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	<title>prison Archives - Dennis Beaver</title>
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	<description>You and the Law</description>
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	<title>prison Archives - Dennis Beaver</title>
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		<title>A Wake-Up Call and a Healthy Dose of Terror: How to Survive Your First Days in Prison</title>
		<link>https://dennisbeaver.com/a-wake-up-call-and-a-healthy-dose-of-terror-how-to-survive-your-first-days-in-prison/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 15 Feb 2026 21:54:16 +0000</pubDate>
				<category><![CDATA[communication]]></category>
		<category><![CDATA[conflict]]></category>
		<category><![CDATA[good manners]]></category>
		<category><![CDATA[human resources]]></category>
		<category><![CDATA[manners]]></category>
		<category><![CDATA[prison]]></category>
		<guid isPermaLink="false">https://dennisbeaver.com/?p=4612</guid>

					<description><![CDATA[<p>This young man needed to be scared straight after his mother expressed her fear that he was on a path to prison. Hearing these eight do&#8217;s and don&#8217;ts worked. February 10, 2026  • By Dennis Beaver Prison is a place like no other. It is its own world and has rules that apply there and [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/a-wake-up-call-and-a-healthy-dose-of-terror-how-to-survive-your-first-days-in-prison/">A Wake-Up Call and a Healthy Dose of Terror: How to Survive Your First Days in Prison</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><em><span style="color: #000000; font-size: 12pt;">This young man needed to be scared straight after his mother expressed her fear that he was on a path to prison. Hearing these eight do&#8217;s and don&#8217;ts worked.</span></em></p>
<p><span style="color: #000000; font-size: 12pt;">February 10, 2026  • By Dennis Beaver</span></p>
<p><span style="color: #000000; font-size: 12pt;"><a style="color: #000000;" href="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg"><img decoding="async" class="alignright wp-image-4082" src="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg" alt="" width="200" height="250" srcset="https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo-240x300.jpg 240w, https://dennisbeaver.com/wp-content/uploads/2023/08/Dennis-Beaver-Photo.jpg 300w" sizes="(max-width: 200px) 100vw, 200px" /></a></span><span style="font-size: 12pt; color: #000000;">Prison is a place like no other. It is its own world and has rules that apply there and nowhere else. Knowing this reality was what my young reader needed to understand three years ago.</span></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;Mr. Beaver,&#8221; wrote &#8220;Molly,&#8221; &#8220;my son &#8216;Ray&#8217; just turned 18. He has been in and out of juvenile detention for years, primarily because he can&#8217;t say no and hangs around with boys who are up to no good. But he has a very high IQ and has been reading your column for years.</span></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;Now that he is an adult, if he continues on the same path, he will wind up in prison. Could you talk with him about what the first days behind bars would be like and how to keep himself out of trouble? You might be able to wake him up. Thanks, &#8216;Molly.'&#8221;</span></p>
<p><span style="font-size: 12pt; color: #000000;">I set up a video call with this polite young man who said he &#8220;just wanted to make friends, so I went along with whatever it was.&#8221; He could not hide the &#8220;smart-aleck&#8221; side of his personality that I doubt Molly saw.</span></p>
<p><span style="font-size: 12pt; color: #000000;">If anyone needed to know what the first days in prison would be like, it was Ray. What follows is a summary of our conversation.</span></p>
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<strong><span style="font-size: 12pt; color: #000000;">Some healthy fear is beneficial</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;Ray, I&#8217;ve learned from our clients who did their time, and through letters I&#8217;ve gotten from inmates across the country, that when you are sentenced to prison, which only you can prevent, a dose of fear is healthy.</span></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;It is a place where very bad people are forced to live together,&#8221; I went on. &#8220;For the first-time inmate, who is referred to as a &#8216;fish,&#8217; danger stems from a lack of understanding the unwritten social rules that control prison life.&#8221;</span></p>
