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CDCR - What You Need to Know Information relating to the California Department of Corrections & Rehabilitation. Q&A for those new to the CDCR system should be posted here.

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  #1  
Old 11-03-2019, 11:28 AM
Halo527 Halo527 is offline
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Default Extra Punishment for 2 Serious Rule Violations in 6 months

My son had 2 115's within a 6 month period. He was transferred from Shafter to Corcoran. He saw Committee at Corcoran and he was given 1 month of a soft "C" status as a punishment. He was still able to have visits.


Corcoran sent him to No Kern. He saw Committee at NK at the Lieutenant gave him a 150 day punishment of a Hard C status - no tv, phone, visits, 2 hours of yard a day, $55 per month commissary. When he tried to tell the Lt. that he had already received a punishment at Corcoran, the guy went off on him, yelling and using expletives and told him to get out of the room. My son swears that he was careful not to be rude to the guy).


I found one article from a prisoner on the internet that says that CDCR does have a rule where when you have 2 violations in a six month period that this does apply.


My son is going to file an appeal and I'm going to call the Counselor. I don't understand why if he already had a punishment he now gets a second one. Also, wouldn't they take the month of the first punishment off of this one?


Has anyone heard about this and do you have any advice for us?


Halo
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Old 11-03-2019, 07:02 PM
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I don't know if this will help, but see pages 157+ for Title 15 on Inmate Discipline:


https://www.vsp-ifc.org/Title15_2018%20(1).pdf
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Old 11-04-2019, 10:35 AM
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Originally Posted by Halo527 View Post
My son had 2 115's within a 6 month period. He was transferred from Shafter to Corcoran. He saw Committee at Corcoran and he was given 1 month of a soft "C" status as a punishment. He was still able to have visits.


Corcoran sent him to No Kern. He saw Committee at NK at the Lieutenant gave him a 150 day punishment of a Hard C status - no tv, phone, visits, 2 hours of yard a day, $55 per month commissary. When he tried to tell the Lt. that he had already received a punishment at Corcoran, the guy went off on him, yelling and using expletives and told him to get out of the room. My son swears that he was careful not to be rude to the guy).


I found one article from a prisoner on the internet that says that CDCR does have a rule where when you have 2 violations in a six month period that this does apply.


My son is going to file an appeal and I'm going to call the Counselor. I don't understand why if he already had a punishment he now gets a second one. Also, wouldn't they take the month of the first punishment off of this one?


Has anyone heard about this and do you have any advice for us?


Halo

Your son needs to provide documentation from the other hearing at the other facility. He will need to 602 the last Lt. decision . Reason being he has already received punishment for the offense . Your son may need to file Form 22 to review what is in his file . I hope he has his paper work to fight this double punishment. To bad if the Lt. gets pissed off what is in the record is the facts.
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Old 11-06-2019, 08:42 PM
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Actually, this is what happens.
By the time that your son files the appeal, and it gets past the prison staff appeals process (They will 100 percent deny it on purpose) and makes it to Sacramento for a decision, more than 6 months elapse. This is how cdcr disciplines inmates who they deem to be program failures and there is nothing that can be done. CDCR punishes by findings of guilt by the "preponderance of evidence" standard (Kangaroo Court) and then C status is guaranteed with two back to back 115's.
There isnt any remedy because even if you win you still lose.
This is how CDCR works and the public doesnt care.
You are punished first and a "sorry" comes later if they are wrong.
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Old 11-06-2019, 08:52 PM
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Originally Posted by PapaSmurf View Post
Actually, this is what happens.
By the time that your son files the appeal, and it gets past the prison staff appeals process (They will 100 percent deny it on purpose) and makes it to Sacramento for a decision, more than 6 months elapse. This is how cdcr disciplines inmates who they deem to be program failures and there is nothing that can be done. CDCR punishes by findings of guilt by the "preponderance of evidence" standard (Kangaroo Court) and then C status is guaranteed with two back to back 115's.
There isnt any remedy because even if you win you still lose.
This is how CDCR works and the public doesnt care.
You are punished first and a "sorry" comes later if they are wrong.

I did federal time, but this sums up very well why I gave up my life of crime. NOTHING is worth having to live such a life. NO get rich quick plan is worth it.
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Old 11-07-2019, 11:19 AM
Halo527 Halo527 is offline
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Quote:
Originally Posted by PapaSmurf View Post
Actually, this is what happens.
By the time that your son files the appeal, and it gets past the prison staff appeals process (They will 100 percent deny it on purpose) and makes it to Sacramento for a decision, more than 6 months elapse. This is how cdcr disciplines inmates who they deem to be program failures and there is nothing that can be done. CDCR punishes by findings of guilt by the "preponderance of evidence" standard (Kangaroo Court) and then C status is guaranteed with two back to back 115's.
There isnt any remedy because even if you win you still lose.
This is how CDCR works and the public doesnt care.
You are punished first and a "sorry" comes later if they are wrong.

Yes, you are probably correct about that. I'm at least going to try and write to the Warden to see if they will allow visits, even if behind glass.


Halo
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