Prisoners Report on Conditions in

California Prisons

Got legal skills? Help out with writing letters to appeal censorship of MIM Distributors by prison staff. help out

www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.

We hope this information will inspire people to take action and join the fight against the criminal injustice system. While we may not be able to immediately impact this particular instance of abuse, we can work to fundamentally change the system that permits and perpetuates it. The criminal injustice system is intimately tied up with imperialism, and serves as a tool of social control on the homeland, particularly targeting oppressed nations.

[Campaigns] [California]
expand

MIM(Prisons) Support for Hunger Strike was Critical

I must commend you on your continued effort to keep the masses informed. I did receive the latest Under Lock & Key after all the demonstrations reached their pinnacle. People are now in the recovery stage, preparing their total being to reach a strengthening height. I also received the chronology of events leading up to the suspension of the protest. Mail was, and continues not to be a priority as far as delivery is concerned, so it's basically, we get it when we get it. So much was in flux, so, patterns have not set in. I just moved back to this address, we were scattered all over the place.

There are many occurrences that occupied ones time, so I am in the process of hopefully catching up in extending my profoundest respect and gratitude to all the support we received in this massive and historical action. MIM(Prisons) definitely played a critical role in helping propagating and educating the masses which helped us breach through the enormous machinery of our adversarial relations. This large scale struggle would not have been possible without the giant sacrifices of people from civil society. Even as we pursue justice in recognition of our plight, we must remain cognizant to the larger picture of oppressed people. This struggle is basically an aspect of the struggle in civil society against a surveillance state and the erosion of civil liberties.


MIM(Prisons) adds:We have received feedback from a number of comrades since the latest phase of the struggle went on hold saying they are putting the updates we sent to good use for further organizing and building. We are currently working to continue those efforts to reflect and build on what has been achieved.

The movement to end torture in California prisons has certainly reached impressive levels. About time, we might add, after many comrades have faced the torture of the Security Housing Units for decades. And many different types of people and organizations have been pushing this common cause in the ways that they can. Our focus is on facilitating prisoner organizing, and this is a strategic decision in this movement because we see prisoners as the motive force behind it. With all the hard work and important contributions from various sectors, prisoners must continue to come together and stand solidly for this cause for it to succeed. We act in united front with all who oppose torture and demand an end to long-term isolation across the imperialist United $nakes of Amerika.

chain
[Hunger Strike] [Work Strike] [Calipatria State Prison] [California]
expand

Second Support Strike in Calipatria

We had another support strike here on Calipatria's A-Yard from Aug 26 to the 28th. The July 8th support strike went on for 7 days and involved all races. There was also broad refusal to go to work or school. This time around, however, only Mexicans refused food and people still went to work. On top of all that, the food strike was called off right after a race riot broke out on the yard between us (Mexicans), and the whites. We skipped 9 meals but I'm not even sure that the pigs reported this as a hunger strike.

The pigs have clever ways of manipulating our numbers here. During normal program we get a sack lunch as we exit the chow hall after breakfast and I believe they lump this together as one meal because during the July strike they didn't come around to acknowledge that we had skipped 9 meals and ask if we were participating in a hunger strike until after we skipped breakfast on the fifth day. By then about half of the strikers had started eating and going to work. They also followed their question of whether we were on hunger strike by asking if we would allow them to take the food we had in our cells. Many answered "no," others answered "yes." The following day the pigs came around and only bothered with the cells that answered "yes," going right by the cells that answered "no." CDCR claims that confiscating food is done in order to monitor our food intake. They can say that they couldn't start monitoring our food intake until they confiscated the food. If they start counting how many meals you skipped after they took the food then you're not even counted as a hunger striker because we only lasted a day and a half after that.

When they asked if they could remove food items they only accepted yes or no answers. I told the pig over and over that there was no food for them to take but that wasn't even a question. If you answered no then they could say that you acknowledged having food in your cell but wouldn't allow them to take it. They pretty much don't have to count anybody by using these tactics.

We need to go on an indefinite work strike that should last as long as they insist on having indefinite SHU terms, but there's not enough people with jobs in level 4 yards making it easy for CDCR to target those few inmates who refuse to work and replacing them with people from lower levels or PC yards.


