Wednesday, August 26, 2015

RIP Wasco A/W Steven Troy Ojeda

WASCO, Calif. (KBAK/KBFX) - A man died Wednesday in a chain-reaction crash in the area of Kimberlina Road and Jumper Avenue near Wasco.

 The driver of a Honda Civic died after crashing into the back of a flat-bed truck and then getting rear-ended by another vehicle.

The Kern County coroner's office identified the driver as 47-year-old Steven Troy Ojeda. 

He was an associate warden at nearby Wasco State Prison. He lived in Bakersfield.

"It's an extremely hard loss for our institution and for our staff," said Lt. Patrick Falgado, a spokesman for the prison. "Our thoughts and prayers are with his family at this time."

The California Highway Patrol said dust from nearby almond workers could have impacted visibility.

"There is reports that the area was covered in dust from people working in the fields, which might have contributed to the collision," said CHP Officer Dustin Gardenhire.

For the past few weeks, Kern County, and especially the city of Wasco, has been a little bit more dusty.

It's all part of almond season, as farmers shake off trees and sweep debris into the air. 

It's especially bad this year, because of all the wildfires and smoke.

Beatris Sanders, the executive director of the Kern County Farm Bureau, said she was worried when she heard the news. She said the dust problem is something that all almond growers are aware of, but they've never seen anything like this. 

"It's always a big concern with me," she said, "especially because my children are often out there on the farm."

Sanders told us that there are supposed to be precautions in place to prevent accidents from happening. Workers take safety courses and are required to post warnings on the road.

"Bare minimum, they have signs on both sides of where they're shaking," she said. "Very bright signs. Caution, dust area, please slow down."

When Eyewitness News arrived on scene, no signs were found. No one was working in the area anymore.

Sanders said almond harvesting began around the beginning of August. It's expected to continue until the end of October.

Saturday, August 22, 2015

Behind Bars Rookie Year

In case you haven't had a chance to check out this new show.  A & E's Behind Bars - Rookie Year.

Check it out, what do you think?

Sound Familiar?

As a department our we being exposed by the many cuts in staffing at almost all of our Institutions?  The recent news on riots, suicides and attempted Murders on Staff members!  The BOP is having the same issues!  The video is very typical of what's happening in many of our Facilities.

Wednesday, August 19, 2015

Attempted Murder of a PO at CMF

VACAVILLE – Officials at California Medical Facility (CMF) in Vacaville are investigating the attempted homicide of a correctional officer early Tuesday morning.
At approximately 1:40 a.m., while working in CMF’s Psychiatric Administrative Segregation Unit, a correctional officer was attacked by an inmate with an unidentified weapon. The officer was able to fight off the attack and secure himself in a safe area.
Additional staff responded to the incident and secured the inmate.
The officer was transported to the CMF Medical Clinic for initial treatment but was transported to an outside hospital for further medical evaluation and treatment. The officer was later released from the outside hospital and is recovering.
The inmate was medically evaluated and transferred to another institution.
At this time, the motive for the attack is unknown. The incident is being investigated by CMF’s Investigative Services Unit.
No other staff members were injured as a result of this incident.
The Psychiatric Administrative Segregation Unit is for inmates at the Enhanced Outpatient Program or Correctional Clinical Care Management System level of mental health care.
CMF was established in 1955 and houses minimum-, medium-, maximum- and high security inmates. CMF has a Correctional Treatment Center, in-patient and out-patient psychiatric facilities, a Hospice Unit for terminally ill inmates, and general population. Additionally, the Department of State Hospitals operates a licensed, Acute Care Psychiatric Hospital and an Intermediate Care Facility within CMF. The prison houses approximately 2,400 inmates and employs nearly 2,000 people

Saturday, August 15, 2015

Food Port Update by CCPOA legal

Legal Update - By Chief Counsel Dan Lindsay / CCPOA Staff Counsel Phillip Murray

The information provided below is intended as legal information and is not to be considered legal advice. Please consult with an attorney regarding how the laws, rules, or MOU sections may apply to your specific circumstances.

