Technology transfer in the California Department of Corrections

A technology transfer project began in 1982 in the California Department of Corrections. They contracted with a research organization to assist them in the identification and evaluation of new technology in the areas of personal alarm systems, electronic perimeter security systems, and contraband control. In addition the contractor was to develop in the department the capacity to maintain an ongoing technology transfer process at the conclusion of the project. After two years positive results have been achieved in each of the three areas of technology. The department has also established a permanent Technology Transfer Committee and created a full-time position to provide staff services.     

California expands the duty to warn patients exposed to and infected with HIV. Reisner v. Regents of the University of California

There is still no general definitive guide for hospitals and other health care providers concerning the extent of their duty to warn third parties of a patient's HIV status. However, even in states like California that have statutorily eliminated any duty to directly inform third parties, the Reisner case clearly indicates that liability to third parties may arise indirectly based on a failure to warn HIV-exposed or -infected patients of their status and the risks of communicating the virus to others. Accordingly, health care providers should take several actions: 1. Ascertain, with the assistance of legal counsel, the precise dictates of applicable state statutes and case law regarding (a) a provider's obligation to warn HIV-exposed or -infected individuals of the potential of communicating the virus to others; (b) additional statutory requirements such as notification of public health authorities; and (c) whether notice to third parties at risk of exposure from the patient is required or even permitted. 2. Develop and implement written policies regarding notification and counseling of exposed or infected patients, including counseling patients on the risks of communicating the virus to third parties; and 3. Develop and implement written policies regarding permissive or mandatory notification and counseling of exposed or infected third parties. In this context, providers should be aware that patient confidentiality and privacy laws may prohibit disclosure of the identity of exposed or infected patients to third parties.     

Conservatorship of Wendland: in the Supreme Court of California

HELD: A conservator of the person may not withhold tube feeding from a conscious conservatee who is not terminally ill, comatose, or in a persistent vegetative state, absent clear and convincing evidence that the conservator's decision is in accordance with either the conservatee's own wishes or his best interest.     

Offending Patterns Among Southeast Asians in the State of California

Abstract

Using California's Monthly Arrest and Citation Register (MACR) data collected by the California Department of Justice for the years 1991-1996, this study examined odds of arrest for various violent and lucrative type offenses, across seven different Asian ethnic groups. To avoid selection bias, African Americans, Hispanics and Native Americans were also included in the analysis. Logistic regression models were fitted to the MACR data. Consistent with theoretical hypotheses, the authors found that Southeast Asian immigrants were more likely to engage in criminal activity than their white counterparts and more established Asian groups. Logistic regression results revealed that Southeast Asians, in particular Vietnamese, were over-represented in every arrest category, while non-refugee Asian groups were considerably underrepresented in arrests. Cambodians, Laotians, and Vietnamese were at significantly higher odds of arrest for crimes that tended to produce financial gain, such as theft, car theft, and petty theft. The authors suggest that their findings on Southeast Asians may in part reflect the unique nature of the immigration of members of this group to the U.S., and the multiple disadvantages that they continue to experience, for example, low human capital, lack of English proficiency, and ethnic prejudice and discrimination. Results suggest the need for more programs aimed at assisting Southeast Asians refugee immigrants with their transition into American society.     

CONFIDENTIALITY REVISITED:California Style

Stewart and I have lived through the legal adversary system and we know what havoc it could have wrought on our family…. We were nuts. We were crazy. We were your average psychotic divorcing parents…. What you do not see is we get well. We bailed out of the adversary court system because we could see it was no help to us. We were the lucky ones…. There are thousands like us who could use your help before the war gets started.
—Parent at the 1978 Midwinter Association of Family and Conciliation Courts Conference, Los Angeles.     

Brown,Governor of California v Plata

This case note examines the controversial decision of the US Supreme Court which, by a majority of 5:4 held that California should reduce its prison population as overcrowding levels gave rise to cruel and unusual punishment. The implications of the case for the interpretation of when prisoners' rights under the Eighth Amendment are breached, the separation of powers are discussed; the possible impact on prison rates in the USA is also examined.