A training on how to help people in the gather paperwork ......Penal Code 667.5(c) Not required to register under Penal Code 290 Not serving a current term for a domestic-violence

Getting People Out Of Prison: How to Support People In CDCR To Ask For Release Due to COVID-19

● Saturday April 11, 12-2PM● A training on how to help people in the gather paperwork (exhibits), write

declarations, & file administrative appeals to request release by order of CDCR, the Governor, state courts, or federal courts due to COVID-19.

● Pose questions for future training [email protected] ● Materials regularly updated here

https://www.prisoneradvocacynetwork.org/covid-19.html● Streamed on Ella Baker Center Facebook Live● Please donate here https://www.prisoneradvocacynetwork.org/donate.html

https://www.prisoneradvocacynetwork.org/covid-19.htmlhttps://www.prisoneradvocacynetwork.org/donate.html

PRESENTERS● James King, State Campaigner, Ella Baker Center ● Laura Arnold, Stanislaus County Public Defender ● Sajad Shakoor, Jailhouse Lawyer● Tiara Brown, JD Candidate, Prisoner Advocacy

Network ● Caitlin Kelly Henry, Esq. Prisoner Advocacy Network ● Dr. Jamie Weinstein MD., Prisoner Advocacy Network ● Anna Steiner, MPH, MSW, Transitions Clinic, ● Joe Calderon, Lead Community Health Worker,

Transitions Clinic

1. Introductions

2. How We Frame This Moment & EBC Recommendations James King, State Campaigner, Ella Baker Center

3. How to identify and describe high risk for COVID-19 Dr. Jamie Weinstein MD., Prisoner Advocacy Network

4. Making a medical release planJoe Calderon, Anna Setiner, Transitions Clinic, UCSF Medical

6. How to file post-conviction request for release in state court Laura Arnold, Stanislaus County Public Defender

Schedule Hour One

Schedule Hour Two1. 6 Steps to Creating A Paper Trail For Release

Caitlin Henry, Esq. & Sajad Shakoor

a. Important Forms For People Inside to Send Loved Ones and Advocatesb. How & Why to Turn Facts Into Exhibitsc. How & Why to Write A Declarationd. How & Why to Draft Administrative Appeals

2. Resources

3. Q&A

James King Introduction to How We Frame This Moment● Article: A PLEA TO GOVERNOR NEWSOM: DON’T ABANDON ELDERLY INCARCERATED

PEOPLE TO DIE FROM COVID-19● “Rehabilitation” narrative in appealing to Diaz vs. Newsom● Problems with way CDCR and the governor say they won’t release people because of

problematic ways of determining who is “violent” (how their crime was categorized under the penal code long ago, and not who they are today ignores current reality) .

● As a person who just four months ago was serving a life sentence under California’s Three Strikes law, my thoughts, anxieties, and fears are primarily with the people I left behind. I was, to use Governor Newsom’s language, a person he would consider a “violent criminal.”

● Our prisons are filled with people still suffering from our “tough on crime” era. Systemic racism has poisoned our legal system to the point that many refuse to call it a “justice” system.

● So it’s important we avoid using “violent criminal” rhetoric to justify abandoning thousands of elderly people, which endangers us all.

https://theappeal.org/authors/james-king/https://theappeal.org/authors/james-king/

James King, Ella Baker Center recommendations for loved ones● First, make sure your loved one has filed an Authorization for Release of Medical Information ● Call the medical department at the prison they are incarcerated at. ● Reach out to the Ombudsman assigned to their prison.● Ask a lawyer who is available to help or already working with you on the case to reach out to

the Litigation Coordinator at the prison and request a legal call.● Contact facility’s Warden here and the email address to Medical Receiver Clark Kelso here. ● If you think your loved one is a good candidate for expedited release under the recent

proposal by the Governor contact CDCR’s expedited release department at ([email protected]) (CC) James King ([email protected])

● Submit commutation application● If referred by CDCR under Penal Code section 1170(d)(1) for resentencing, contact

([email protected]). ● Prison Holistic Self Care & Protection. ● Guides to herbs, cleaning agents, and other wellness products from Walkenhorst that can be

ordered in a quarterly package to help your loved one take care of their health inside, here.

https://cchcs.ca.gov/wp-content/uploads/sites/60/2017/08/CDCRForm7385.pdfhttps://www.cdcr.ca.gov/ombuds/ombuds/medinfo/https://www.cdcr.ca.gov/ombuds/https://www.cdcr.ca.gov/ombuds/ombuds/litigation/https://www.cdcr.ca.gov/facility-locator/adult-institutions/mailto:[email protected]://www.cdcr.ca.gov/covid19/frequently-asked-questions-for-plan-on-expedited-release-and-increased-physical-space-within-state-prisons/mailto:[email protected]:[email protected]:[email protected]://docs.google.com/document/d/1lyRoOvdPxmEgonEInTvNBoQfgNJhe8VbGc1yfdtDW3c/edithttps://docs.google.com/document/d/1csPy3_AjUkBC7KiIZ2kS1-9T-LL4HC3uF241-wWtuns/edit?fbclid=IwAR3HmaepikXX5VBFDlGI4NnXTIfptGPQuchvjA6duoyJaVQ1f11cq9ejY1w

Laura Arnold, Stanislaus County Public Defender

● How post-conviction folks can request release in the state courts○ What information people should be sending to their trial and

appellate criminal attorney right now○ What are the various ways post conviction people could seek

release (resentencing under 1170(d)(1), habeas, mandate, etc.)○ Changes to county court processes due to COVID○ How a habeas / mandate works right now○ Why some cases are being sent directly to appellate courts right

now

State Courts For People In CDCR

● Joint Habeas corpus/Writ of Mandate○ County of confinement: challenging constitutionality of conditions

of confinement, typically in county of confinement, not county of conviction

● PC 1170(d)(1) criminal resentencing in county of conviction ○ Initiated by convicted person or attorney within the first 120 days

following the sentencing order○ Initiated after 120 days

■ by the DA (under AB 2942) ■ by CDCR (AB 1812). Such an invitation can be made by the

prosecutor or by the CDCR Director at any time.

https://www.sentencereview.org/ab-2942https://prisonlaw.com/wp-content/uploads/2019/10/PC-1170d1-resentencing-with-attachment-Oct-2019.pdf

Dr. Jamie WeinsteinIntroduction to How to Explain and Document Medical Risk Factors When Asking For Release

Transitions Clinic -Re-entry Medical Planning.

● What Transitions Does related to covid○ Connects people identified for release with a community health worker who

will be on call to help them in the county they are released so○ Check website for info about toll free hotline staffed by formerly incarcerated

people for people to call from prison or upon release to get connected to healthcare services (not other services).

○ CDCR making list of who is leaving, and of that group who is high medical risk, Transitions is securing appointments for people to access care upon reentry and talking to people before they leave.

● Changes to community health center medication distribution because of COVID○ There are evidence based medications that help people who have opioid use

disorder not use○ There are new rules because of COVID so people can get access over the

phone for medication the used to have to go in person for

Transitions Clinic Re-entry Medical Planning

● What people on the inside can do○ If you’re on CDCR’s initial release list, call Transitions hotline○ If you’re not in the list CDCR already identified you can:

■ file 7362 sick call slip asking CDCR medical staff to write a referral to outside provider and help making release pan

■ write a 7385 releasing records to the community provider to their medical records ● What families can do

○ Get a phone for someone with a dedicated number (you can get a free “Obama” phone)- all medical appointments these days are telemed

○ should one dedicated number on release paperwork○ Medi-cal doesn’t update automatically if you are released early, families can call or file

online to complete application, can mail application inside for people to be ready○ Request medical records if person inside signs 7385 form○ Identify a specific address that people can be sent home to instead of halfway house

CDCR Announced Reentry Services Due to COVID ● using contracts with UC San Diego and other organizations to do applications

for public benefits, food stamps, SSI, medical● expanding this with what they’re calling “strike teams” to increase those

services● speeding up CAL ID program● doing medical screenings before people leave to secure transitional housing● increased funding to get people into transitional housing, and get parole

funding to get into drug program if they are at risk of homelessness even if not drug user

● If someone trying to get released, Root and Rebound can advocate https://www.rootandrebound.org/covid19/ they’re surveying reentry providers about what they’re doing in COVID and trying to be a clearinghouse

https://www.rootandrebound.org/covid19/

Caitlin & SajadWhy Immediately Creating A Paper Trail Is Crucial● If you could qualify for release because of COVID-19,

or if CDCR's response to COVID-19 caused a problem for you that needs to be addressed, you need to immediately build a record to file your own case for release or for an injunction or money damages, including exhibits you can attach to prove your case.

Summary Of 6 Steps To Creating A Paper Trial For COVID-19 Release

1. Understand Process & Its Pitfalls2. Create & Organize Court-Admissible “Exhibits”3. Draft The Initial Request Form (22, 7362, 1824) 4. Draft An Appeals Form (602, 602HC)5. Submit Forms and “Exhibits”6. Copy What You Sent and Send to Officials and Advocates

STEP 1Understand Process & Its Pitfalls

Why Immediately Creating A Paper Trail Is CrucialYou need to immediately identify yourself as someone who wants to be released or seek some other action from● CDCR via

○ Plata decision due to facility over-population, ○ California Government Code Section 8658 emergency powers

● County courts via○ criminal case resentencing○ habeas/mandate petition

● Governor via○ Individual or group clemency ○ Other emergency powers

● Federal courts via○ 42 USC 1983 (existing Plata class action, or your own case for injunction or

damages)○ Habeas petition (limited and needs more research)

https://prisonlaw.com/post_case/plata-v-brown/

CDCR Release Criteria Under CA Govt. Code § 8658

● 60 days or less remaining on their sentences (as of March 30, 2020)

● Not serving a current term of incarceration for a violent felony offense, as defined by California Penal Code § 667.5(c)

● Not required to register under Penal Code § 290

● Not serving a current term for a domestic-violence offense.

