Is this reprisal?
On August 10th, 2017 at approximately 11:30am I was at a 602 hearing in the facility C program office. The hearing officers name was correctional councellor 2 Mr. Bean and my issue being heard was A1A unasigned not being allowed weekend yard while assigned inmates too often receive wages for work and privileges such as weekend yard, saturday canteen and holiday yard. CC2, Mr. Bean asked me if I had anything to add to my complaint before even addressing my complaint which he never did. Upon me asking him what part of my complaint did he want to talk about, his response was to show me a new memo signed by the Captain of C yard Mrs. Gonzalez re-establishing the ban on yard for A1A unassigned inmates with the exception of "inmates who are assigned to the substance abuse disorder treatment and reentry classes (SAP, Anger Management, Criminal thinking, family relations, LTOPP) are considered assigned and will have A1A assigned privileges to include yard." (Capt. Gonzales, 2017, memorandum).
I argued that prisoners who haven't been given an assignment with or without pay shouldn't be punished by being given less privileges than those in their same custody group i.e. A1A, asking that the Rules and REgulations be followed as described in the Title 15 sections: 3344.(5) on page 43 which states: "No inmate or group of inmates shall be granted privileges not equally available to other inmates of the same custody classificaiton and assignment who would otherwise be eligible for the same pricilges." Also 3220(1) and (B) which states: interested inmates shall be provided an equal opportunity to participate in constructive recreational and physical education programs under safe and secure conditions, conssitent with the inmate's custodial classification, work/training assignment, privilege group and security requirements."
(B) "The recreation program may operate seven days a week with specific program, gymnasium and/or yard schedules established by the institution head. Notices of tournaments and special events shall be posted in locations to all inmates." Explaining to CC2 Mr. Bean that the term shall is a legal term defined in Section 3000.5(C) stating "shall" is mandatory, "should" is advisory, and "may" is permissive. In refering to 3344.(5), CC2 Mr. Bean then told me due to the fact of his work location he was going to side with the policies and program established at CCI no matter what the state of California, California Code of Regulations, Title 15. Crime prevention and corrections, Division 3, Rules and Regulations of Adult Institutions, Programs and Parole Department of Corrections and Rehabilitation has to say.
As if this wasn't enough our whole yard is on lock down for alegedly an inmate dropping a kite, say someone was going to kill a building CO from my housing unit. As fate would have it the COs searching my cell that evening while doing a building search not only tore up the cell but also confiscated my "33 strategies of war" and "the Art of Education" along with my cellies new lotion, watch, medical glasses, magic cards, ear buds, new body wash, boxes that held new toothpaste which they squeeze some out, our family photos on the wall, and our football and meal schedule. After all of that the Sargent and Lieutenant circulated a rumor through one of our housing porters that the kite came from me. Buying this insane narrative this morning Sgt (Aug 11, 2017) came pulled me and my comrade out of our cell while still on lockdown and did a handwriting analysis on our writing style which they found in our cell, which vindicated us both of what they accused us of doing. Which brings us back to my original question. Is this reprisal?
