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Comment on California Proposed Lethal Injection Regulations

As you know, California is already slashing vital services, state crime labs are closing and local law enforcement is unable to pay for testing of rape kits. We could save a billion dollars over the next five years by stopping executions.

Instead the governor is doing the opposite. The governor is wasting our money trying to re-start executions even though a bipartisan state commission found serious flaws in the death penalty, including a high error rate in death penalty trials; racial and economic bias; persistent threat of convicting and executing the innocent caused by faulty eyewitness identification; and ineffective assistance of counsel and false testimony.

Executions have been on hold because of flawed procedures. But in May, the California Department of Corrections and Rehabilitation (CDCR) proposed new regulations on lethal injection, the first step to resuming executions.

Take action now to oppose the new proposed death penalty process and save California $1 billion over five years. 

The CDCR violated the law by failing to involve the public and interested parties in the process. The proposed procedure would violate the right to due process, the right to religious liberty, the right to counsel and the First Amendment. The CDCR is also hiding the heavy financial burden the procedures would impose on our already strained budget.

The California Department of Corrections and Rehabilitation is required by law to read and consider all relevant comments on the new proposed regulations. What you say now can truly make a difference. Please take a few minutes to send a personal message to the CDCR opposing these regulations. Public comment is due by Tuesday, June 30th.

Take action today!

Note: Please try to personalize your comments as much as possible for added impact.

Sample Letter for Campaign

Subject: Comment on Proposed Lethal Injection Regulations, Number 09-09

Dear [ Decision Maker ] ,

The CDCR's proposed regulations would cloak too many critical aspects of the execution process in secrecy. There is no reasonable justification for this. I have a right to all the facts if the state is killing people in my name.

I am specifically concerned about transparency in regard to the following issues:

1. The regulations would interfere with inmates' ability to meet with their religious advisors and lawyers when needed. The regulations would also force clergy to violate their duty of confidentiality. The rights to consult an attorney and a religious advisor are fundamental and should not be jeopardized.

2. The regulations would limit the access of the media to critical aspects of the procedure, such as the mixing of the drugs and the removal of the body following the execution. If the state is to kill in our name, we have the right to know all details about how it is done.

3. We also have a right to know how much the state's killing system costs. Executions mean extra hours and expenses for guards, wardens, support staff, correctional department media spokespersons, and many other state employees for several weeks leading up to the execution. The law requires the CDCR to disclose how much money all this will cost, but the CDCR has failed to make this information public.

4. The regulations provide for record keeping but do not allow the attorney for the defendant, or the media or the public, to view the records after the execution. Again, we have a right to know what is being done in our name and how it is being done.

In addition to my concerns about the regulations, I am also troubled that the CDCR has failed to follow the law in the public comment process. As a result, many interested members of the public have been denied a sufficient opportunity to meaningfully comment on the regulations.

Because of the above, I request that you extend the comment period for an additional 45 days, that you provide notice to all affected individuals, that you make the entire rule-making file available on the Web, and that the CDCR fully disclose the information it is required by law to disclose.

Sincerely,

Campaign Launched:
June 24, 2009



Background Information

California has lived without executions for more than three years. In May, the California Department of Corrections and Rehabilitation (CDCR) released new regulations on lethal injection, the first step to resuming executions. Members of the public may comment on the proposed regulations until June 30.  

Please take five minutes to send a message to Timothy Lockwood, the CDCR's Chief of Regulation and Policy Management Branch, prior to June 30.

Here are just some of our concerns that we hope you'll consider raising in your comments:

  • The law requires the CDCR to tell the public how much these executions will cost, but the CDCR has refused. At this time of fiscal crisis, the public has a right to know how many millions of dollars these executions will cost.
  • The First Amendment protects the right of the media to witness the execution and to access information about the process, in order to keep the public informed. The proposed regulations limit the media's access to information, and therefore the public's right to know.
  • The Constitution and human rights laws protect the religious rights and freedoms of the condemned. The proposed regulations unduly interfere with these rights and freedoms.

The California Department of Corrections and Rehabilitation is required by law to read and consider all relevant comments, so what you say can truly make a difference.  

This is the web site of the American Civil Liberties Union of Southern California and the ACLU Foundation of Southern California.
Learn more about the distinction between these two components of the ACLU. Copyright 2007 The ACLU of Southern California.

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