe by ramping up their operations in southern Florida and at Guantanamo Bay, where they have the contract for prison operations.

Geo Group of Boca Raton, Florida has been mentioned in numerous press articles this week as a company that will profit from locking up Haitians who attempt to flee their homeland in the wake of the damage, danger and disease caused by the recent earthquakes on that island nation. While the rest of America is holding fund-raisers and donating cash, equipment and supplies to help the devastated Caribbean nation, GEO plans a profitable private prison reception for Haitian refugees attempting to save themselves and their families.

Despite the constant barrage of negative news about private prisons across the country, a number of Capitol insiders believe that the Schwarzenegger administration will quietly sign new contracts this legislative session with his private prison buddies who just happen to be large campaign contributors. We'll let you know what's going on with the privateers in California as soon as possible.

PAROLEES
A 68-year-old parolee, suspected of being the "stun gun bandit" was arrested after he allegedly robbed a bank where he had an account. During the robbery, the suspect shocked a clerk with a stun gun, earning him the name "stun gun bandit." He was on parole for a previous bank robbery and is being held without bail.

A 28 year old parolee was taken into custody after fleeing a disturbance in a stolen car and hiding out in a basement. The parolee was also wanted on domestic violence charges.

A 34-year-old Chino gang member, who was wanted for a parole violation, committed suicide by shooting himself at an Ontario house while officers surrounded the building. The SWAT team entered the house at 1 a.m. today and found the body of the dead parolee who had barricaded himself in the attic and opened fire with a handgun.

Police are searching for a 49 year old parolee with a long criminal history who they believe strangled a 69-year-old man last year and whom they consider armed and dangerous. His criminal history includes robbery, assault with a deadly weapon, witness intimidation, forgery, arson, willful cruelty to a child and escape from prison. He's wanted now in connection with the strangulation death in July of a former top pipeline safety engineer with the Office of the State Fire Marshal.

Also, a K9 deputy pulled over a 47-year-old man driving in Escondido. The driver was a wanted parolee and a search of the car yielded various drugs. A search of his home turned up large amounts of jewelry, two loaded handguns, several knives and more drugs. The parolee was arrested.

COST SAVINGS
An officer wrote in this week with his cost saving ideas. He says that there are inmates with savings and checking accounts with lots of money saved and that the state should charge these individuals for state costs incurred, including medical. He argues that the state should charge inmates for the all, or at least a portion of, the public costs. Nothing's for free, he adds.

Also, an officer at SAFT had a similar idea about cost savings. He suggests that when an inmate sues the state or any entity and wins a monetary award, the state should attach a lien on the funds and require the inmate to partially off-set the public costs of incarcerating him, as well as contributing to the victim restitution fund.

Every little bit helps.

Thanks for your suggestions and please remember to forward to CCPOA anything you see at your prison that could be classified as wasteful of taxpayer dollars. You can send your comments to ryan.sherman@ccpoa.org.

Also, if you have any staff assaults at your prison, please forward your information to nichol.gomez@ccpoa.org.

That's it for this week. We'll continue to stay on top of things and keep you informed. Look for updates each Friday. We will also provide additional updates to the budget as information becomes available.

Thanks for calling the 5150 hotline and have a safe shift.

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CMC CCPOA Board Of Directors

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LINKS/DOWNLOADS

Department Operations Manual (DOM) Electronic Copy - Updated through 12/31/06

RALPH C. DILLS ACT
(STATE EMPLOYER-EMPLOYEE RELATIONS)
AS OF JANUARY 1, 2005

* CCPOA Legal Defense*
Toll Free-(800) 882-9906
Fax- (916) 372-9805

* CCPOA Benefit Trust*
(800) IN UNIT 6
Fax- (916) 372-2224

 

* Employee Assistance Program*
(866) 327-4762

* Correctional Peace Officers Foundation*
(800) 800- CPOF

*California State Auditor's* Whistleblower's Hotline:
(800) 952-5665

CDC's Worker's Compensation Fraud Hotline
(866) 426-6412
or
(916) 327-3490

DPA Web Site

SPB Web Site

Calif. Public Employment Relations Board

 

California Department of Corrections and Rehabilitation.