2022 CLEMENCY ADVOCACY GUIDE
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ADVOCACY GUIDE INTRODUCTION This guide is a resource for individuals who have applied for clemency from the Governor of California and ask the question, “What do I do now?” Here, you will find information and guidance on building an advocacy campaign in support of your clemency application. This resource will cover how to request support letters from people you know, organizations, and elected representatives; launch petitions and city/county resolutions; and engage with the media. The material included is for informational purposes only and not to provide legal advice. We encourage attorneys to support clemency applicants pro bono (free of charge). This guide is intended to increase access to resources and freedom of incarcerated people. For more information on how to apply or reapply for a commutation, the process for clemency for people “twice-convicted”, and Board of Parole Hearings interview preparation, request the California Coalition for Women Prisoners’ (CCWP) “Commutation Application Guide” by writing to California Coalition for Women Prisoners, 4400 Market Street, Oakland, CA 94608. The guide is also available online here in English and Spanish: https://droplwop.com/commutations-application-guide/ For information on how to apply or reapply for a pardon, request Asian Americans Advancing Justice’s “Guide to California Pardons” by writing to Advancing Justice – Asian Law Caucus, Attn: CJR, 55 Columbus Ave, San Francisco, CA 94111. The guide is also available online here: https://www.advancingjustice-alc.org/wp-content/uploads/2019/05/pardon-guide.pdf For more information on post-conviction relief options and immigration status, please review these resources from the Immigrant Legal Resource Center: https://www.ilrc.org/sites/default/files/resources/ca_post-con-remedies-5.pdf, https://www.ilrc.org/fact-sheet-about-gubernatorial-pardons-california LETTER OF INTRODUCTION Greetings Family, My name is Steven Green. It is important you know who I am and where my life is headed, because I was once sentenced to life without possibility of parole (LWOP). After serving nearly 28 years in prison, I received a commutation from Governor Brown in 2018. I am currently a student at CSU Fullerton earning my BA degree in Criminal Justice. I am diligently working on being admitted to a Ph.D. program. I am a statewide organizer for FUELFamilies United to End Life Without Parole. I am also a member of the National Life Without Parole Leadership Council working in collaboration with Human Rights Watch. I never imagined my life being where it is at today. I want everyone to have a chance to live up to their potential and fulfill their dreams. If you have applied for clemency– a pardon, commutation, or reprieve– and you are wondering how you can uplift and advocate for your clemency, this guide is for you. The Clemency Advocacy Guide was made by advocates, family members, formerly incarcerated people, and people facing deportation. You’ll see clemency campaigns highlighted throughout the guide — the majority of the people featured have received pardons or commutations, and one person received a medical reprieve. This guide was made with love and a desire to help people come home and stay in their communities. In Community, Steven Green TABLE OF CONTENTS I. KEY PLAYERS IN CLEMENCY DECISION-MAKING (1) II. SUPPORT LETTERS (3) A. Support Letters From People You Know (3) Submitting Support Letters And Other Supportive Documents (3) Mail (3) Email (3) Governor’s Website (3) B. Support Letters From Organizations (5) C. Support From Elected Representatives (5) Identifying Relevant Elected Representatives (5) Considerations For Who To Request Support From (7) II. BUILDING A PUBLIC CLEMENCY ADVOCACY CAMPAIGN (8) A. Should I Make My Clemency Campaign Public? (8) B. Best Practices For Engaging With Media And Press (9) Deciding What Kinds of Media To Approach (9) Deciding Which Journalists To Work With And Interview Tips (9) Deciding Who Will Be Spokespeople for Your Clemency Media Advocacy (10) C. Creating Media To Amplify Your Clemency Application (10) Creating and Delivering A Petition Online (11) Decide if you want to post an online public petition (11) Choose who will be named as the petition host (12) Choose a title for your petition (12) Choose the decision-maker(s) for your petition (12) Draft a short pitch for your petition (12) Choose a photo to use for your petition (13) Choose a petition platform (13) Create your petition online (13) Posting petition updates (13) Circulating and publicizing your petition (14) Delivering Your Petition (14) Creating A Short Biography (15) Gather Photos and Creating Graphics (15) Using Canva for graphics (17) Digital Media Toolkits (17) Digital Toolkit components can include: More “How To” Social Media Resources (18) Other Social Media Strategies (18) Sample Digital Media Toolkit (19) III. BUILDING A NON-PUBLIC CLEMENCY CAMPAIGN (24) IV. APPENDIX (25) A. Reprieves (25) 1. California Governor’s Record of Granting Reprieves (25) 2. How to Apply For A Medical Reprieve (25) 3. Medical Reprieve Advocacy (26) 4. What to Expect If Granted A Medical Reprieve (27) 5. Medical release form (CDCR 7385) (28) B. Resources (32) 1. Template Support Letter From Someone You Know (32) 2. Sample Support Letter From Someone You Know (Pardon, Family Member) (32) 3. Sample Support Letter From Someone You Know (Commutation) (34) 4. Contact Information for Organizations (35) 5. Template Letter to Request A Support Letter From An Organization (37) 6. Template Support Letter From An Organization (37) 7. Sample Support Letter From An Organization (38) 8. List of State Senators And Assembly Members (39) List of Assembly Members (40) List of State Senators (48) 9. Template Letter to Request A Support Letter From An Elected Representative (54) 10. Template Support Letter From An Elected Representative (55) 11. Template Letter to Request Support For A Resolution (56) 12. Sample Resolutions in Support of Clemency Applications (57) Full Resolution: Danny Thongsy (58) 13. Journalist Style Guides (63) Immigrant Defense Project Community Style Guide (64) 14. Petition Tutorials And Example (77) 15. Sample Biographies (80) 16. Sample Graphics (86) 17. Sample Digital Media Toolkits (88) How to Submit a Public Comment (94) ACKNOWLEDGEMENTS (98) I. KEY PLAYERS IN CLEMENCY DECISION-MAKING There are various people, organizations, and institutions who may have input on your clemency application. Below are the primary actors, their roles, and how they may help your cause. A. The California Governor’s Office: The California Constitution gives the Governor the power to grant clemency. Currently, the Governor grants clemency in the form of reprieves, commutations, and pardons. While the Governor is the ultimate decision-maker, his office can be influenced by the public, including elected representatives, your friends and family, community-based organizations, and other people and entities that can attest to your personal growth and who you are today. B. Elected Representatives: The Governor may value support from elected representatives as they make decisions on clemency applications. Further, support from elected representatives is another way to show widespread support for your application and can bring positive attention to your application. a. “Elected representatives” include state senators, state assembly members, city council members, school board members, and members of U.S. Congress. Tips on what elected representatives to reach out to can be found on page 5. b. District Attorneys are also elected representatives. The district attorney where you currently reside (for pardon applicants who are out of custody) or where you were convicted (for incarcerated commutation or reprieve applicants) may support or oppose your clemency application. After notifying the district attorney’s office, as part of the application process, we recommend only engaging with a district attorney who has a strong record of supporting other clemency applicants, or who has demonstrated a commitment to progressive criminal justice reform. C. People You Know: As explained in this guide, there are many ways your network (i.e. friends, family members, current or former employers, co-workers, educators, religious leaders) can help persuade elected representatives to support and the Governor to grant your clemency application. D. Organizations: Organizations can also persuade the Governor and elected representatives to support your clemency application. Organizations can include non-profits, labor unions, educational institutions, faith congregations, or companies. The influence of these organizations can be powerful if they work on issues the politicians care about, are located in their district, or individuals within the organization have close relationships with them. E. Prison or Jail: Prison(s) or jail(s) where you did or are currently doing time can provide certificates of achievement, employment records, laudatory chronos, support letters, and 1 other documentation of the positive contributions you made while incarcerated. If you are applying for a commutation or medical reprieve (page 25 for more info on medical reprieves) because of a terminal illness or severe/chronic disability, you may authorize the Governor’s Office to retrieve your medical records from the jail or prison. F. Board of Parole Hearings (BPH): If the Governor selects your application for further review, you may be contacted by a Board of Parole Hearings (BPH) investigator. For people who are no longer in custody, it’s possible to receive a call from the BPH investigator for additional information. For commutation applicants in California prisons, you may receive a ducat for an interview with a BPH investigator. This request is an opportunity to highlight the person you are today, your personal growth (or rehabilitation), why you are requesting clemency, and why you should receive clemency. After your interview, the BPH investigator may reach out to family members to learn more about your history and/or confirm life experiences (i.e. domestic violence, homelessness, etc.). The BPH Commissioners play a role in reviewing clemency applicants who the Governor recommends for investigation but who have a prior felony, which currently requires more extensive clemency review in California. An applicant with a prior felony must receive a majority vote recommendation from BPH Commissioners at a hearing before the Governor can refer the applicant for review by the California Supreme Court. G. California Supreme Court: If you have a prior felony, the Governor cannot grant clemency until the Board of Parole Hearings and the California Supreme Court recommends you. If you fall into this category, and the Governor selects your application for review, you must receive a clemency recommendation from BPH Commissioners before the Governor can decide whether to send your application to the Supreme Court for review. The Chief Justice will notify the Governor of the Court’s recommendation, which happens on no set timeline (it can take weeks or months, but at times a year or longer). H. Registered Victims: Victims, their family members, and witnesses (who testified in court) can register to receive updates from CDCR or a District Attorney’s office. Registered victims receive notifications about parole hearings, scheduled release dates, or other changes in custody. Notification can result in registrants submitting official opposition or support in response to clemency applications. 2 II. SUPPORT LETTERS Even after you’ve submitted a clemency application with supporting documents, you can still gather and submit additional support letters. Support letters highlight your transformation throughout your incarceration, who you are today, and the type of support writers can offer to you upon release, for those still incarcerated. We encourage your supporters to avoid discussing the unfairness of your conviction or related legal arguments, as accurate as they may be. That being said, letters that contextualize your conviction can be helpful. This context may include factors such as being criminalized as a child or youth, being a survivor of violence, or not having access to needed resources. However, if writers share context about your conviction, we recommend they do so carefully and without critiquing the system. Letters that focus on your transformation, your community service, and your support in community/reentry are most helpful. A. Support Letters From People You Know Friends, family members, current or former employers, co-workers, educators, religious leaders, and other community members can submit letters to support your clemency application. The support letter should include how the supporter knows you and how long they have known you. It should consist of some highlights about you, your life, accomplishments, and what you have done throughout your incarceration for your community. Encourage your supporters to state the specific ways they will support you upon release, such as through housing, financial, spiritual, and/or emotional support, and why they think you will succeed after being released or pardoned. If you are applying for a medical reprieve, your supporters should explain why it is essential you receive care in the community and not in prison. Supporters should also share any specific support they can offer to support your health, such as rides to medical appointments or picking up your medication. On page 32 in the Appendix, please find a template support letter from someone you know and sample support letters. 1. Submitting Support Letters And Other Supportive Documents Support letters, and any additional documentation supporting your application, can be submitted via mail, email and, in some cases, through the Governor’s website. When submitting supporting documents, include your full name that matches the name on your clemency application (or explain why it differs) and your CDCR # for those in state prisons. You also have the option to include your pardon application reference number, if you have one (this is optional and not necessary). 3 a. Mail Mail additional support letters to the Governor’s Office: Office of the Governor State Capitol Attn: Legal Affairs/Clemency Sacramento, CA 95814 b. Email Support letters can be emailed to commutations@gov.ca.gov (for commutation and reprieve applications) or pardons@gov.ca.gov (for pardon applications). c. Governor’s Website You can direct your supporters to make public comments on the Governor’s website in support of your clemency application. Community members submitting supportive comments through the Governor’s website has proven to be an effective method of demonstrating public support for clemency applications. Instructions for submitting public comment: Go to: bit.ly/ContactNewsom Select: “Have a comment” Insert: Supporter’s first name, last name, and email address Select subject: “Clemency — Commutation of Sentence” Select position: “Pro” In the text box: Supporter(s) can type their support letter for you. Contact the Governor Purpose of communication : @Have Comment O Need Help First Name: Supporter First Name Last Name: Supporter Last Name E-Mail Address: emai l@ema il.com _j Please choose your subject: Clemency- Commutation of Sentenc( " Cont inue 4 B. Support Letters From Organizations This includes support from community organizations, labor unions, former or current employers, faith groups, etc. who may help convince elected representatives to support your application and the Governor to grant your clemency application. You, your friends, and your family members can ask for support letters from organizations with which you or they are connected. On page 37 in the Appendix, please find (1) a template letter to request a support letter from an organization and (2) a template support letter from an organization. The letter to request a support letter from an organization can be from you or someone in your support network. You can include the “template support letter for an organization” with your request to make it easier for the organization to draft a letter of support. You can also include a short biography (see page 80 in the Appendix for samples). Page 35 of the Appendix includes contact information for organizations that may write letters of support on your behalf. C. Support From Elected Representatives A clemency application with support from elected officials may help convince the Governor to grant the application. 1. Identifying Relevant Elected Representatives You have elected representatives at the city, county, state, and federal levels. These representatives include state senators, assembly members, mayors, city council members, school board members, and members of U.S. Congress. Family, friends, and community members can urge their elected representatives to support your clemency application. If you have internet access, you can enter your address in this tool to look up your elected representatives at all levels of government: https://www.commoncause.org/find-your-representative/ Page 39 in the Appendix includes lists of California’s Senators and Assembly members who represent people at the state level, as of February 24, 2022. If an elected representative has a strong record of supporting individuals seeking clemency with similar convictions and/or in similar circumstances (e.g. criminalized as a youth, facing deportation, or a survivor of sexual violence), they are more likely to support your application. 5 2. Considerations For Who To Request Support From Elected representatives who represent where you are from, where your family and friends reside or work, the district in which you are or were incarcerated, and where you hope to reside when released are the most relevant elected officials from whom to request support letters. Friends and family who live or work in a different city or county in California can ask their elected representatives to support your application, too. The following are indicators that elected representatives may be willing to write a letter of support: ● They have supported criminal justice reform legislation in the past, especially if the legislation releases people from incarceration or otherwise assists people who have the same or similar convictions as you. ○ If you have internet access, you can check how California State Assembly members and Senators have voted on past legislation at couragescore.org. ○ They have a connection to your experience. For example, their district has been devastated by wildfires, and you worked as a firefighter while incarcerated. Other examples include ■ They prioritize protecting survivors of domestic violence, and you are a survivor; ■ They have a personal connection to your identity or experience (e.g. they are also an immigrant, have immigrants in their family, or have a history of supporting immigrants). On page 54 in the Appendix, you can find a template to request a support letter from an elected representative and a template support letter from an elected representative. You can also include a short biography (see page 80 in the Appendix for samples) with your request. If a friend or a family member has a connection to the elected representative, you can ask them to request the support letter on your behalf. After reaching out to an elected representative, you or your supporter may need to follow up with them multiple times to receive a reply. Elected representatives to avoid asking: Be cautious about discussing a clemency application with an elected representative who would likely oppose clemency because you do not want your application to receive negative public attention. Indicators of elected representatives who may oppose clemency include: ● They have used negative, derogatory language to describe incarcerated or formerly incarcerated individuals. ● They have supported policies in the past that are damaging for incarcerated or formerly incarcerated individuals. This may include legislation that increases the number of people imprisoned, the length of sentences, or decreases incarcerated and formerly incarcerated individuals' rights and resources. 6 3. City And County Resolutions A city or county resolution is another way for elected officials to demonstrate their support for your clemency application. If the majority of council members for a city or supervisors for a county have submitted support letters to the Governor for your clemency application or have expressed support for your application in other ways, you may want to ask one of the members to introduce a resolution in support of your clemency application. To pass a resolution, a city council member or county supervisor will introduce the resolution, and all members will vote on whether to pass the resolution. This option is good only if 1) a council member/supervisor is very supportive of your clemency application and is willing to introduce the resolution to the full council for a vote, and 2) enough council members/supervisors will vote “yes” so that the resolution passes (check if the city/county requires a unanimous or majority vote to pass the resolution). On page 56 in the Appendix, you will find a template letter to request that a city council member or county supervisor support a resolution and a sample resolution. 