<p><span style="font-size: 12pt; color: #000000;">The eight unwritten social rules that Ray needed to know:</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">1. Leave your ego at home. Do not fall into the newbie trap.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Never think that you are different or better than anyone else. You are, at first, a &#8220;nobody with a number.&#8221; An attitude of superiority will make you a target. So, be as plain vanilla as possible — to other inmates and the staff.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">2. Keep your head up — literally.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Eye contact in the free world is considered polite, but in prison, looking at someone for too long is seen as a challenge, as in much of the animal world.</span></p>
<p><span style="font-size: 12pt; color: #000000;">So, while you should keep your gaze low, you don&#8217;t want to stare at the floor, which would give the impression that you&#8217;ll be an easy victim.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">3. Absolutely DO NOT accept gifts.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Accepting an offer of a package of ramen noodles or a hygiene item from another inmate is never simple generosity. Nothing is free in prison.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Consider it a transaction that creates a debt similar to a high-interest loan. In a few days, your &#8220;new friend who is so nice&#8221; will return to collect, and the repayment price will not be noodles. It might be your commissary privileges or physical self-respect.</span></p>
<p><span style="font-size: 12pt; color: #000000;">So, decline all gifts, but politely.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">4. Maintain a respectful distance from staff.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">One of the most ill-advised and life-threatening things you can do as a first-timer is to try to develop friendships with the correctional officers and staff.</span></p>
<p><span style="font-size: 12pt; color: #000000;">This could get you injured or even killed if other inmates see you being overly friendly with a CO. The message you are sending is that you are a snitch.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Likewise, being disrespectful to a CO is an invitation for a host of subtle, yet nasty, annoyances. So don&#8217;t be a jerk.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">5. Understand the many aspects of respect.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;Mike,&#8221; a longtime client who has been in and out of prison, described respect in the joint this way: &#8220;In the free world, I deserved no respect because of what I had become.</span></p>
<p><span style="font-size: 12pt; color: #000000;">Yet, in prison, the most despicable people demand respect. Respect is a matter of life-and-death, often meted out by people who never respected anyone on the outside.&#8221;</span></p>
<p><span style="font-size: 12pt; color: #000000;">He described how this single concept is so powerful:</span></p>
<p><span style="font-size: 12pt; color: #000000;">• It creates boundaries for personal space and conduct. Invading someone&#8217;s personal space, touching their possessions or sitting on their bunk is considered a sign of disrespect.</span></p>
<p><span style="font-size: 12pt; color: #000000;">• Having manners and showing consideration for others is obligatory. Say &#8220;please,&#8221; &#8220;excuse me,&#8221; &#8220;thank you&#8221; — these simple words can prevent a fellow inmate&#8217;s anger from erupting.</span></p>
<p><span style="font-size: 12pt; color: #000000;">• Newbies are often told to &#8220;be a man of your word.&#8221; If you lie or refuse to make good on your debts, the result is often violence.</span></p>
<p><span style="font-size: 12pt; color: #000000;">• Stay &#8220;solid,&#8221; which means &#8220;don&#8217;t snitch on others.&#8221; And &#8220;keep your head down&#8221; by not messing with other inmates&#8217; concerns.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">6. Keep family and friends close by writing to them often.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Having the emotional support of people on the outside should not be taken for granted. Those who love you want to know that you are OK, so write to them often. Ask them to write back, and this way, at least mentally, you can escape the prison walls.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">7. Read. Go to the library.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Mentally removing yourself from confinement will help prevent your own decline. Use the educational resources that are offered. Get your GED or even a college degree, as these things will enable you to establish a more normal life once you are released.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">8. Remember your objective — going home.</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">All of our clients have stressed the importance of visualizing walking out that main gate the day of your release.</span></p>