DOM Allows Officer to Utilize Verbal Persuasion to Convince an Inmate to Relinquish a Food Port Before Making A Supervisor Notification.

This week's Weekly Update is to update members on a case that was discussed during the "Emerging Legal Issues in Use of Force" at CCPOA's 2015 convention. A correctional officer was disciplined for failing to immediately notify his supervisor after an inmate stuck his arm into a food port and at first refused to allow the officer to close the food port. The inmate eventually surrendered the food port after the officer verbally persuaded him to do so. The officer's institution issued a letter of reprimand and in doing so, appeared to be reading a 2014 revision to the DOM as a requirement that a supervisor be notified upon an inmate's taking of a food port. That is, the mere taking of the food port triggers an officer's duty to notify a supervisor. CCPOA attorneys prepared to argue in the officer's appeal to the State Personnel Board that the Department was misreading the DOM section at issue.

By way of background, in 2014, the Department amended DOM Section 51020.11.3 to require officers facing an inmate who takes control of a food port to back away and notify a sergeant when verbal persuasion fails to convince the inmate to relinquish the food port. Subsequent Department training materials stressed that the purpose of this amendment was to explain that an inmate who controls a food port does not present an imminent threat, which would justify immediate use of force. Thus, if an officer cannot verbally persuade an inmate to surrender the food port, he or she must then notify a supervisor so that controlled force can be used.

CCPOA attorneys argued at the officer's Skelly hearing that the officer's actions adhered to the DOM.

They pointed out that Section 51020.11.3 specifically authorizes an officer to use verbal persuasion. The DOM section requires only that a supervisor be notified when verbal persuasion fails but does not place a time limit on the officer.

Despite these arguments, the institution continued with the letter of reprimand, and CCPOA prepared to appear before the State Personnel Board on the officer's behalf to raise these arguments.

A few weeks before the officer's State Personnel Board hearing, the Department withdrew the letter of reprimand against the officer. In doing so, the Department appeared to recognize that DOM Section 51020.11.3 does not prohibit an officer from using verbal persuasion and that the mere taking of the food port does not require immediate supervisor notification. The Department appears to have accepted CCPOA's argument that Section 51020.11.3 grants officers the discretion to use verbal persuasion to convince an inmate to surrender the food port and by extension, the discretion to determine how long verbal persuasion can continue.

Correctional officers should bear in mind that despite this victory, DOM section 51020.11.3 still provides that an inmate-controlled food port is not itself an imminent threat justifying immediate use of force. Officers are still prohibited from using that fact by itself as justification for force. Instead, this victory has established that the Department recognizes that it would most likely fail to convince a judge that an officer cannot use verbal persuasion and must immediately notify his or her supervisor.

Friday, August 14, 2015

NKSP "Class Act"

NKSP shows support for our Troops by Wearing a Red Shirt on Fridays!  This class act should be done Statewide!  Great Job NKSP.......

Thursday, August 13, 2015

Prison Justice - Folsom

Story highlights

  • Inmate Hugo Pinell, 71, was killed in a prison riot
  • He had been sentenced to life with parole three times
(CNN)What started as a fight at a California state prison Wednesday ended in riot that left an inmate dead and five others hospitalized with stab wounds, officials said.
Prisoners began fighting in a maximum-security area at the California State Prison-Sacramento just before 1 p.m. Wednesday (4 p.m. ET). At least 100 inmates were involved, California Corrections spokeswoman Dana Simas said. No staff were injured.
Hugo Pinell, 71 -- part of a group of inmates once known as the "San Quentin Six" for their alleged role in a 1971 prison escape attempt -- was killed in the fighting, officials said.
He had been sentenced to life with parole three times: for rape with force in 1965, for killing a corrections officer at a training facility in 1971 and for violently assaulting two corrections officers during an escape attempt at San Quentin State Prison that same year, the California Department of Corrections and Rehabilitation said.
California State Prison-Sacramento, which is located in Folsom, California, adjacent to the Folson State Prison, is a maximum-security prison that houses about 2,300 inmates.