7 II. BUILDING A PUBLIC CLEMENCY ADVOCACY CAMPAIGN Public campaigns, which can include outreach to media outlets, sharing online petitions and digital toolkits with clemency advocacy actions, and other social media strategies, can be helpful in getting broad support from the public beyond your personal network of people and organizations. A. Should I Make My Clemency Campaign Public? Before reaching out to media outlets, creating media, or “going public” with your campaign through an online petition, it’s essential to consider whether media/publicity may harm your clemency application. Essential factors to consider before seeking media coverage or doing public advocacy: ● Consider potential victim opposition: ○ Are there victims, victims’ families, or other community members who may be upset about positive media coverage of you or your loved one? ○ If yes, are they likely to create more visible opposition to your clemency application, including negative media? ○ Could you develop relevant, genuine talking points about victim impact that you or your loved one could share proactively with the media to help mitigate harmful effects on victims? ● Consider potential political opposition: ○ Are there local or statewide groups or politicians likely to be mobilized to oppose your clemency application if they see positive press about your story? ○ Could you develop talking points to counter any negative narratives about your story/your loved one’s case? ● Reflect on your conviction and how to discuss it publicly: ○ If you caused harm, be careful not to minimize the harm you caused — this could be seen as you not taking responsibility and/or cause more harm. ○ With the above in mind, consider discussing the circumstances or events leading up to your conviction (i.e., abuse or neglect, youthfulness, lack of resources, racism). ○ Consider potential victim opposition and whether publicity might decrease support for your clemency. ● If you are someone applying for a commutation or pardon with multiple felonies, consider that your clemency application, as well as other criminal legal system information, can be made public information. 8 After considering the potential risks of making your application for clemency more public, it’s important to weigh those risks against the potential benefits of building and showing more public support for your application. If media attention may stir up vocal opposition to your release, consider whether showing strong public support might outweigh those risks (i.e., if your type of conviction is considered politically challenging, showing public support might help create more political possibility for the Governor to grant you clemency). Keep in mind that many people who did not “go public” with their campaigns have been granted clemency. A. Best Practices For Engaging With Media And Press 1. Deciding What Kinds of Media To Approach There are different types of media outlets. Before reaching out to reporters, research what media is best for your audience. Here are some considerations: ● The California Governor and State Legislators tend to pay attention to outlets like the Sacramento Bee, CalMatters, Los Angeles Times, and San Francisco Chronicle. National outlets like The Guardian, Washington Post, Politico, or The New York Times, can also be influential if your audience is the Governor. ● If you’re hoping to build more public support for your clemency application, progressive outlets can help develop a base of supporters to take action on your behalf. For example, outlets such as The Nation, The Appeal, or Truthout, can reach a sympathetic audience of potential direct supporters. 2. Deciding Which Journalists To Work With And Interview Tips There are a number of factors to consider when deciding which journalists to work with: ● If possible, request trusted people or organizations to vet the journalists before you work with them. ● If you are not familiar with the journalist, read some of their past articles to understand their politics, specifically how they have reported on people and communities targeted for criminalization. ● Ask them questions about how they might approach the topic. ● Ask them if they are working with any co-authors on the story and then read some of their work, especially if there are any red flags such as derogatory or unkind language when describing incarcerated or formerly incarcerated individuals. ● If you have strong feelings about language or terms that journalists may use that would be offensive to you or your loved one, ask them in advance if they would be willing not to use those terms. Some examples include using “incarcerated individual” or “incarcerated community member” instead of “inmate.” If you are an immigrant, considering sharing this style guide for covering the stories of immigrants with convictions: https://www.immigrantdefenseproject.org/wp-content/uploads/2021.07-CommUnity-Style Guide-R4.pdf 9 Interview Tips: Before Your Interview: ● Write out your talking points. Short sentences that focus on your main messages are often most used by journalists in their stories. The more succinct you can be, the better chance your message and framing will be included. ● Practice your talking points. During Your Interview: ● Remember that everything you share in a media interview can be used by the reporter, so be careful to only share information that you are comfortable having publicized. ● Repeat your main message or talking points as often as you can. It is okay to repeat yourself when answering different questions. ● Let a reporter know if you don’t feel comfortable answering a question. You can use transition phrases to bring the conversation back to your core message, such as “the most important thing to remember is…” or “what matters most here is…” ● Speak slowly and clearly. Regular speech speed is often too fast for reporters to take notes or for TV or radio recordings. 3. Deciding Who Will Be Spokespeople for Your Clemency Media Advocacy To write a strong story, journalists will want to talk to you and to other people who can explain why the Governor should grant you clemency and how clemency supports safe, thriving communities. As you identify media spokespeople for your clemency push, consider: ● Family members ● Friends ● Community leaders, including faith leaders ● Community-based organizations, including groups that support clemency and prison abolition/reform, and groups organized around the identity or experience of your loved one. For example: if you are seeking clemency as someone who was criminalized and incarcerated as a child, you could reach out to organizations that support incarcerated youth or provide reentry services to individuals affected by the school-to-prison pipeline. C. Creating Media To Amplify Your Clemency Application Social media can be an important tool for sharing your story with an extensive web of networks and communities, including elected officials and organizations. Additionally, the Governor’s Office sometimes looks at pardon applicants' social media presence on platforms like Facebook, Instagram, and Twitter. It can be helpful for pardon applicants to post about your job, family, community service work, and other important updates and reflections. Finally, social media can 10 be an important tool for coordinating efforts to mobilize your networks to encourage the Governor’s Office to grant you clemency. The primary purpose of using social media is to encourage many people to call in and email their support for your campaign into the Governor’s Office. Putting coordinated public pressure on the Governor’s Office can encourage the office to notice and consider your pardon or commutation application. ***NOTE: While launching a solid and widespread social media campaign can be an effective advocacy strategy for many campaigns, this strategy is not the best for everyone. In particular, we encourage you to consider how having a strong social media strategy might trigger victim opposition. Please see the section on Best Practices for Engaging with the Media and Press for more on this issue. *** ***NOTE: We recognize that not everyone reading this guide will have internet access or a support network of individuals with internet access. Although creating graphics, starting an online petition, and other online tools discussed in this section can be helpful, they are not necessary to advocate for yourself and build a campaign. We encourage people without internet access to reach out to the organizations listed in the resource bank and/or focus on other kinds of advocacy. For more on other forms of advocacy, please see these sections of the guide: requesting support letters from elected officials, requesting support letters from friends and family. 1. Creating and Delivering A Petition Online a. What is an online petition? A petition is a way to build and show public support for a person or an issue. Anyone can share a petition online, so anyone with internet access can search for and read online petitions. Online petition sites allow readers to sign petitions and to post comments about why they support petitions. Typically, petition sites only allow supporters who sign the petition to post comments, so public comments on petitions themselves tend to display positive support. b. Decide if you want to post an online public petition If you want to build public support for yourself or someone else, consider the risks of increased public attention. Asking for public support will raise attention so carefully consider the potential risks to yourself, your loved one, or someone with whom you work. For example, we encourage you to evaluate concerns about any victims who may be upset by public efforts to support you or your loved one. 11 We also encourage caution about sharing detailed information about your case, or another person’s case, including if there’s an active appeal or potential opportunity for parole and/or resentencing. In some cases, people choose to keep the petition focused on an applicant’s personal development and community service in prison, steering clear of providing conviction information or reasons why you believe the conviction is unfair. c. Choose who will be named as the petition host Anyone can host an online petition – including an individual, group, or organization. The petition host will show up on the petition as the person or group asking for support. It could be the incarcerated/detained person, parent, sibling, friend, church, or community organization. Choose what makes the most sense for you while considering what might increase your chances of building public support. d. Choose a title for your petition Choose a short and action-oriented title. Supporters should be able to determine the subject of the petition quickly and why it’s important. Example: “Please Grant Clemency for My Mother, [Name]!” e. Choose the decision-maker(s) for your petition For commutations, reprieves or pardons, the California Governor is the decision-maker. While it is not necessary, you can choose additional decision-makers if you plan to advocate to others who may influence your main decision-maker. f. Draft a short pitch for your petition Your petition “pitch” is where you explain what you’re asking for and why supporters should help. Write it from the perspective of the petition host. So, if you’re a parent of an incarcerated person, write your narrative from your position as a parent. If you’re incarcerated, write the narrative from your perspective – why are you asking for support, and why do you believe supporters should take action on your behalf? Sample #1: In 1996, my son, [name], was sentenced to Life Without Possibility of Parole for self-defense… (Specific to petitions on change.org: Draft a direct message to your decision-maker This direct message should explain why you want your decision-maker to take action. This message will be sent directly to your decision-maker with automated petition updates via email. It will be what your decision-makers see on the first page of your printable petition.) 12 Sample #2: Dear Governor Newsom, We urge you to commute the sentence of [Name]… because… g. Choose a photo to use for your petition Petitions get much more circulation when you include a photo. Select an image that the applicant wants to share publicly and scan it or take a picture so that you can upload it to the petition site. If you are incarcerated, please choose a legal image from visiting or from a photo sale, or use a picture from before incarceration. If a photo is not available, or in addition to a photo, artwork that is a portrait of you or symbolizes you can be used. h. Choose a petition platform Different companies have websites where the public can host online petitions, such as Action Network or Change.org. These are called petition platforms, and they offer petitioners different features. There are several free petition platforms. Platforms like Action Network allow petitioners to download the contact information for supporters who sign their petition. Others allow petitioners to engage with supporters in various ways but do not allow hosts to download contact information. Petition sites like Change.org promote a selected number of petitions/issues, which can significantly increase the circulation of petitions and thus the number of potential supporters. Most petition platforms will ask you how many signatures you would like as your goal. It’s a generally good strategy to choose a number you think is attainable rather than a vast number that you might never be able to make. Some petition sites set their own goals (i.e., starting at one hundred), increasing automatically as the petition gains support. Most petition sites allow you to create an account and post petitions for free. Once you choose your petition platform, create an account and sign in. i. Create your petition online Log into your petition platform and choose the option to create a new petition. Each platform has a different name for this option. Follow the prompts for designing your petition. These prompts will include adding your title, petition pitch, your direct message to your decision-maker, and uploading your photo on the site. Most sites give you the option to preview your petition before you “publish” it. Once you publish your petition, you can always select the “edit” feature to make changes. j. Posting petition updates Most sites allow hosts to post “updates” to their petition, which adds update posts to your online petition and sends an email to all petition signers. Posting updates can increase petition circulation, which is a great way to reach more potential supporters. Updates can include thank you messages to supporters, requests that supporters continue to share the petition or take other action in support, updates from the incarcerated person you are supporting, or updates on the campaign. 13 k. Circulating and publicizing your petition Once you’ve created and published a petition, it’s time to circulate and publicize it. What social media platforms will you use? What organizations could help you promote? What individuals do you want to contact directly with a link to the petition? Consider making a list of individuals and organizations to contact with your petition. On page 77 in the Appendix you will find petition tutorials and petition examples. l. Delivering Your Petition When should I deliver my petition to the Governor’s Office? You should deliver your petition to the Governor’s Office once you’ve gathered enough signatures to show that you have strong community support for your campaign. You can also send in milestone updates on your petition as it gathers signatures. Some online petition sites send email updates automatically to the Governor's Office when you reach certain milestones if you add their email in the "decision-maker" section when setting up the petition. How should I deliver my petition to the Governor’s Office? Your petition can be delivered electronically by email or as a hard copy by mail. If you submit your petition electronically, you can send a link to the petition or a PDF attachment of the petition by email at pardons@gov.ca.gov (for pardon campaigns) and commutations@gov.ca.gov (for commutation and reprieve campaigns). If you submit your petition as a hard copy printout, you can ask an organization, family members, or supporters to deliver it in person at the Governor’s Office. An in-person drop-off can be one way to symbolically show the Governor’s Office how much support you have for your campaign, but otherwise email submission is preferred by the Governor’s Office. You can combine an in-person drop-off with a press conference or rally to show strong community support for your application. In-person and mail deliveries can be sent to the Governor’s Office at: Mailing Address: Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814. Physical address: California Governor 1303 10th Street, Suite 1173 Sacramento, CA 95814 14 2. Creating A Short Biography Purpose: To have a 1-2 page summary of who you are, your story, and why you are seeking a pardon, commutation, or reprieve. This biography should be ready for lobby visits, social media outreach, and other advocacy events. Target audience: State and local elected officials (you can use this one-pager when requesting support letters from officials) and the general public. On page 80 in the Appendix, you will find sample biographies. 3. Gathering Photos And Creating Graphics a. Family and Community Photos Purpose: In addition to including photos in your clemency application, you can use photos for your online petition, to share with elected officials, or to create visual graphics for social media campaigns. Target audience: Elected officials, community members, the general public. Can include: Pictures of you and your loved ones (e.g., family, community members, coworkers, or faith and cultural community members). b. Graphics Purpose: Graphics can be used to create an easily shareable image that your supporters can post on their social media platforms. You will find samples below and in the Appendix. 15 NDti .;','."I :rec. \IISur\'h ors bil.ly 'Free. \IISur\'h·ors /,'."Clemenq·:'\o\\' 16 Using Canva for graphics Canva is an online platform that allows you to create free graphics. Feel free to use the following Canva-related resources to design your graphics. ● Canva Tutorials: ○ A step-by-step guide to designing from scratch ○ Essential Canva Tools ○ How to create your first Facebook post ○ How To Use Canva For BEGINNERS! (Canva Tutorial 2020) ● Canva templates: ○ Canva template for Instagram post ○ Canva template for Facebook post 4. Digital Media Toolkits What is a digital media toolkit? It is an online document that compiles various ways that people can take action to support your campaign. Purpose: To provide sample tweets, a call script, visual graphics, and other materials for supporters to be able to quickly call their representatives, message the Governor’s Office, and post about your campaign on their social media platforms. Target audience: Supporters of your campaign that want to use their social media platforms to spread the word about your story and encourage others to support your clemency. Digital Toolkit components can include: ● ● ● ● ● ● Graphics Sample tweets with Twitter handles of your targets Call script & targets’ phone number Support letter template & submission instructions Testimonials from loved ones Links to petitions, crowdfunds, and other resources You can find sample digital media toolkits in the Appendix. 