These 3,496 (1,751 - within 30 days of release, 1,745 - within 60 days of release) “are scheduled to begin as soon as practicable, including within the upcoming days and weeks.”

Coleman and Plata Case propose criteria for release to parole or post-release community supervision:

● reduce the population density in crowded dorms and living spaces to a level that would allow social distancing people seen as:

○ low safety risk■ as determined by CDCR’s risk assessment instruments, or■ serving a term for a non-violent offense, or■ paroling within the year.

○ high medical risk of COVID-19,■ over 65 years old ■ chronic lung disease or moderate to severe asthma;■ severe heart conditions; ■ compromised or suppressed immune systems (for example, due to cancer

treatment, bone marrow or organ transplantation, immune deficiencies, undermanaged HIV or AIDS, or prolonged use of immune-weakening medications);

■ severe obesity; ■ uncontrolled diabetes; ■ renal failure; ■ liver disease; ■ pregnant.

● in the alternative, as many people as necessary to achieve safe social distancing and sufficient space for quarantines and isolation.

● The court denied the first motion on a procedural technicality on April 4, but more motions are coming

https://prisonlaw.com/post_case/coleman-v-newsom/https://prisonlaw.com/post_case/plata-v-brown/

STEP 2GATHER DOCUMENTS - Create and Organize “Exhibits” That Will Be Admissible In Court

STEP 2: Gather Documents● Find, create, and attach documents that prove that the allegation is not true,

and “how” this caused you harm and injury.

● Your forms should go into substantial detail to prove the physical harm that COVID-19 caused to be able to bring certain kinds of claims in court.

● A good way is to attach documents that show how you were physically harmed.

● Think about what documents will show that you experienced physical effects and negative consequences from COVID-19.

● Then create or find those documents; medical records may be the most important right now.

STEP 2: Gather DocumentsCont.

What is an “exhibit”?

● An exhibit is a document -- written proof attached to something that helps prove what the document says.

● It integrates documents that you and your opponent might use to prove either side of the case.

● For example it might show how the harm you face from COVID 19 is not mere speculation but highly likely because of CDCR policies at your facility.

● In court cases these are often introduced through a declaration that states facts and proves those facts through a series of numbered exhibits.

Sample Supporting Documents to Prove Facts “Exhibits”

● Medical records

● Mental health records

● C-file or SOMS or ERMS custody records (115; 128s, Chronos, committee documents, showing loss of privileges, denial of program access, change to release date, loss of job, etc.); lockdown orders; 7219 report of injury or unusual occurrence

● Trust forms, canteen slips, ducuts

● A declaration of facts (from declarant, from witness, etc)

STEP 2: Gather DocumentsCont.

STEP 2: Gather DocumentsSample Supporting Documents Cont.

● CDCR policies

● CDCR memos, posters, educational materials

● Complaint forms

● Letters from family members about conditions or parole plans

● Demand letters from other groups Such as the list of demands in

○ “A Public Statement on Coronavirus and Mass Incarceration One Voice: The Impact of Coronavirus on Incarcerated People, their Families, and Their Communities.”

○ Demands to Gavin Newsom

○ Recommendations to CA Parole and Probation

○ Humane Prison Outbreak Response

○ Disability Rights California Jail Release Demand Letter


https://docs.google.com/document/d/1-jfwNjKSI44Y-K31Gwonq0XTbWqccDF1ExIBEU1JMKA/edit?fbclid=IwAR3bdNuHpPeS3IHW2Rz0lZwnFIVGFZnczzzJKGdzOEFIvU-qNM82l3MgMqYhttps://docs.google.com/document/d/1-jfwNjKSI44Y-K31Gwonq0XTbWqccDF1ExIBEU1JMKA/edit?fbclid=IwAR3bdNuHpPeS3IHW2Rz0lZwnFIVGFZnczzzJKGdzOEFIvU-qNM82l3MgMqYhttps://docs.google.com/document/d/1-jfwNjKSI44Y-K31Gwonq0XTbWqccDF1ExIBEU1JMKA/edit?fbclid=IwAR3bdNuHpPeS3IHW2Rz0lZwnFIVGFZnczzzJKGdzOEFIvU-qNM82l3MgMqYhttps://thejusticecollaborative.com/wp-content/uploads/2020/03/Letter-to-Governor-Newsom_CDCR_COVID_19-1.pdfhttp://bit.ly/RRCoalitionLetterhttps://humaneoutbreakresponse.org/https://www.disabilityrightsca.org/system/files/file-attachments/2020-03-18_DRC-PLO-KS_Ltr_re_COVID-19%20Murray-Santa_Barbara_Cty_Jail.pdf

○ No New SF Jail Coalition - Mitigating the Spread of COVID-19 in the SF County Jails and Criminal Legal System

○ TGI Justice Project San Francisco Criminal Legal System COVID-19 Response Demand Letter

○ Human Impact Partners Jail Demand Letter


https://nonewsfjail.files.wordpress.com/2020/03/letter-to-sf-re-covid19-and-criminal-legal-system-final.pdfhttps://nonewsfjail.files.wordpress.com/2020/03/letter-to-sf-re-covid19-and-criminal-legal-system-final.pdfhttp://www.tgijp.org/tgijp-covid-19-response.htmlhttp://www.tgijp.org/tgijp-covid-19-response.htmlhttps://drive.google.com/file/d/1dhwC86C7CJEyZTVS1y1Xl_1I2ANSHNJz/view

Exhibit # Description

1 Memo from CDCR regarding COVID Protocols

2 128 Chrono noting change to ___ due to COVID 19

3 7362 Sick call slip requesting __ due to COVID 19

4 602HC requesting __ and release due to COVID 19

5 602 requesting __ and release due to COVID 19

6 1824 requesting disability accommodation of ___ due to COVID 19

7 Form 22 requesting _ due to COVID 19

8 CDCR’s response to ___ denying ___

Sample Formatted Table Listing Exhibits


9 Medical record ___ noting diagnosis of ____ and need for accommodations of __ and treatment of ____ and COVID 19 high risk category

10 C-File record summary of classification document noting _____ and low risk

11 Risk assessment noting CDCR classification of ___ risk to public safety.

12 Documentation of release plan of _____

13 Letter from ___ offering job

14 Letter from ___ offering place to live


15 CDCR COVID 19 informational website

16 Demand letter from ___ to ___ demanding changes to __ and putting CDCR on notice of ____

17 San Quentin Memos Re COVID-19 [use your facility’s]

18 CDCR patient and death tracker

19 CCHCS, The COVID-19 Interim Guidance for Health Care and Public Health Providers, dated March 2020

20 CCHCS Memorandum regarding COVID-19 Guidance Regarding Field Operations, dated March 20,

21 CCHCS/CDCR memorandum to the field and attached chart dated March 25, 2020, entitled “COVID-19 – Mental Health Delivery of Care Guidance,”

https://www.cdcr.ca.gov/covid19/https://drive.google.com/open?id=1efQsvf8msdIiIix-2JlbYe72nf7TgwIghttps://www.cdcr.ca.gov/covid19/population-status-tracking/https://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_CCHCS-COVID-19-Interim-Guidance-3.19.2020.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_CCHCS-COVID-19-Interim-Guidance-3.19.2020.pdf


22 World Health Organization’s (WHO’s) March 15, 2020 Interim Guidance entitled “Preparedness, prevention and control of COVID-19 in prisons and other places of detention”

23 The Center For Disease Control’s (CDC’s) Coronavirus Disease 2019 (COVID-19) guidance entitled “Coronavirus Disease 2019 (COVID-19): How to Protect Yourself”

24 CDCR Phone Access Memorandum

25 CDCR Social Distancing Poster 1

26 CDCR Social Distancing Poster 2

27 CDCR Handwashing Poster

28 CDCR Prevent The Spread of Illness Poster

http://www.euro.who.int/en/health-topics/health-determinants/prisons-andhealth/publications/2020/preparedness,-prevention-and-control-of-covid-19-in-prisonsand-other-places-of-detention-2020http://www.euro.who.int/en/health-topics/health-determinants/prisons-andhealth/publications/2020/preparedness,-prevention-and-control-of-covid-19-in-prisonsand-other-places-of-detention-2020http://www.euro.who.int/en/health-topics/health-determinants/prisons-andhealth/publications/2020/preparedness,-prevention-and-control-of-covid-19-in-prisonsand-other-places-of-detention-2020http://www.euro.who.int/en/health-topics/health-determinants/prisons-andhealth/publications/2020/preparedness,-prevention-and-control-of-covid-19-in-prisonsand-other-places-of-detention-2020https://www.cdc.gov/coronavirus/2019-%20ncov/prepare/prevention.html.https://www.cdc.gov/coronavirus/2019-%20ncov/prepare/prevention.html.https://www.cdc.gov/coronavirus/2019-%20ncov/prepare/prevention.html.https://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/04/R_ASU-RC-Phone-calls-v3-4-1-20.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/COVID-19-SD-Poster-Germ-cloud-PORTRAIT.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/COVID-19-SD-Poster-SIX-FEET-PORTRAIT.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_Germs.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_Illness.pdf