MIM(Prisons) responds: This discussion of the latest action in Calipatria underscores the importance of our work to build unity and a United Front before engaging in serious actions. We commend everyone who stands up against the system and puts their lives and health at risk, but without unity we end up with small numbers of protesters and struggle to present a united position to the prison system. As we discussed at length in our article summing up the strike suspension, we don't anticipate the state will meet the strikers demands, but the struggle against torture continues.

chain
[Campaigns] [Control Units] [Hunger Strike] [Pelican Bay State Prison] [California] [ULK Issue 34]
expand

CA Strike Suspended: CDCR Will Not Meet 5 Core Demands

Red book prisoners

6 September 2013 — Yesterday, the Pelican Bay Short Corridor Collective released a statement announcing they had ceased their hunger strike to end torture in California prisons after two months. This came about two weeks after San Quentin prisoners had ceased their strike, announcing they'd entered into negotiations with the warden about conditions in the Administrative Segregation Unit (Ad-Seg). We do not yet have information on strikers at the Corcoran SHU, or anywhere else prisoners may still be striking. The California Department of Corrections and Rehabilitation (CDCR) reported that before the Short Corridor Collective stopped, 100 people were still on strike, 40 of whom had gone for two months straight.(1)

According to the Collective's statement, they have suspended their strike in response to a pledge by state legislators Tom Ammiano, Loni Hancock and Tom Hayden to hold a legislative hearing into conditions in the Security Housing Units (SHU) and the debriefing process. MIM(Prisons) is not optimistic of the outcome of such hearings. Ammiano held a hearing in August 2011 in response to the first of three mass hunger strikes around this struggle, and nothing changed, leading to the second hunger strike that October. Back in 2003, our comrades as part of the United Front to Abolish the SHU attended a legislative hearing on the conditions in the California SHU and the validation process. They published an article entitled, "CA senate hearings on the SHU: we can't reform torture." Ten years later, little has changed. These hearings keep happening, but they are little more than pacifying talks by those in power. The facts have been out there, the state has known what is going on in these torture cells. So what is the difference now? And how can we actually change things?

CDCR Done Addressing Problems

Before we look at how we can change things, let's further dispel any illusions that the CDCR or the state of California is going to be the source of this change. In the latest iteration of the strike, an additional 40 demands were drafted around smaller issues and widely circulated to supplement the 5 core demands. On 26 August 2013, the CDCR released a point-by-point response to the demands of those who have been on hunger strike since July 8. The announcement by the CDCR cites a 5 June 2013 memo that allegedly addresses many of these supplemental demands. Others are listed as being non-issues or non-negotiable.

As to the core demands, the CDCR once again disingenuously stated that they do not utilize "solitary confinement." Whatever they want to call it, holding people in tiny rooms for long periods of time (many have spent decades) without humyn contact, without being able to go outside, without any programs to engage in, is torture. They then put forth their new Security Threat Group (STG) program and Step Down program as answers to the central demands around long-term isolation and the debriefing process. We previously published an analysis of these programs exposing them as only offering more flexibility for the state to repress prisoners. In its short life, we have already begun to receive reports of prisoners being returned to SHU after participating in the Step Down program, confirming predictions that it would be the equivalent of a revolving door.

This CDCR announcement implies that we should not have hopes for negotiations or actions towards real change from CDCR. The Criminal Injustice System will not reform itself; we must force this change.

The Struggle Against Torture Continues

At first glance, the fact that this struggle has been waging for decades with little headway (especially in California) can be discouraging. However, our assessment of conditions in the imperialist countries teaches us that right now struggle against oppression must take the form of long legal battles, despite claims by the censors that we promote lawlessness. Sporadic rebellions with lots of energy, but little planning or longevity, do not usually create change and the conditions for armed struggle do not exist in the United $tates. We are therefore in strategic unity with the leaders who have emerged to sue the state, while unleashing wave after wave of peaceful demonstrations of ever increasing intensity. All of us involved have focused on agitation to shape public opinion and promote peace and unity among prisoners, and then using those successes to apply pressure to the representatives of the state. These are all examples of legal forms of struggle that can be applied within a revolutionary framework. Lawyers and reformists who can apply constant pressure in state-run forums play a helpful role. But make no mistake, prisoners play the decisive role, as the strikes are demonstrating.

