The Challenges of Treating Cancer While in Jail

>> >>AMITA: ROBIN REED, A MOTHER OF FOUR CHILDREN, SPENDS FOUR DAYS EVERY WEEK RECEIVING CHEMOTHERAPY FOR TERMINAL CANCER. SHE SPENDS THE OTHER THREE DAYS SERVING A FOURYEAR SENTENCE AT A SAN DIEGO COUNTY JAIL. REPORTER KELLY DAVIS IS HERE TO TELL US WHY THE STATE'S COMPASSIONATE RELEASE LAW IS NOT APPLYING TO ROBIN. KELLY, WHAT CRIME DID ROBIN COMMIT THAT LANDED HER A FOURYEAR SENTENCE? >> >>KELLY DAVIS: SHE RAN A HIGHEND MASSAGE BUSINESS WHERE MALE CLIENTS WERE GIVE AN FULL SERVICE MASSAGE WHICH INCLUDED THE COLLOQUIAL A HAPPY ENDING. SHE HAD FOUR HOUSES SHE RAN THE BUSINESS OUT OF WITH 18 PEOPLE WORKING FOR HER. THERE WAS A KIND OF STING UNDER COVER INVESTIGATION BY THE CARLSBAD POLICE AND SAN DIEGO POLICY AND SHE WAS ULTIMATELY SENTENCED ON PIMPING AND PANDERING CHARGES. >> >>AMITA: WHEN SHE WAS SENTENCED, SHE HAD ALREADY BEEN DIAGNOSED WITH BREAST CANCER WHICH HAD SPREAD TO THE REST OF HER BODY. HOW DID SHE END UP IN A COUNTY JAIL INSTEAD OF A STATE PRISON? >> >>KELLY DAVIS: NORMALLY COUNTY JAILS ARE DESIGNED TO HOLD FOLKS FOR A SHORT PERIOD OF TIME. I THINK THE AVERAGE STAY IS ABOUT 75 DAYS, I THINK, USUALLY NO LONGER THAN A YEAR. BUT PRISON REALIGNMENT LEGISLATION THAT PAST IN 2011 SHIFTS THE RESPONSIBILITY FOR INMATES WHO WOULD HAVE NORMALLY GONE TO PRISON TO THE COUNTY LEVEL. SO LOW RISK, LOW LEVEL OFFENDERS LIKE ROBIN ARE NOW SERVING OUT THEIR SENTENCES IN COUNTY JAIL INSTEAD OF STATE PRISON. >> >>AMITA: BUT NOW, ROBIN REED WAS ALSO ABLE TO WORK OUT SOME SORT OF PART TIME DEAL WITH THE COUNTY WHERE SHE SERVED PART OF THE SENTENCE IN JAIL DURING THE WEEK. WHY? >> >>KELLY DAVIS: BECAUSE SHE'S SO ILL AND SHE'S REQUIRING VERY AGGRESSIVE CHEMOTHERAPY TREATMENTS T. THE D. A. AGREED TO LET HER OUT FOUR DAY AS WEEK, THURSDAY THROUGH SUNDAY, DURING WHICH TIME SHE GETS HER TREATMENT, SHE HAS A CHANCE TO RECOVER, EAT SOME HEALTHY FOOD. BUT THEN SHE HAS TO BE BACK IN JAIL MONDAY MORNING AND IT'S A UNIQUE DEAL THAT AS FAR AS I KNOW, SHE'S THE ONLY ONE IN SAN DIEGO COUNTY AT LEAST WITH THAT SORT OF ARRANGEMENT. >> >>AMITA: THIS PUTS HER ON THE HOOK FOR THE COST OF HER OWN MEDICAL CARE. THIS ALSO MATTERS BECAUSE HAD SHE BEEN IN STATE PRISON, THE STATE HAS A COMPASSIONATE RELEASE PROGRAM. AND IT WOULD HAVE CHANGED HOW SHE SPENDS THE FINAL DAYS; CORRECT? >> >>KELLY DAVIS: YES, YEAH. PART OF THE DEAL THAT LETS HER OUT THREE DAY AS WEEK STIPULATES THAT SHE HAS TO COVER HER OWN COSTS. SHE HAS INSURANCE. IF SHE WAS IN COUNTY JAIL FULL TIME, THE COUNTY WOULD BE PAYING FOR HER CHEMOTHERAPY, AND WHATEVER OTHER MEDICAL TREATMENTS. IN STATE PRISON, THERE IS A SYSTEM IN PLACE WHERE A TERMINALLY ILL OR MEDICALLY INCAPACITATED INMATE CAN REQUEST FROM THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO BE RELEASED AND THEN THEY GET JUDGE'S APPROVAL. THERE'S CURRENTLY NO SUCH SYSTEM IN PLACE FOR COUNTY JAIL INMATES. THERE SHOULD BE, AND THERE WAS LEGISLATION THAT WAS PASSED AND WAS SUPPOSED TO TAKE Y EFFECT THIS YEAR, BUT IT'S BEEN HELD UP. THERE'S BEEN SOME BUREAUCRATIC HURTLES TO CLEAR FIRST, TO MAKE SURE THAT ANYONE RELEASED FROM COUNTY JAIL WHO'S ILL WILL BE COVERED BY INSURANCE ONCE THEY GET OUT. SO EVEN THOUGH ROBIN ALREADY HAS HER INSURANCE YOU CAN'T PICK AND CHOOSE WHO THE LAW APPLIES TO, SO SHE'S GOT TO WAIT UNTIL THAT LEGISLATION GETS ENACTED. >> >>AMITA: YOU REACHED OUT TO SAN DIEGO DISTRICT ATTORNEY BONNIE DUMANIS ABOUT WHAT IS GAINED THROUGH ROBIN REED'S CONTINUED INCARCERATION. WHAT DID THE OFFICE SAY? >> >>KELLY DAVIS: I HAD THE EXACT SAME QUESTION. ROBIN IS SO LOW RISK THAT WHEN SHE'S RELEASED FROM JAIL DOORS, SHE WALKS TO HER CARS UNGUARDED, GOES THROUGH THOSE FOUR DAYS UNGUARDED, MAYBE MAKE AS PHONE CALL TO HER PROBATION OFFICER. ALL I CAN GET FROM THE D. A. IS THEY'RE TRYING TO BALANCE HER HEALTH NEEDS WITH PUNISHMENT AND THEY FEEL THAT THEY'VE BEEN GOOD AT WORKING WITH HER ON THAT. AND THAT'S ALL I WAS ABLE TO GET. >> >>AMITA: THE WAY THINGS STAND NOW, WHAT'S THE SOONEST SHE CAN BE RELEASED? >> >>KELLY DAVIS: WITH TIME SERVED BECAUSE SHE SERVED ALMOST SIX MONTHS WHEN SHE WAS FIRST ARRESTED, PLUS GOOD TIME CREDITS, THE EARLIEST IS DECEMBER, 2014. I SPOKE TO HER DOCTOR, SHE'S NOT GOING TO LAST THAT LONG. SO IT'S TOUGH. >> >>AMITA: KELLY DAVIS, THANKS FOR COMING ON THE PROGRAM TODAY.