29 CDCR Symptoms of COVID-19 Poster

30 CDCR Coronavirus/COVID-19 Facts and FAQs Poster

31 Message to the Population from Federal Receiver Kelso (4/01/20)

32 Message to the Population from Secretary Diaz (3/25/20)

33 CDCR/CCHCS-produced content (English and Spanish)

34 Message to all CDCR/CCHCS staff from Receiver J. Clark Kelso:

35 What CDCR and CCHCS employees need to know about coronavirus (COVID-19)

https://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_symptoms.pdfhttps://www.cdcr.ca.gov/covid19/wp-content/uploads/sites/197/2020/03/R_CORONAVIRUS-FACTS.pdfhttps://vimeo.com/403044512/ba191da0a3https://vimeo.com/400758862/824c4cf567https://vimeo.com/399285302/3f5516409dhttps://www.cdcr.ca.gov/insidecdcr/2020/03/31/message-to-all-cdcr-cchcs-staff-from-receiver-j-clark-kelso/https://www.cdcr.ca.gov/insidecdcr/2020/03/31/message-to-all-cdcr-cchcs-staff-from-receiver-j-clark-kelso/https://www.cdcr.ca.gov/covid19/information/https://www.cdcr.ca.gov/covid19/information/


36 Images of dormitory living area in April and November 2019, March 2019 CIM Tour from Armstrong v. Brown (94-cv-2307-CW)(Case 2:90-cv-00520-KJM-DB Document ECF 6528-1)

37 Images of medical living area April 2019 CMF Tour, SATF April and June 2019 tour, CCWF September 2017 Armstrong v. Newsom (94-cv-2307-CW) (Case 2:90-cv-00520-KJM-DB ECF 6528-2)

https://rbgg.com/wp-content/uploads/Dkt-6528-1-3JC-Ex-A-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-1-3JC-Ex-A-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-1-3JC-Ex-A-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-1-3JC-Ex-A-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-2-3JC-Ex-B-D-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-2-3JC-Ex-B-D-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-2-3JC-Ex-B-D-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdfhttps://rbgg.com/wp-content/uploads/Dkt-6528-2-3JC-Ex-B-D-to-LYNCH-Decl-ISO-Pls_-Emergency-Mtn-Dkt-6522-03-25-20-0489-3.pdf


Important Forms For People Inside to Submit to CDCR and Send Copies Outside And Attach As Exhibit

● Form 1019/1021 Custody Authorization Release authorizes CDCR/CCHCS to share information

● Health Record Authorization Release Form 7385 authorizes CDCR/CCHCS to share information

● CDCR 7421 Advance Directive Documents wishes about end-of-life care. Names the person outside chosen to be a Medical Decision-Maker]

● CDCR 7465 POLST is short for Physicians Orders for Life Sustaining Treatment documents wishes about end-of-life care.

https://caitlinkellyhenry.com/wp-content/uploads/2014/06/CDCR-Release-Authorization-1019-1021.pdfhttps://cchcs.ca.gov/wp-content/uploads/sites/60/2017/08/CDCRForm7385.pdfhttps://drive.google.com/open?id=1J73eFjBR1U-sdvkloFWFfja7OM--z9Xwhttps://drive.google.com/open?id=1uCApqdwlNYByfkFkQ2xl-mYNaW8AOtjj


Important Documents People Outside Can Submit to CDCR and Send to Incarcerated Person to Attach As Exhibit

● Citizen Complaint Form 2142 (fill out the form and attach exhibits).

● Demand Letter from you to the prison to release your loved one, and ask for specific conditions to prevent COVID transmission.

● Release plan letter

○ from you to officials stating what support you will give person if released (housing, financial, medical, sobriety support, mental health support, employment, school, training, etc.)

https://caitlinkellyhenry.com/wp-content/uploads/2016/02/CDCR-2142-Citizens-Complaint-Against-Employee-of-CDCR.pdf

STEP 2: Gather Documents

Obtaining Medical Records

● People inside can fill out release forms for people outside to write to CDCR/CCHCS to request medical records using the CDCR 7385 form.

● The person inside should fill out the 7385 form in an envelope and address it to “Health Records.” via prison mail.

● Mailed to Health Records Center, P.O. Box 588500, Elk Grove, CA 95758; alternatively, faxed (916) 229-0002 or [email protected].

● One can also call the Patient Health Care Inquiry Hotline

● Check with counselor and public information officer and Ombusdman for any changes in policy due to COVID.

https://cchcs.ca.gov/wp-content/uploads/sites/60/2017/08/CDCRForm7385.pdfmailto:[email protected]

STEP 2: Gather DocumentsObtaining Medical Records Cont.

● Or write to: California Correctional Health Care Services, Health Care Correspondence and Appeals Branch, P.O. Box 588500, Elk Grove, CA 95758.

● Or [email protected] or send a fax to: (916) 691-2406.

● If you ask to receive a copy of all of medical records, you should not be charged for the copies. If you request specific documents, you will be charged $.10 per page


Obtaining Custody Records

● People inside have a right to an “Olson” review of their records

● People inside can fill out release forms for people outside to write to CDCR to request records using the CDCR 1019/1021 custody form or 7385 medical form. They should turn one into CDCR and mail a copy to their advocate.

● You will be charged $.10 per page

● You can ask for the records to be sent to someone inside on paper, or someone outside on paper or a CD,

https://caitlinkellyhenry.com/wp-content/uploads/2014/06/CDCR-Release-Authorization-1019-1021.pdfhttps://cchcs.ca.gov/wp-content/uploads/sites/60/2017/08/CDCRForm7385.pdfhttps://cchcs.ca.gov/wp-content/uploads/sites/60/2017/08/CDCRForm7385.pdf

STEP 2: Gather DocumentsObtaining Custody Records Cont.

● People outside can address the request to records, and mail to facility address, you can contact the PIO and ask for the institution’s policy, you can contact the Ombusdman and ask for information about how the facility handles requests.

● Other kinds of records can be obtained through the Public Records Act

● Check with counselor and public information officer and Ombusdman for any changes in policy due to COVID.

https://www.cdcr.ca.gov/public-information-officers-adult/https://www.cdcr.ca.gov/ombuds/https://www.cdcr.ca.gov/ombuds/https://www.cdcr.ca.gov/cpra/

STEP 2: Gather DocumentsObtaining Custody Records Cont.

Person Inside Request For Records

Sample Language: “I request to be permitted to conduct an Olson Review and a copy of my C-File (SOMS/ERMS) for a legal proceeding at the earliest possible dates. DOM section 13030.16 “Access to Records” states that “Each individual has the right to inquire and be notified whether CDCR maintains a record about him or her. Any inquiry shall specify the name and title of the records system as filed with the OIP. Inmates are granted access and review of information pertaining to themselves under case law (Olson v. Pope (1974) 37 Cal.App.3d783, 112 Cal.Rptr.579) and this section…”

STEP 2: Gather DocumentsPerson Inside Request For Records Cont.

... they may request an Olson review of their Central File (C-File) from their assigned Correctional Counselor (CC).” I shall be permitted to inspect and obtain an “exact copy of all or any portion of any nonexempt personal information about themselves even when it might be kept under the name of another person, entity, event, or date or among other records systems.” I am enclosing a 1019/1021 form and 7385 form to authorize release to [list name]. I request a copy for me and a copy mailed to them.

STEP 2: Gather DocumentsPerson Inside Request For Records Cont.

Person Outside Request For Records

Sample Language: “I write to request the records of [Mr./Ms. name] from [date] to [date]. I request:

1. The Electronic Medical Record (EMR) including, all inpatient and outpatient records as required by DOM sections 91070.12 and 91070.17.

2. Medical files that may be contained outside the EMR: All 7362, 602HC, 1824 forms.

3. All C-File or Central File records listed in DOM section 72030

STEP 2: Gather DocumentsPerson Outside Request For Records Cont.

4. SOMS/ERMS Records.

5. Custody records that may be contained outside SOME/ERMS and the c-file, all 602 Forms

Please find enclosed a CDCR 7385 Release Form and CDCR 1019/21 release form authorizing me. Please send the files electronically I look forward to receiving notice of the estimated cost of copying and mailing so I may send a check. Please don't hesitate to contact me with questions.”

People Inside & Outside Should Draft Declarations To Make Evidence Admissible

● A declaration is a form of journaling and storytelling

● It is a written statement by a “declarant”, sworn to be the truth under penalty of perjury that is formatting in a certain way and includes required language copied from a state or federal statute to make evidence potentially admissible into proceedings.

● Anything the decision maker (typically a judge, but for COVID this could be CDCR or the Governor) needs to know to make a decision should be in a declaration of facts, not just in the argument portion of what you submit.



What belongs in a declaration:

● A diary like chronological list of facts, names, dates, times, places, events, written in a neutral and non-argumentative, non-persuasive manne

● References to the exhibits you are attaching to prove the fact you list

● Say why the person writing the declaration (the declarant) is qualified to provide the information contained in the declaration. “I am the Men’s Advisory/Inmate Family Council Chair” “I am the spouse”

● Say how the facts are is based on personal knowledge, “I observed” “I saw” “I believe this to be true because…” “I know this because…”

STEP 2: Gather DocumentsWhat Belongs In a Declaration Cont.

