Pablo Piña D-28079
D-2 122 SHU
P.O. Box 7500
Crescent City, CA 95531

Nov. 29, 2013
Friday PM

Re: Legal Research (Restitution)

I've been reading a lot of cases that I ordered from the law library on the history and amendments regarding restitution orders. In 1982-83, the California legislature passed a bill of rights bill on behalf of victims of crime and began ordering people convicted of crimes to pay a restitution fee. It was usually $100 to $200 at first. But then they amended it to where they can order $200 up to $10,000.

In 1992, the law was governed at first by the government code Section 13967. In that law was a provision that read in part, "...Before the court orders restitution, the court must review the defendant's ability to pay the fine." And then decide if it should order $200 or more. Of course, a lot of prisoners were sentenced to prison with life sentences and/or very long sentences. It still wasn't too bad in the early 1900s.

It wasn't until 1994, when they once again amended this to eliminate some of the wording, "ability to pay", the "must hold a hearing."

Well, they began giving restitution orders that are in the thousands. I have not met anyone who does not owe $10,000 or more. Some owe $20,000...

The new amendments are illegal and contrary to the double jeopardy laws. They are sentencing many to a life sentence for his crimes. Then on top of that, they are making him pay $20,000 for the same crime, knowing it is impossible for a prisoner to pay that off. We are in the SHU. We cannot work. Most of us don't do too good. Wouldn't have anyone to send us money. And what little we do get is confiscated by the state to pay off the restitution.

I have a hundred percent deduction on my incoming funds, so they take all I receive expect $10. But in here, $10 is nothing. A jar of coffee is $8.25.

Then I read a rumor about the restitution laws that it doesn't apply to some cases. So I began to research it and, sure enough, they've been cheating many prisoners, lying to others, charging people they had no right to charge. This restitution law is being used to punish prisoners twice, especially us in the SHU.

There are a couple of prisoners who I believe I can help get their money back and I plan to start drafting their petitions.