Control units came to be and rose to prominence in the same period that incarceration boomed in this country. As a result, in the last few decades the imprisoned lumpen have been a rising force in the United $tates. Within the class we call the First World lumpen, it is in prisons where we see the most stark evidence of this emerging and growing class, as well as the most brutal responses from Amerikans and the state to oppose that class.

In California prisons in the last three years we've seen that with each successive hunger strike, participation has more than doubled. Just think what the next phase will look like when the CDCR fails to end torture once again! And as a product of this rising force in prisons, support on the outside has rallied bigger each time as well. As we said, this outside support is important, but secondary to the rising imprisoned lumpen.

Over 30,000 prisoners, one-fifth of the population in California, participated in this latest demonstration against torture. Many who didn't strike the whole time wrote to us that they, and those with them, were on stand-by to start up again. These grouplets standing by should be the basis for developing cadre. The 30,000 plus prisoners should be the mass base, and should expand with further struggle and education.

If you're reading this and still wondering, "what is it that MIM(Prisons) thinks we should do exactly?" — it's the same things we've been promoting for years. Focus on educating and organizing, while taking on winnable battles against the injustice system. Fighting to shut down the control units is important, but it is only one battle in a much larger struggle that requires a strong and organized anti-imperialist movement. We run our own study programs and support prisoner-run study groups on the inside. We provide Under Lock & Key as a forum for agitating and organizing among the imprisoned lumpen country-wide. We have study materials on building cadre organizations, concepts of line, strategy and tactics and the basics of historical and dialectical materialism. Each of these topics are key for leaders to understand.

Organizing means working and studying every day. In addition to the topics above, you can study more practical skills that can be used to serve the people such as legal skills, healthy living skills and how to better communicate through writing and the spoken word. Prisoners are surrounded by potential comrades who can't even read! We need Serve the People literacy programs. Combining these practical trainings with the political study and trainings promoted above will allow leaders to both attract new people with things they can relate to, while providing guidance that illuminates the reality of our greater society.

Principled organizing builds trust and dedication, which are two thing that comrades often report being in short supply in U.$. prisons. Principled organizing is how we can overcome these shortcomings. It is not an easy, nor a quick solution. The opponent we face is strong, so only by studying it closely and battling strategically will we be able to overcome it.

Whatever other tactics comrades on the inside decide to take to continue this struggle against torture, the need for building, organizing, and educating is constant and at the strategic level. Without that the movement does not strengthen or advance. If you're taking up this work, we want to hear from you and we want to support you in your efforts.

chain
[Hunger Strike] [California State Prison, San Quentin] [California]
expand

San Quentin Hunger Strike Suspended

22 August 2013 — I write to inform you that our hunger strike (in this unit for death row) has officially been suspended. In good faith we'll allow the warden to fulfill his promises of productive and positive change. It is these changes that will eventually improve death row for the best. It is a start and the right steps towards changing this whole system for the best.

Although we may have suspended ours, many more continue to struggle to bring about change in their torture dungeons. And we shall not stop exposing this place for what it is. We shall not stop sharing our stories, our truths and helping others end their plight. The battle has just begun and this exposure, this movement has united us even more. It has unmasked our captors and brought many individuals to our aid who have helped change things already. And with each passing day many more join the movement.

I want to thank you for getting us this far. For making it possible to put enough pressure on the warden and his administration to come to terms with our demands. Without your help, we wouldn't have made it to this point. Thank you for all you've done and continue doing in helping to end these injustice and torture dungeons. We are only half the movement, while you're the other half. Together we will change this world for the best.


MIM(Prisons) responds: We commend our comrades at San Quentin for their perseverance in this hunger strike. We know, however, that the prisoncrats have a long history of false promises. This comrade is right that this battle has helped to build unity, education and gained more activists for the movement. These are real victories, regardless of the outcome of the warden's promises.