● Do not provide unnecessary facts, as this may both frustrate the judge and potentially open the door to matters on which the declarant can be cross-examined at a later deposition or at trial.


What does not Belong in a Declaration

● The declaration should not include any legal arguments, legal conclusions, or characterizations of facts, case law, attempts to engage in reasoning or influence an outcome by reaching a conclusion or making an inference from an event that happened, labels, or merely a list of the elements of the cause of action.

● Facts in the declaration are specific to the individual writing the declaration (such as a particular policy’s bad impact on the declarant), they are not generalized critiques of general policy such as X policy is bad because.

Topics Important for Risk of If Infected❏ Age 50 and over❏ Asthma❏ Heart conditions❏ Valley fever❏ lung disease ❏ Previous tuberculosis❏ moderate to severe asthma❏ severe heart conditions❏ diabetes❏ obesity (body mass index [BMI] greater than 40)❏ Liver disease❏ renal failure❏ Current or recent Pregnancy❏ asthma), or prolonged use of immune weakening

medications); ❏ Valley fever❏ blood disorders (e.g. sickle cell disease or on blood

thinners)

❏ chronic kidney disease❏ endocrine disorders❏ chronic obstructive pulmonary disease❏ neurological, neurologic, and neurodevelopment

conditions, including disorders of the brain, spinal cord, peripheral nerve and muscle such as cerebral palsy, epilepsy, stroke, intellectual disability, moderate to severe developmental delay, muscular dystrophy, or spinal cord injury

❏ Immunocompromised❏ bone marrow transplant❏ organ transplantation,❏ immune deficiencies❏ HIV or AIDS❏ use of corticosteroids (such as hydrocortisone and

prednisone to treat arthritis, allergies, rashes, lupus) ❏ Mental health conditions❏ Smoking❏ Methamphetamine usage❏ Previous or current cancer

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fspecific-groups%2Fhigh-risk-complications.html

Topics Important for Risk of Transmission

❏ 180 Cell❏ 270 Cell❏ Single Cell with no

cellmate❏ Single Cell with

cellmate❏ Double cell with no

cellmate❏ Double cell with

cellmate❏ Fire camp ❏ 270 Dorm❏ Dorm❏ Medical Bed❏ Mental health bed❏ Solitary / Segregation ❏ Reception Center (RC)❏ General Population

(GP)

❏ Enhanced Outpatient Program (EOP)❏ Mental Health Crisis Bed (MHCB)❏ Psychiatric Inpatient Program (PIP)❏ Specialized Medical Beds Housing❏ Administrative Segregation Unit (ASU)❏ Condemned❏ Long Term Restricted Housing Unit (LTRH)❏ Non-Disciplinary Segregation (NDS)❏ Psychiatric Services Unit (PSU)❏ Security Housing Unit (SHU)❏ Short Term Restricted Housing Unit (STRH)❏ Protective Housing Unit (PHU)❏ Restricted Custody General Population (RGCP)❏ General Acute Care Hospital (GACH)❏ Correctional Treatment Centers (CTC) ❏ Outpatient Housing Units (OHU)❏ Treatment and Triage Area (TTA)❏ Palliative care❏ Hospice care❏ Other (please explain)

Housing type or “type of bed” - exposure to more people = more risk for COVID transmission

-Housing Area Name, Facility Building ID, Yard -How Many People Are There On The Yard -How many people are in the area where you sleep (dorm, cell, medical room, etc.)

Topics Important for Risk of Transmission1. Has facility provided you with items, and if so,

when❏ Soap (liquid preferred)❏ Hand sanitizer (alcohol-based hand sanitizer

that contains at least 60% alcohol preferred)❏ Gloves❏ Masks❏ Clean laundry, if so how often❏ Cleaning products, if so, how often❏ Hand drying supplies (hand drying machines,

disposable paper towels)❏ Hot water❏ Tissues ❏ Toilet paper❏ Other cough or sneeze covering products

❏ More access to hand washing areas and supplies for hand washing

❏ EPA approved disinfectant❏ Respirators❏ No touch trash receptacles❏ Water at 60–90 °C to wash

laundry❏ Detergent to wash laundry❏ Extra clean clothes,

bedding, towels❏ Increased laundry schedule❏ Fresh chlorine bleach

solution at a 1:10 dilution.

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

Topics Important for Risk of TransmissionDescribe factors related to your in/ability to maintain personal hygiene, and describe when any changes happend:

❏ CDCR says, “The incarcerated population is being provided extra soap when requested” -Have you requested it? What happened when you did? What kind of soap (liquid, bar) and how much volume? Was it free? Was it shared with other people?

❏ Is hand sanitizer being placed inside institution dining halls, work change areas, housing units, and where sinks/soap are not immediately available?

❏ Has the facility allowed you to practice good hand hygiene, such regularly washing your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage?void touching your eyes, nose, or mouth without cleaning your hands?

❏ Has the facility allowed you to practice good cough etiquette: cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use?

❏ Allowing daily showers?❏ Avoiding use of shared handcuffs, waist chains, leg irons?❏ Avoiding use of shared mobility devices?❏ Have they changed laundry protocols?

Topics Important for Risk of TransmissionDescribe factors related to your in/ability to stay 6 feet away from other people, describe any changes and when they happened:❏ How many people share housing?❏ How many people pass by cell in a given day and for what activities?❏ What activities do and don’t allow you to maintain that space with other incarcerated people,

medial staff, custody staff?❏ Do staff stay in one place or do they move between units to provide meals, medical care,

mental health treatment, and security checks?❏ How wide is the space between beds?❏ How wide are walkways?❏ Any changes in the way that staff interact with incarcerated people that are aimed to reduce

transmission from staff coming from the outside world and transmitting it inside?❏ Are yards changed to only people from the same housing area and less people at a time?❏ Have cells or bunks been reassigned or moved?

Topics Important for Risk of TransmissionDescribe factors related to your in/ability to maintain a hygienic environment and when any changes happened:

❏ CDCR says, “The incarcerated population is being provided “ hospital-grade disinfectant that meets Centers for Disease Control and Prevention guidance for COVID-19.” Have you requested it? What happened when you did? What kind and how much volume? Was it free?

❏ Have you seen staff disinfecting frequently touched surfaces in common areas (e.g., mop handles, faucet handles, countertops, bathroom surfaces, sink areas, shower areas, food areas, doorknobs, light switches, sink handles, toilets, toilet handles, recreation equipment, kiosks, and telephones)?

❏ Have you been given permission and means to disinfect frequently touched surfaces in common areas multiple times a day (e.g., faucet handles, countertops, bathroom surfaces, sink areas, shower areas, food areas, doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones)?

Topics Important for Risk of TransmissionDescribe factors related to your in/ability to maintain a hygienic environment and when any changes happened:

❏ Does your living area have solid doors? On the cells? Elsewhere?❏ How are sink/toilet/shower being cleaned?❏ Where is toilet/sink relative to bed? How far are sinks away from toilets?❏ Where is shower relative to bed and how many people share? ❏ How are belongings stored? In open space around the beds? In lockers? How far

apart? In the open? In mesh bags? In plastic bins? In paper boxes? In lockers? Etc.❏ Shared spaces? Kiosk? Phone? Holding cell? Canteen? Medical? Work? Yard?❏ Have they change trash handling protocols? If so, please describe the old, and now

the new procedures:❏ Do they Sanitize thermometers after each use and require the person who administers

the thermometer to change gloves between each use

Topics Important for Risk of TransmissionDescribe access to food and when changes occured:❏ Meals: are they now being delivered to bed or cell? Are people going

to chow hall? Are people only eating from the canteen if they can afford it?

❏ How far are food preparation areas from sinks and toilets?❏ How far are microwaves (if any) from sinks or toilets?❏ Has the facility allowed you to avoid sharing eating utensils, dishes,

and cups?❏ Has the facility rearranged seating in the dining hall so that there is

more space between individuals (e.g., remove every other chair and use only one side of the table)?

Describe Harm Caused By CDCR’s ActionIf this is causing harm and injuries, such as mental, physical, to your liberty, please describe your experience:

❏ Have you experienced COVID-19 symptoms: Fever, dry cough, fatigue, shortness of breath, sputum production (phlegm, thick mucus that is produced by the lungs), sore throat, headache, myalgia (muscle pain), arthralgia (joint pain), chills, nausea, vomiting, diarrhea, nasal congestion

❏ Have you experienced: depression, anxiety, panic attacks, psychomotor agitation, psychotic symptoms, delirium, suicidality, desire to self harm, depression, stress, anguish, headaches, hives, rashes, PTSD, weight loss, weight gain, inference with hygiene, interference with sleep, problems eating, problems seeing, problems working, paranoia, agitation, problems concentrating, thinking, communicating, fatigue, hyper-vigelence, disorientation, hallucination, other?

❏ What do you identify as the sources of your stress - social isolation, decreased sensory stimulation, lack of access to clinical programming, diminished coping strategies, and limited outdoors or out-of-cell exercise and activities, lack of information, other?

Describe Harm Caused By CDCR’s ActionDescribe harm and injuries, such as mental, physical, to your liberty:

❏ Describe impacts of lockdown or “modified program” or quarantine ❏ Describe any impacts on finances.❏ Describe any impacts on loved ones or visitors.❏ Describe impacts on your time credits, release date, BPH proceedings, court cases.❏ Marriage cancellation, effect on you.❏ Loss of visits, effect on you.❏ Loss of legal visits, effect on you.❏ Loss of programs, effect on you.❏ Loss of phone access, effect on you.❏ Changes to law library access, and effect.❏ Education change, and effect.❏ Effect on your credit earning (education, work, program, etc.).❏ Change in religion access, and effect on you.❏ Describe impacts on access to food, and package, and mail.