17 5. More “How To” Social Media Resources How to create a Facebook account (needed for making Facebook events and Live Streams) How to create a Facebook event How to use Facebook Live How to create a Gmail account (needed to create a Google document) How to create a Google document How to create a Twitter account 6. Other Social Media Strategies Purpose: To make your social media impact on the Governor's Office even stronger. Target audience: Community members, supporters, or the general public. Examples: ● ● ● Coordinated social media days of action (where many individuals call, post public comment, and/or tweet at the Governor within the same time frame): ○ #FreeLiyah - Twitter Power Hour ○ #KeepAnHome - Social Media Day of Action ○ #FreeBlueSky - Social Media Day of Action ○ #BringThemHome - Mother’s Day Toolkit Symbolic delivery of a petition to the Governor’s Office and making a social media event out of this delivery by posting a video of many people delivering the petition. Get creative! Even though past campaigns have used these strategies, this is an opportunity for you to get creative with how you can effectively deliver your message to the Governor’s Office. See below for the #FreeLiyah - Twitter Power Hour toolkit: 18 #FreeLiyah Twitter Power Hour Monday, May 18 @ 10am PT/12pm CT/1pm ET Follow @survivepunish (moderator - questions will come from this account) Use hashtags: #FreeLiyah #FreeThemAll #ClemencyNow #FreeSurvivors #SurvivedAndPunished Background: Liyah Birru is an Ethiopian immigrant survivor of domestic violence, who is currently in ICE detention for defending herself from her abusive husband. Like so many Black women who dare to defend themselves, Liyah is being punished for protecting herself against the severe violence of a man who said no one would believe her if she ever dared to ask for help. We are here to say that we not only believe Liyah, but will fight for her freedom, dignity, and right to safety from domestic violence. Liyah will have her immigration bond hearing on May 19, the first time since she has been in immigration detention for the past year and a half. As we hope that Liyah will be granted bond, the fight continues. Even if Liyah is granted bond, she will not be safe from deportation unless Governor Newsom grants a pardon to stop her deportation. Join us in taking action to #FreeLiyah! Twitter Power Hour Questions: 19 @SurvivePunish (10:01) Q1: Why does the fight to #FreeLiyah matter in this moment? #FreeThemAll #ClemencyNow #FreeSurvivors #SurvivedAndPunished #BlackLivesMatter ● This is a crucial time for immigrants, Black folks, those incarcerated, etc. Liyah represents many of these important intersections. She is not the exception - many of these communities are similarly criminalized. ● Survivors suffer from compromised immune systems which make them especially prone to COVID-19 related infections ● Liyah and all criminalized survivors deserves protection and healing not a death sentence in unsafe conditions in prison and ICE cages @SurvivePunish (10:07) Q2: How does the criminal punishment system perpetuate violence against survivors including in Liyah’s case? #FreeLiyah #FreeThemAll #ClemencyNow #FreeSurvivors #SurvivedAndPunished #BlackLivesMatter ● S&P share examples from Liyah’s story ● Survivors are expected to be “perfect victims” in order to be worthy of protection from the criminal legal system - those who defend themselves, protect their children, are Black, immigrant, trans, etc. ● Police and courts regularly inflict violence on survivors by not believing them, arresting them for defending themselves, deferring to the person doing harm, and/or harsh sentencing. ● Prisons and jails collaborate directly with ICE. Incarcerated folks are often transferred directly to ICE upon release. ● We see that the criminal legal system in fact inflicts further violence upon survivors, effectively punishing them for surviving abuse. @SurvivePunish (10:14) Q3: How does #COVID19 impact incarcerated people and survivors? #FreeLiyah #FreeThemAll #ClemencyNow #FreeSurvivors #SurvivedAndPunished #BlackLivesMatter ● Incarcerated people cannot social distance, and have limited protections and access to health services. For example, folks incarcerated at Yuba jail (where Liyah is) got masks only a few weeks ago. ● “If U Only Knew How They Were Really Doing Us”: Inside/Outside Communication During A Pandemic is a statement and accounting of conditions inside from Alisha Walker, a former sex working person criminalized for self defense http://titsandsass.com/if-u-only-knew-how-they-were-really-doing-us-inside-outside-com munication-during-a-pandemic/ ● In April, Darlene “Lulu” Benson-Seay became the first woman incarcerated by New York State to die from Covid-19. A criminalized survivor, she was also waiting on receiving clemency from NY Gov Cuomo https://newrepublic.com/article/157589/death-survivor ● Carlos Escobar-Mejia, a detainee at Otay Mesa Detention Center, died after testing positive for coronavirus. It took days for him to even get any medical attention. https://www.10news.com/news/coronavirus/community-honors-ice-detainee-who-died-aft er-testing-positive-for-coronavirus 20 ● Tiffany Mofield died of coronavirus complications on April 29 in a New Jersey prison after officials moved her from an area of the prison where she was quarantined for Covid-19 symptoms into solitary confinement even though her symptoms persisted. https://t.co/Zw9gp8Zygi?amp=1 @SurvivePunish (10:21) Q4: Why should all Governors use their power and grant #ClemencyNow to commute sentences and #FreeSurvivors #FreeLiyah #FreeThemAll #FreeSurvivors #SurvivedAndPunished ● Clemency is permanent release and would ensure that people are free ● Prisons, jails, and ICE detention centers impede healing, leading to lifelong retraumatization… ● Esp important at this time of COVID-19 for survivors to be safe because cages are epicenters of the outbreak @SurvivePunish (10:28) Q5: What actions can we take to #FreeLiyah and #FreeSurvivors? #FreeThemAll #ClemencyNow #SurvivedAndPunished Email Gov @GavinNewsom to grant #ClemencyNow to #FreeLiyah and stop her deportation! He must take action to #FreeSurvivors and to #FreeThemAll #SurvivedAndPunished https://govapps.gov.ca.gov/gov40mail/ and choose subject clemency-pardon. Read Liyah’s letter to her supporters: https://freeliyah.org/2020/04/30/liyahs-letter-to-supporters/ Then send a note of encouragement to Liyah: http://bit.ly/DearLiyah #FreeLiyah #FreeSurvivors #FreeThemAll #SurvivedAndPunished DONATE to #FreeLiyah! Liyah is an Ethiopian immigrant survivor who is fighting her deportation and has her bond hearing today. The minimum bond is $1,500 but can be 4x’s as much. Venmo: @survivedandpunished or @freeliyah http://PayPal.me/ciyja Share her story with someone. Conversations are a powerful part of organizing! We cannot forget the importance of building with each other and welcoming people to this movement. Take action with a selfie: I am joining the movement to call on @GavinNewsom to grant #ClemencyNow to #FreeLiyah Birru, #FreeSurvivors, and #FreeThemAll. #SurvivedandPunished 21 1. Tag Gov. Newsom and use hashtags #Freeliyah #FreeThemAII #SurvivedandPunished #ClemencyNow ~ ~ 2. Upload pie holding sign saying some version of "Gov. Newsom: #Freeliyah and All Criminalized Survivors #FreeThemAII 3. Tag Governor Newsom on your selfie {@Gavin Newsom) #FreeLiyah’s story is not exceptional: https://carenotcages.com ● Boost FreeThemCA: https://survivedandpunished.org/freethemca/ ● Boost Care not cages Outreach email - Please forward this sample outreach email to your network! Subject: Take Action: #FreeLiyah & All Criminalized Survivors Please join Survived and Punished (@survivepunish) to demand that Governor Newsom (@GavinNewsom) pardon Liyah Birru and release all criminalized survivors from cages. Below are sample tweets & images directed @GavinNewsom with actions we will take. If your schedule allows, plan to join us for our “twitter power hour” at 10 am PT/1 pm ET on Monday, May 18th. We will dedicate this time to tweet as much as we can. If you cannot join for that time, please tweet whenever you can starting today and the rest of this week. Here is a (link to toolkit) to share with your networks & here are the actions we ask you to take: Twitter Selfie Instructions: We are calling on Governor Newsom to grant a pardon for Liyah Birru and release All Criminalized Survivors. #FreeLiyah #FreeThemAll #SurvivedandPunished #ClemencyNow. Instructions on how to participate are below: Sample Tweet: TAKE ACTION: I am joining the movement to call on @GavinNewsom to grant a pardon for Liyah Birru & release All Criminalized Survivors. #FreeLiyah #FreemThemAll #SurvivedandPunished #ClemencyNow 22 1. Tag Gov. Newsom and use hashtags #Freeliyah #FreeThemAII #SurvivedandPunished #ClemencyNow ~ ~ 2. Upload pie holding sign saying some version of "Gov. Newsom: #Freeliyah and All Criminalized Survivors #FreeThemAII 3. Tag Governor Newsom on your selfie {@Gavin Newsom) 23 III. BUILDING A NON-PUBLIC CLEMENCY CAMPAIGN A public clemency advocacy campaign might not be the best option for everyone. If you cannot, or do not want to use media outlets or social media platforms to amplify your application, there are many other ways to activate and organize your community to advocate on your behalf. Here are some critical steps you can take for campaigns without social media: Focus on Building out Strong Support Materials Specifically, focus on making your support packet as strong as possible, getting as many support letters as possible from people you know, former, present, and future employers or supervisors, legislators, organizations, and institutions. For medical reprieves, support from your physicians, public health organizations, and individuals who are committed to supporting you upon release will be highly relevant. Focus on Urging Your Family and Community Members to Email the Governor and Call and Email their legislators. You and your supporters can urge community members through email, flyering in your local community centers, and reaching out to local advocacy groups to call and submit letters (via email, mail, or the Governor’s website) in support of your application. Community members submitting support through the Governor’s website has proven to be a more effective method of demonstrating public support than online petitions (For instructions, See Section “Submitting Support Letters And Other Supportive Documents” page 3) 24 IV. APPENDIX A. Reprieves Under the California Constitution, Governors have the authority to grant clemency in the form of reprieves. Governor Newsom has granted reprieves in the form of a moratorium on executions. A reprieve from incarceration is a suspension of a sentence, which means that one’s sentence is put on hold to allow for release. With this type of reprieve, a person can be recalled back into custody at any time at the discretion of the Governor. A medical reprieve is a type of clemency that the California Governor’s Office started issuing in 2020 during the COVID-19 pandemic. For California Governors, reprieves can be an alternative clemency pathway to release people with urgent issues, including health issues. Where compassionate release is not an option under current policy (based on eligibility restrictions and/or bureaucratic problems), medical reprieves can be an option. The Governor’s Office definition of a medical reprieve: “A reprieve allows individuals classified by the California Department of Corrections and Rehabilitation (CDCR) as high medical risk to serve their sentences in appropriate alternative placements in the community consistent with public health and public safety.” 1. California Governor’s Record of Granting Reprieves As of January 2022, Governor Newsom has granted a total of 34 reprieves, 32 of which were medical reprieves. People serving parole-eligible life sentences can and have been released on medical reprieves while awaiting parole board hearings, or after receiving a parole grant but while awaiting administrative review. While the majority of reprieves granted by Governor Newsom thus far have been medical reprieves, he has also granted a few reprieves to correct calculation errors and other sentencing inequities (i.e. a person is granted parole but then told there was a calculation error and they have more time to serve). 2. How to Apply For A Medical Reprieve Currently, there is no specific application for a medical reprieve in California. People incarcerated in California’s state prisons can apply for a medical reprieve using the general commutation application. Applicants should flag their applications as medically urgent — see the following suggestions. (For instructions on how to apply or reapply for a commutation, request California Coalition for Women Prisoners (CCWP) “Commutation Application Guide” by writing to California Coalition for Women Prisoners, 4400 Market Street, Oakland, CA 94608. The guide is also available online here: https://droplwop.com/commutations-application-guide/) 25 Specific tips for applying for a medical reprieve: ● Make sure to note that you are applying for a medical reprieve on the first page of your commutation application. ● In your application, make sure to share information about your urgent medical issue/s. ● We strongly encourage applicants to include a completed medical release form (CDCR 7385: “Authorization for Release of Protected Health Information”), making sure to list the Governor’s Office as the “Individual/Organization to Receive the Information” in section III. ● We strongly encourage applicants to include any potential housing and community support that will be available to you, should you be released on a medical reprieve. We recommend that you include this information in your application, and also ask supporters to include details about resources that will be available to you in their support letters (i.e. “I have a wheelchair accessible room available for X in my home in Stockton and look forward to supporting X with rides to medical appointments.”). If you do not have family or community support currently available to you, please do not hesitate to apply for a medical reprieve. People have received medical reprieves without family to support them with housing, etc. ● We suggest that applicants describe the level of care needed. For example, if you can take care of your basic needs but have mobility restrictions, please describe this. If you can take care of your basic needs with in-home family support, we recommend you share this. If you need support in a skilled nursing facility, or in hospice, it will be important to include this information in your application. 3. Medical Reprieve Advocacy If you are looking for ways to highlight your medical reprieve application after applying, we recommend gathering and sending support letters to supplement your application, including from healthcare providers (including prison doctors, nurses, etc.), legislators, community-based organizations, as well as family and friends. It appears that public advocacy for pardons and commutations may be more impactful than for medical reprieves. Before engaging in public advocacy, we recommend you read Section 2(A) of this guide on page 3. If you still choose to pursue public advocacy for your reprieve application, we recommend focusing on your need for a medical reprieve based on your age and/or urgent health concerns. It may be helpful to mobilize specific support from public health agencies, as well as healthcare providers. Please see sections in this guide on traditional and social media organizing, as well as gathering support letters from legislators, community-based organizations, etc. 26 4. What to Expect If Granted A Medical Reprieve If granted a medical reprieve, you should expect that there will be regulations attached to the reprieve, such as a curfew and electronic monitoring in the form of an ankle monitor. The parole officer assigned to you upon release will likely attach the ankle monitor on the day of your release, or soon after. While people granted medical reprieves are considered “out of custody” and under parole supervision, they are not on probation or lifer parole. People serving life sentences who are granted medical reprieves only shift to lifer parole supervision after they receive a parole grant at a parole hearing in the community and have completed the parole review process by the Board of Parole Hearings (BPH) and the Governor. Parole hearings for people released through medical reprieves are currently being conducted on zoom. Thus far, people who have been reprieved have not received new psychological evaluations (Comprehensive Risk Assessments) before their parole hearings. Please find the medical release form (CDCR 7385, “Authorization for Release of Protected Health Information”) below: 27 DEPI\RThlENTOFCORRECTIONS i\NDAEHAS L ITATKlN Form:Page1 o12 lns tructlons : Pages3&4 CDCR7385(Rev. 10/19) All sections must be com leted for the authorization to be honored. Use "NIA" if not ap licable. I. Patient Information First Name _ _ _ _ _ _ Middle Name·_ _ _ __ City/Stale/Zip II. Individual/Organization Authorized to Release Personal Health Records if Other Than CDCR Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ City/State/Zip Ill. Individual/Organization to Receive the Information [45C.FR§164 .5081cJl1)( ii).I Oi)&CivCode§56.11(eJ, (flJ Tile undersigned hereby autllorizes CDCR"s Health Information Management to release tile heallh information pursuant to this autOOrizatioo Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Re lationsh ip to Patie nt _ _ _ _ _ _ _ Phone _ _ _ __ City/State/Z ip· IV. Authorization Expiration Event or Expiration Date for Release of Verbal Information/ J4sc Xt~~~~~Vi~~~i ~ d €o'J;f56.11(hll Unless otherwise revoked by the patient. th is authorization for the release of hea lth care information to the above-named individuaUorgan ization wi ll expire on the date specified be low, event identified, or 12 mo• nths from the date signed in Section IX wtlicheveroccursf1rst: lDateofE,p,rnt,oo: ____ Event: _ _ _ _ _ _ _ _ _ _ _ _ _ __ From (mm/dd1yyyy): To (mm/dd/yyyy) V. Health Care Records to be Released - General 45CF.R. 164508c 1 ; &C ivCode 561 1 di. ( J I authorize records for the fo llowir,g pe ri od of time to be released (must be completed to rece ive reco rds) From (mmlddlyyyy) _ _ _ _ _ _ __ To (mmi dd/yyyy)· _ _ _ _ _ _ __ VI. Health Records to be Released • Specify 45 C.F.R. □ communicable Disease Records 164.508,(c (1 (i) & Civ. Code~ 56. 11 d • I J Signature· Date: _ 0GeneticTestingRecords f~m _ _ fo _ _ Signature _ _ _ _ _ _ Date: _ OHI\I Test Results from _ _ fo _ _ Signature □ Med ication Ass isted TreatmentRecordsfrom _ _ fo _ _ Signatu re: 0 Date: _ Date:_ Menta1HealthTreatmentRecords from _ _ fo _ _ Signature _ _ _ _ _ _ Date: _ O substallCeUse Disorder Records from _ _ fo _ _ Signature· - - ~ - ~ - Date: _ NOTE: Health records released as pa<t ol this authorization may contain references related to 00<1tal , m edical. mental haatth. 9Jb5tanc8 use disorder, medic~tion assisted treatment genetic testing, com mur1 icable disease . ~nd HIV coodihor1 s Re quest s fo r p syc hotherapy notas require a separate CD CR 7385 and may no t be combined w ith any other req uBSt f or healt h r&eords . OPsychotherapyNotos Un, LJtho,izod ool loclioo,ct-iOO , '-"'t, discl>&UM , mc,jifC,11io,, 0<dootrOCliooc(fl'M">OO• ly <lonb!labl<l informatOO aOOlor pro toctooOOa lthi'11oomat>;}n may subj<>CtirldMdua ls 1<l <:M l l abiiyuodor appk:at,le kloo.-a l aOOstato law, 28 OEPAfil'-'ENl Of'\:ORRE~ T0N$AND R£HAfllU T~ TK)!< Form:Pa9e 2 ol 2 CDCR7385(Rev. 10/191 l nstructlons:Pages3&4 All sections must be completed for th e authorization to be honored Use "N/A" if not applicable D Health Care □ Personal Use QLegal O0ther (please specify): VIII. Authorization Information I understand the following : 1. I authorize the use or disclosure of my individually identifiable protected health information as described above for the purpose listed. I understand this authorization is voluntary. 2. I have the right to revoke th is authorization. To do so I understand I can submit my request in w riting to my current institution's Health Information Management (health records). Th e authorization will stop further release of my protected health information on the date my val id revocation request is received by Health Information Management. {45 C.F.R. § 164 .508(c)(2)(i)] 3. I am signing this authorization voluntarily and understand that my health care treatment wi ll not be affected if I do not sign this authorization . [45 C.F.R. § 164.508(c)(2)(ii)J 4. Under California law, the recipient of the protected health information under the authorization is prohibited from re-d isclosing the protected health information, except with a written authorization or as specifically requ ired or permitted by law. [Civ. Code§ 56.13] 5. If the organization or person I have authorized to receive the protected health information is not a health plan or health care provider, the released information may no longer be protected by federal and slate privacy regulat ions.[45 C.F.R. § 164.524(a)(2)(v)] 6. I have the right to receive a copy of this authorization. [45 C.F.R . § 164.508(c)(4) & Civ. Code§ 56.11(i)] 7. Reasonable fees may be charged to cover the cost of copyi ng and postage re lated to releasing this protected health information. [45 C .F.R. § 164.524(c)(4} et seq. & California Health and Safety Code§ 123110,etseq.] 8. I understand that my substance use disorder records are protected under the federal regu lations governing Confidentiality and Substance Use Disorder Patient Records , 42 C.F.R., Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. pis 160 & 164 , and cannot be re disclosed without mv written con sent unless otherwise rovided for bv the reaulations. IX. Patient Signature !45 C.F.R.§ 164 .508(c)ll)(vi)&Civ CDde§5611 (c)( 1) Name:(Print) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Signature ~~-~=~~=-~~~~~~~~=~ Date If no expiration date is specified in sectioo IV, this authorization wi ll expire 12 months from this dale. Nameofpersonsigningform, if not patient (Print)· _ _ _ _ _ _ _ _ _ _ _ _ __ Signatu re _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: Describe authority to sign form on behalf of patient Name of translator/interpreter assisting patient, if applicable (Print) _ _ _ _ _ _ _ _ _ __ ~ atureoftranslator/inlerpreler: ~~~~=~~~~~~-~~ Date Un,LJthomodoolloctioo,ct-lOO , L>«t,discio&UM , mc,j<fic.l""""'do""OCllooc(fl'>'>OO•ly<lonb!labl<lonformatOO ar>dlor prolOCtod OOalth i'11oomat>;}n may subj<1Ct irldMdua ls 10 cM I l abi!y uodor appk:able kloo.