<p><span style="font-size: 12pt; color: #000000;">This will happen as long as you don&#8217;t create trouble for yourself while inside by causing fights, committing other crimes that add to your sentence or a host of other bad decisions that only hurt you.</span></p>
<p><strong><span style="font-size: 12pt; color: #000000;">Three years later …</span></strong></p>
<p><span style="font-size: 12pt; color: #000000;">Both Molly and Ray called our office three years later and asked for another Zoom session. I had almost forgotten them by then.</span></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;You scared me, Mr. Beaver,&#8221; Ray told me. &#8220;I could not forget how you described life in prison. I woke up, dumped my bad friends and am just about to graduate from college and will become a physical therapist.</span></p>
<p><span style="font-size: 12pt; color: #000000;">&#8220;I was really mad at you at first,&#8221; he went on, &#8220;but then I realized that you were trying to help me. All I can say is thanks.&#8221;</span></p>
<p><span style="font-size: 12pt; color: #000000;">Molly said nothing. Her tears spoke volumes.</span></p>
<p>&nbsp;</p>
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<p><span style="color: #000000; font-size: 12pt;">Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers, </span><br />
<span style="color: #000000; font-size: 12pt;">which may be faxed to (661) 323-7993, </span><br />
<span style="color: #000000; font-size: 12pt;">or e-mailed to<a style="color: #000000;" href="mailto:Lagombeaver1@Gmail.com"> Lagombeaver1 &#8211; at &#8211; Gmail.com</a>.</span></p>
<p>The post <a href="https://dennisbeaver.com/a-wake-up-call-and-a-healthy-dose-of-terror-how-to-survive-your-first-days-in-prison/">A Wake-Up Call and a Healthy Dose of Terror: How to Survive Your First Days in Prison</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>The do&#8217;s and don&#8217;ts of visiting an inmate</title>
		<link>https://dennisbeaver.com/the-dos-and-donts-of-visiting-an-inmate/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 07 Jun 2015 21:29:32 +0000</pubDate>
				<category><![CDATA[prison]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=1341</guid>

					<description><![CDATA[<p>June 6, 2015 • By Dennis Beaver “Visiting someone in prison is one of the most important things that family and friends can do and it is also one of the most challenging, testing all our skills in human relations,” observes Sacramento-based Prisoner Rights attorney Paul Comiskey. “These visits will help us grow as a person and, [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/the-dos-and-donts-of-visiting-an-inmate/">The do&#8217;s and don&#8217;ts of visiting an inmate</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />June 6, 2015 • By Dennis Beaver</p>
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<p class="p5"><span class="s1">“Visiting someone in prison is one of the most important things that family and friends can do and it is also one of the most challenging, testing all our skills in human relations,” observes Sacramento-based Prisoner Rights attorney Paul Comiskey.</span></p>
<p class="p5"><span class="s1">“These visits will help us grow as a person and, hopefully, the inmate we are visiting will also. One day, if later released back into the community, these contacts with people who care, will create a safety net.</span></p>
<p class="p5"><span class="s1">“But even for those who will never step into daylight beyond the walls, our very presence in these foreboding structures shows the people who run prisons that the person we are visiting has dignity and worth that must be appreciated.</span></p>
<p class="p5"><span class="s1">“But, Dennis, none of this will happen unless family and friends understand the very specific and strictly enforced rules about acceptable clothing and the importance of having the right attitude,” Comiskey underscores.</span></p>
<p class="p5"><span class="s1"><b>Reveal too much and the wrong colors keep you out</b></span></p>
<p class="p5"><span class="s1">“Denim materials and colors that look like those worn by correctional officers or inmates will not be allowed. If you wear that type of clothing you will be refused admittance and have to start over to get in. If the visitor center is open they may have some used items of clothing off a rack they keep for visitors to wear. The clothes may not fit well and their cleanliness is questionable. So, your day may be off to a bad start,” he warns.</span></p>