Topics Important for Showing Low Risk to Public Safety If Released❏ Security Level of Yard: I, II, III, IV❏ Placement/Classification score ❏ Custody designation (Max, Close, Med A, Med B, Min A, Min B)❏ COMPAS Risk Assessment Score❏ California Static Risk Assessment “CSRA” Score ❏ BPH Comprehensive Risk Assessment Score❏ Commitment offense(s)

❏ classification (non/violent) [CDCR said commitment offenses categorized as violent under § 667.5(c) won’t be considered for early release)

❏ 260 registerable offense? [CDCR said registrants won’t be considered for early release)

❏ Domestic violence offense? [CDCR said won’t be considered for early release)❏ Anything else related to what CDCR or a court would consider in assessing your “risk” if

released.

❏

Topics Important for Showing Reentry Plan

❏ Address and description of where someone will live, ideally sober living environment, description of who lives there and how they are positive influence for reentry

❏ Reentry support❏ Family and community support❏ FInancial support❏ Potential for work❏ Potential for medical care❏ AA/NA sponsor or social service support❏ Potential for school


Declaration Incarcerated Person In Support Of COVID-Release

Sample Language:1. I am [BRIEF DESCRIPTION OF DECLARANT]. I am __ years old. My CDCR number is _ _. I am

currently housed in ___. Typically there are ___ other people within 6 feet of me at ___ time(s).

2. I entered prison on __. My release date is __

3. I have the following medical conditions: [fill in with examples]. (See Exhibit __: CDCR Medical Record Dated ___) I have the following risk factors for COVID-19 [fill in with examples]. (See Exhibit __: CDCR Medical Record Dated ___)

4. Due to COVID-19 medical care has changed by ___. I have requested but am not receiving the following treatment [fill in with examples].

STEP 2: Gather DocumentsDeclaration From Incarcerated Person In Support Of COVID-Release Cont.

5. I have observed this facility taking the following steps to prevent the spread of COVID-19 [fill in with examples]. I have not observed this facility taking the following steps to prevent the spread of COVID-19. I am enclosing ___ which is proof that ___ (See Exhibit _ )

6. CDCR is preventing me from taking recommended precautions to minimize the spread of the virus. I have limited access to CDCR recommended personal hygiene items [fill in with examples such as tissues, soap, disinfectant, or hot water, laundry, clothing]. The following is not provided __. Clothing, towels, sheets, and laundry are provided __.

7. CDCR is creating unsanitary transmission conditions. Showers are ___ , toilets are ___, ice and ___ are shared, dayroom is ___, yard is __, phones are __. Food service is __.

8. My release plan is ____ . I plan to live at this address ___. I have the following financial support and employment ___.


Declaration From Non-Incarcerated Person In Support Of COVID-Release

Sample Language:

1. I am [BRIEF DESCRIPTION OF DECLARANT]

2. My loved one’s (or other relationship) name is _and he is currently housed in ___.

3. He is __ years old. His CDCR number is _ _.

4. He entered prison on __. He has a release date of __

STEP 2: Gather DocumentsDeclaration From Non-Incarcerated Person In Support Of COVID-Release Cont.

5. We’ve been (define relationship) ____ for __ years. He would live with me at this address ____ when he is released. We could take care of each other if he was home here with me. The others that live here are ___. It is a sober living environment. [Attached hereto as Exhibit [1] is a true and correct copy of [DESCRIBE DOCUMENT]].

6. I would provide the financial support of ___. He also has a job offer of ___. He has support services available from ___. [Attached hereto as Exhibit [1] is a true and correct copy of [DESCRIBE DOCUMENT]].

STEP 2: Gather DocumentsDeclaration From Non-Incarcerated Person In Support Of COVID-Release Cont.

7. His COVID-19 medical risk factors are ___. [Attached hereto as Exhibit [2] is a true and correct copy of [DESCRIBE DOCUMENT]].

8. My last contact with him was ___ . I observed / he described prison conditions that put him at risk for COVID-19 transmissions as follows _____.”

STEP 3Incarcerated Person Files The Initial Request Form (22, 7362, 1824, 1858)

STEP 3: Filing The Initial Request Form

Even though it is an emergency we suggest you file the initial paperwork, even if it is at the same times as the emergency 602/602HC:

● Form “22” (For Custody Issues)

○ to ask staff to answer a question, to have a conversation, to take action, or to stop doing something if CDCR is causing you harm through policy, decision, action, condition, or omission.

● 7362 Sick Call Slip (for Medical Issues)

○ describe the problem with your physical or mental health or symptoms, the date it started, the current effects, and what you want done.

STEP 3: Filing The Initial Request FormCont.

● 1824 Disability Reasonable Modification or Accommodation Request

○ describe your diagnosis or medical or mental health issue, and what treatment, modification, accommodation, or assistive devices you need.

● CDCR 1858 Form (Staff & Property Complaints)

○ For appeals about excessive force, staff misconduct, or property

Form 22 - Goldenrod, pink, white carbon copy

Request for interview, item, or service

Form 1824 - Disability accommodations

Form 7362 - YellowHealth Care Service Request Form


FILE ALL FORMS AS “EMERGENCY” - REQUEST RELEASE IMMEDIATELY.

● Write “Emergency” on the top of the form any form related to COVID as facing physical or mental harm or death and there is a need for quick action

● Explain the emergency that needs an immediate response

● There is no limit to how many emergency appeals you can submit in any period of time.

● They skip the first level and CDCR must respond within 5 working days, at the second and third levels (it skips the first level)


Where Possible Exhibit Explicitly State Physical Harm Caused To Incarcerated Person By CDCR Action or Inaction

● COVID-19 Symptoms: Fever, dry cough, fatigue, shortness of breath, sputum production (phlegm, thick mucus that is produced by the lungs), sore throat, headache, myalgia (muscle pain), arthralgia (joint pain), chills, nausea, vomiting, diarrhea, nasal congestion

STEP 3: Filing The Initial Request FormStating Physical Harm Caused by CDCR Action/Inaction Cont.

● Other examples: Suffered physical manifestations of symptoms such as anxiety; fear; nervousness; paranoia; depression; insomnia; weight loss or gain; loss of appetite; problems eating; exhaustion; stress; suicidal thoughts; desire to harm self; anxiety; PTSD (describe the physical problems this caused); self-mutilation; anguish; headaches; irritable bowels; digestion problems; hives/rashes; psychological distress; interference with hygiene; sleep problems; hearing; inability to shower; inability to leave cell; inability to go on yard; inability to exercise; etc.

STEP 4 Incarcerated Person Drafts an

Appeals Form (602, 602HC)

STEP 4: Draft an Appeals Form (602, 602HC)

● Typically, after you get a response to the initial request forms (22, 7362, 1824) (or after CDCR fails to respond by its deadline), you can begin the appeal forms.

● Because of the emergency nature of COVID we recommend you file this at the same time labeled “emergency.”

● There is no limit to how many emergency appeals you can submit in any period of time.

● They skip the first level and CDCR must respond within 5 working days at the second and third levels.

602 - Custody Form - GreenInmate Appeal

602HC - Medical Appeal

Health Care Grievance

Was Pink, Now it Is Blue

602 Custody Appeal Form Green (Different From 602HC - Pink/Blue)

We recommend filing all three levels of 602 even if CDCR claims it is partially or fully granting your request so CDCR can’t raise any challenges in court (we recommend you ignore 15 CCR § 3084.7(a) exceptions to filing the first level in order to make a stronger record for court).

602 Part A: “Explain your issue”

● These three lines should be used to describe in a broad way the harm that was caused by the problem you are complaining about.

● Describe the bad thing you don’t want to be happening, and that it is CDCR’s job to fix it by starting or stopping something.

● Describe what happened to your body. Describe the physical manifestations of symptoms you suffered. See “harm” section above for examples.

602 Part A: Sample Language“My age is [insert your age]. Because of this age I am more at risk of infection and death from COVID-19. I am diagnosed with [condition/illness]. I suffer from the following [symptoms]. I am enclosing the following documentation of my medical condition ]example of custody documents that show medical conditions, example of medical documents that show conditions]. The news and public health officials indicate this condition puts me at risk of death from COVID-19 if I remain incarcerated. The conditions at [name of facility] including close unsanity quarters, lack of access to protective measures, and limited medical capacity all mean that I would be at greater risk of infection if I remain in custody, and also pose a greater risk of needing extreme measures, such as ventilator access, to save my life should I become infected.”

602 Part B: “Action Requested”The action is your demand or the solution you identify that would address or improve the harm that CDCR caused you to suffer.

● Issue = CDCR Is Risking My COVID-19 Infection and Death

● 602 Part A “Explain your issue” - Issue = CDCR Is Risking My COVID-19 Infectioning and Death

● Sample Language: Due to CDCR’s creation of the life threatening conditions of ______ [summarize what you wrote in section 602A] and my unique medical risk for COVID-19 of ___ [see 602HC section for guide to language for this] and my low risk to public safety if released as evidenced by _________ and the enclosed exhibits of _______, I am requesting immediate release.