-a l arid stato law, 29 CDCR7385(Rev. 10/19) Instructions Nole: Part IV is the request for release of verbal health care information or health care information as part of written correspondence, and Part V is the request for release of health care record s. f!!!..! - "Patient Information": Records the patient"s ful l name (last, first, and middle), CDCR number, date of birth, and address if he/she is paroled or released (incarcerated patients do not need to provid e an address) Part JI - "Individual/Organization Authorized 1o Release Personal Health Records if Other Than CDCR": Reco rds the name and address of the individ ua l o r organization authorized to release persona l hea lth records if other than CDCR. Part Ill - 'Individual/Organization to Receive the Information": Records who is to receive the information. Part IV -• • • • "Authorization Expiration Event or Expiration Date for Release of Verbal lnformationl'Nritten Correspondence": Used by the pat ient to lim it the time pe ri od during which information may be shared. The patie nt may e nter th e date he/she wants th e authorization to expire. The patie nt may e nter an ex piration event. The patie nt may e nter a date range of information to be shared. If no ex piration date is specified, this aut horization is good for 12 months from the date signed in Section IX. Part V - "Health Care Records to be Released - General ": Contains a designated line for the date range of health care records to be released • "Medical Services " is checked when the patient w ishes to have info rmation released related to med ic al care. • "Dental Services" is checked when the patient wishes to have informatio n re leased related to denta l treatment • "Other" is checked when the patient wishes to further restrict or further authorize the release of his/her medical information. a nd he/she is to write those wishes on the line provided. Part VI - "Health Records to be Released - Specify": Health care informa tion in this sectio n requires a date range, additiona l signa ture . and signature date • "Communicable Disease" is checked when the patien t wishes to have info rm ati on re leased related to communicable disease testi ng and treatment. Comm unicable disease includes sexually t ransmitted infections. • "Genetic Testing " is checked when the patient wishes to have information released re lated to genetic testing. • "HIV Test Results" is checked when the patient wishes to have HIV test results released . • "Medication Assisted Treatment Records " is checked when the patient wishes to have information related to medication assisted treatment released . • "Mental Health Treatment Records " is checked when the patient wishes to have information re leased re lated to mental health treatment. • "Substance Use Disorder Records" is checked w hen the patient wishes to have information related to substance use di sorder treatment rele ased. • "Psychotherapy Notes" is checked w hen the patient wi shes to have psychotherapy notes rel eased Reguests for psychotherapy notes requi re a separate CDCR 7385 and may not be combined with any other request for health care records . Under HIPAA, there is a difference between reg ula r personal health informatio n and psychotherapy notes. The following is HIPM's definition of psychotherapy notes (§ 164.501) Psychotherapy notes means notes recorded (1n any medium) by a health care provider who 1s a mental health professional documenting or analyzing me contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from lhe rest of the individual's medical record. Psycholherapy notes e'l{c/udes medication prescription and monitoring, counseling session start and sfop limes. fhe rnocfaliries and frequencies of treatment furnished. results of clinical lests, and any summary of /he following ifems: diagnosis, functional status. the lrealmenl plan, symptoms. prognosis, and progress fo dale UnaLJtho,izodoolloclioo,u""ioo , L>«t,discio&ur,a , mojific,11io,,0<do..,.uelioodfl'>l">Or1aly<lonb!labl<l informatlonaOOlor protoctoo OOalth infooma>;}n may subj<1Cl irldMduals IO ci>a l l abiiy uodor appk:able kldo.-a l arid stato law, 30 AUTHORIZATION FOR RELEA SE OF PROTEC TED HEALTH INFORMA TION CDCR 73B5(Rev.10/19) Instructions {contin ued) Part VII . " Purpose for the Release or Use of the Information"; Should have at least one box checked. The patient may utilize this section to check the provided boxes or se lect "Other" and describe the reason{s) he/she wants to have the information re leased. If the patient does not want to designate a purpose. he/she may check the "Other" and state "At the request of the individual authorizing the re lease." Part VIII - " Authoriz ation Information'"; Below this section are eight points which detail patient rights in regards to au th orizing release of information 1. Tel ls the patient that he/she is giving authorization voluntari ly 2. Explains how to stop th is authorization. The patient may revoke the authorizat ion by submitting his/ her request in writi ng to his/her institu ti on's Health Information Management. The authorizati on wi ll be removed from the patient's medica l record when the revocat ion is received by Health Information Management 3. Explains that signing thi s authorization is voluntary and wi ll not affect treatment 4. Explains that the recipien t of the protected health care information under the authorization is prohibited from re- disclosing the information, except with a written authorization from the patient or as specifically requ ired under law. 5. Explains that the released informati on may no longer be protected by federal privacy regu lations depending on the intended recip ient of the released informat ion. 6. Explains that the patient has the rig ht to receive a copy of this authorization. This wi ll be sent to the patient by Health Information Management. 7. Explains that reasonable fees may be charged to cover copying and postage costs related to releasing the patien t's health in formation . 8. Explains that substance use diso rder records are protected and cannot be disclosed without the pati ent's written consent unless otherwise provided for by the reg ulations. Part IX - " Patient Signature " : The bottom of page two is for the pati ent's, his/her representative's, or the translator/i nterpreter's signature. The patient's pri nted name. signature, and date are to be entered in the boxes provided. If this authorization is completed by a patient represe ntative (e.g., power of attorney, estate representative, next of kin). his/her printed name, relationship to patient, signature, and date are to be entered in the boxes provided. Also attached must be a copy of either the Power of Attorney, letters issued in estate proceeding. or declaration of next of kin. If an interpreter/translator assisted the patient in filling out this form, his/her printed name, signature , and date are to be entered in the boxes provided Una LJtho,izodoolloctioo,ct-lOO , L>«t,discl:>&UM , mc,jific.100<1a<do•tndiooc(fl'>l""°""IY<lonb!labl<l;nformatOO aOOlor protoctooOOalthio1foomai;:,nmayoubj<1CtindMduals10ci>a l l abiiyuodor appk:ablekloo.-a l aOOstatolaw, 31 B. Resources 1. Template Support Letter From Someone You Know Instruct your supporter(s) to replace the text in brackets with their own, relevant information and knowledge about you. [Date] Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814. Re: [Person first and last name], [CDCR#] Dear Governor [Insert Governor’s last name here]: [Introduce yourself: What is your full legal name? Where do you live? Who are you writing this support letter for? How do you know the person? How long have you known them?] [Describe the positive contributions they have made in your life and in their family and community. If possible, include stories and specific details to illustrate what you are saying about this person.] [Explain why it is important to you that this person is granted clemency. If you, or someone you know, can support the person financially, emotionally, etc. please describe and add specific examples.] Please do not hesitate to contact me at [Supporter’s phone number] or [Supporter’s email]. Thank you for your time. Sincerely yours, [Supporter’s signature] [Supporter’s full legal name] [Supporter’s address] 2. Sample Support Letter From Someone You Know (Pardon, Family Member) Office of the Governor State Capitol Attn: Legal Affairs/Clemency Sacramento, CA 95814 [Date] 32 Dear Governor Newsom, My name is XXXXXX. I am XX years old and work as a Public Health Nurse in the Disease Control Unit of the XXXXX Department of Public Health. I am a U.S. citizen and older sister of XXXXX. I am writing to ask you to consider allowing XXXXX to stay in the United States. My brother XXXXX was born in the small village of Ben Tre, Vietnam in 1973. My family's life in Vietnam was very difficult. Our father worked for the United States during the Vietnam War, so when the War ended in 1975, the Viet Cong put our father in jail for four years. We weren't allowed to visit him, and our father was beaten regularly by the jail guards. In 1979, when our father was released from jail, our family paid money to enroll in a program to immigrate to the United States legally, but the Vietnam government refused to process our paperwork. After we lost the money for our immigration application, we were very poor and lost our house. My family, which includes my two parents and their seven children, all lived in one room. Our family used to sell mung bean desserts in night markets every night to survive. When we arrived in the United States, we struggled in poverty and XXXXX associated himself with the wrong crowd. Our family lived in XXXXX from June 1990 until September 1990, when we moved to XXXXX, California, we did not know that the neighborhood was unsafe because we did not know a lot about the United States at the time. XXXXX and our youngest brother attended high school during this time. Because there wasn't much room for him, XXXXX would go out a lot. Soon after XXXXX stopped attending school, he got into an argument with our father and left the house for good. Because we did not have any older brothers, we did not have a way to find XXXXX. It was a very difficult time for our family. We did not hear from XXXXX again until we received a call that he had been arrested. At that time, no one in our family understood the English language or American culture, as we were all new to the United States as well. We regretfully stood back and watched An be taken away from us and suffered 26 years in prison. XXXXX was finally released in November 2019. The day he was released was a miracle we had all been waiting for. Although XXXXX has spent most of his life in prison, he has learned quite a bit from hearing his family's success stories and seeing them for himself when he was released. He has promised himself and us that he will work and start as fresh as possible if he has the privilege of staying in this country. We all know that he is committed to remaining the good man he is today. XXXXX is excited to give back to the community as much as possible. XXXXX has such a kind soul, and I am not just saying that because I am his sister. I urge you to please pardon XXXXX and allow him to remain in the United States with his family. If you require any additional information, please do not hesitate to contact me at [add phone number and email address]. Best, XXXXX Public Health Nurse, Disease Control Unit X of Public Health 33 3. Sample Support Letter From Someone You Know (Commutation) Office of the Governor State Capitol Attn: Legal Affairs/Clemency Sacramento, CA 95814 [Date] Dear Governor Newsom, Hello, my name is XXXXX, a retired elementary school teacher with 30+ years of service. I am writing this letter in regards to XXXXX’s application for commutation. I knew XXXXX when he was a student of mine in the fifth grade at a small country school just outside of Placerville, California. I also knew his siblings, who were also former pupils of mine. I have corresponded with XXXXX since his incarceration at a young age and have tried my best to provide friendship and mentorship throughout. He has kept me informed of all of his efforts in prison to improve himself, including taking advantage of every educational, vocational and self-help program offered to him. I have witnessed XXXXX’s deep introspection, remorse and profound transformation. Although he struggled at the beginning, XXXXX has become a positive leader in prison and I have learned so much from him. I am so proud to write today to support his commutation. Although I met XXXXX when he was a child and I was his teacher, we have developed a mutual friendship over the years since he has been in prison. He became a close friend of mine, and I am now sure that I have learned more from him than he has from me. XXXXX has been so brave to share his process of rehabilitation with me, and I’ve learned so much from everything he’s learned in his classes. I’ve been impressed by how XXXXX further applied this knowledge by becoming a facilitator of self-help groups and teaching his peers. Some of his students have shared their stories with me about how much he’s impacted them and inspired them to make changes in their lives and communities. I am so proud of the man XXXXX has become. Based on my understanding of XXXXX’s incredibly hard work in prison, I have invited him to work for me when he is released. I run a small education consulting business and have plenty of work for him to do. As a plus, I would greatly look forward to visiting with him again in person. In closing, I strongly support XXXXX’s commutation and I look forward to supporting him in whatever ways he needs upon release. Best, XXXXX [Contact info] 34 4. Contact Information for Organizations Organization Mailing Address Phone Number/Email Website Asian Americans Advancing Justice Asian Law Caucus Attn: CJR 55 Columbus Ave. San Francisco, CA 94111 (415) 896-1701 www.advancingjustice-alc.org Asian Prisoner Support Committee P.O. Box 1031 Oakland, CA 94604 info@asianprisonersupp ot.org www.asianprisonersupport.com California Coalition for Women Prisoners Bay Area Chapter 4400 Market St. Oakland, CA 94608 info@womenprisoners.o rg 415-255-7036 ext. 4 womenprisoners.org Los Angeles Chapter P.O. Box 291585 Los Angeles, CA 90029 Immigrant Legal Resource Center 1458 Howard Street, San Francisco, CA 94103 415-255-9499 www.ilrc.org Legal Services for Prisoners with Children 4400 Market Street Oakland, CA 94608 (415) 255-7036 info@prisonerswithchildr en.org prisonerswithchildren.org Southeast Asian Resource Action Center 1225 8th Street, Suite 430 Sacramento, CA 95814 (202) 601-2969 searac@searac.org www.searac.org Root and Rebound* 1610 Harrison st Suite E-East Oakland, CA 94612 510-279-4662 Roadmap@rootandrebo und.org www.rootandrebound.org Youth Justice Coalition 7625 S. Central Ave. Los Angeles, CA 9001 phal.sok@youth4justice. org youthjusticela.org P.O. Box 73688 Los Angeles, CA 90003 213-761-4226 35 Justice Reinvestment Coalition of Alameda County 2323 Broadway Suite 103 Oakland, CA 94612 dannyt@urbanstrategies .org https://www.jrcofac.org/membe rs Silicon Valley De-Bug 701 Lenzen Ave San Jose, CA 95126 408-971-4965 info@siliconvalleydebug. org www.participatorydefense.org Creating Restorative Opportunities and Programs (CROP) CROP ORGANIZATION 1300 Clay Street, Ste 600 Oakland, CA 94612 209-354-6065 info@croporg.org Or richard.mireles@croporg .org https://www.croporganization.or g/ Ella Baker Center for Human Rights 1419 34th Ave, Suite 202, Oakland, CA 94601 510-428-3939 policy@ellabakercenter. org, www.ellabakercenter.org Families United to End LWOP (FUEL) 6109 S. Western Ave #206 L.A., CA 90047 424-744-1156 fuelwop@gmail.com gerifcp@gmail.com Fair Chance Project 6109 S. Western Ave #206 L.A., CA 90047 424-744-1156 gerifcp@gmail.com Support Don't Deport Collective Members in Long Beach and Inland Empire 520-990-6003 sddcollective.21@gmail. com *Root & Rebound and ILRC can provide resources but do not represent people in individual clemency petitions. 5. Template Letter to Request A Support Letter From An Organization Dear [Name of Organizational Contact], My name is [name and relationship to the clemency applicant]. I am writing to ask [Name of organization] to write a letter in support of [Applicant/Your Name]’s clemency application. [Describe any connection you have to the organization]. [Your Name] has served [Number of years] in prison. A [pardon/commutation] does not erase the harm caused by [Applicant], nor does it erase [Applicant’s] commitment to making amends. Rather, clemency recognizes [Applicant’s] personal transformation and allows them to continue serving and contributing to their family and community. [Alternate language: If you maintain your innocence, or you were convicted for someone else’s actions, you can phrase it as “I was convicted of....”] [Describe the programs and types of work you have participated in, your plans for the future, familial and community connections, job opportunities, stable reentry plans, housing arrangements upon release, and other reasons the applicant is deserving of a grant of clemency. If you have already been released from prison, describe what you have been doing since your release (e.g., your employment, community service, or reconnecting with family and community)]. [Your Name]’s request for clemency is urgent for the following reasons. [Describe any circumstances that make the applicant’s clemency urgent (for example, they are medically vulnerable or are facing deportation)]. Attached is a sample support letter that [Name of organization] can personalize, and more background on [Applicant’s] story. Please send the letter to [email address or mailing address]. I look forward to your response. Thank you for your time and consideration, and let me know if you have questions. Sincerely, [Name and contact information] 6. Template Support Letter From An Organization Attach this sample/template letter to your requests to organizations, or include it in a physical letter. [yellow highlight] = fill in before sending to the organization [blue highlight] = leave blank for the organization to fill in [Letterhead] [Date] California Governor State Capitol Attn: Legal Affairs/Clemency 37 Sacramento, CA 95814 Re: Letter of Support for [Applicant’s Name] Dear Governor [Name of Current Governor], [Add description of your organization and its connection to the clemency Applicant and their experience.] [Name of organization] is in strong support of [Applicant’s] clemency application. [If applicant’s clemency is urgent, add text describing the urgency here]. [Provide context for applicant’s conviction(s) here. Examples: childhood trauma, refugee background, surviving intimate partner violence, criminalized and sentenced while still a child, etc.] [If applicant maintains innocence, this paragraph can be taken out] Today, [Applicant] is committed to leading a productive life and making amends for harm [he/she/they] caused. [Applicant] carries deep remorse for decisions [he/she/they] made and for the damage those decisions caused. [Describe in detail the self-help programs, self-reflection work, job experience, leadership roles, etc. the applicant has participated in or taken on that have contributed to the applicant’s personal growth]. - [Explain why it is important the applicant receives a pardon or clemency]. -- I strongly support [Applicant’s] application for a [pardon/commutation]. A [pardon/commutation] does not erase the harm caused by [Applicant] nor does it erase [Applicant’s] lifelong commitment to making amends. Rather, clemency recognizes that [Applicant’s] personal transformation allows [Applicant’s pronoun] to continue serving and contributing to their family and community. [Describe reentry plans (if applicable), including housing, job opportunities, familial/community ties, and other plans if the applicant receives clemency]. I strongly encourage you to grant [Applicant’s] clemency application. Sincerely, [Signature & Title, Name of Organization, Contact Information] 7. Sample Support Letter From An Organization Governor Gavin Newsom State Capitol, Suite 1173 Sacramento, CA 95814 March XX, 2020 Re: Commutation Support for XXXXX (CDCR#) Dear Governor Newsom, I am writing to express our complete support for commutation for XXXXX, who is now XX years old. We at the California Coalition for Women Prisoners (CCWP) have been working with 38 XXXXX for nearly a decade. I personally met XXXXX about five years ago. I have been impressed with XXXXX’s positive approach to her incarceration. She has maintained her loving family ties, continued to parent her children as much as possible, and given back to her community. I have experienced XXXXX as consistently demonstrating care and kindness to others. I am honored to support XXXXX’s application for clemency and urge you to expedite her release given her severe health issues, her remarkable self-development, her positive prison record, and her community service, even while physically disabled and chronically ill. CCWP staff and volunteers are committed to supporting XXXXX throughout her transition home. We are working closely with her family and know that she has several housing offers with family members, including with her sister XXXXX in Los Angeles, and her daughter XXXXX in San Bernardino. She also has a transitional housing acceptance letter to XXXXX. CCWP has strong communities of support for women reentering across California and we are eager to support XXXXX to access the resources she needs to ensure her safe and productive transition home. I will make myself personally available to XXXXX throughout her reentry, supporting her as needed. We have provided direct support to hundreds of people released from California’s women’s prisons who are leading productive lives and contributing tremendously to their families and communities. I have no doubt that XXXXX will thrive upon release. I respectfully urge you to commute XXXXX’s sentence. Thank you for your time and consideration. Please feel free to contact me with any questions or concerns. Sincerely, [Name, title and contact information] 8. 