<p class="p5"><span class="s1">“The other issue for women is modesty, therefore select clothing appropriate for a job interview or church. With a skirt that’s too short or too low-cut a blouse, you will not be allowed to visit. An underwire bra may give you a perfect figure but it may end up in your purse because you cannot make it through the metal detector, and it’s off to the visitor’s center for a replacement.”</span></p>
<p class="p5"><span class="s1"><b>You are on a Mission &#8211; But Do Not Be Manipulated</b></span></p>
<p class="p5"><span class="s1">“Realize that you may be the most important person to help this inmate make the changes that will enable life in a free society. Most civil rights have been stripped away, but the right to have visitors is one which prisoners still retain.</span></p>
<p class="p5"><span class="s1">“Taking off clothes, going through machines, being sniffed by dogs are all part of entering a prison, so please be cooperative and, by all means, have a sense of humor!</span></p>
<p class="p5"><span class="s1">“Remember, you are on a mission,” cautions this former Jesuit priest. “Maintain your dignity and do not allow the prison environment to make you feel less of a person.”</span></p>
<p class="p5"><span class="s1">“The other side of dignity is to not be manipulated by the person you are visiting to bring in illegal items like drugs or cellphones. That is so stupid.</span></p>
<p class="p5"><span class="s1">“You are visiting someone who has shown to be not very good at committing crime and getting away with it. So, do not jeopardize your commitments and responsibilities by making the same bad choices as the person you are visiting.</span></p>
<p class="p5"><span class="s1">“Always bear in mind that you are a suspect from the time you pass through the prison door, surrounded by people with police powers. I have felt so sad to see women driven off in handcuffs by the local sheriff with their kids on the way to the Children’s Receiving Home,” Comiskey notes.</span></p>
<p class="p5"><span class="s1"><b>Attitude Another Important Part of Your Wardrobe</b></span></p>
<p class="p5"><span class="s1">“Another important part of your wardrobe is attitude. When difficulties arise upon entering a prison, it is important to remain calm, polite and stick to the issues. Try to learn what the problem is–what you might have done wrong — and if you can help to solve it.</span></p>
<p class="p5"><span class="s1">“Becoming angry, and yelling at prison staff shifts the entire interaction from dealing with a problem to a personal attack. No one wants to be yelled at! If you want to risk being sent away, then, by all means, yell, scream, use foul language and start calling people names.”</span></p>
<p class="p5"><span class="s1"><b>The People Who Work at the Prison are Not Your Enemy</b></span></p>
<p class="p5"><span class="s1">“Visiting times are highly stressful for the prison staff, as their main concern is the safety of everyone. Unexpected things occur which will cause delays, yet, oddly, some visitors think — and act — as if the staff is doing this on purpose. Having this mind set is not productive.</span></p>
<p class="p5"><span class="s1">“If there is a problem with a staff member, focus on what happened, and don’t be afraid to apologize. In the event that the two of you cannot resolve the matter, politely ask to speak with a supervisor.</span></p>
<p class="p5"><span class="s1">The former Jesuit priest offers this final advice for visitors which is valid no matter where we are:</span></p>
<p class="p5"><span class="s1">“People will respond to us the way we treat them. If we expect good, we will generally receive good.” </span></p>
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<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/the-dos-and-donts-of-visiting-an-inmate/">The do&#8217;s and don&#8217;ts of visiting an inmate</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>When a family member is headed to prison</title>
		<link>https://dennisbeaver.com/when-a-family-member-is-headed-to-prison/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Mon, 04 May 2015 05:03:01 +0000</pubDate>
				<category><![CDATA[prison]]></category>
		<category><![CDATA[inmate]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=1325</guid>

					<description><![CDATA[<p>May 2, 2015 • By Dennis Beaver “When a loved one is sentenced to prison, if ever there was a time when they need the support of their family, this is the moment. Their greatest fear beyond the risk of injury or death at the hands of another inmate, is feeling abandoned. Dennis, that’s the message I [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/when-a-family-member-is-headed-to-prison/">When a family member is headed to prison</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />May 2, 2015 • By Dennis Beaver</p>
