Our friends at DEATH PENALTY FOCUS here
in California are asking everyone to participate in the below action. You can this take action even if you do not live in California! Your few minutes right now could really make a difference!
But first, two quick announcements: #1 - See opportunities for action on NCADP's calendar of upcoming events here and #2 - See NCADP's summer edition of Lifelines, available now on our web page here
And now, the California action:
Breaking News!
The State of California has announced that it is moving forward with developing execution procedures so that executions can resume. Executions have been on hold for more than three years. The State will be holding a hearing on Tuesday, June 30th from 9am to 3pm in Sacramento to hear public comments about the proposed execution procedures.
Death Penalty Focus, along with our allies, will be organizing a critical Day of Action to End the Death Penalty on June 30th.
What you can do:
1. Please join us in Sacramento on June 30th. Click here to sign-up.
Name and Contact Information here
Free buses/carpooling from Oakland and San Francisco will be available.
2. Please consider submitting a written comment expressing your concern about the proposed lethal injection procedures in California. (Sample letter bottom of this post) Please TAKE THIS ACTION even if you do not live in California.
How to Submit a Written Public Comment on CDCR's Proposed Lethal Injection Procedures:
1. The California Department of Corrections and Rehabilitation (CDCR) has released proposed regulations on the lethal injection process for public comment. Any member of the public may comment on any aspect of the proposed regulations.
2. The CDCR is required by law to read and consider every relevant comment. The summary below is provided to assist interested members of the public in understanding how the proposed regulations impact individuals and the state, and in drafting relevant public comments.
3. You are encouraged to make your letter as long as you want, and to include as much information as you want about yourself and your perspective on the death penalty. (Please feel free to visit DEATH PENALTY FOCUS's website (SEE TOP of this blogpost) for the latest facts and statistics. Please make sure to include at least one comment that is specific to the proposed regulations (examples below).
4. Written comments may be submitted by mail, fax, or email. They must be received by June 30, 2009 at 5:00 pm PDT. If possible, please consider submitting your comment between June 20th and June 30th. If you send your comment by mail, please also consider sending a copy by email to ensure it arrives by June 30th.
5. Comments should be directed to:
Mr. Timothy Lockwood
Chief, Regulation and Policy Management Branch
California Department of Corrections and Rehabilitation
P.O. Box 942883
Sacramento, CA 94283-0001
Email : rpmb@cdcr.ca.gov
Fax : (916) 255 5601
6. Comments should note that they are regarding the proposed Amendments to Title 15, Article 7.5, Sections 3349.
7. Please include your name and address in your letter.
8. Please consider looking at our Sample Letter for ideas on how to set-up and structure your letter.
Primary Issues of Concern:
I. Fiscal Impact of the Proposed Regulations
The CDCR is required to make an assessment of the fiscal impact of the proposed regulations. The CDCR has declared that the proposed regulations have no fiscal impact at all. This is incorrect. The public has a right to know exactly how much it will cost taxpayers to carry out executions using lethal injection at San Quentin prison, as proposed in the regulations.
II. Media Access and the Public's Right to Know
If the state of California kills prisoners in the name of the people, then the people have a right to know the truth about the process. The First Amendment protects the right of the media to witness the execution and to access information about the process. The proposed regulations unduly limit the media's access to information, and therefore the public's right to know.
III. Religious Freedom and Rights
The Constitution, human rights norms, and basic human decency require that before the state takes a person's life, he or she should be provided with full access to and support of appropriate religious advisors. The proposed regulations unduly interfere with the religious rights of the person to be executed and fail to guarantee all necessary religious freedoms.
a. The State Chaplain Cannot be Asked to Disclose Private Communications
The proposed regulations require the State Chaplain to report to the Warden the contents of private conversations with the person to be executed (3349.3.1(e), 3349.3.3(f)). This is an unnecessary violation of the clergy penitent relationship, is contrary to the ethical obligations of clergy, and may violate state law.
b. Accommodation Must be Made for End of Life Rituals
The proposed regulations make no accommodation for end of life rituals such as sweat lodges (3349.3.4(e)). The regulations are silent as to how such requests will be handled. The CDCR previously denied at least one Native American's request to have a sweat lodge prior to execution. The regulations should include a process for requesting and accommodating such rituals.