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FBD3(BG3ÿIJG2D <!!ÿK%ÿYB4G243ÿ6-2412/ÿK1B32ÿ=!</ÿZ2D3ÿ5*-B4'/ÿ56ÿ7<;7!9ÿ:L L>ÿ="!@=77 $'4GOÿKWB442(ÿ:F> FBD3(BG3ÿ!7 5'HB3*,ÿIJG2 <! <ÿIÿK3(223/ÿK1B32ÿ8L"!/ÿK'G('C243*/ÿ56ÿ7?8<=@=7!!9ÿ:7<L>ÿL?<@=!!7 FBD3(BG3ÿIJG2 <?<?ÿ5,'OÿK3(223/ÿK1B32ÿ ! /ÿI'W,'4./ÿ56ÿ7=L< 9ÿ:?<!>ÿ8L@<""" 711 1 1 52 01231224ÿ6706ÿ89 ÿÿ ÿÿ !"#ÿ%&ÿ'("!ÿ)*+ *,-(",.(ÿ/0 123,(45ÿ67. 89/8ÿ6ÿ'(" (:ÿ';,(ÿ0089:ÿ'2."2< !(4:ÿ1=ÿ>?@8ABA>99Cÿ)>8D+ÿD?8BA9/0 *,-(",.(ÿ67. ?98DÿE&ÿF2"GH2#ÿ1252I2-2-:ÿ';,(ÿ///:ÿ1252I2-2-:ÿ1=ÿÿ>8K9/Cÿ)@8@+ÿ@0DBKK?/ LM4<2-ÿN&ÿO<I "Pÿ)*+ *,-(",.(ÿKA 123,(45ÿ67. 89/8ÿ6ÿ'(" (:ÿ';,(ÿD0K9:ÿ'2."2< !(4:ÿ1=ÿ>?@8ABA>99Cÿ)>8D+ÿD?8BA9KA *,-(",.(ÿ67. 8999ÿQ2-(ÿ'2!(2ÿ=!2ÿR5ST&:ÿ';,(ÿ//9R:ÿ'2!(2ÿ=!2:ÿ1=ÿ>/098Cÿ)08A+ÿ??@BK0@? R4IÿU,.G4H-G,ÿ)*+ *,-(",.(ÿ89 123,(45ÿ67. 89/8ÿ6ÿ'(" (:ÿ';,(ÿD?K9:ÿ'2."2< !(4:ÿ1=ÿ>?@8ABA>99Cÿ)>8D+ÿD?8BAA89 *,-(",.(ÿ67.- K>?89ÿF2-4ÿF2T"ÿF2"GH2#:ÿ';,(ÿ/@9:ÿV"<4!(:ÿ1=ÿ>A?K@Cÿ)?89+ÿ0>ABK>99 '.4((ÿ*&ÿU,! "ÿ)*+ *,-(",.(ÿ88 123,(45ÿ67. 89/8ÿ6ÿ'(" (:ÿ';,(ÿDDK9:ÿ'2."2< !(4:ÿ1=ÿ>?@8ABA>99Cÿ)>8D+ÿD?8BA988 *,-(",.(ÿ67. A??ÿW45T !ÿW2(ÿ=S !; :ÿ';,(ÿ8A@99:ÿ'2!ÿV"2!.,-.4:ÿ1=ÿ>A89/Cÿ)A8?+ÿ??0B8K99 '.4((ÿU,5Gÿ)X+ *,-(",.(ÿ/8 123,(45ÿ67. 89/8ÿ6ÿ'(" (:ÿ';,(ÿ0DA9:ÿ'2."2< !(4:ÿ1=ÿ>?@8ABA>99Cÿ)>8D+ÿD?8BA9/8 *,-(",.(ÿ67.- @A@ÿU&ÿY2!.2-("ÿR5ST&:ÿ';,(ÿ898:ÿY2!.2-(":ÿ1=ÿÿ>K?KACÿ)DD8+ÿ0/>BD/K/ÿ /K>/9ÿZ25!.,2ÿR5ST&:ÿ';,(ÿ/?9:ÿ'2!(2ÿ152",(2:ÿ1=ÿ>8K??Cÿ)DD8+ÿ/@DB8A08ÿ 8AKAKÿ1,S,.ÿ*",S :ÿV,"-(ÿV544":ÿZ,.(4"S,55:ÿ1=ÿ>/K>/Cÿ)0D9+ÿ@AKB@A8A 711 1 1 53 9. Template Letter to Request A Support Letter From An Elected Representative Dear [Name of Elected], - My name is [your name]. I am writing to ask [Name of elected representative] to write a letter in support of my clemency application. [Describe any connection the representative has to you, your family, or your experience, especially if you are a constituent]. I have served [number of months and years] in prison. A [pardon/commutation/medical reprieve] does not erase the harm caused by me, nor does it erase my commitment to making amends. Rather, clemency recognizes my personal transformation and allows me to continue serving and contributing to my family and community. [Alternate language: If you maintain your innocence and cannot state that you committed the crime, or if you were convicted for someone else’s actions, you can phrase it as “I was convicted of .”] At the time of my conviction, I was struggling in the following ways.[Here you may add an explanation of any mitigating factors regarding the crime here: your age if under 26 years old; any history of domestic or sexual violence; addiction of any kind, including a history of addiction in your family; the impact of discrimination due to race, gender, economic status, disability.] I am committed to my personal growth and gaining skills. [Describe the programs and types of work you have participated in, your plans for the future, familial and community connections, job opportunities, stable reentry plans, housing arrangements upon release, and other reasons you are deserving of a grant of clemency. If you have already been released from prison, describe what you have been doing since your release (e.g., your employment, community service, or reconnecting with family and community)]. My request for clemency is urgent for the following reasons. [Describe any circumstances that make your clemency critical (for example, you are medically vulnerable or are facing deportation). If you are applying for a medical reprieve, name your medical condition(s), the type of care you need, and why it is necessary for you to receive medical care in the community and not in prison]. Include this paragraph if you are applying for a medical reprieve: I have been diagnosed with the following medical conditions: [name your diagnoses]. Due to my serious health conditions, I require the following medical care [describe, in detail, the types of care you need, and why it is necessary for you to receive medical care in the community, and not in prison]. If released, I will live [name of residence where you can live] and will receive necessary medical care from [name of health services provider]. Attached is a sample support letter that [Name of Elected] can personalize. Please send the letter to [email address or mailing address]. I look forward to your response. Please let me know if you have any questions or need any more information. Sincerely, [Your name and the best way to contact you] 54 10. Template Support Letter From An Elected Representative Attach this sample/template letter to your requests to elected representatives, or include it in a physical letter. [yellow highlight] = fill in before sending to the elected representative [blue highlight] = leave blank for the elected representative to fill in [Letterhead] [Date] California Governor State Capitol Attn: Legal Affairs/Clemency Sacramento, CA 95814 Re: Letter of Support for [Applicant/Your Name]’s [Commutation/Pardon/Medical Reprieve] Application Dear Governor [Name of Current Governor], I represent [X District]. [Include any information on your connection to the applicant, the applicant’s family, or the applicant’s experience.] I write in strong support of [Applicant/Your Name]’s clemency application. [If your clemency is urgent, explain why here]. [Your name] has served [months/years] in prison. [Alternate language if you’ve already been released: [Your name] was released from prison on [date of .... your release], and has been contributing to their community in the following ways [list contributions since your release.] [Your name] carries deep remorse for decisions [he/she/they] made and for the harm those decisions caused. Today, [Your name] is committed to leading a productive life and making amends for harm [your pronoun] caused. A [pardon/commutation/medical reprieve] does not erase the harm caused by [Your name], nor does it erase [his/her/their] commitment to making amends. Rather, clemency recognizes [his/her/their] personal transformation and allows [him/her/them] to continue serving and contributing to [his/her/their] family and community. [Alternate language: If you maintain your innocence and cannot state that you committed the crime, or if you were convicted for someone else’s actions, you can phrase it as “I was convicted of .”] - At the time of [his/her/their] conviction, [Your Name] struggled in the following ways. [Provide context for your conviction(s) here. (E.g., your age if under 26 years old; any history of domestic or sexual violence; addiction of any kind, including a history of addiction in your family; the impact of discrimination due to race, gender, economic status, disability;or refugee background.)] - [Your name]’s commitment to personal growth is evident in [his/her/their] participation in the following self-help and educational programs. [Describe in detail the self-help programs, self-reflection work, job experience, or leadership roles you have participated in or taken on that have contributed to your personal growth. If you have already been released from prison, describe what you have been doing since your release (e.g., your employment, community service, or reconnecting with family and community)]. Clearly, [Your name] has the skills and experience to succeed and continue to contribute to their community. 55 [Your name]’s request for clemency is urgent and should be expedited for the following reasons. [Describe any circumstances that make your clemency urgent (for example, you are facing deportation). If you face deportation you can describe your strong ties to the United States, why it may be dangerous for you to be in immigration detention and deported, and why it is important that you remain in the United States]. Include this paragraph if you are applying for a medical reprieve: [Your name]’s request for clemency is urgent and should be expedited for the following reasons. [Your name] has been diagnosed with the following medical conditions [name your diagnoses]. Due to [his/her/their] serious health conditions, [Your name] requires the following medical care [describe, in detail, the types of care you need, and why it is necessary for you to receive medical care in the community, and not in prison]. If released, [Your name] will live [name of residence where you can live] and will receive necessary medical care from [name of health services provider]. - I strongly encourage you to grant [Your name] clemency application. Please let me know if you have any questions or need any more information. Sincerely, [Signature & Title, Contact Information] 11. Template Letter to Request Support For A Resolution - Subject: Please Support [City/County] Resolution In Support of [Your Name]’s Clemency Application Dear [Name of City/County Councilmember], I am writing to ask for your support in passing a resolution in support of [Your name]’s clemency application. [Explain in a few sentences why you are applying for clemency and the connections you have to the city or county in which the resolution will be introduced and voted on.] This resolution presents an opportunity for [city/county] to demonstrate a solid commitment to criminalized individuals who [insert a description related to your experience (e.g., entered the United States as refugees and survivors of war, are survivors of violence, or have worked tirelessly to rehabilitate)]. [Describe self-help or educational courses, employment, community work, and accomplishments you have done.] A grant of clemency would [explain what a commutation or pardon would do for you and why it is important to you]. - Please vote “Yes!” on [City/County] resolution in support of [Applicant’s] clemency application. Thank you for your time and consideration, and let me know if you have questions. I look forward to hearing from you. Sincerely, [Name and contact information] 56 12. Sample Resolutions in Support of Clemency Applications [Full resolution: Danny Thongsy (see on following page), Oakland resolution for Danny and Sakhone] 57 FILE NO. 200247 1 RESOLUTION NO. 106-20 [Urging a Full Pardon of Sakhone Lasaphangthong and Somdeng "Danny" Thongsy] 2 3 Resolution urging the Honorable Gavin Newsom, Governor of California, to grant 4 Sakhone Lasaphangthong and Somdeng "Danny" Thongsy a full pardon to allow them 5 to remain in the United States. 6 7 WHEREAS, The American War in Southeast Asia (Vietnam War/Secret War) resulted 8 in refugee resettlement to the United States of people from Laos, including people from the 9 Hmong, Lao, Vietnamese, Cambodian, Lu-Mien, Khmu and other ethnic minority groups; and 10 WHEREAS, Many of the same refugees have been served deportation orders, some 11 who have no family ties, do not speak the language, or have never lived in Laos; and if 12 deported would face marginalization, violence, or death; and 13 WHEREAS, Sakhone Lasaphangthong was born in war-torn Laos, was separated from 14 four out of his nine siblings at the age of 5, and lived at a refugee camp in Thailand for two 15 years before arriving in the United States to California; and 16 WHEREAS, Lasaphangthong experienced the trauma of war in Laos, grew up when 17 "tough-on-crime" policies criminalized communities of color resulting in mass incarceration 18 and children serving life sentences, and wound up in the criminal justice system at age 22 for 19 second degree murder; and 20 WHEREAS, While incarcerated for 20 years of a 30-year sentence before being 21 granted parole, Lasaphangthong transformed his life, devoting his time to education, attaining ' 22 three associate degrees in social and behavioral science, general business, and American 23 studies; leveraging his status among other prisoners to convince them to join the college 24 program, increasing the attendance from 4 to 300; and 25 Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman BOARD OF SUPERVISORS Page 1 58 1 I WHEREAS, Following his release, Lasaphangthong made numerous positive 2 1 contributions to his community and society, moving to San Francisco, working as an 3 Ambassador for Asian Prisoner Support Committee and Housing Manager for Family Bridges, 4 cleaning streets in Oakland Chinatown and connecting homeless individuals with resources, 5 and spearheading a campaign to successfully move 38 individuals from the streets into the 6 Oak Street Community Cabins; and 7 8 9 1O 11 WHEREAS, Lasaphangthong is facing imminent deportation to Laos, away from his home in the United States to a country he fled as a small child; and WHEREAS, Somdeng "Danny" Thongsy was born in a refugee camp in Thailand after his family fled the war in Laos and later resettled in Stockton California; and WHEREAS, Thongsy experienced the traumas of war in Laos, the violent death of his 12 brother, growing up in an impoverished neighborhood, and wound up incarcerated as a minor 13 at the age of 17 for second degree murder; and 14 WHEREAS, While incarcerated for more than 20 years, Thongsy transformed his life, 15 incurring no disciplinary record throughout prison, graduating with a high school and college 16 degree, joining and facilitating numerous self-help programs, mentoring others to make 17 positive choices, finding spirituality and becoming active in chapel programs and religious 18 studies, advocating with Kids Creating Awareness Together (Kid CAT), helping pass 19 California's Senate Bill (SB) 260 and SB261 Fair Sentencing for Youth, to give youth impacted 20 by the criminal justice system a fair chance of parole; and 21 WHEREAS, Following his release, Thongsy made numerous positive contributions to 22 his community and society, beginning a fellowship at Asian Americans Advancing Justice - 23 Asian Law Caucus (AAJC-ALC) as a Yuri Kochiyama Fellow, engaging in community 24 outreach as a member of the Asian Prisoner Support Committee, being active in his church 25 community and interfaith organizations, volunteering extensively in the Bay Area helping with Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman BOARD OF SUPERVISORS Page 2 59 1 re-entry support and teaching origami to youth, attending leadership workshops and 2 conferences, and promoting community justice and safety as a Campaigner/Coordinator at 3 the Justice Reinvestment Coalition of Alameda County; and 4 WHEREAS, Thongsy is facing imminent deportation to Laos, a country he has never 5 set foot in because of his immigration status, and the United States is the only country he has 6 known given that he arrived here as a refugee when he was 2 years old; and 7 WHEREAS, Pardon is one of the only ways to prevent deportation, and would give 8 Lasaphangthong and Thongsy the chance to remain in the United States and remain as 9 contributing members of society; and 10 WHEREAS, On April 2, 2019, the San Francisco Board of Supervisors unanimously 11 passed File No. 190320, which is a resolution respectfully urging the Trump Administration to 12 stop the massive deportation of rehabilitated formerly incarcerated Southeast Asian nationals; 13 now, therefore, be it 14 RESOLVED, That the City and County of San Francisco supports an immigration 15 system that keeps families together and does not determine a person's value by their 16 immigration status or whether they have been incarcerated; and, be it 17 FURTHER RESOLVED, That the City and County of San Francisco condemns the 18 deportation of Southeast Asian refugees in the United States, especially ethnic minorities, and 19 does not support the removal of Lasaphangthong and Thongsy from the U.S.; and, be it 20 FURTHER RESOLVED, That the San Francisco Board of Supervisors requests that 21 Governor Gavin Newsom pardon Sakhone Lasaphangthong and Somdeng "Danny" Thongsy 22 so they can remain in their homes in the United States and continue to improve our 23 community; and, be it 24 25 FURTHER RESOLVED, That the San Francisco Board of Supervisors herby directs the Clerk of the Board to transmit copies to Federal and State Representatives in San Supervisors Mar: Preston, Haney, Walton, Ronen, Fewer, Mandelman BOARD OF SUPERVISORS Page 3 60 1 Francisco with a request to take all action necessary to achieve the objectives of this 2 Resolution. 3 4' 5 6 7 8 9, 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman BOARD OF SUPERVISORS Page4 61 City and County of San Francisco Tails City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Resolution File Number: Date Passed: 200247 March 10, 2020 Resolution urging the Honorable Gavin Newsom, Governor of California, to grant Sakhone Lasaphangthong and Somdeng "Danny" Thongsy a full pardon to allow them to remain in the United States. March 10, 2020 Board of Supervisors - ADOPTED Ayes: 8 - Mandelman, Mar, Preston, Ronen , Safai , Stefani, Walton and Yee Absent: 3 - Fewer, Haney and Peskin I hereby certify that the foregoing Resolution was ADOPTED on 3/10/2020 by the Board of Supervisors of the City and County of San Francisco. File No. 200247 Angela Calvillo Clerk of the Board UNSIGNED 3/20/2020 London N. Breed Mayor Date Approved I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in Section 3.103 of the Charter, or time waived pursuant to Board Rule 2.14.2, became effective without her approval in accordance with the provision of said Section 3.103 of the Charter or Board Rule 2.14.2. 3/20/2020 __________________________ Date _______________________________ Angela Calvillo Clerk of the Board City and County of San Francisco Pagel Printed at 10:12 am 0 11 3/11/20 62 13. Journalist Style Guides https://www.immigrantdefenseproject.org/wp-content/uploads/2021.07-CommUnity-StyleGuideR4.pdf (See on following page) https://curbprisonspending.org/wp-content/uploads/2021/11/Oct-2021-CURB-Language-Guide-. pdf 63 JOURNALIST STYLE GUIDE Covering Immigrants with Convictions Second Edition • July 28, 2021 COMM/ UNITY LANGUAGE FOR LIBERATION Prepared by the Comm/Unity Network 1 64 NOTE: The first edition of this style guide was released a year ago, at a pivotal moment to defend Black lives in the United States. Since then, the U.S. has continued to grapple with issues surrounding systemic racism, including at the intersection of mass incarceration and the immigration system. INTRODUCTION Across the U.S., there is unprecedented recognition that policing and incarceration have led to the criminalization of Black people and communities of color. Data has also shown that federal policies which co-mingle policing and incarceration with deportation have deeply hurt immigrants of color, with disproportionate harm to Black immigrants. Meanwhile, the number of people held in Immigration and Customs Enforcement (ICE) detention has skyrocketed in the first half of 2021. Longstanding issues of medical neglect fueled ICE’s highest death rate in detention in fiscal year 2020. About a third of those who lost their lives in ICE custody in FY 2020 had tested positive for COVID-19, indicating that immigrants in detention remain at risk of abuse and neglect on multiple fronts. Often with the leadership of Black immigrants, detained people continue to organize—with a new report showing that ICE subjected detained people on hunger strike to force-feeding. It remains crucial to portray the full humanity and life experiences of people facing detention and deportation. FOR EDITORS AND REPORTERS A growing number of publications and editors are assessing their use of language and the way stories about systemic racism are told. A June 2020 article in the Economist notes, “Seeing the bias in even innocently intended language is a first step towards understanding that there is still work to do.” Last year, the Associated Press adopted the longstanding practice of many news outlets in capitalizing the word Black; a decision we applaud. Earlier this decade, many newsrooms, including AP, decided to stop using the word “illegal” as a noun to describe immigrants without documents. We hope this guide is a meaningful contribution to conversations in the newsrooms around language and storytelling regarding immigrants who have had contact with the criminal justice system. In this new edition, we have added new recommendations regarding photographs, mugshots, and B-roll, as well as updating key data where relevant and updating our list of sources. Since initial publication, we are glad to see additional style guides emerge relating to people impacted by the criminal-legal system, including The Marshall Project’s “Language Project” in April 2021. 