By Michael Brodheim In May 2013, a California appeals court invalidated regulations promulgated by the California Department of Corrections and Rehabilitation (CDCR) regarding the manner
By Mark Wilson
The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in a religious-based drug treatment program.
Citing “uncommonly well-settled case law,” the Court of Appeals found in 2007 that the First Amendment is violated when the state coerces an individual to attend a religious-based substance abuse program. See: Inouyev.Kemna, 504 F.3d 705 (9th Cir. 2007).
The California Department of Corrections and Rehabilitation (CDCR) contracts with Westcare, a private entity, to provide drug and alcohol treatment for parolees in Northern California. Westcare, in turn, contracts with Empire Recovery Center, a non-profit facility. “Empire uses a 12-step recovery program, developed by Alcoholics Anonymous and Narcotics Anonymous, that includes references to ‘God’ and to ‘higher power.’”
Barry A. Hazle, Jr., an atheist, was incarcerated due to California drug convictions. His parole conditions required him to complete a 90-day residential drug treatment program.
Prior to his February 26, 2007 release from prison, Hazle had asked prison and Westcare officials to place him in a non-religious treatment program. Westcare officials directed Hazle to Empire.
When Hazle realized Empire was a religious-based program, he repeatedly objected to Westcare officials. They responded “that the only alternative to Empire was a treatment facility whose program had an even greater focus on religion.”
In February, the State of California secured yet another extension to the date by which it must comply with the U.S. Supreme Court order to reduce overcrowding in its state prisons. Prior to the February 10, 2014 ruling, the deadline for reductions in prison overcrowding was set for April, but in the latest decision, three federal judges gave the state an additional two years to comply.
California’s prison population is second only to Texas. Between 2000 and 2010 the inmate population was relatively stable, with a 2010 population of 165,062, or 0.44% of the state’s population, an increase of just 1.3% since 2000. Long-running lawsuits against overcrowding, particularly from inmates with serious medical or mental health conditions, forced a reduction. In 2010, the prison population fell by 9.4% to 149,569, but overcrowding remains a serious problem. California state prisons are currently 44% over the listed capacity.
The state’s increasingly harsh sentencing laws are a significant part of the problem, but despite long sentences and often miserable prison conditions, California’s recidivism rate is much higher than the national average. Roughly 60% of released prisoners are back behind bars within three years, compared to 44% nationally. Nor has the current strategy resulted in safer communities. Data from the Federal Bureau of Investigation and the U.S. Department of Justice for 2011 show that although rates for some crimes are below the national average (13% lower for burglary, 20% lower for larceny/theft, and 24% lower for forcible rape), for other rates, California significantly exceeded those for the nation as a whole: violent crimes are 6.4% higher, robbery 27% higher, and motor vehicle thefts a whopping 70% higher. Given the dire state of California’s public finances and the clear failure of the prison system, it shouldn’t require a court order to persuade the state to re-think its strategy.
With numerous restrictions imposed on inmates already, California prison authorities are beginning to move to tighten censorship of books, newspapers, photos, and letters in response
Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections
In an unpublished ruling, the Ninth Circuit Court of Appeals reversed a federal district court’s sua sponte dismissal of a California prisoner’s claims that prison
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