● 602 Part B “Action Requested” - Release

● Describe: If you are asking for release in the 602B section you should describe why it is safe to release you. Describe and attach evidence related to what CDCR or a court would consider in assessing your “risk” if released. Note any positives from: Security Level of Yard: I, II, III, IV; Placement/Classification score; Custody designation (Max, Close, Med A, Med B, Min A, Min B); COMPAS Risk Assessment Score; California Static Risk Assessment “CSRA” Score; BPH Comprehensive Risk Assessment Score; Commitment offense(s) and classification: Violent / Non-Violent; Years of incarceration completed; Time of incarceration remaining (if known, release date, if indeterminate, parole hearing or other proceeding date); Rehabilitation efforts

602 Part B: Sample Language“I am requesting release. I am an excellent candidate for early release [for the following reasons]. For the commitment offense(s) of [convictions] I was sentenced to [months/years]. The court did not sentence me to death, nor do I deserve to die. My point score is low, at [point score]. In my most recent risk assessment, CDCR indicated I was [level of] risk. I am unlikely to repeat my commitment offense(s) of [convictions] because [???]. My release plan includes the following place to live [facility], which is a sober-living environment, and other support for my health _________ and financial support of _________. Expedite my parole hearing from [future date]. As I was already found suitable for release by __ on ___ expedite my release…

602 Part B: Sample Language cont.“I was found eligible for release under Prop ___, please release me immediately. I have been re-sentenced pursuant to ___ Penal Code section 1170.95 (SB 1437), please release me immediately I have been referred by CDCR or the DA for resentencing under ___ 1170(d)(1) which indicates they think I may be entitled to discretionary or mandatory early release, please release me immediately. I have already applied for a commutation (enclose if you can get copies) and request release due to the merits in my application. My release plan includes the following place to live _____ at this address ___ , which is a sober-living environment, and other support for my health _________ and financial support of _________.”

COVID-19 Specific Remedies Every Custody and Medical Form Should Ask For

COVID-19 Specific RemediesDescribe: The specifics of what CDCR staff member did what when in implementing a policy or action, so there is more of an individualized factual basis to hold particular people who did harm liable.

Sample Language: “The action Officer ___ ____ took because of COVID-19 is resulting in cruel and unusual deprivations of life’s necessities because ____. The action of ___ is depriving ___ of “the minimal civilized measures of life’s necessities,” including ___________ (medical care, personal safety). While the deprivation of ___ might be tolerable for a few days, it is intolerably cruel for the __ (weeks or months) staff subjected me to it...

COVID-19 Specific Remedies...Here the policy of __ causing the action of ___ to last ________ months, a cruelly long time. COVID-19 resulted in deprivation of ___ safety on ___ date, by ___ CDCR staff member, when the staff member took the action of ___ upon person ___ . This resulted in the harm of ____. COVID-19 resulted in deprivation of health on ___ date, by ___ CDCR staff member, when the staff member took the action (or failed to act) of ___ upon person ___ . This resulted in the harm of ____. Objectively, the deprivation of ___ is “sufficiently serious.” Where CDCR officer ___ failed to prevent harm of ____ that occurred on ___, conditions that posed a substantial risk of serious harm included _______...

COVID-19 Specific Remedies… Subjectively, the prison official __________ in the position of ________knew of and disregarded an excessive risk to my health or safety which was posed by ___________. The official knew of the substantial risk of serious harm because _________. The official ____ in the position of ______ failed to take reasonable measures to stop or reduce it when official _____________ took the action of ___ and failed to act when ___.”

COVID-19 Specific RemediesIssue: There Is No Way To Prevent COVID-19 Transmission in CDCR

Describe: Ask For Release & State Why Low Risk to Public Safety. If you are asking for release in the you should describe why it is safe to release you.

Describe and attach evidence related to:● Security Level of Yard: I, II, III, IV● Placement/Classification score; ● Custody designation (Max, Close, Med A, Med B, Min A, Min B); ● Risk Assessment Scores (e.g., COMPAS; CSRA; BPH) ● Commitment offense(s) and classification (i.e.,Violent / Non-Violent); ● Years of incarceration completed; Time of incarceration remaining (if known, release date, if

indeterminate, parole hearing or other proceeding date); Rehabilitation efforts


Sample Language: “I am requesting release. I am an excellent candidate for early release for the following reasons __________. For the commitment offense(s) of _____ I was sentenced to _______. The court did not sentence me to death crime, nor do I deserve to die. My point score is low, at _____. In my most recent risk assessment, CDCR indicated I was ___ risk. I am unlikely to repeat my commitment offense(s) of _____ because ____. My release plan includes the following place to live _____ , which is a sober-living environment, and other support for my health _________ and financial support of _________. Expedite my parole hearing from ___. As I was already found suitable for release by __ on ___ expedite my release. I was found eligible for release under Prop ___, please release me immediately...


... I have been re-sentenced pursuant to ___ Penal Code section 1170.95 (SB 1437), please release me immediately I have been referred by CDCR or the DA for resentencing under ___ 1170(d)(1) which indicates they think I may be entitled to discretionary or mandatory early release, please release me immediately. I have already applied for a commutation (enclose if you can get copies) and request release due to the merits in my application.”


Describe: Reentry Plans if Released. The release plan that will support you if released including Housing. Reentry support. Work. School. Support. Training. Financial. Medical Care (sample can be used for every issue requiring reentry plan).

Sample Language: “My release plan includes the following place to live _____, which is a sober-living environment, and other support for my health _________ and financial support of _________.”


Supporting Documents

● Every 602 should have “exhibits” attached whenever possible.

● Like in court, these attachments are considered a type of “proof” or “facts” that you can use to prove the claim you make in the 602.

● The attachments are proof of the details of the harm caused such as your medical records documenting COVID risk factors, custody records showing your low risk assessment and classification scores, letters showing you have offers of housing and employment upon release etc...


Supporting Documents Continued...

● Check the box on the 602 form that says you have attached documents and list the documents in the space provided

● If you are not attaching any supporting documents, you should check the box that says that and explain why (for example, if staff haven’t given you any medical records or custody records or memos or they took all your records because of COVID-19.

“602 HC” Health Care Appeal (Different than Custody 602)

● Emergency: For all COVID paperwork write “Emergency” on top and note need for emergency timeframe.

● 602 HC Part A (first level): We recommend describing how you are not getting medical, dental, or mental health care because of COVID-19. Be very detailed about why you think COVID-19 affected it. Ask for an interview & release.

● Attachments: Always try to attach something, such as anything you submitted previously, such as a form 22, 7362 health care services request, 1824, CDCR policy, or medical records. If you lack documents to attach, state why.

“602 HC” Health Care AppealIssue: Personal Medical Risk to Request Release Due to COVID-19

602HC Part A: Explain the decision, action, condition, omission, policy, or regulation that has had a material adverse effect upon your health and welfare for which you seek administrative remedy. [For 602 HC you write the “action requested” here too]

Sample Language: “I have the following medical conditions: [fill in with examples]. (See Exhibit __: CDCR Medical Record Dated ___) I have the following risk factors for COVID-19 [fill in with examples]...

“602 HC” Health Care Appeal Issue: Personal Medical Risk to Request Release Due to COVID-19 Cont.

...(See Exhibit __: CDCR Medical Record Dated ___) CDCR is providing me the following treatment [fill in with examples]. I have requested but am not receiving the following treatment [fill in with examples]. I am diagnosed with ___. I suffer from the following symptoms ___. The news and public health officials indicate this condition puts me at risk of death from COVID-19 if I remain incarcerated. The close unsanity quarters, lack of access to protective measures, and limited medical capacity all mean that I would be at greater risk of infection if I remain in custody, and also pose a greater risk of needing extreme measures, such as ventilator access, to save my life should I become infected...

“602 HC” Health Care Appeal Issue: Personal Medical Risk to Request Release Due to COVID-19

...I have been diagnosed with ____ because of this I am more at risk because ___ I am enclosing the following documentation of my medical condition (example of custody documents that show medical conditions ____ , example of medical documents that show conditions). Release is the only thing that will save my life.”

COVID-19 Specific Remedies

Issue: Problems With COVID-19 Medical Care

Describe: factors related to receiving sterile and socially distant medical care, mental health care, and disability accommodations

❏ Have they changed pill line or medication protocols? Did they change your medication to "Keep on Person" (KOP) designation? Did you get 30 days of medication? Are they now administered cell front?

❏ Are medical and custody staff wearing protective equipment such as respirator, surgical mask, eye protection (e.g., goggles, a disposable face shield that covers the front and sides of the face), gloves, and disposable gown or coveralls?

COVID-19 Specific RemediesIssue: Problems With COVID-19 Medical Care Cont.

❏ How are they tracking symptoms? Coming door to door an asking? Passing out 7362 (sick call slip) ot 602 HC

❏ How are people with disabilities being accommodated?

Sample Language: “COVID-19 has negatively affected my medical care by _ (caused denial of care, caused switching of doctors, caused to miss appointments, caused to change medication, caused harmful impact on treatment plan, etc.) As a result of the wrongful action of ___ by CDCR staff ____ the following harm occurred ____. On the date of ___ took the improper action of ____. I am requesting ___ (medication, treatment, appointment, assistive device, chrono, transfer).”

COVID-19 Specific Remedies

Issue: Limits On Medical Services Because of COVID 19

Describe: Impacts on access to medical care, including mental health care, and disability accommodations.

❏ What pending medical or dental procedures did you have schedules that were postponed?

❏ How did this change your medical and mental health appointments and routine?