2 65 TABLE OF CONTENTS I. Background 1. Multiple layers of injustice 2. Beyond the labels 3. COVID-19 context II. Key information and recommendations 1. The criminal legal system A. Brief background and recommendations B. Chart: Problematic terms to reconsider 2. The immigration system A. Chart: Problematic terms to reconsider B. Background 3. Suggestions for interviewing a person with a conviction who is facing detention/deportation 4. When ICE sensationalizes cases 5. Avoiding oversimplification A. Chart: Problematic concepts to reconsider 6. Sources 7. Photographics, mugshots and B-roll III. Who We Are: About the Comm/Unity Network 3 66 - BACKGROUND MULTIPLE LAYERS OF INJUSTICE People facing deportation, including those in detention, come from a variety of backgrounds and experiences. This includes people fleeing dangerous conditions, green card holders, visa holders, and long-term undocumented residents of the U.S. Among them are community members who have had contact with the U.S.’ flawed criminal legal system, including arrests by local police and/ or convictions. A growing body of research has demonstrated the criminal legal system suffers from severe obstacles to equal justice which have led to tremendous racial disparities, with particular harm to Black people. But in direct contradiction to criminal justice reform efforts, Immigration and Customs Enforcement (ICE) funnels people who have already been deemed eligible for release from prisons or jails into its sprawling system of immigration detention and deportation. An increasing number of lawmakers and experts have questioned this extra layer of punishment, which comes after a person has completed their time in the criminal legal system, as unethical and unnecessary. ICE targets green card holders and those without current status alike. BEYOND THE LABELS Journalists have documented that ICE routinely uses inflammatory language to dehumanize immigrants, including people with past records. People with past records include survivors of violence and people who have fled war and genocide. They include people who have been subjected to racial profiling and people who have changed their lives after past mistakes. They include people who were stripped of their green cards under laws members of Congress have denounced as discriminatory, as well as people who currently lack immigration status due to the federal government’s inability to create a workable immigration process. They have family or loved ones hurt by their absence who eagerly await and often advocate for their release. 4 67 - KEY INFORMATION AND RECOMMENDATIONS In recent years, health professionals and experts have called for “people-centered” language when describing individuals in the criminal justice context. Additionally, over the last decade, many newsrooms have changed their style guides to avoid terms that are pejorative toward immigrants. The following recommendations address the intersection of these two issues. THE CRIMINAL LEGAL SYSTEM BRIEF BACKGROUND AND RECOMMENDATIONS • • • • As numerous scholars have documented, the roots of systemic racism in policing extend back to the era of slavery. The U.S. currently incarcerates more people than any other nation on earth: 2.3 million people as of March 2020. According to The Sentencing Project: • “African American adults are 5.9 times as likely to be incarcerated than whites and [Latinxs] are 3.1 times as likely.” • “The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and people of color.” 70% of all U.S. adults have committed an offense that could lead to incarceration, according to Politifact, showing the vast reach of criminalization in the United States. A nationwide poll published in 2017 found most crime survivors “prefer investments in rehabilitation and treatment over increased incarceration and the deportation of immigrants.” Innovative scholars have long argued that mass incarceration is unnecessary. PROBLEMATIC TERMS TO RECONSIDER PROBLEMATIC TERM CONCERNS ALTERNATIVES “Criminal;” “convicted criminal” Even former prosecutors have noted that “criminal” is a vague term that covers a vast array of conduct. Person, person with a conviction “Felon;” “convict;” “ex-con;” “offender” As health experts have noted, this carries a significant amount of stigma. These terms may paint an overly simplistic picture to readers. Person with a felony conviction A discussion of additional terms, based on the perspective of incarcerated people themselves, is available in this article from the Marshall Project. 5 68 THE IMMIGRATION SYSTEM Creating sharp dichotomies between those deemed “criminal” as opposed to those deemed “non-criminal” obscures systematic racial disparities, the complexity of the law at play in both the immigration and criminal legal systems, and individuals’ life circumstances. A 2016 report by the Black Alliance for Just Immigration found “while Black immigrants make up only 7.2% of the noncitizen population in the U.S., they make up 20.3% of immigrants facing “...while Black immigrants make up deportation … on criminal grounds.” Additionally, only 7.2% of the noncitizen population Black immigrants are 6 times more likely to be in the U.S., they make up 20.3% of locked in solitary confinement while in detention. immigrants facing deportation... on This reality has all too often been ignored in the criminal grounds...” discourse around immigration and criminalization, leading to the erasure of Black immigrants. PROBLEMATIC TERMS TO RECONSIDER PROBLEMATIC TERM CONCERNS ALTERNATIVES “Illegal immigrant” This term ignores the complexities of immigration status and has been widely rejected by news organizations over the last several years. Undocumented immigrant, Immigrant without current status “Aggravated felon” “Aggravated felony” is a complicated “term of art” introduced by harsh immigration laws. The term has little connection with its colloquial meaning and includes a vast range of conduct. Formerly incarcerated immigrant, Person with a criminal record, or • Person convicted/ charged with a crime considered an ‘aggravated felony’ under immigration law “Deported felon” “Felon” is a charged term that focuses on one narrow aspect of a person’s identity and tells readers nothing about the circumstances of the individual’s life. It is worth noting that anti-immigrant organizations have for several decades sought to use this term to build a narrative which criminalizes immigrants. Deported person, Person who was deported after completing a sentence 6 69 PROBLEMATIC TERM CONCERNS ALTERNATIVES “Felon committing illegal entry or reentry” The 1929 law creates a vicious cycle where people are separated from their families, deported, and when they seek to return home, they are convicted of misdemeanors and felonies. Systematically labeling immigrants as “criminals” and “felons,” through language and law, has been a tactic used by white supremacists going back to the one who originally sponsored this law nearly a century ago. Person seeking to return to the U.S. “Criminal alien” “Alien” is an offensive term; and together, these two words risk sensationalizing the issue. Formerly incarcerated immigrant, Person with a criminal record BACKGROUND: THE LEGAL ARCHITECTURE OF CRIMINALIZATION • • Harsh laws passed in 1996 vastly expanded the grounds for deportation, while curtailing due process and barring judges from considering the individual circumstances of a person’s life in many cases. These laws, which tied the immigration system to the criminal legal system, also automatically strip many green card holders of immigration status. Due to these laws, ICE targets people for deportation after they have completed their sentence or been deemed eligible for release, sometimes decades later. Even conservative republicans came to regret some of the laws’ impacts. “Unauthorized entry” and “reentry” to the United States were made crimes (under criminal law) due to legislation sponsored by “unrepentent” white supremacist Senator Coleman Blease in 1929, as the Washington Post reported last year. FURTHER BACKGROUND • • • • U.S. law generally considers most issues related to immigration detention and deportation to be matters under “civil” or administrative law. This has several little-understood implications. In civil proceedings, unlike criminal proceedings, legal representation is not guaranteed. People must find or pay for their own attorneys. Legal experts note there is no other area of U.S. law where detained people must advocate for their liberty against trained government lawyers without guaranteed legal representation. Yet under immigration law, the Department of Homeland Security (DHS) can nonetheless deprive immigrants of liberty during deportation proceedings, and even deport many people without a hearing. The “civil” nature of immigration detention also means that ICE has significant authority to quickly free people from detention. Unfortunately, ICE rarely exercises its discretion in this manner, particularly for people with prior interactions with the criminal legal system. 7 70 THE IMMIGRATION SYSTEM • • • Portray people in their full humanity. Describe their aspirations and hopes, interests, family and community life, the challenges they’ve faced in life and how they have changed over the years. If the person is being interviewed for a short comment or reaction, but they are not the focus of the story, consider whether it is necessary to ask about, and/or mention, their criminal record. Is it a relevant detail in the context of the overall story, or does it distract from the piece? If you mention the conviction, it is important to dedicate sufficient space in the story possibly a paragraph - to give appropriate context to the person’s life circumstances. Consider these factors: • How long ago did the conviction occur? • What were the circumstances in the person’s life at the time? Were they experiencing violence or trauma? How has the person’s life since changed? • How would the person’s continued detention or deportation affect their family and loved ones, including U.S. citizens? • The support the person may have from the broader community. • What resources did the person have - or lack - to contest the criminal charges they faced prior to being turned over to ICE? What was the quality of legal representation they received, and how might this have affected what they pleaded to or were convicted of? How would someone with greater economic resources have fared? WHEN ICE SENSATIONALIZES CASES Scholars have noted that one of Immigration and Customs Enforcement’s key tactics is to publicize sensational information regarding crimes allegedly committed by immigrants. Such an attempt to single out one aspect of people’s identity as the cause of their actions, and thus scapegoat and demonize immigrants as a whole, has drawn profound concern from historians and civil rights leaders. It bears noting that ICE has a significant record of misrepresenting the truth. An agency spokesperson resigned in 2018 saying he was asked to “flat-out lie.” Internal ICE emails published by The Intercept in 2017 illustrate the agency’s concerted attempts to exaggerate the severity of cases. The acting Chief of Staff for ICE’s Enforcement and Removal Operations told agents: “Please put together a white paper covering the three most egregious cases,” adding: “If a location has only one egregious case — then include an extra egregious case from another city.” ICE appears to have taken a similar approach during the COVID-19 pandemic, publicizing the charges and convictions of medically vulnerable individuals, despite the fact they had been ordered released from detention by court order. 8 71 Key questions to consider in response to ICE press statements • Is the information accurate? (At times, new information emerges about a case months or years after the fact.) • Is ICE attempting to paint all immigrants with a broad brush, and/or attempting to paint immigration status as the cause of someone’s actions? What other voices can provide an alternate perspective? • Even in highly charged and politicized cases, how can the principles of due process, and the right to a fair trial, be respected? • Family members of people who pass away in ICE detention may be experiencing intense trauma and psychological distress. It is important to consider how coverage that focuses on an individual’s contact with the criminal legal system could further traumatize grieving family members. • It is also important to bear in mind that the family members and loved ones of detained people who contract COVID-19 will be experiencing psychological distress AVOIDING OVERSIMPLIFICATION There is a stark ethical question one should ask when seeking to distinguish between data points about detained individuals’ past interaction with U.S. legal systems: should a person’s safety behind bars rely on whether they have been labeled “criminal”? Over the course of the last year, ICE and Border Patrol detained hundreds of thousands of people in total. While individuals held in these systems are generally detained under civil immigration laws, most are held in the same jails and prisons that also incarcerate people “... making these (‘non-criminal’ vs serving criminal sentences, or have been used ‘criminal’) distinctions detracts from the for that purpose in the past. Because of overly punitive, unjust, and inhumane this, many people, including journalists, feel conditions all people caught up in both compelled to distinguish between immigrants legal systems are facing.” in civil custody and people serving time in criminal custody, and to distinguish between people labeled “non-criminal” vs “criminal” in immigration custody. However, making these distinctions detracts from the overly punitive, unjust, and inhumane conditions all people caught up in both legal systems are facing. And it obscures the complexities of the criminal legal system, where colloquial connotations do not always align with technical definitions. 9 72 CURRENT CONCEPT “Most detained immigrants are non-criminals and thus should be released” CONCERNS Individuals in detention who do have contact with the criminal legal system - a system with profound racial disparities - have already completed their sentence or been deemed eligible for release. How long is it reasonable to apply the “criminal” label? In light of the threat posed by the pandemic, should a person’s safety behind bars rely on whether they have received the “criminal” label? “Violent offenders” This simple term masks the complexity of criminal law; with many crimes which may sound ‘violent’ lacking any element of harm and vice-versa. It is also important to consider how much time has passed since the person received or completed the sentence. Sweeping references to “rapists, murderers, and sex offenders” This language has been used to fuel stereotypes and demonize immigrants and people of color. ALTERNATIVES Coverage could focus on the medical vulnerability of individuals; the authority ICE has to quickly release individuals; family and community connections. [Note: At the same time, advocates are supporting calls to release all people from jails and prisons. Incarcerated people’s lives are equally at risk regardless what agency’s custody they are in.] Consider whether it is necessary and relevant to mention the conviction. If you determine it is necessary to cover a person’s record, the following may help convey a fuller picture of the person’s life: • Include not only the conviction, but the life circumstances surrounding it and the time. • Allow space to describe how the individual’s life may have since changed. Specific descriptions of facts and circumstances. PERSPECTIVES ON SAFETY AND VIOLENCE PREVENTION: • ICE frequently makes claims related to public safety. Yet other crucial sources and perspectives related to public safety are all too often left out of the conversation. • Violence survivors and violence prevention leaders have increasingly found that alternative solutions which do not involve incarceration are the most effective options for building community safety. • This is a perspective shared by formerly imprisoned people who have rebuilt their lives. 10 73 SOURCES Members of the media should be aware that certain sources which seek to portray themselves as neutral or more researched-based advocates actually have well-documented ties to nativist, white nationalist organizations. The Southern Poverty Law Center has designated two oft-quoted organizations as hate groups. • Center for Immigration Studies (CIS) “... has a decades-long history of circulating racist writers, while also associating with white nationalists.” • Federation for American Immigration Reform (FAIR)’s “leaders have ties to white supremacist groups and eugenicists and have made many racist statements.”1 We encourage reporters to elevate the voices of Black immigrants and formerly detained immigrants. The following is an initial, partial and developing list of sources who have offered availability to provide comment and context to reporters on the issues discussed in this guide. We will continue to update this list. CONTACT ORGANIZATION CONTACT INFO (no for public distribution) ISSUE AREAS Abraham Paulos, Deputy Director of Policy and Communications Black Alliance for Just Immigration abraham@baji.org African American and Black immigrant communities; AntiBlackness, intersection of incarceration and deportation; Racism in U.S. laws/culture, migration, globalization Jacinta González, Senior Campaign Organizer Mijente jacinta@mijente.net Intersection of policing and immigration systems, Latinos and: Defund the Police, policing, criminal justice, BLM, COVID impacts; surveillance Anoop Prasad, Staff Attorney Asian Law Caucus anoopp@ advancingjustice-alc.org People w/ convictions in state prison, including SouthEast Asian Refugees; Pardons; interviews with currently, formerly incarcerated people Phal Sok, Crimmigration and Technologies Coordinator Youth Justice Coalition phal@youthjusticela.org Immigration, Crimmigration (crime-based deportation), criminal justice, youth justice 1 Additionally, with the growth in ‘disinformation’ efforts, we recommend journalists follow practices such as those outlined at https://firstdraftnews.org/long-form-article/first-drafts-essential-guide-to/ 11 74 CONTACT ORGANIZATION CONTACT INFO (no for public distribution) Lisa Knox, Legal Director California Collaborative for Immmigrant Justice lisa@ccijustice.org Charles Joseph (Bula) Interfaith Movement for Human Integrity cjoseph@ im4humanintegrity.org ISSUE AREAS Efforts to free immigrants from ICE detention through representation, advocacy, litigation; challenging medical neglect in detention and access to vaccination; intersection of immigration and racial justice PHOTOGRAPHS, MUGSHOTS AND B-ROLL The use of photographs and background images can have a significant influence on how the public perceives issues writ large as well as individual community members’ stories. A consensus among experts and scholars has emerged that mugshots perpetuate racial stereotypes, demean incarcerated people, and also may impede the reintegration of formerly incarcerated people into society. Thus, a growing number of newsrooms are rethinking their use of mugshots, with the Houston Chronicle banning them altogether. The Trump administration’s highly politicized use of mugshots on billboards in Fall 2020, criticized as exploitative by leading civil rights groups, casts further doubt on this practice. In an interview with the Marshall Project, Johnny Perez, a formerly incarcerated New Yorker who is currently director of U.S. prison programs for the National Religious Campaign Against Torture, said regarding mugshots: “It reaffirms existing biases and creates biases where none exist.” Perez and other advocates have also noted that publishing mugshots may make it harder for formerly incarcerated people to get jobs. RECOMMENDATIONS • Outlets should avoid the use of mugshots and work with community members to find pictures that represent the full context of individuals’ lives • Editors and journalists should clearly explain the outlet’s process for photo licensing to community members B-ROLL Similarly, stock images of faceless immigrants in jumpsuits and chains do not accurately portray the humanity and range of lived experiences among immigrants in ICE detention. Much B-roll in circulation is provided by government agencies such as https://www. dvidshub.net/. By relying excessively on b-roll from government agencies such as ICE and 12 75 - ABOUT THE “COMM/UNITY” NETWORK Comm/Unity is a network of national communicators who are working to challenge the criminalization of immigrants and ensure fair and accurate coverage. The network includes the following organizations, many of which are available to speak to reporters: Detention Watch Network, Freedom to Thrive, Grassroots Leadership, Immigrant Defense Project, Immigrant Justice Network, Immigrant Legal Resource Center, Just Futures Law, Latino Justice, National Immigrant Justice Center, National Immigration Law Center, National Day Laborer Organizing Network, National Immigration Project of the National Lawyers Guild, Southeast Asia Resource Action Center, United We Dream. The network is anchored by Immigrant Defense Project. For more information or if you have any questions, please contact Jon Rodney, jon@immdefense.org. 13 76 14. Petition Tutorials And Example Petition tutorials ● ● ● ● ● ● How to Start an Online Petition (from California Coalition for Women Prisoners Guide) – see below How to create a petition on change.org (change.org webpage) How to create a petition on change.org (YouTube tutorial) How to create a petition on change.org (YouTube tutorial) How to create a petition on Action Network (Action Network webpage) Creating petitions (Action Network webpage) How to Start an Online Petition (California Coalition for Women Prisoners Guide) What is an online petition? A petition is a way to build and show public support for a person or an issue. Anyone can share an online petition on the internet, so anyone with internet access can search for and read online petitions. Online petition sites allow readers to sign petitions and to post comments about why they support petitions. Typically, petition sites only allow supporters who sign the petition to post comments, so public comments on petitions themselves tend to display only positive support. Decide if you want to post an online public petition If you want to build public support for yourself or someone else, consider any increased public attention risks. Asking for public support will bring more attention to an issue. So carefully consider the risks of increasing public awareness to yourself, your loved one, or someone with whom you work. For example, we encourage you to evaluate potential concerns about any victims who may be upset by public efforts to support you or your loved one. Consider any harms that could be caused to yourself and others and carefully weigh this in making your decision. We also encourage caution about sharing detailed information about your case, or another person’s case, if there’s an active appeal or potential opportunity for resentencing. In some cases, people choose to keep the petition focused on an applicant’s personal development and community service in prison, steering clear of conviction info or mitigating factors. Choose who will be named as the petition host Anyone can host an online petition – including an individual, group, or organization. The petition host will show up on the petition as the person or group asking for support. It could be the incarcerated/detained person, parent, sibling, friend, church, or community organization. Choose what makes the most sense for you while considering what might most likely increase your chances of building public support. 