Please Read Letter Regarding Continued Abuse at N.A. Chaderjain Youth Correctional Facilit

Hello folks,

I'm forwarding an important letter below. Please read it, write your own and mail it or fax it or both, to at least one of the people listed below. Also, please distribute widely. They need to get as many letters as possible,

in solidarity,
Donna


Forwarded from Laura Talkington, her son is incarcerated in Chad:

"Please Read" Letter from my Husband to Matthew Cate, Inspector General, Regarding Continued Abuse at N.A. Chaderjain Youth Correctional Facility

From: laura [at] caswellbell.com
Subject: "Please Read" Letter from my Husband to Matthew Cate, Inspector General, Regarding Continued Abuse at N.A. Chaderjain Youth Correctional Facility
Date: July 15, 2005 10:25:31 AM PDT

his letter has been faxed to the following:

President George W. Bush and (202) 456-2461
First Lady Laura Bush
in your official capacity but
more importantly as “Parents”

Governor Arnold Schwarzenegger (202) 624-5280
and First Lady Maria Shriver in (916) 442-2637
your official capacity but more
importantly as “Parents”

Matthew Cate, Inspector General (916) 928-5996
Senator Gloria Romero (916) 445-1418
U.S. Dept. of Justice (202) 514-0212
(Civil Rights Division)
Board of Corrections (916) 327-3317
Roderick Hickman (916) 442-2637
Bernard Warner (916) 262-1767
Mark Gantt, Internal Affairs (916) 262-2153
Superintendent of N.A. Chaderjain (209) 547-0622
Prison Law Office (415) 457-9151



Edward W. Brady
Laura A. Brady
P.O. Box 11759
Fresno, California 93775
Telephone: (559) 227-6068
Cellular: (559) 709-5831

July 15, 2005


Matthew L. Cate, Inspector General
Office of the Inspector General
P.O. Box 348780
Sacramento, CA 95834

Re: N.A. Chaderjain Youth Correctional Facility (“CHAD”)
David Remillard, YA# 84699, and all the youth housed at CHAD

Dear Mr. Cate:

Since, on or about, Tuesday, July 5, 2005, all of the youth, including my son David, housed at the CHAD facility in Stockton have been on continued lock down. The youth have been denied telephone contact with their families, visits from their families, showers, court mandated programing, schooling, and their constitutional right to file grievances regarding these abuses.

Staff has informed the youth that they can treat them like this because they are now under CDC jurisdiction. Staff also informed the youth that this information comes directly from the top correctional officials in Sacramento, and not from the Superintendent, Eric Umada.

The California Department of Corrections and Rehabilitation, the Division of Juvenile Justice (formerly the California Youth Authority), and staff working at the N.A. Chaderjain Youth Correctional Facility are in violation of California Code of Regulation Title 15, Division 4, Chapter 3, section, which states the following:

§ 4696. Visiting Program.
The superintendent of each institution or camp shall maintain a visiting program which enables wards to visit with their parents and others. The visiting program shall conform to the following guidelines

(a) Visiting shall not be restricted as a disciplinary measure. (The alleged incident occurred on Paharo and not on any other living unit. Since each living unit is self contained there is absolutely no reason for everyone to be put on lock-down)
(b) Visiting may be disallowed or limited when
(1) The ward or others may be exposed to danger.
(2) The ward may be able to escape.
(c) Under unusual circumstances visiting may be limited because of inclement weather, restricted visiting facilities, or similar conditions.
(d) The visiting period shall be at least once each week.
(e) Information regarding visiting, such as time, place, transportation, and rules of visiting, shall be provided to wards, their families, and other appropriate persons.
(f) A visit may be terminated at any time it becomes dangerous to the security of the institution or welfare of the ward.
(g) Visiting during nonscheduled hours may be permitted on an individual basis when it will not interfere with regular institutional operations.
(h) The superintendent shall provide three levels of supervision for ward visiting
(1) Privileged Visiting. Privileged visiting and communication between a ward and his attorney of record are confidential and shall not be sound monitored.
(2) General Visiting. General visiting shall be conducted under room or area supervision (usually sight supervision) but not close sound monitoring. Family members and other persons, as determined by the superintendent, may visit under general visiting. The superintendent may restrict visiting in individual cases if such visiting may pose a threat to institution security, or of physical injury to a person.

NOTE Authority cited Section 1712 [Deering's], Welfare and Institutions Code. Reference Sections1001 [Deering's], 1002 [Deering's], 1004 [Deering's] and 1752 [Deering's], Welfare and Institutions Code.

The California Department of Corrections and Rehabilitation, the Division of Juvenile Justice (formerly the California Youth Authority), and staff working at the N.A. Chaderjain Youth Correctional Facility are also violating the Civil Rights of Institutionalized Persons Act (“CRIPA”) 42 U.S.C. § 1997, and; the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, which makes it unlawful for any governmental authority with responsibility for the incarceration of juveniles to engage in a pattern or practice of conduct that deprives incarcerated juveniles of constitutional or federal statutory rights.

The Constitution mandates that incarcerated individuals have readily available access to the institution’s grievance process. Bradley v. Hall 64 F.3d 1276,1279 (9th Cir. 1995)

Incarcerated youth have a right to access to telephones, subject to reasonable security limitations. Strandberg v. City of Helena 791 F.2d 744, 747 (9th Cir. 1986)

The Due Process clause of the Fourteenth Amendment to the U.S. Constitution governs the standards for conditions of confinement of juvenile offenders and those awaiting juvenile justice hearings. Gary H. v. Hegstrom 831 F.2d 1430 (9th Cir. 1987) Confinement of youth in conditions that represent a substantial departure from accepted professional judgment violate the Due Process clause. Youngberg v. Romeo 457 U.S. 307 (1982); Bell v. Wolfish 441 U.S. 520 (1979); Alexander S. v. Boyd 876 F. Supp. 773, 796-799 (D.S.C. 1995), aff’d in part and rev’d in part on other grounds, 113 F.3d 1373 (4th Cir. 1997), cert. denied, 118 S.Ct. 880 (1998)

Therefore, we urgently request that the Office of the Inspector General demand that the California Department of Corrections and Rehabilitation, the Division of Juvenile Justice (formerly the California Youth Authority) and staff working at the N.A. Chaderjain Youth Correctional Facility immediately stop their illegal conduct and unconstitutional practices. Finally, we demand that family visits and contact with families be reinstated immediately.

I am sending this letter to you because the complaint procedure provided by your office and Walter Allen III (the former director of the California Youth Authority) set forth on the poster and memo directed to the youth at CHAD cannot be followed due to the fact that the telephones at CHAD remain blocked. No one can call out to lodge their grievance.

This matter is one of great concern and urgency, and your immediate response is appreciated. Thank you for your anticipated cooperation.


Very truly yours,


Edward W. Brady
Father of David Remillard

EWB:lab