COVID-19 Specific RemediesIssue: Limits On Medical Services Because of COVID 19

Sample Language: “The facility’s medical facilities prevent recommended precautions from being taken because [fill in with examples]. The facility’s medical staff prevent recommended precautions from being taken by [fill in with examples] . I have the following serious medical needs [fill in with examples]. I received a diagnosis of __ on ___. This is documented in ___. CDCR became aware of these needs because ___. CDCR had actual knowledge of the risk it caused to me because ____. On ___ date I filed a “Sick Call Slip - Form 7362”. Attached hereto as Exhibit __ is a true and correct copy of the Form dated __. Staffing is inadequate because ____. Training is inadequate because ___. Facilities, Equipment, and Supplies are inadequate because ___…

COVID-19 Specific RemediesIssue: Limits On Medical Services Because of COVID 19

...CDCR withholds ___ until payment _____. CDCR charged me ___ for ____. I am indigent ___. Staff comments such as ___. Staff attitudes are ___. Staff ____ interfered with my access to medical care by ____. The delay between requesting treatment and receiving treatment is ____. Some staff fail to carry out the orders of other staff ____. Not enough staff ____. Staff are not trained to ____. However ___ are assigned to ___ despite ___. This caused me pain ____. This interfered with daily activities because ___. Sick call slips are a problem because ___. Grievances are a problem because ___.(See Exhibit _ )”

STEP 5 Incarcerated Person Submits The Forms and

Attachments

Step 5: Submits The Forms and Attachments

● Give a Form 22, an appeal form, and an envelope addressed to the Appeals Coordinator to a staff person and ask them to sign the Form 22 and give you the goldenrod copy.

Step 5: Submits The Forms and Attachments

● Put forms in the envelope, seal it, and place it for mailing.○ 602 Level 1 and 2 = use a U Save Em and address to the Appeals

Coordinator. SUBMIT EMERGENCY APPEALS HERE.

○ 602 Level 3 = use regular mail and address to Chief, Inmate Appeals Branch, CDCR, PO Box 942883, Sacramento, CA 94283-001.

○ 602HC Level 1 = address U Save Em to Health Care Grievance Office.

○ 602HC Level 2 (there is no level 3) = use regular mail and send to Health Care Correspondence and Appeals Branch, P.O. Box 588500, Elk Grove, CA 95758. SUBMIT EMERGENCY APPEALS HERE.

Step 5: Submits The Forms and AttachmentsPlace It For Mailing Cont.

● All COVID related requests should be considered an emergency. If there is an emergency write this on the top of any kind of form. They skip the first level and CDCR must respond within 5 working days at the second and third levels.

● When you submit your 602s submit them to a staff person along with a form 22 that documents the day and time you submitted them, the form 22 is documentation that you submitted forms in a timely and proper manner in case prison staff lose your request or do not answer it in a timely manner.

STEP 6Incarcerated Person Copies Forms & Sends

to Officials & Advocate(s)

Step 6: Copy Forms & Send to Officials & Advocate(s)

Mail a copies (because of emergency leading to denial of law library access consider handwriting or typing a copy) of your forms, and ideally with a declaration with more information and anything you think would be helpful for release VIA LEGAL MAIL to:

● Prison Law Office (PLO), General Delivery, San Quentin, CA 94964

● Rosen, Bien, Galvan, & Grunfeld (RBGG), 101 Mission St. 6th Floor, SF, CA 94105

● The Public Defender’s office and/or the private attorney that handled your criminal case to request resentencing under PC 1170(d).

https://prisonlaw.com/https://rbgg.com/http://www.cpda.org/County/CountyPDWebSites.html

Step 6: Copy Forms & Send to Officials & Advocate(s)Mail To Cont.

● Governor Gavin Newsom, State Capitol, 1303 10th St. Suite 1173, Sacramento, CA 95814.

● The legislators representing your home district and the district you are incarcerated in.

● Email your request for release and all this documentation to [email protected].

● Your loved ones to write to people above to advocate for your release.


Other CDCR Contacts

● J. Clark Kelso, Federal Medical Receiver (916) 739-7000 [email protected]

● Ralph Diaz, Secretary for CDCR (916) 324-7308 — press 4 and leave message for Ralph Diaz [email protected]

● Diana Toche, Undersecretary - Health Care Services [email protected]

● Connie Gipson, Director, Division of Adult Institutions [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]


Other CDCR Contacts

● 1170(d)(1) exceptional conduct and medical resentencing requests to CDCR [email protected], masters, Mike@CDCR

● If people have gone before the board and found suitable, should contact BPH to ask for expedited release, and contact Governor during the 120 wait period and pressure Governor to release [email protected]

mailto:[email protected]

RESOURCES

● List of COVID in prison tracking websites

● Justice Collaborative

● Ella Baker Center

● UCLA Law Chart of Correctional Policies and Responses

● Michigan Law Case Clearinghouse

https://docs.google.com/spreadsheets/d/1bE_ll87M0Bfl7B1T5KAZp6AvGrPReS9b1Mw30F_i_Mg/edit#gid=0https://thejusticecollaborative.com/covid19/https://ellabakercenter.org/COVID19EBChttps://docs.google.com/spreadsheets/d/1X6uJkXXS-O6eePLxw2e4JeRtM41uPZ2eRcOA_HkPVTk/edit#gid=1641553906https://clearinghouse.net/results.php?searchSpecialCollection=62

ResourcesCont.

● Federal Defenders https://www.fd.org/coronavirus-disease-2019-covid-19

● National Association of Criminal Defense Lawyers - COVID-19 Resources

● Marshall Project, Tracking Prisons' Response to Coronavirus

● Prison Policy Initiative: Virus response

● Council of State Governments - Seven Questions About Reentry Amid COVID Confusion - CSG Justice Center, tool to help advocates work with their clients on reentry

● University of Michigan Coronavirus News in Spanish

https://www.fd.org/coronavirus-disease-2019-covid-19https://www.nacdl.org/content/coronavirusresources?_zs=EU81J1&_zl=2dfe5https://www.themarshallproject.org/2020/03/17/tracking-prisons-response-to-coronavirushttps://www.prisonpolicy.org/virusresponse.htmlhttps://csgjusticecenter.org/seven-questions-about-reentry-amid-covid-confusion/https://csgjusticecenter.org/seven-questions-about-reentry-amid-covid-confusion/https://espanol.umich.edu/noticias/

Links to Prison Law Office Guides● California State Habeas Corpus Manual, June 2019 new court form - now

HC001

● CDCR Recommendations for Resentencing (PC 1170(d)(1)), October 2019 new Information on CDCR recommendations for resentencing, including a manual prepared by the Ella Baker Center for Human Rights — Back to Court: a Resentencing Guide for the Fair and Just Sentencing Reform Act (SB 1393) and PC 1170(d)(1)

● Direct Appeals of Criminal Convictions, August 2018 Spanish version

https://prisonlaw.com/wp-content/uploads/2019/06/HCM-June-2019.pdfhttps://prisonlaw.com/wp-content/uploads/2019/10/PC-1170d1-resentencing-with-attachment-Oct-2019.pdfhttps://prisonlaw.com/wp-content/uploads/2018/08/Direct-AppealAugust-2018.pdfhttps://prisonlaw.com/wp-content/uploads/2015/09/DirectAppealsSPFullJan2012.pdf

Links to Prison Law Office GuidesCont.

● Federal Habeas Corpus Manual, January 2015

● Administrative Appeals, August 2019 Spanish version How to file an administrative appeal challenging CDCR policies or actions.

● Administrative Segregation, May 2014

● Lawsuits for Money Damages Against Prison Officials Manual, July 2012Spanish version

● Personal Safety and Reasonable Safety Claims, July 2019

● Requesting CDCR Medical Records, January 2020

https://prisonlaw.com/wp-content/uploads/2015/09/FederalHabeasJan2015.pdfhttps://prisonlaw.com/wp-content/uploads/2019/08/AdminAppeals-2018-Aug2019-Addendum.pdfhttps://prisonlaw.com/wp-content/uploads/2015/09/AdminAppealsSPFullJan2013.pdfhttps://prisonlaw.com/wp-content/uploads/2015/09/AdministrativeSegregationMay2014.pdfhttps://prisonlaw.com/wp-content/uploads/2017/03/PersonalInjuryfullMarch2017.pdfhttps://prisonlaw.com/wp-content/uploads/2015/09/PersonalInjuryJuly2012SP.pdfhttps://prisonlaw.com/wp-content/uploads/2019/07/Personal-Safety-July-2019.pdfhttps://prisonlaw.com/wp-content/uploads/2020/01/Medical-Records-Requests-Jan-2020.pdf

Links to PC 1170(d)(1) Guides

● Flowcharts Explaining 1170(d)(1) Process

● Ella Baker Center SB 1393 / 1170 Guide (Draft)

● Older 1170(d)(1) Guide & Summary of Steps to Prepare Petition Contents

● Guide to writing support letters (loved ones, community orgs)

● Sample Letter to Request CDCR Initiate 1170

● Sample template letters for faith community to support 1170(d)(1) request

● Sample template letters for CDCR staff to support 1170(d)(1) request

●

https://drive.google.com/file/d/1B8VUTrxGJ3LKFXLhHxQv0m2BWKK9T_Er/view?usp=sharinghttps://drive.google.com/file/d/1xWF1Za2yCp0pSxPBwRsD2OJhT4aG6P5e/view?usp=sharinghttps://docs.google.com/document/d/1cGqZEgtw0R_wfjSXzJ4L5g7sx2HEx-bt7sVEOSk4Kac/edit?usp=sharinghttps://docs.google.com/forms/d/e/1FAIpQLSeKk_Y952CG6FeiUOMil57g7ZC74bw7VFmONVXVlKEgO0MBZw/viewform?usp=sf_linkhttps://drive.google.com/file/d/1eJlFf0QPHjgFLrCHvaAOhUc7Zy5HIgjg/view?usp=sharinghttps://drive.google.com/file/d/12xds-VBUmTIs6Fas_c0hPKaQ93IJM5iD/view?usp=sharinghttps://docs.google.com/document/d/1STmAJ3C9-1V3M31XTGS18qZpZhrjAlEgBuZ4uE3it5c/edit?usp=sharinghttps://drive.google.com/open?id=1y0AXDVQdxmbHWT4c5eIWMvzxK-ps9bGQhz_AMpqjVp0

Links to PC 1170(d)(1) GuidesCont.