77 Choose a title for your petition Choose a short and action-oriented title. Supporters should be able to determine the subject of the petition quickly, as well as why it’s important. Sample: “Please Grant Clemency for My Mother, [Name]!” Choose the decision-maker(s) for your petition For commutations or pardons, California Governor Gavin Newsom is the decision-maker. While it is unnecessary, you can choose additional decision-makers if you plan to advocate to others who may influence your main decision-maker. Draft a short pitch for your petition Your petition “pitch” is where you explain what you’re asking for and make a pitch to supporters about why you need their help. It should be written from the perspective of the petition host. So, if you’re a parent of an incarcerated person, write your narrative from your position as a parent. If you’re incarcerated, write the narrative from your perspective – why are you asking for support, and why do you believe supporters should take action on your behalf? Sample: In 1996, my son, [name], was sentenced to Life Without Possibility of Parole for self-defense… Draft a direct message to your decision-maker This direct message should explain why you want your decision-maker to take action. This message will be sent directly to your decision-maker with automated petition updates via email. It will be what your decision-makers see on the first page of your printable petition. Sample: Dear Governor Newsom, We urge you to commute the sentence of [Name]… because… Choose a photo to use for your petition Petitions get much more circulation when there is a photo included. Select an image that the incarcerated person wants to share publicly and scan it or take a picture so that you can upload it to the petition site. (Please choose a legal image from visiting or from a photo sale, or use a picture from before incarceration.) Choose a petition platform Different companies have websites where the public can host online petitions (i.e., change.org or Action Network). These are called petition platforms, and they offer petitioners different features. There are several free petition platforms. Some allow petitioners to download the contact information for supporters who sign their petition (i.e. Action Network). Others allow petitioners to engage with supporters in various ways but do not allow hosts to download contact information. Some petition sites (i.e. Change.org) promote a selected number of petitions/issues, which can significantly increase the circulation of petitions and thus the number 78 of potential supporters. Most petition platforms will ask you how many signatures you’d like as your goal. It’s a generally good strategy to choose a number you think is attainable, rather than a vast number that you might never be able to make. Some petition sites set their own goals (i.e. starting at one hundred) which increase as the petition gains support. Most petition sites allow you to create an account and post petitions for free. Once you choose your petition platform, create an account and sign in. Create your petition online Log into your petition platform and choose the option to create a petition (this will be named differently on different sites). Follow the prompts for designing your petition. This will include adding your title, petition pitch, your direct message to your decision-maker, and uploading your photo on the site. Most sites give you the option of previewing your petition before you “publish” it. In any case, once you publish your petition, you can always select the “edit” feature to make changes. Posting petition updates Most sites allow hosts to post updates to their petition, which adds update posts to your online petition and sends an email to all petitions signers so far. Posting updates can increase petition circulation, which is a great way to reach more potential supporters. Updates can include “thank you” messages to supporters, requests that supporters continue to share the petition to help build more support, updates from the incarcerated person you are supporting, updates on the campaign, etc. Circulating and publicizing your petition Once you’ve created and published a petition, it’s time to circulate and publicize it. What social media platforms will you use? What organizations could help you promote? What individuals do you want to contact directly with a link to the petition? Consider making a list of individuals and organizations to contact with your petition. Petition examples: Danny Thongsy petition (pardon campaign) An Thanh Nguyen petition (pardon campaign) Kelly Savage petition (commutation campaign) Liyah Birru petition (pardon campaign) Gabriela Solano petition (commutation campaign) Saman Pho petition (pardon campaign) Kanoa "Rae" Harris-Pendang petition (commutation campaign) Kao Salee petition (pardon campaign) 79 Examples of Petitions: change.org l'f;t1t1011 dl!tllls swupetitlOn Comments My petitions Browse 0. ~mbe<&hlp Log ., change.org l'!;~t,on deto,Js Updates sw11pebuon Comments My pet~ions 8'owS<! log., Demand Gov. Newsom to #StoplCEtransfers and Support Firefighter & Refugee Kao Saelee Grant Commutation for Incarcerated Survivor Gabriela Solano! 2Q\.9!i81,fye oigned.Let'ioetto 1."70 hew &igned. LefsQel to t.500! "'"'"' At tSOOoigna1 u,es.tlli!.petrt,on1$ O Q, Membership IJpO,!tes IIIOfe likelytogetpickeduplJV lo<;.tnews! O Al lOO.OOOtigM tUfet ths pet,tJon be<:omesooeolllle iop tignedonChenoe,oro• ---.-~,,,.- """"',qwdtt,;,pot- ~•g•,.,._ le C W - - - . . - i . ~ - ~_,.,.._~•9fflrao!E.......,9..,_J, Right before this year's devastatmgwildfires in Cal ifornia~ SUMMARY =..,"':"==~=- who has served 20 years in prison for her Involveme11t In a crime □ up;IOMOOINUIIIPl'll•IIICI- comm11tedbyherabus iveboyf riendandhisacquaintances. Ill o,,p.,,,..,-t1r.it...i"""--,c""tMPf(J!'°" Gabriela Solano is an incarcerated survivor of domestic v iolence Enduringthelongstand1ng effectsofan8-year relat ionsh1p characterizedbyvolatility, violence, andemotlona l abuse, no ~..,~ .... _.,_ ---catll!"V"' ""~ actions and held no intent to end anyone's li fe, Gabriela has l'oo<Ml.-.... "" ..... ..._ _ _ ......,u,,c-:.n. ...... 1 wildfiresthathavedevastatedCal ifornia,Saelee isnowdeta ined □ :.._-~..,,m,_,rd --'"'-"'°--·- bylCE, thousandsofmilesawayfrom hislovedonesin 111 0...,_,,_.,.._...,""'P"'"" ~ lnsteadof reuniUngwithhisfamllyandlightingthe loulslana'sPinePra lrielCEdetentlonfaci1rty wherethereareat least65COVID-19posJtivecases. 9'-~youa:c.p,:Cllqt.rgi!m:l..sl! Gabriela was placed in a dangerous and impossible situation for which she remains unduly penalized. Even though she took Gi!Yin Newsom and Cal 1forma's 12[!S2!1.jYSl@m CCOCR) handed ~aformerl~fighterandM1enretugee Sign the petition: Urge Governor Newsom to #StoplCEtrilnsfers from CDCR, ilnd for the Governor to tell ICE torelHse KaoSHIH OOW! ----. 9'-""""'9-you..,,.Q,qt,wgiim:IJ!! &!!9•~.ond-O>-'l'oo<Ml _ _ ...,_ ~ suffered from the connected experiences of domestic abuse and During th is COVID-19 pandemfC, California prisons and local jails arenotonlys,tesofCOVID-19outbreaks,butcontinuetoactas harshly punit 1vemeasures likethefelonymurderrulewhich allowedhertobesentencedtollleWithoutParolewithan the main pipeline fill!ng lmmlgratloo detention centers by turning addrt ional 25 years to Life , Governor Brown's commutation is a com munity members like Saelee who are eligible 10 be released crucial steptogivingGabrielathesecondc hanceshedeserves. over to Trump·s deportation machine. Gov. Newsom must act Join us in ask ing Governor Jerry Brown to commute Gabriela's nowandhaltlCEtransferslromstat eprisonsandjailsasa sentence from Life Without Pa role plus 25-to- life to a parole- concrete way to stop the spread of COVID-19, save lives, and elig1ble sentence. protect public health. 15. Sample Biographies Sample biographies of community members with successful campaigns: ● ● ● ● Danny Thongsy Autobiography (pardon campaign) An Thanh Nguyen Biography (pardon campaign) Kao Saelee Biography (pardon campaign) Ny Nourn Biography (pardon campaign) Autobiography of Somdeng Danny Thongsee(y) In the late 70’s my family escaped war in the Communist country of Laos. I was born in a Thai refugee camp. When I was 2 years old we resettled here in America; unfortunately, like many Southeast Asian refugees we lived in an impoverished area of town riddled with violence and drugs. We also carried with us the trauma of war and displacement and with lack of resources to help. Just like many kids growing up in this environment I made poor choices. In addition, I was often bullied and teased by other kids for not having much and for looking different. When I was 17 years old, my older brother was murdered. I did not know how to cope with the grief of losing my brother nor did I know where to turn for help. This led me to make a horrible choice which resulted in the death of a man and the injury of two of his friends. 80 Incarcerated, I sought therapy and found healing, transformation and accountability through spiritual practice. I explored my trauma through self-help workshops and began to truly understand the root causes of my behavior. I vowed to never cause the harm I once caused and made sure that others won’t make the same mistake. I became an advocate in self-help programs, and took on leadership roles by facilitating groups, bible studies and mentoring other prisoners one-on-one. I went back to school and graduated with a college degree in Social Science. I learned the importance of culture, history and identity through the Asian Prisoners Support Committee San Quentin ROOTS program. I became a member of a Juvenile Lifer/Youth Offender group called Kid Creating Awareness Together (Kid CAT) at San Quentin and helped advocated for the passing of California’s SB260 and SB261 Fair Sentencing for Youth, which afforded many youth whom had been impacted by California criminal justice system to be given a fair chance of parole. After two decades of incarceration, the California Board of Parole Hearings and Governor Brown recognized my rehabilitation and that I am deemed not a threat to public safety granted my parole. Unfortunately, upon my release from state prison because of my immigration status I was directly transferred over to DHS/ICE for deportation. I sat in immigration jail for two months with the fear of being sent to a country I have never been to and being permanently separated from my family, community, and the only place I know as home, America. Fortunately, because there was no formal repatriation agreement between the Laotian government and the US I was released under the order of supervision with a regular check in with ICE. Since being home in February 2017, I continued my role to give back and bring healing to the community as an advocate for criminal justice reform and immigrant rights. I became a member of a community based organization, the Asian Prisoner Support Committee, I sit as an advisory board member of Prison to Employment Connection, and in 2017 I was awarded as a Yuri Kochiyama Fellowship at Asian Americans Advancing Justice-Asian Law Caucus. I continued to shared of my lived experience and spoke on panels, did community outreach, participated in community gathering, worked with elected officials in immigration and pardon cases, advocated for the passing of SB54 the CA Values Act, AB1308 for CA Youth Parole Hearings, AB2845 Pardon and Commutation Reform and met with elected officials at the national level to advocate against deportation. I also helped planned community events and worked with other advocates to address many core issues surrounding the community. Currently I am a Campaigner/Coordinator for the Justice Reinvestment Coalition of Alameda County, a non-profit which is composed of community-based and advocacy organizations committed to creating a fair and just public safety system based on effective practices that invest in communities, families, and people. We advocate for equitable and sustainable systems that provide alternatives to policies that criminalize and impoverished communities and harm public safety. Although I was released from immigration detention in 2017, I am constantly living in a state of fear and uncertainty. In July 2018 the country of Laos, after being pressured with sanctions from 81 the United States, agreed to accept refugees with deportation orders. This means I can be picked up by ICE agents anytime and deported to the country of Laos. I have never set foot in Laos, a Southeast Asian country my family was forced to flee before I was born. My only path to obtain relief from deportation and remain in the U.S. with my family and community is to receive a pardon from the Governor. Third-Person Biography Of An Thanh Nguyen An Thanh Nguyen was born in Vietnam in 1973. Life in Vietnam was very difficult for An and his family. Because An’s father worked for the United States during the Vietnam War, in 1975 the Viet Cong put his father in jail for four years. An’s family was very poor. His parents and their seven children all lived in one room. When An was about 10 years old, he went to work in a factory that made coconut candy to help his family survive. In 1985, An’s mother fled Vietnam by boat with three of his siblings. An was finally able to escape in 1990 when his mother sponsored the rest of his family to immigrate to the United States. They came to the United States craving the freedom and opportunities they lacked in Vietnam. After immigrating, An’s family struggled with poverty and adjusting to a new country. An struggled in school because he couldn’t understand English and was bullied for being an Asian immigrant. He was young, immature, and made a terrible mistake that resulted in a series of robberies. An served over twenty years in prison because of mistakes he made as a young man struggling to adjust to life in this country. Every single day, An regrets the bad decisions he made and the harm he caused others. When he first arrived in prison, An knew he wanted to become a better person. He completed many programs that helped him understand the consequences of his actions. He got his GED, went to college, completed vocational training, and took self-help classes. An is a changed man and wants more than anything to spend the rest of his life giving back to society. In October 2019, An was transferred from prison to ICE detention. On November 20, 2019, an immigration judge ordered him removed and ICE released him a few days later. After his release, An tried his best to start his life again. He drove his mother to her medical appointments almost every day, found work in a shoe factory, followed all his parole requirements, and attended self-help classes to continue bettering himself. On March 6, 2020, An was detained by ICE and lost everything he had been working so hard to build. Because his asthma makes him medically vulnerable to COVID-19, An feared for his life in detention. He filed a habeas petition to ask the courts for his release. An was relieved when a 82 judge ordered his temporary release on April 3. As part of the conditions of An’s release, he was ordered to shelter in place in his sister’s house in Rosmead. Since his release in March, An has been trying to rebuild his life again. Shortly after the court amended his shelter-in-place to allow for employment-related travel, An worked hard to find employment to support his family and community members. In December 2020, he found full-time employment working for Williams Sonoma in a shipping warehouse in the City of Industry. An lives every day in fear that ICE might try to re-detain and deport him. Vietnam has issued a travel document for him, so he fears that ICE will deport him at the soonest time possible. The Vietnamese government took everything away from An and his family. His mother, siblings, and son all live in the United States. An’s only path for relief from deportation and to stay united with his family is a pardon from the Governor. Kao Saelee Biography Mr. Saelee, a formerly-incarcerated firefighter, seeks a pardon from Governor Newsom because it is the only way for him to be safe from deportation to Laos and be reunited with his family in Fresno, California. Mr. Saelee and his family are Mien refugees from Laos who bravely aided the U.S. military during the Vietnam War. At the age of 5, Mr. Saelee entered the U.S. as a child of war who had witnessed unspeakable violence, famine, and devastation. Mr. Saelee, his parents, grandparents, and three younger siblings settled in northern California. In America, Mr. Saelee’s parents, who worked as farmers in Laos, struggled to make ends meet. His father worked odd jobs to support his family, and even commuted from the Central Valley to San Jose to work as a welder. During their free time, Mr. Saelee’s parents took their children fishing, camping, and on trips to visit relatives in the Bay Area. While Mr. Saelee was loved by his family, he felt completely lost at school. Because Mr. Saelee did not speak English, was Mien, and poor, he did not fit in at school. Mr. Saelee and his parents did not have culturally-competent resources to assist Mr. Saelee as he navigated an entirely new country and education system. When other children bullied Mr. Saelee, no one came to his rescue. Mr. Saelee also took on the responsibility of protecting his younger siblings from violence in their neighborhood; consequently, his younger siblings viewed him as their protector and mentor. Whenever anyone 83 picked on his younger siblings, Mr. Saelee would tell them to leave them alone. When Mr. Saelee started high school, he was jumped and beaten up in front of his parents at the grocery store. Both Mr. Saelee and his parents were powerless to do anything about it. After this incident, Mr. Saelee felt constantly fearful, vulnerable, and unsafe. He began to look for protection from other kids in the neighborhood. When he started getting into trouble, Mr. Saelee’s father kicked him out of the house to try to teach him a lesson. At times, Mr. Saelee would