c. All Spiritual Advisors Should be Allowed Cell Front Visiting
The proposed regulations only permit the State Chaplains to visit the person to be executed in front of his cell to conduct necessary religious rituals (3349.3.4(e), 3349.4.2(b)). All other spiritual advisors are limited to visiting in the common visiting area, a space that may be inappropriate for some rituals such as confessions. All spiritual advisors should be allowed equal access to cell front visiting.
d. A Spiritual Advisor and/or Prison Chaplain Should be Permitted in the Execution Chamber (this section may be revised slightly)
The proposed regulations limit the spiritual advisors to visiting in the holding area next to the execution chamber, and do not permit the advisor to accompany the person to be executed into the chamber (3349.3.4(e)(3)). Under the proposed regulations, other individuals are stationed in the chamber, particularly a non guard execution team member (3349.4.5(e)(8)) and the Warden (3349.4.5(f)(1)). Texas has long permitted the spiritual advisor prison chaplain to enter the execution chamber and to touch the person during the execution. There is no legitimate reason to exclude the prison chaplain and/or spiritual advisor from the execution chamber or prohibit physical contact with the person being executed.
IV. Treatment of the Person to be Executed and Their Family
Many aspects of the proposed regulations are unnecessarily dehumanizing and burdensome to the person to be executed and his family. Undoubtedly, the state's actions in carrying out the execution will always be hurtful to these individuals. But the proposed regulations impose many unnecessary burdens and restrictions that only serve to isolate and intimidate the person to be executed and his family.
V. Denial of Legal Rights
The proposed regulations fail to protect the legal rights of the person to be executed, particularly the rights of individuals with mental or physical disabilities. Further, the regulations ignore the rights of surviving family members to review and potentially contest the manner in which the execution was conducted.
For more detail on any of these sections, please request a 10-page analysis by contacting stefanie@deathpenalty.org.
CDCR's proposed regulations (43 pages) and supporting material are available here.
here
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SAMPLE LETTER
[Date]
Mr. Timothy Lockwood
Chief, Regulation and Policy Management Branch
California Department of Corrections and Rehabilitation
P.O. Box 942883
Sacramento, CA 94283-0001
Email: rpmb@cdcr.ca.gov
Re: Comment on Proposed Lethal Injection Regulations, Number 09-09
Proposed Amendments to Title 15, Article 7.5, Sections 3349
Dear Mr. Lockwood:
I care about the issue of the death penalty because... [Insert personal reasons such as your religious or moral beliefs, your experience as a teacher, police officer, lawyer, etc., your experience loosing a loved one to murder or execution, relationship to a prisoner on death row, etc.]
I am opposed to the death penalty because… [Visit www.deathpenalty.org/facts for ideas].
I am particularly concerned about the fiscal impact of the proposed lethal injection regulations. The CDCR has declared that the proposed regulations have no fiscal impact at all. This is incorrect. The public has a right to know exactly how much it will cost taxpayers to carry out executions using lethal injection at San Quentin prison, as proposed in the regulations. The proposed regulations require hundreds, possibly thousands of hours of staff time to implement. The CDCR must calculate and disclose the cost of this staff time. In addition, implementing the proposed regulations will result in significant demonstrations outside of San Quentin, as noted in the proposed regulations (3349.3.5(a)(1)). This will require the California Highway Patrol to assist local law enforcement with crowd control and Caltrans to assist with directing high traffic flow. The CDCR must calculate and disclose these costs to the state. Finally, the land at San Quentin has been valued at $2 billion and the Governor has proposed selling it in order to raise funds for the depleted state coffers. The proposed regulations, however, are specific to San Quentin. If the proposed regulations are approved, the state will, by the Governor’s own estimates, lose the ability to realize a $2 billion gain from the sale of the San Quentin land. The CDCR must include this $2 billion opportunity cost to the state in its fiscal impact.
In addition, I am concerned about… [Select one or more and add comments.]
• The limitations placed on media access in the proposed regulations: If the state is going to kill, the public should know the truth about what is happening.
• The limitations placed on religious rights: Human rights laws and basic decency require that we provide full religious rights to any person the state plans to kill.
• The dehumanizing treatment of the person to be executed: Many aspects of the proposed regulations serve to isolate and intimidate the person to be executed and are unnecessary.
In conclusion, I support ending the death penalty in California and I oppose implementing the proposed regulations on lethal injection as drafted.
Sincerely,
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