Legal Question in Appeals and Writs in California
3173.1 Visiting Restrictions with Children
In 2002 my husband was convicted and sentenced for the following:
p.c.182 conspiracy to committ kidnap for ransom, p.c209b1conspiracy to committ kidnap for ransom, p.c209a kidnap for ransom, p.c211robbery , p.c459burgalry
My children to visit their father in a Maximum Security Facility regularly over the past 4 years on weekends. February 1st 2007 he was moved to a Minimum Security prison. The new committee reviewed his file and decided he is a danger to minor children and is not allowed contact visit due to a new law. My question is; why is this happening? What can be done? I called and talked to one of the committee members who tell me nothing can be done. And my children will NEVER have physical contact visits with their father unless he is released from custody. The committee member, who is also a counselor, states I cannot file an appeal. He stated the inmate has to do that. I want to write an advocate letter and send proof of the many photos� he has with his children over the years. I want the committee to see the Department of Corrections & Rehabilitation has a duty to help rehabilitate their inmates. My husband and children are beside their selves and so am I. Please advise.
1 Answer from Attorneys
Re: 3173.1 Visiting Restrictions with Children
As it says in 3173.1(g), your husband should file a Form 602 without delay to preserve his rights. If this is denied, please have him contact me directly as he may have a federal case under 42 USC Section 1983 for violation of civil rights.
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