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<p class="p5"><span class="s1">“When a loved one is sentenced to prison, if ever there was a time when they need the support of their family, this is the moment. Their greatest fear beyond the risk of injury or death at the hands of another inmate, is feeling abandoned. Dennis, that’s the message I have for your readers.”</span></p>
<p class="p5"><span class="s1">It isn’t often that you meet a lawyer truly dedicated to using his skills to help those who society has cast adrift. But in his career as a lawyer, 75-year-old Paul Comiskey has been one of the greatest friends any prisoner —and their family — could wish for.</span></p>
<p class="p5"><span class="s1">Comiskey’s path in life led, first, to becoming a Jesuit priest, and with an interest in law, attended UC Davis law school. Working in the Prison Law Clinical Program, handling cases under a lawyer’s supervision, this was more than a part-time job. He found his true calling, prisoner advocacy, trying to improve prison conditions, and opening his Northern California law office in 1976.</span></p>
<p class="p5"><span class="s1">Life takes us in directions we cannot predict. Meeting Cynthia, a Chinese-American, “The most beautiful, intelligent and competent woman I had ever met” led to a three-year friendship, love and marriage in 1992, he happily explained. Later she would manage his office.</span></p>
<p class="p5"><span class="s1">You and the Law asked Comiskey what families need to know about remaining in contact with a loved one who is sent to prison.</span></p>
<p class="p5"><span class="s1"><b>Letters, and phone calls are critically important to morale</b></span></p>
<p class="p5"><span class="s1">“When sentenced to prison, an inmate first goes to a ‘reception center,’ depending upon the state and institution, for less than a month up to 90 days. Visits — extremely rare at this stage — will be non-contact.</span></p>
<p class="p5"><span class="s1">“Therefore, letters and phone calls become critical to morale — both for the inmate and family,” he notes, adding:</span></p>
<p class="p5"><span class="s1">“A letter can be a brilliant ray of sunshine in an inmate’s cell. However, realize that in-coming and out-going correspondence will be read by prison staff for security reasons. An excellent idea — if permitted — is to include stamps so that the person who is in prison will have postage to write back.</span></p>
<p class="p5"><span class="s1">“Inmates are allowed to make phone calls periodically, but how often depends upon where they are housed. While the freedom to do so becomes greater over time, even with significantly reduced rates which went into effect recently, per minute charges can be very expensive and large monthly bills are still common. There are several telecommunication companies which specialize in prison calling plans, with potentially substantial per-call savings.</span></p>
<p class="p5"><span class="s1">“Both family and the inmate must understand that calling from a prison means that calls are going to be recorded and there are time limits. Also, the phone might be located on the exercise yard and there could easily be a line of people waiting.</span></p>
<p class="p5"><span class="s1">“So, my advice to those people inside prison is simple: Don’t hog the phone. Instead, develop the art of letter writing. Think of World War II when soldiers wrote home and eagerly awaited for mail from their loved ones.”</span></p>
<p class="p5"><span class="s1"><b>Visits — More complicated than most people realize</b></span></p>
<p class="p5"><span class="s1">Any lawyer who has met with a client in prison knows that this is a world where security — safety of staff, inmates, visitors and the public — is the most important concern, leaving one question on the minds of prison staff: Could the visitor be a risk?</span></p>
<p class="p5"><span class="s1">Comiskey explains the procedure that all visitors must go through:</span></p>
<p class="p5"><span class="s1">“In general, contact visits with an inmate will only occur at the prison where they will serve their time, after leaving the reception center, and requires going through an approval process. This starts when the prisoner sends a form to the people wanting to visit, requiring that they list all their arrests and criminal convictions.</span></p>
<p class="p5"><span class="s1">“If you have been arrested or convicted of anything, list it,” Comiskey stresses. “Yes, the prison will obtain a rap sheet, but a failure to reveal a conviction might be seen as giving false information and the visit denied. If you can’t recall the details of an arrest or conviction, try to provide an approximate date and place.</span></p>
<p class="p5"><span class="s1">“So, if you can’t remember all of your priors, then list as many as you recall, and write ‘These are all that I can remember now but there could be others.’</span></p>
<p class="p5"><span class="s1">“Visiting an inmate is a complicated procedure, and family and friends need to be informed of the many requirements. An excellent starting point is Visiting a Friend or Loved One in Prison, a free on-line publication of the California Department of Corrections,” Comiskey strongly suggests downloading and reading.</span></p>
<p class="p5"><span class="s1">There’s more to a prison visit than obtaining permission, and what you wear can mean the difference between getting in or refused. We’ll look at clothing in a future story.</span></p>
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<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/when-a-family-member-is-headed-to-prison/">When a family member is headed to prison</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>&#8216;Criminal record? Don&#8217;t apply for this job&#8217;</title>
		<link>https://dennisbeaver.com/criminal-record-dont-apply-for-this-job/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 08 Mar 2015 05:59:02 +0000</pubDate>
				<category><![CDATA[discrimination]]></category>
		<category><![CDATA[employment]]></category>
		<category><![CDATA[prison]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=1295</guid>

					<description><![CDATA[<p>March 7, 2015 • By Dennis Beaver Care to guess the population of Houston, Texas? Here’s a hint: The same number of people are in U.S. prisons, about 2.2 million, and that is a world record. That’s right, our country has more people in prison than any other, according to the United States Department of Justice. Of [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/criminal-record-dont-apply-for-this-job/">&#8216;Criminal record? Don&#8217;t apply for this job&#8217;</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />March 7, 2015 • By Dennis Beaver</p>
<p class="p4"><span class="s1">Care to guess the population of Houston, Texas? Here’s a hint: The same number of people are in U.S. prisons, about 2.2 million, and that is a world record.</span></p>
<p class="p4"><span class="s1">That’s right, our country has more people in prison than any other, according to the United States Department of Justice.</span></p>
<p class="p4"><span class="s1">Of that 2.2 million inmate population, about 150,000 are serving life sentences which means that the others will pay their debt to society by doing time and then released, stepping into the sunshine, finding a decent job, having learned their lesson, never to return.</span></p>
<p class="p4"><span class="s1">Of course I was told that by the Tooth Fairy who apparently never heard of the terms recidivism rate or repeat offender. While the figures do vary depending upon the types of crimes committed, within three years, from 60 percent to 80 percent of people sentenced to prison will re-offend.</span></p>
<p class="p4"><span class="s1">In many cases, because of something on a job application form, and, as we learned:</span></p>
<p class="p4"><span class="s1">“They may have been released, but so many are, practically speaking, still locked up, inside an invisible prison due to a small box on a job application asking if they had ever been convicted of a crime,” we were told by an assistant warden who holds a law degree and has over 20 years experience at well known West Coast prison. We will just call him “Warden Jack.”</span></p>
<p class="p4"><span class="s1"><b>“We failed to anticipate the consequences of this growth industry</b>”</span></p>
<p class="p4"><span class="s1">“As a nation, we failed to anticipate the consequences of a nation which keeps so many people behind bars. When prison building became a growth industry, little thought was given to ways of helping inmates truly re-enter society through employment.</span></p>
<p class="p4"><span class="s1">“Professionals in this field openly discuss the fact that the ‘lock’em up and throw away the key’ attitude is working well indeed as a round-trip ticket, back to prison.</span></p>
<p class="p4"><span class="s1">“A huge problem is that many employers will not hire anyone who has a criminal record, even when the offense has nothing to do with the job. This attitude is fanning the flames of recidivism.</span></p>
<p class="p4"><span class="s1">“If you want to know what drives wardens crazy, it’s seeing a guy who got an education in prison, has ability, grew up, and could become a productive member of society, but that job application form or a background check disqualifies him from employment. Add to that being a minority, and the deck is even more stacked against the inmate,” Warden Jack maintains.</span></p>
<p class="p4"><span class="s1"><b>Rejecting all applicants with criminal records can be</b> <b>discrimination</b></span></p>
<p class="p4"><span class="s1">“The saying, Hire the best — Reject the rest, is something that most employers live by. It is common sense — employers only want to best employees. However, today, following this motto could become an expensive legal nightmare, as employers find themselves running afoul of federal laws prohibiting discrimination,” Nashville, Tennessee-based employment attorney Jennifer Lankford makes clear to the lawyers who attend her National Business Institute seminars.</span></p>
<p class="p4"><span class="s1">“Dennis, you would be surprised at the number of employers who are engaging in employment discrimination without intending to or even aware that they are doing so,” she explains.</span></p>
<p class="p4"><span class="s1">“We call this disparate impact discrimination and it often results from what on the surface appears to be a reasonable, neutral policy — treating everyone the same — but which disproportionately screens out a legally protected group, such as racial minorities.”</span></p>
<p class="p4"><span class="s1">“It is well established that African Americans and Latinos are arrested and convicted disproportionately than their numerical representation in the population. When an employer has a blanket policy of not hiring anyone with a criminal conviction — even when the crime has no relation to the job — then more minorities than white applicants are being screened out. This is a classic example of disparate impact discrimination.”</span></p>
<p class="p4"><span class="s1">We asked Lankford if this means that an employer must hire any minority who shows up, regardless of having a nasty criminal past.</span></p>
<p class="p4"><span class="s1">“Employment attorneys hear that question often, and the answer is that you do not have to close your eyes to a person’s criminal past. But, you need to demonstrate that your policy of exclusion is job related and consistent with a business necessity.&#8221; Employers should consider:</span></p>
<ul class="ul1">
<li class="li2"><span class="s1">Requirements of the job</span></li>
<li class="li2"><span class="s1">What the person was convicted of</span></li>
<li class="li2"><span class="s1">The time that has passed since the conviction.</span></li>
</ul>
<p class="p4"><span class="s1">“These questions demonstrate whether the exclusionary policy is truly relevant to the underlying job position. As you might imagine, if the person has a history of theft offenses and is looking for a job as a cashier, the person is not suited for employment.</span></p>
<p class="p4"><span class="s1">“However, if the applicant had a minor drug offense, years ago, the exclusion is less justifiable,” Lankford concluded.</span></p>
<p class="p4"><span class="s1">For our employer-readers, we suggest a review of your hiring practices by an attorney who specializes in Employment Law. Running a business is no piece of cake.</span></p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/criminal-record-dont-apply-for-this-job/">&#8216;Criminal record? Don&#8217;t apply for this job&#8217;</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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		<title>Avenal State Prison earned two black eyes</title>
		<link>https://dennisbeaver.com/avenal-state-prison-earned-two-black-eyes/</link>
		
		<dc:creator><![CDATA[Dennis Beaver]]></dc:creator>
		<pubDate>Sun, 03 Aug 2014 16:35:17 +0000</pubDate>
				<category><![CDATA[animal control]]></category>
		<category><![CDATA[prison]]></category>
		<guid isPermaLink="false">http://dennisbeaver.com/?p=1178</guid>

					<description><![CDATA[<p>August 2, 2014   •  By Dennis Beaver You really have to give credit to the staff at Avenal State Prison, the Department of Corrections and California’s Government Claims Board. In terms of ducking from responsibility and having any sense of just doing the right thing, these guys get our JOY award. That stands for Jerks [&#8230;]</p>
<p>The post <a href="https://dennisbeaver.com/avenal-state-prison-earned-two-black-eyes/">Avenal State Prison earned two black eyes</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright wp-image-27" style="margin-left: 8px; border: 1px solid black;" src="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg" alt="DennisBeaver" width="193" height="300" srcset="https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver-193x300.jpg 193w, https://dennisbeaver.com/wp-content/uploads/2013/01/DennisBeaver.jpg 300w" sizes="(max-width: 193px) 100vw, 193px" />August 2, 2014   •  By Dennis Beaver</p>
<p class="p12">You really have to give credit to the staff at Avenal State Prison, the Department of Corrections and California’s Government Claims Board. In terms of ducking from responsibility and having any sense of just doing the right thing, these guys get our JOY award.</p>