● CDCR’s Memos and Policies

● Sentence Review Project Intake Form - To Ask DAs to Initiate Resentence

● Training videos on How to File for 1170(d)(1): Video 1, Video 2

https://caitlinkellyhenry.com/links-resources/1170d/https://www.sentencereview.org/for-people-currently-incarceratedhttps://vimeo.com/ondemand/prisoneradvocacynetwork/291291305http://traininghttps://vimeo.com/ondemand/prisoneradvocacynetwork/291291305https://www.youtube.com/watch?v=jeGgkisua6Y&feature=youtu.be

Additional Links

● https://www.rootandrebound.org/covid19/

● https://droplwop.com/commutations-application-guide/

● https://prisonerswithchildren.org/coronavirus/

● https://www.cdcr.ca.gov/covid19/

● Plata case

● Coleman case

https://www.rootandrebound.org/covid19/https://droplwop.com/commutations-application-guide/https://prisonerswithchildren.org/coronavirus/https://www.cdcr.ca.gov/covid19/https://www.courtlistener.com/docket/4183159/plata-v-newsom/https://www.courtlistener.com/docket/4161512/pc-coleman-v-newsom/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

Court Covid Orders● State Court Orders

Federal

California, Central

● Order Court Operations COVID-19

● Order Restrictions on Visitors to Courthouse

● General Notice

California, Eastern

● Order Court Operations COVID-19


California, Northern

● Amended Order Court Operations COVID19


California, Southern

● Order Court Operations COVID19 Chief Judge


● o Order Interim CJA Payments

http://wiki.waylandchang.com/index.php/COVID-19?fbclid=IwAR3agwhh0cL062j29XOjQLYTPE4iTVxgrt2Z8dJFEmGOnzPEIIshJ7oi3kghttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_17_court_operations_covid19_20-02_amended.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_13_access_to_court_facilities_cac.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_21_notice_-_covid-19_0.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_18_courthouse_closings_covid19_go_6121.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_12_visitor_restrictions.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/amended_order_court_operations_covid19_032520.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/general_order_amended_san_jose_court_closed_032320.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/order_court_operations_covid19_chief_judge.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/2020_03_17_order_visitor_restrictions_17-a.pdfhttps://www.fd.org/sites/default/files/covid19/federal_court_orders/ninth_circuit/order_interim_cja_payments_032320.pdf

State Court Forms● California State Habeas Form

https://www.courts.ca.gov/documents/hc001.pdf

Guide to Federal Districts & CountiesFederal courts are divided into different jurisdictions. Here is a list of federal districts in California and the counties that fall within each district. To find which district to file in, find the county where the prison or jail in question is located.

Guide to Federal Districts & CountiesNorthern District

● Counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma.

● Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose.

● Petition Under 28 USC § 2254 for a Writ of Habeas Corpus by a Person in State Custody

● Notice of Appeal

● Instructions for 9th Circuit Form 6 (attached as page 2 to Notice of Appeal).

● Application to Proceed in District Court Without Prepaying Fees or Costs - Prisoner Case

● Complaint under Civil Rights Act—Prisoner Case

● Pro se handbook

●

https://www.cand.uscourts.gov/pro-sehttps://www.cand.uscourts.gov/petition_for_writ_of_habeas_corpus_28-usc-2254/https://www.cand.uscourts.gov/notice-of-appeal_rev-dec-18-3/https://www.cand.uscourts.gov/wp-content/uploads/forms/civil-forms/NOA_Representation-statement-instructions_Dec.pdfhttps://www.cand.uscourts.gov/instructions_for_filing_ifp_application_by_prisoner_3-2020/https://www.cand.uscourts.gov/complaint_under_civil_rights_act-42-usc-1983-p/https://www.cand.uscourts.gov/wp-content/uploads/2020/02/Pro_Se_Handbook_2020_links.pdf

Guide to Federal Districts & CountiesCont.

Eastern District

● Counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.

● Court for the Eastern District shall be held at Fresno, Redding, and Sacramento.

http://www.caed.uscourts.gov/CAEDnew/index.cfm/cmecf-e-filing/representing-yourself-pro-se-litigant/

Guide to Federal Districts & CountiesCont.

Central District (has 3 divisions)

● The Eastern Division

○ Counties: of Riverside and San Bernardino.

○ Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than 5 miles from the boundary of either such city.

● The Western Division

○ Counties: Los Angeles, San Luis Obispo, Santa Barbara, and Ventura.

○ Court for the Western Division shall be held at Los Angeles. ● The Southern Division

○ Counties: Orange County○ Court for the Southern Division shall be held at Santa Ana.

● CDCA Forms: Civil Rights Complaint (form CV-66) (if at facility participating in pilot program form CV-66B for electronic complaint); Request to Proceed Without Prepayment (Form CV-60P)

http://prose.cacd.uscourts.gov/?OpenDocumenthttps://www.cacd.uscourts.gov/sites/default/files/forms/4/PSP-04A.pdfhttps://www.cacd.uscourts.gov/sites/default/files/forms/4/PSP-04B.pdfhttps://www.cacd.uscourts.gov/sites/default/files/forms/CV-060P/CV-60P.pdf

Guide to Federal Districts & CountiesCentral District Cont.

Southern District● Counties: Imperial and San Diego.

● SDCA Forms: (Forms SD 1983, CIV 66, CIV 67, CIV 68)

https://www.casd.uscourts.gov/forms.aspx?list=allhttps://www.casd.uscourts.gov/_assets/pdf/forms/Pro%20Se%20Packet_Prisoner.pdf

Court FormsCont.

● CDCA Forms

○ PSP-04A

○ PSP-04B

● EDCA Forms

○ PRO SE PACKAGE: A Simple Guide To Filing a Civil Action

● SDCA Forms

○ Pro Se Packet Prisoner

○ Special lac rules

https://www.cacd.uscourts.gov/sites/default/files/forms/4/PSP-04A.pdfhttps://www.cacd.uscourts.gov/sites/default/files/forms/4/PSP-04B.pdfhttp://www.caed.uscourts.gov/caednew/assets/File/Combined%20Pro%20Se%20Packet(1).pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Pro%20Se%20Packet_Prisoner.pdfhttps://www.cacd.uscourts.gov/sites/default/files/documents/Notice%20re%20GO%2015-09_0.pdf

Court FormsCont.

● Instruction/Forms:

○ File Civil Rights Complaint Under Act 42 U.S.C § 1983

○ File Civil Rights Complaint Under 28 U.S.C § 1331 and Bivens

○ Information re Prisoner Pro Se Documents

○ File Motion to Proceed In Forma Pauperis

○ Petition for Writ of Habeas Corpus 28 U.S.C § 2241

○ Petition for Writ of Habeas Corpus 28 U.S. C § 2254

https://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%20Act%2042USC1983.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%2028USC1331%20and%20Bivens.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%20Act%2042USC1983.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%2028USC1331%20and%20Bivens.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Information%20re%20Prisoner%20Pro%20Se%20Documents.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Motion%20to%20Proceed%20In%20Forma%20Pauperis.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Petition%20for%20Writ%20of%20Habeas%20Corpus%2028USC2241.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%20Act%2042USC1983.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Petition%20for%20Writ%20of%20Habeas%20Corpus%2028USC2241.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Petition%20for%20Writ%20of%20Habeas%20Corpus%2028USC2254.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Complaint_Civil%20Rights%20Act%2042USC1983.pdfhttps://www.casd.uscourts.gov/_assets/pdf/forms/Petition%20for%20Writ%20of%20Habeas%20Corpus%2028USC2254.pdf

Legal Contacts● List of Public Defender Contact

● List of Appellate Defender Contacts

● List of Courts of Appeal Contacts

● List of Superior Court Contacts

http://www.cpda.org/County/CountyPDWebSites.htmlhttps://www.courts.ca.gov/13714.htmhttps://www.courts.ca.gov/courtsofappeal.htmhttps://www.courts.ca.gov/find-my-court.htm?query=browse_courts

Questions● We will try to offer a future webinar based on the questions people have

● Questions are organized here.

● Type into Zoom chat if you are ok with the question being public and be identified with your name in the public video

● You can also email [email protected]

● PAN COVID-19 Resources
https://docs.google.com/document/d/1FNpDu3QYeh3EuqzHLATjdKOhmwT_pYGkTxXFoysUh3s/edit?usp=sharing_eip&invite=CNn5wc4M&ts=5e8e64cahttps://www.prisoneradvocacynetwork.org/covid-19.html