Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legal Help! > Legal Appeals
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Legal Appeals Post questions or information about appeals in this forum.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-28-2010, 05:06 AM
Mrs.Taylor's Avatar
Mrs.Taylor Mrs.Taylor is offline
Mrs. Taylor
 

Join Date: May 2008
Location: CA, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default CDCR Appeal process for VISITORS!

I need guidance as to how the appeal process for visitors works!!! I was suspended from visiting my Husband in May after our 1st. FamVisit at CCI...we accidently mixed up our razors while throwing all our stuff into our bags...stupid mistake, but a mistake. My Hubsands 115 was dropped to a 128-a, while I received a 6mo. suspension of ALL visits, at which time I may re-apply for visiting status. SOO, I wrote the warden who forwarded my appeal to the senior officer responsible for my suspension in the first place - which of course he denied. When I contacted him, he basically said you've made your appeal and I denied it...that's that! WTF?? I can't submit a 2nd appeal? I really need to know if anyone has any thoughts as to if this is the correct procedure or what, if so what the next step maybe & opinion's on the matter!

ManyThanks!!
BonezWife
Reply With Quote
Sponsored Links
  #2  
Old 06-28-2010, 05:37 PM
Patrickj's Avatar
Patrickj Patrickj is offline
Registered User
 

Join Date: Aug 2006
Location: Stockton CA. USA.
Posts: 1,771
Thanks: 278
Thanked 645 Times in 397 Posts
Default

Quote:
Originally Posted by Mrs.Taylor View Post
I need guidance as to how the appeal process for visitors works!!! I was suspended from visiting my Husband in May after our 1st. FamVisit at CCI...we accidently mixed up our razors while throwing all our stuff into our bags...stupid mistake, but a mistake. My Hubsands 115 was dropped to a 128-a, while I received a 6mo. suspension of ALL visits, at which time I may re-apply for visiting status. SOO, I wrote the warden who forwarded my appeal to the senior officer responsible for my suspension in the first place - which of course he denied. When I contacted him, he basically said you've made your appeal and I denied it...that's that! WTF?? I can't submit a 2nd appeal? I really need to know if anyone has any thoughts as to if this is the correct procedure or what, if so what the next step maybe & opinion's on the matter!

ManyThanks!!


BonezWife

Mrs. Taylor
Here are the procedures that should be followed Since you have received your decision from the staff member you now need to direct another letter to the Warden . Then get his/hers response in writing before you can proceed to the next level make copies of all letters received and forward copies with any new information to the next level. I will try and get you more details , but this will get you started


A visitor who wants to appeal a visiting
policy or decision must send a letter to the Warden (if the appeal concerns a decision made by
institution staff or a local practice) or the CDCR Director (if the appeal concerns a department wide
policy). The letter should describe the problem and state that it is an appeal of a visiting issue pursuant to CDCR rules. The Warden must provide a written response within 15 working days; a Warden’s decision can then be appealed by writing a letter to the CDCR Director and
attaching a copy of the Warden’s response. The Director has 20 working days from the date theappeal is received to provide a written response. (15 CCR § 3179(b) and (c).) A visitor who
follows this appeal process will almost always be able to present the issue for consideration atthe highest level of review
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following User Says Thank You to Patrickj For This Useful Post:
  #3  
Old 06-29-2010, 04:01 AM
Mrs.Taylor's Avatar
Mrs.Taylor Mrs.Taylor is offline
Mrs. Taylor
 

Join Date: May 2008
Location: CA, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Patrick - you are possibly the best ever!!! Seen your work in the best and you are always spot on!!! MANY THANKS! The Ombudsman's contacted me this morning and directed me to forward my appeal to the Director, because my initial appeal (which was sent to the Warden) was heard and decided by the Lt. who heard my appeal and handed down a denial..


Any other information you have would be much appreciated!!!!!

Thank You Again!!!

Mrs. Taylor
Reply With Quote
  #4  
Old 06-29-2010, 08:08 PM
Patrickj's Avatar
Patrickj Patrickj is offline
Registered User
 

Join Date: Aug 2006
Location: Stockton CA. USA.
Posts: 1,771
Thanks: 278
Thanked 645 Times in 397 Posts
Default

Quote:
Originally Posted by Mrs.Taylor View Post
Patrick - you are possibly the best ever!!! Seen your work in the best and you are always spot on!!! MANY THANKS! The Ombudsman's contacted me this morning and directed me to forward my appeal to the Director, because my initial appeal (which was sent to the Warden) was heard and decided by the Lt. who heard my appeal and handed down a denial..


Any other information you have would be much appreciated!!!!!

Thank You Again!!!

Mrs. Taylor
Looks like you pretty well are at your next level. Personally I don't agree with how the Warden handled his end, but that is just my two cents worth. I would have thought the Warden would have ask the visiting Lt. about this matter then formed his own opinion. Which would have been the same as the Lt. ( good ole boys must stick together lol)
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following User Says Thank You to Patrickj For This Useful Post:
  #5  
Old 07-05-2010, 04:20 AM
Mrs.Taylor's Avatar
Mrs.Taylor Mrs.Taylor is offline
Mrs. Taylor
 

Join Date: May 2008
Location: CA, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

hehehe I LOVE IT!!! ---so the saga continues, Hubz was called to visit this weekend and told to cease and dastssssiiissstt! OR I may never get my visits back. WOW! then he was told...file a CitzensComplaint! That's something else!
Reply With Quote
  #6  
Old 07-05-2010, 05:58 PM
Patrickj's Avatar
Patrickj Patrickj is offline
Registered User
 

Join Date: Aug 2006
Location: Stockton CA. USA.
Posts: 1,771
Thanks: 278
Thanked 645 Times in 397 Posts
Default

Quote:
Originally Posted by Mrs.Taylor View Post
hehehe I LOVE IT!!! ---so the saga continues, Hubz was called to visit this weekend and told to cease and dastssssiiissstt! OR I may never get my visits back. WOW! then he was told...file a CitzensComplaint! That's something else!

Your husband doesn't do a citizen's complaint you would have to do that. His only avenue is the 602 process You can review the citizen's complaint process in the Title 15 and in D.O.M ( Department Operation Manual) You can find the links here http://www.cdcr.ca.gov/Regulations/Adult_Operations/index.html
Review Chapter 5 of D.O.M Check any change they may have made also to D.O.M or the Title 15
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following User Says Thank You to Patrickj For This Useful Post:
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 11:59 AM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2013, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics