Urgent Action: California DOC reinstates family members' visiting privileges; guts legal aid visitation rights

After much protest against proposed changes to inmate visitation rules that would limit prisoners' contact with family members,
the California Department of Corrections issued revised restrictions revoking those restrictions but adding in new limitations on
prisoners contact with legal aid workers. The new regulations limit attorney- client privilege, baring law students and legal aid
workers who are not lawyers from visitation under this privilege. For prisoners without money (most prisoners), volunteer legal
help from law students and legal aid workers is essential to maintain their access to the courts. The fight against repressive and
inhuman conditions in the prisons relies on this legal access.

ACT NOW: protest the new proposed regulations

Demand that the CDC allow prisoners their constitutionally guaranteed rights to legal representation. Demand that they remove all
new wording of Section 3178 "Attorney Visitations and Consultations" of the proposed changes to Title 15. Demand that a public
hearing take place on these new regulations.

Protest to:
Rick Grenz, Chief Department of Corrections
Regulation and Policy Management Branch
P.O. Box 942883, Sacramento, CA 94283-0001
E-Mail: RPMB@executive.corr.ca.gov
Fax : (916)322-3842, Phone: (916) 322-9702; (916) 324-4331

The rewrite of California DOC visitation policies began in March. MIM issued a petition which we have filled with hundreds of
signatures (all sent to the California DOC) since then. The proposed changes in the Department of Corrections visiting rules made
it very difficult for people to visit their relatives and friends in prison, cutting off visitation entirely for inmates with more severe
sentences. The proposed rules did nothing more than expand the oppression of prisoners while actually increasing recidivism. The
rules would have required preteens to undergo federal background checks before visiting their parents in prison; required all
inmate visitors, including minors, to provide a completed CDC Form 106 and obtain institution/facility approval before being
permitted to visit an inmate; required minors over the age of 7 to present picture proof of identity before being permitted to visit
(only legal Id's, as with adult visitors); and cut off family visits for higher custody and life sentence inmates, those in segregation
or secure housing units, or who have been found guilty of violating certain regulations. These restrictions were clearly counter to
any notion of rehabilitation as studies have shown that regular visits reduce recidivism among prisoners.

According to the San Francisco Chronicle, the DOC received more than 2000 letters of protest in response to these new
regulations. Most of the visitation limiting changes were removed in the second draft of the visitation proposals released in mid-
July. But they were replaced by equally egregious changes which will limit prisoners access to legal help. These regulations
particularly target prisoner-advocacy organizations. Organizations and individuals who work on prisoners appeals and prisoner
rights cases, such as fighting abuse in prisons, rely on law students and legal aids. Even full time employees of attorneys and
students who have been certified by the State Bar of California to do legal work will be denied access to prisoners to discuss legal
issues without an attorney present. Those who can not afford lawyers rely on these services.

Comments from the public can be submitted until August 9 after which the DOC will submit a final version of the proposed
regulations. There will be no public hearing on these new proposed regulations.

According to the San Francisco Chronicle, "Senate President Pro Tem John Burton, D-San Francisco, said he was concerned about
the proposals and was looking into them. Burton, chairman of the Senate Rules Committee, approved the confirmation of Edward
Alameida as director of the Corrections Department in May after Alameida promised to scale back the first proposed rule changes.
'Why do they keep screwing around with these things?' Burton said."

The Department of Corrections works as a part of the Criminal Injustice System as a whole. Prisons in this country are used as a
tool of social control. Building more prisons, restricting prisoners legal access so that they are locked up longer and can not appeal
their sentences, and limiting prisoners ability to fight the daily repression they face behind bars, is a part of the system. We should
not be surprised by the new proposed regulations in California. But it is clear that public protest can affect these regulations. We
successfully removed the family visitation restrictions, now we need to voice our outrage at the proposed limitations on prisoners
access to legal help.

For more information on the conditions prisoners face, including lack of medical care, physical abuse by guards, lack of
educational materials, restricted access to legal research, censorship of mail, and much more, check out the Under Lock and Key
section of MIM Notes (the newspaper of the Maoist Internationalist Movement). Back issues can be found here:
http://www.prisoncensorship.info/archive/etext/mn/index.html.

Notes: SF Chronicle, July 25, 2002


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