sleep in the courtyard of his family’s apartment complex. With nowhere else to go, Mr. Saelee turned to his friends for a sense of belonging and security. While he was an unhoused teenager at the age of 18, Mr. Saelee was convicted of robbery and attempted murder, and was sentenced to 25 years in prison. In prison, Mr. Saelee decided to turn his life around. He was selected to participate in and graduated from Pawsitive Change Program-- a rehabilitative program that fosters compassion, combats recidivism, and prepares incarcerated individuals for productive lives by learning to care for and train dogs. After a vigorous vetting process, based on good behavior and physical tests, Mr. Saelee was also selected for placement at fire camp where he worked extremely long and exhausting hours as a firefighter battling California wildfires on the front lines, cutting brush and creating firelines in 2018 and 2019. The wildfires he battled are much like the wildfires currently devastating the West Coast. This summer, he completed his 25 year sentence, and his youngest sister drove to Pleasant Valley State Prison to pick him up. However, instead of being released, he was transferred to the Fresno ICE Field Office where he was held overnight in a holding cell. The next day, he was transported to Texas, and then to Louisiana where he was booked at Pine Prairie ICE Detention Center in rural Louisiana, where there are over 60 reported cases of COVID-19. Mr. Saelee remains in ICE detention 2,000 miles away from his family in Fresno. Mr. Saelee’s incarceration has had devastating impacts on his family, and they are eager to welcome him home and make up for lost time. Mr. Saelee seeks a pardon from Governor Newsom so that he can remain in the United States with his family and continue to use his many skills for the betterment of his community. For more info: “He Fought Wildfires While Imprisoned. California Reported Him To Ice For Deportation” by Sam Levin for The Guardian. Ny Nourn Biography Ny Nourn was born in a refugee camp in Thailand after her mother fled genocide under the Khmer Rouge in Cambodia. At the age of 5, Ny came to the United States with her mother as a refugee and resettled in San Diego. Ny’s mother married her stepfather after their first few years in San Diego. Her stepfather became a source of instability and domestic violence within her household. Consequently, as a teenager, Ny began escaping into Internet chatrooms. At 17 years old, Ny met a man online who was twice her age and became trapped in an abusive relationship with him. Weeks after Ny 84 turned 18, her abusive boyfriend killed Ny’s boss at her after-school job in a fit of jealousy. The murder went unsolved for three years until Ny escaped the relationship and went to the police. The police arrested Ny and charged her with aiding and abetting the murder. A judge sentenced her to life without the possibility of parole. Like Ny, upwards of 90% of incarcerated women experience domestic violence or sexual assault before their incarceration. While in prison, Ny became an advocate for incarcerated survivors, completed training to become a certified alcohol and substance abuse counselor, and organized with Survived and Punished. In May 2017, Governor Brown granted Ny parole but, she was arrested by ICE on her release date to be deported to Cambodia. About 10% of the state prison population have ICE holds, and are immediately transferred to ICE upon release. But after many months of advocacy from community groups across California, Ny walked out of ICE detention in November 2017 after 16 years of incarceration. Currently, Ny still lives in a limbo state without any clear form of immigration status and does not know when she will be deported. Despite the uncertainty, Ny set out to give back to her community. In 2018, she was named the Yuri Kochiyama Fellow at the Advancing Justice Asian Law Caucus (ALC) working in criminal justice and domestic violence advocacy issues. As a Yuri Kochiyama Fellow, Ny led efforts to pass AB 2845, the Pardon and Commutations Reform Act. In 2019, ALC promoted Ny to the Community Advocate position in the Immigrant Rights Program. Ny continues to work with currently and formerly incarcerated community members, domestic violence survivors, advocates for pro-immigrant legislation and policies, and works with coalitions towards reform of the criminal justice system. Ny also volunteers with numerous organizations including the California Coalition for Women Prisoners, Survived and Punished, and the Asian Prisoner Support Committee. Since her release, Ny has been honored by the Asian Women’s Shelter and the Devata Giving Circle for her activism and community service. Outside of her full-time job, Ny is a student at San Francisco State University and is working towards a Sociology degree. A pardon is Ny’s sole avenue to prevent deportation and restore her immigration status. 85 16. Sample Graphics Examples: ● Danny Thongsy pardon campaign: graphic 1, graphic 2 RDON DENG NNY ● Arlene Dugmore commutation campaign: graphics :/tl~rce.\l\Sun'ivors !li!Jy1rrcc1\IISur\'in1rs ● # C lc111cnc)·N t)\\ ' An Thanh Nguyen pardon campaign: graphic 1, graphic 2 -~2:f.ifi•J~l;~~~~C!#KeepAnHome I' Gov. NEWSOM: PARDON VIETNAMESE REFUGEE AN NGUYEN Join our virtual press conference to learn about An's story and ca ll on Gov~_rnor Newsom to stop thecleportation of Vietnamese ~ refugee An Nguyen by granting him a pardon. ,,,,. Let's , KeeP,AnHome TUESDAY 10-20-2020 at 10AM PST (s0Jl,[L ~@~g (916) 445-2841 CA GOVERNOR GAVIN NEWSOM No mo... def,ortotions! Sornplt, call script: "My name is _and I represent _/orgorcirywhere you livet rm ca lling to urge Governor Newsom to pardon An Thanh Nguyen. Anservedover20yearsinpriso n for mi sta~es he mad e as a you th . Whi le there, he wo r~ed hard to tra nsform himself . Assoonashewas released fromprison,i nstead of bei ng homewithfamily,An wastra nsferred 1olCEdet ention After! ina llybe ingrelease di nNovember andre- released in April fromlCE det ention, Anhasprovidedsuppontohis family,toundwork,andstayedcomm inedtohis re tiabi litation.Anshouldnotbepunisheda9ainbybein9 depor!edandhesh ouldno tbesepa ratedfromhisfamily. l urge GovernorNewsom tokeepfamilies t oqether, s! op ano!he< inhumaned eportation,andPardonAn RSVP: bit.ly/keepanhomepc ● Wendy Fong commutation campaign: graphics 86 \ ·isil I his loo\h.it lo submil llUblic comment lo hrfo~1 \\ ·endy home! hi.Ll.y 'Free, \IISur\'inxs ~ ·t Free. \IISun inlrs Clemenq:"\o\\ ● Blue Sky commutation campaign: graphics ● Kanoa “Rae” Harris-Pendang commutation campaign: graphics \ 'isil this l oolkil lo submit public comment to hrin9 Kunou h o m e: hlt..ly /Free i\HSurvjvors ~ # FrecAIISurvivors # Clc m c n cyNo w ● Gabby Solano pardon campaign: graphic 1, other graphics PROTECT IMMIGRANT SUR\ll\lORS! • bit.ly/ FreeGabbyToolkit ~ " #FREEGABBY OPICETRANSFERS 87 17. Sample Digital Media Toolkits Examples: #KeepAnHome Digital Toolkit (pardon campaign) - See following page #FreeBlueSky Digital Toolkit (medical reprieve campaign) – See following pages #ClemencyNow Action Toolkit (commutation campaigns) #Stand4Danny Social Media Toolkit (pardon campaign) #FreeGabby Digital Toolkit (pardon campaign) 88 SHARE THE TOOLKIT & #KEEPANHOME: bit.ly/keepanhometoolkit Join VietRISE, An, An's family, and community advocates to prevent An's deportation to Viet Nam. An is a caretaker for his family, sisters, niece, and elderly mother, and would have no family or support system at all in Viet Nam if ICE deports him. We are calling on Governor Newsom to stop ICE from deporting An by granting An a pardon, so he can remain with his family, community, and loved ones. Join us in helping #KeepAnHome! - -------- What can you do? 1. 2. 3. 4. 5. URGENT: Send a Support Letter for An to Governor Newsom Call Governor Newsom Sign and Share the Petition Tweet at Governor Newsom and ask him to grant An a pardon now! Read An Nguyen’s bio and share graphics If your organization can write a support letter addressed to Governor Newsom to pardon An, please email Allison Vo at allison@vietrise.org. #KeepAnHome #PardonAn #StopICETransfers #BảoVệNgườiTịNạn Target: Governor Gavin Newsom 📝 URGENT: Send a Support Letter for An to Governor Newsom through the Portal 1. 2. 3. 4. Go to the Office of Governor Newsom website: https://govapps.gov.ca.gov/gov40mail/ Purpose of Communication: “Have Comment” Subject: “Clemency - Pardons” Position: “Pro” Use the sample template letter at the petition: bit.ly/keepanhome. Make sure to add a personal touch to prevent the portal from filtering out duplicate messages. 89 ☎️ Call Script to Gov. Gavin Newsom: Call: 916-445-2841 "My name is ___ and I represent ___ (org or city where you live). I’m calling to urge Governor Newsom to pardon An Thanh Nguyen. An served over 20 years in prison for mistakes he made as a youth. While there, he worked hard to transform himself. As soon as he was released from prison, instead of being home with family, An was transferred to ICE detention. After finally being released in November and re-released in April from ICE detention, An has provided support to his family, found work, and stayed committed to his rehabilitation. An should not be punished again by being deported and he should not be separated from his family. I urge Governor Newsom to keep families together, stop another inhumane deportation, and Pardon An." ✍️ Sign and Share the Community Petition + Submit Support Letter to Keep An Home Help us share An’s story and urge Governor Newsom to prevent An’s deportation by granting him a pardon. Sign and share the petition here: bit.ly/keepanhome Sample Tweets to Governor Newsom @GavinNewsom 1. An Nguyen immigrated as a child refugee from Vietnam to the US, where he faced poverty, bullying, and an education system that failed him, leading to a crime he served over 20 yrs for. He now faces deportation to the country his family fled. @GavinNewsom protect refugees and #PardonAn 2. After serving over 20 years in prison, An Nguyen, a Vietnamese refugee, has worked to build a good life for himself and his family. Now, ICE threatens to take that all away from them again by deporting An. @GovNewsom #PardonAn and keep families together! 3. .@GavinNewsom, after being released from prison & ICE, An Nguyen has focused on taking care of his elderly mother, finding a stable job, & following all his parole requirements. An should remain here with his family. We urge you to #PardonAn & prevent his deportation! 4. An Nguyen, a formerly incarcerated Vietnamese refugee, lives every day in fear of ICE detention and deportation. As someone with asthma, detention in ICE facilities, evidenced to be COVID “tinderboxes,” puts An’s health in danger. @GavinNewsom #PardonAn and stop his deportation now! 90 5. .@GavinNewsom, An Nguyen’s story is like many criminalized immigrants and refugees who flee homes torn apart by war and imperialism only to come to the US to be marginalized and funneled into an unjust prison system. Deportation is only continuing the violence. #PardonAn 6. An Nguyen was transferred to ICE after serving over 20 yrs in prison. Shortly after, ICE released An on supervision & he was able to rebuild his life, working & supporting his family. ICE then re-detained An then released him. This is a cycle of cruelty! @GavinNewsom #PardonAn. 7. Criminalized refugees and immigrants like An Nguyen face the double-jeopardy of incarceration and deportation, often for crimes of survival that are caused by the traumas of poverty, war, racism, and displacement. @GavinNewsom act against the deportation machine and #PardonAn 8. .@GavinNewsom An Nguyen is a formerly incarcerated Vietnamese refugee who experienced his family’s home country torn apart by war. The US prison system and deportation machine only continue to fragment families and marginalized communities. #PardonAn and keep families together! 9. When ICE re-detained An at the Adelanto detention facility, ICE put An’s very life in danger. Due to An’s severe asthma, he is medically vulnerable to serious illness or death if he contracts COVID-19 and in Adelanto he was placed in highly unsafe conditions--conditions that ultimately resulted in the facility’s current COVID outbreak. @GavinNewsom act against the deportation machine and #PardonAn. 10. Like many other Southeast Asian refugees with criminal convictions, An Nguyen was originally transferred from the California prison system to ICE upon the completion of his prison sentence. By transferring immigrants like An to ICE, the California prison system continues to flout public health guidelines and endanger the lives of vulnerable immigrants during this unprecedented health crisis. @GavinNewsom act against the deportation machine and #PardonAn An Nguyen’s Biography #KEEPANHOME BACKGROUND: An Nguyen is a Vietnamese refugee who came to the United States as a child in 1990 to be reunited with his family, who migrated to the U.S. five years before him. As a youth, An's family struggled with poverty and adjusting to life in a new country. Facing poverty, racism and bullying as a youth, he ultimately made a mistake that resulted in a series of robberies. An served over 20 years in prison for 91 the robberies, and while there he chose to turn his life around. He participated in multiple self-help programs to better understand and take responsibility for the consequences of his actions, worked multiple jobs and enrolled in job skills training, and cared for his family emotionally by calling and writing to them. In October 2019, An completed his prison sentence. However, instead of being released to his family, An was transferred to ICE custody for deportation proceedings as soon as he was released. A month later, an immigration judge ordered An to be deported despite completing his prison sentence. Because ICE was unable to effectuate his deportation at this time, An was released shortly after. In March 2020, An's life was thrown into chaos once again when ICE detained him in the Adelanto Detention Facility. He, his family, and attorneys were able to fight for his release from detention through a habeas petition and because An's health conditions made him medically vulnerable to severe illness or death from COVID-19. Since his release, An, his community, and family have fought hard for him to be able to stay home. He served his prison sentence and worked on his rehabilitation only to be transferred immediately to ICE, re-detained, and then released again. Despite this fight, today, An could be subject to deportation to Viet Nam at any time. An has a community and large family of twenty-nine members--including his siblings, son, nieces and nephews, and elderly mother he cares for who--need him here at home. That is why we are fighting to #KeepAnHome and urging Governor Newsom to grant An a pardon and protect him from deportation to Viet Nam, a country he no longer knows and where he has no family ties. Graphics and Photos: Download & Share! 1. Petition graphic: https://drive.google.com/file/d/14N76n_J-pf3hKT-nLa2xxvnot-eSV2uQ/view?usp=sharing PETITION GOV. NEWSOM: PARDON VIETNAMESE REFUGEE AN NGUYEN An Nguyen immigrated from Viet Nam to the U.S. as a child in 1990, where he faced poverty, bullying, and an education system that tailed him, leading to a crime he served over 20 years for. Ou ring his time in prison, An worked hard to rehabilitateandtranslormhis life.Anisachangedmanand wantstodedicatetherestofhislifegivingliackto society.Afterhecompletedhis prisonsentence,AnwasdetainedbylCEin0ctober2019andagaininMarch2020. Sinc ehisrelease inHarch. AnhasbeentryingtorebuildhislifebutcanbedeportedatanytimetoVietNam.An'sonly path for relief from deportation and to stay united with his family is a pardo ~ om the Governor. An's nieces. nephews, sisters, son, and mother all live in the U.S. and want not~ g more tnlln to #Keepll.nHome 92 2. Call-in script: https://drive.google.com/file/d/1alNwFYrac1f33qKIByB4L5-LEFg7-JHx/view?usp=drivesdk ~IL (916) 445-2841 ~@WY CA GOVERNOR GAVIN NEWSOM No more deportations! Sample call Kript: "My name is ___ and I represent ___ (org or city where you live). I'm calling to urge Governor Newsom to pardon An Thanh Nguyen. An served over 20 years in prison for mistakes he made as a youth. While there, he worked hard to transform himself. As soon as he was released from prison, instead of being home with family, An was transferred to ICE detention. After finally being released in November and re-released in April from ICE detention, An has provided support to his family, found work, and stayed committed to hi s rehabilitation. An should not be punished again by being deported and he should not be separated from his family. I urge Governor Newsom to keep famil ies together, stop another inhumane deportation, and Pardon An. 93 Bring Blue-Sky Home Day of Action Toolkit Rickie Blue-Sky is a 75-year-old Native American transgender man of the Coeur d’Alene Tribe who has been incarcerated for over 37 years. As deadly COVID-19 outbreaks continue in California prisons, Blue-Sky is at dangerously high medical risk. Blue-Sky is a beloved community member and we need him home! Please join us in urging Governor Newsom to grant immediate release for Rickie Blue-Sky through a medical reprieve. Please note: While we as Blue-Sky’s friends and family appreciate the rage & love that so many of his supporters feel, we ask that you please affirm your support for his release while steering clear of critiquing the system. HOW TO SUBMIT PUBLIC COMMENT: ● ● ● ● ● ● Go to: bit.ly/ContactNewsom Select: “Have a comment” Insert: Your first name, last name, and email address Select subject: “Clemency — Commutation of Sentence” Select position: “Pro” Write your message: Sample script on next page Sample script: Dear Governor Newsom, My name is [Insert Name]. I urge you to immediately release Rickie Blue-Sky 94 (W20937) through a medical reprieve. Blue-Sky is a Native American transgender man who has been incarcerated for over 37 years. He is a beloved community member and mentor. [If you know Blue-Sky, describe how you know him. Either way, why is this important to you.] Currently, the COVID-19 pandemic is devastating Californians everywhere, including people in our state prison system. Blue-Sky is a 75-year-old man who is at high risk for death by COVID-19. Please use your power to immediately release Blue-Sky to his loving family and community. Sincerely, [Name] TWITTER Sample tweets below Graphics available for download here Please take action: Rickie Blue-Sky, a Native American trans man and elder who’s been incarcerated for 37+ years, is at great risk of #COVID19. Urge Gov @GavinNewsom to #FreeBlueSky - submit your public comment today: bit.ly/ReleaseBlueSky #ClemencyNow ACTION ALERT: Rickie Blue-Sky is a 75-yr-old Native American trans man, elder & mentor, who’s at great risk of #COVID19 due to his age and chronic health issues. As COVID-19 rages on in CA prisons, urge Gov @GavinNewsom to Bring Blue-Sky Home: bit.ly/ReleaseBlueSky #FreeBlueSky “Blue-Sky is everyone's mentor. He has shouldered much weight of our community. He has led the way and cleared paths leaving a legacy of integrity, love, peace, no judgments. Please send him home. -Kanoa, incarcerated at CCWF #FreeBlueSky “Blue-Sky helped save my life from addiction. He led me by love, consistency and honesty to recovery. He will do the same in his home community and save more lives.” -Mychal, incarcerated at CCWF #FreeBlueSky #ClemencyNow 95 INSTAGRAM Sample post below Slides available for download here Take action to Bring Blue-Sky Home: Rickie Blue-Sky, a Native American trans man and elder who’s been incarcerated for 37+ years, is at great risk of #COVID19 in California prison. Urge Governor @GavinNewsom to release Blue-Sky now to his loving family and community. Please submit your public comment today to #FreeBlueSky: bit.ly/ReleaseBlueSky FACEBOOK Sample post below Graphics available for download here Day of Action to Bring Blue-Sky Home: Rickie Blue-Sky, a Native American trans man and elder who’s been incarcerated for 37+ years, is at great risk of #COVID19 in California prison. Urge Governor @GavinNewsom to release Blue-Sky now to his loving family and community. Please submit your public comment today to #FreeBlueSky: bit.ly/ReleaseBlueSky GRAPHICS Artwork by @micahbazant Facebook & Instagram Size: ~·I, ~~t.J1 / 1'-tlE,5, IJ tJ( Stt #FreeBlueSky Download here Download here 96 Twitter Size: Download here Download here Artwork by @micahbazant 97 ACKNOWLEDGEMENTS This guide was produced by the Clemency Coalition of California. Thank you to our loved ones inside, to all the impacted families, and to the community-based organizations supporting clemency advocacy statewide. Thank you to our principal authors Melanie Kim, Yolanda Ledesma, Colby Lenz, Monica Ramsy, Kellie Walters, and much appreciation to Steven Green for introducing the guide. Thank you to Chanthon Bun for creating the cover artwork and to Nashwah Akhtar for designing the guide. Finally, a special thank you to our loved ones who shared their stories and to organizers inside and out who shared campaign materials in support of this guide.