<p class="p12">That stands for Jerks of the Year, and we will explain in a moment why, but first, this question:</p>
<p class="p12">Let’s say that you are out walking your dog when my dog gets out, then, unprovoked, bites you and your pooch. Who is responsible for required medical/vet bills? If you ask me to pay, isn’t the right thing to simply pay the bill or immediately turn the matter over to my Homeowner’s Insurance and let them handle it?</p>
<p class="p12">The answer to that question proved simply mind-boggling impossible for the top brass at the California’s Claims Board, the Department of Corrections and Avenal Prison — and if anyone should know right from wrong, the prison should!</p>
<p class="p12">Were it not for Hanford Sentinel reporter Joe Johnson’s desire to help 84-year-old subscriber John Thompson, in our legal opinion, this Hanford resident would have been ripped off, and he did nothing more sinister than walk his dog at about 10 in the morning on Jan. 2, 2013, when:</p>
<p class="p12">“With my little dog, Blondie, we had hardly gone ½ a block on West Claridge Way when an Avenal Prison K-9 in the care of a corrections officer, quickly came up to us and began aggressively sniffing my dog and lifting her off the ground. Trying to protect my dog, I bent over to pick her up and at that instant, the K-9 began to bite her, and then me.</p>
<p class="p12">“Fortunately, a neighbor–also a prison employee – saw what was happening, ran across the street, grabbed the K-9 and pulled it off of us. He then took it to its handler’s house, who we would later discover was out of the country on vacation.”</p>
<p class="p12">We learned that the dog should never have remained at the home when its handler was absent.</p>
<p class="p12">“Veterinary and medical bills came to $200, and that’s all that I ever wanted,” Thompson explained.</p>
<p class="p12">Animal control was contacted, and a report was generated leaving no doubt that the prison owned the dog and that it had in fact been on the loose earlier that morning.</p>
<p class="p12">Thompson’s attorney sent a well-written demand letter to the warden, but instead of accepting responsibility and paying the bills, there was no response. This situation now required filing a government claim —within 6 months of the incident–but for some odd reason, his attorney waited until May 22 — and then sent in a claim which was certain to be rejected even though it was obvious the prison was at fault. Here’s why:</p>
<p class="p12">California’s Government Claim’s Board makes it clear that damages for “pain and suffering” are not allowed. Yet, the attorney asked “$5,000&#8243; for pain and suffering, which triggered an automatic rejection.</p>
<p class="p12">As You and the Law would discover, if his attorney had simply asked to be reimbursed for out of pocket medical/vet bills — what his client wanted — the board would have paid!</p>
<p class="p12">Crime reporter Joe Johnson phoned our office. “Beav, I have a great story for you!”</p>
<p class="p12">Soon thereafter, we would realize just how morally bankrupt are the folks at these huge state agencies, and here’s why we say this:</p>
<p class="p12">Nothing prevented the prison from reimbursing those medical expenses at once. Receiving a flawed Government Claim did not prevent a friendly phone call to Thompson’s attorney, pointing out the error, and suggesting that he submit an amended claim.</p>
<p class="p12">They could have done it, realized his claim otherwise had merit, but knew very well that over $200 or so dollars, few would ever file a lawsuit, as it would cost far more with filing and service of process fees.</p>
<p class="p12">After our coaxing, cajoling and ridiculing, finally, the State of California has paid our 84-year-old reader, “472 days after the bite,” Thompson told us with a big smile.</p>
<p class="p12">There’s something else which makes these kinds of stories so compelling, and it is John himself, who we got to know.</p>
<p class="p12">He enlisted in the Army Air Force 1947, served in the Korean War as a flight engineer in combat missions surviving a spectacular runway crash. Leaving the service, he would spend the next 37 years – 17 of which were overseas – working for McDonnell-Douglas as an adviser to air forces around world, including Israel, Turkey, Taiwan, and Greece.</p>
<p class="p12">He is an American hero, deserved better and the power of the press got it for him.</p>
<hr />
<p>Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. <a href="https://dennisbeaver.com/contact/">Contact Dennis Beaver.</a></p>
<p>The post <a href="https://dennisbeaver.com/avenal-state-prison-earned-two-black-eyes/">Avenal State Prison earned two black eyes</a> appeared first on <a href="https://dennisbeaver.com">Dennis Beaver</a>.</p>
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