By Walter J Lewis
Within the CDCR, Life-Term inmates are the only prisoners denied custody levels that would allow them to adjust and acclimate before being paroled. Please allow me to comment.
Being sent directly back into the community after serving terms that range from 20 to 50 years, from a high security prison, is a tremendous shock. The inmate being paroled is only notified days before release.
When an inmate’s custody level is lowered, and they are given added freedom in increments, they can be evaluated on their adjustment. After all, what community is served by dumping ill adjusted parolees into their neighborhoods? Who would you want living next to your family, a parolee that has just left a high security prison after 30 years, or one that has been serving the community fighting fires at a fire camp?
I first came to the CDCR in March of 1966. At that time, once a Life-Term inmate became eligible for parole, they also became eligible for minimum custody. Today, that same inmate never qualifies for a custody reduction.
Let’s take a look at Title 15. A Life-Term inmate can have their violence (VIO) designation removed, Title 15, 3375.2, (28) VIO. On a case-by-case review for VIO means a classification committee action in which the committee conducting the review examines the totality of the inmate’s case factors including, but not limited to, the circumstances of the offense, extent of the injury to the victim(s), rational for committing the offense, criminal intent versus neglect, history of committing similar acts, and the safety of the public, staff, and other inmates.
CDCR classification takes all these factors into account and decides the Life-Term inmate does not pose a threat to the public, but still no custody reduction. The inmate has his violence designation removed, but still is housed in a high security prison. Nothing changes, it’s all “window dressing.”
Let’s look at who is eligible for minimum custody according to Title 15, Crime Prevention and Corrections.
Title 15. Page 233, 3378.2 (c) (1) Security Threat Group-I consists of groups, gangs, and/or historically based prison gangs that the CDCR has determined to be the most severe threat to the security of the institutions and communities based on a history and propensity for violence and/or influence over other groups.
NOW, Title 15. Page 213, 3375.2 (14). A validated STG-I associate or member may be granted Minimum A or Minimum B Custody on a case-by-case basis.
What has happened since I came to the CDCR in 1966 and today? In the 1970’s. Governor Ronald Reagan told the Chairman of the Parole Board, Raymond P., “Every inmate serving life with the possibility of parole, should be able to see the light at the end of the tunnel, and know what it takes to get there.” This was relayed by the chairman at a staff meeting in the visiting room of CMC. I was a clerk at the time for Dr. Bill Barkley, Ph.D. who attended the meeting.
The chairman began the new program by setting parole dates for everyone serving life with the possibility of parole when they had become eligible for parole. The parole board would also issue standards and expectations that had to be met.
This program was working extremely well until a couple of high profile cases had their parole dates set. The governor didn’t have the power to intercede, and the public outcry was enormous. As a result, the law was changed, and the governor was given the ability to rescind a parole date in these cases. This appeared to solve the problem, and again, the parole process initiated by Ronald Reagan, with slight revisions, continued to work very well. Life-Term inmate could have their custody levels lowered when they were close to parole, and they met certain criteria.
However, everything suddenly changed for Life-Term prisoners in the early 1990’s when an inmate escaped from CIM and murdered an entire family. Let’s be perfectly clear, this inmate (Kevin Cooper) was NOT a Life-Term prisoner. He was a determinant sentenced inmate with a felony hold, and should never have been given the custody reduction by classification. Yet, Life-Term inmates paid the price. All Life-Term inmates with parole dates had their parole date rescinded, and all Life Term inmates with minimum custody designations were sent back into high security facilities.
Here we are today, 30 years later, and nothing has changed for Life-Term inmates housed within the CDCR. All this is due to the conduct of a determinant sentenced inmate. I might add, after almost 60 years in the CDCR, I have never heard of a Life-Term inmate escaping from minimum custody and causing serious problems beyond having to find him. Life-Term prisoners have too much invested and have too much to lose. I think it’s clear, when CDCR classification reduced the custody of Life-Term inmates, they always did an exceptional job in screening these individuals.
A Life-Term was different in those days; that’s true. An inmate sentenced to Life for first degree murder would, on the average, serve 12 1⁄2 to 13 years. Today, inmates with the lesser second degree murder, are serving terms in excess of 40 years (!), with no end in sight. Yet, we can go all the way back to the 1950’s and the recidivism rate has always remained below .02 %.
The fact is, Life-Term inmates that have proven themselves, should be given the opportunity to adjust to environmental conditions outside high security prison before they are placed back into the community. If you’re eligible for parole, you should be eligible for a custody reduction if you’ve earned it.
AN ADDENDUM: I am a Level I Life-Term inmate with a classification score of 0. I have over 15 years of exemplary conduct. My violence (VIO) designation was removed by a Classification Staff Representative (CSR) after the recommendation by prison classification committee in January of 2019. However, I continue to be housed at a Level II facility since there are no Level I prison facilities that are open to Life-Term inmates with “Medium custody.”
I have served over 43 years on a 18-to-life term. Moreover, I have been credited with saving the life of a correctional officer, but that means nothing when you have a Life-Term.
Last year, before Correctional Training Facility-South was closed, the MAC (Men’s Advisory Council) was told by prison administration that Sacramento sent them memos requesting their input on allowing “Lifers” the chance for minimum custody. I don’t know what happened, but I suspect that CDCR prison administration would not want the burden placed on them.
Life-Term inmates should be eligible for minimum custody if they have met all the standards for Level I housing. They are required to meet eight requirements of exceptional conduct to be granted Level I status and have their VIO removed. That should be enough.