While we don't have the details on the promises made, another report claims that the only written agreement at the time was that searches would not be done outside if it is raining. This came from a report from a striker who passed out from liver failure, who reported others in San Quentin were also facing difficult health conditions due to lack of food.(1) We posted the full list of demands developed at San Quentin back in June.

chain
[Hunger Strike] [North Kern State Prison] [California]
expand

Transfers and Censorship Retaliation for Hunger Strikers

Here in the Ad-Seg unit at North Kern they've transferred a lot of us to A4 which is on the main level III yard, and half of the building is Ad-Seg, the other is orientation. All of us are on single cell status and validated members and associates of STG (Security Threat Group types) I & II but there's unity in here.

The hunger strike/work stoppage is over, and most if not all received 128 G chronos for participating. This will be used as validation points, but no one cares. We don't get our 10 hour a week for yard, no laundry exchange, or supplies being passed out, and our food is cold because they serve it on paper trays.

Our mail has to get rerouted from the other Ad-Seg unit and the IGI/ISU informed us that the SF Bayview, CA Prison Focus, The Rock, Revolution, Militant, PHSS, MIM(Prisons) and any of the literature that makes reference to our struggle behind these walls will be screened and withheld. I've been receiving mail that's 2.5 months old. We have a group 602 going around collecting signatures so we can show the yard captain we're not happy with this program we have here in the A4 location. Just yesterday they cell extracted someone and all of us above the incident on the top tier had pepper spray in our cells, because it came up through our cells, and the ventilating shaft.

This is all from the North Kern Grave Yard.

chain
[Gang Validation] [Control Units] [California]
expand

STG Kickouts are a Sham

I would just like to educate those who hope to be released from SHU/Ad-Seg. STG kickouts are a sham! Rope to hang yourself is what it should be called. I am validated and was excited to be given a "chance" to go to mainline, but I lasted one week and am back in Ad-Seg. During that 1 week staff and gang units harassed me, searched my cell 3 times, and told me they would be back until they "catch me slipping" and could lock me back in SHU again.

I was told socializing with gang members is a violation, yet I'm GP (General Population) so of course I socialize with the fellas around me. I received a letter from a friend on the street who is from the same neighborhood as me, so he closed the letter with our street name. I was told by gang units this was a violation and "promoting gangs". Really? So I must not speak to friends I grew up with because CDCR says so?

Anyway, myself and a few others did not last more than days and we are now under investigation (for what? I've no clue). So for those of you who are active as I am, I wish you luck if you can actually go to the line without dropping out and not coming back. STG kickouts were not designed for us actives.


MIM(Prisons) responds: We believe the program this prisoner writes about is the same as the new STG Step Down program in California. We have reported from others that this is a revolving door that will not really address the problem of Security Threat Group validation, which locks prisoners up in long-term isolation on flimsy "evidence" of membership in a lumpen organization. The reality is, prisons target lumpen organizations out of fear for what they represent. Organizations of the oppressed, many of which get involved in some organizing against the criminal injustice system, are a scary thing to the oppressors. And when these organizations start coming together and building unity to fight broader anti-imperialist battles, like has happened in California around the July 8 hunger strike, this is even more dangerous for the system.

chain
[Hunger Strike] [Calipatria State Prison] [California]
expand

Calipatria Hunger Strikers United for Week Long Protest

I'm writing to report on the hunger strike from Calipatria State Prison. Everyone here on the facility showed their support. Not all of us agreed on the tactics that some chose to pursue but nonetheless we all participated. Some people refused to go to work while others chose only not to accept food. Everyone who chose not to go to work received write ups (CDCR 115) for refusing to work and participation in security threat group (STG) activity. So now those people have STG points against them. Some guys were trying to force everyone not to work but calmer heads prevailed and they allowed people to make the choice themselves.

Out of the 850 prisoners on this yard, at least 700 participated. It only lasted for a week. The staff passed out a flyer on what can happen medically to a person who goes without food for long periods of time. They sent the nurse from door to door asking if people were alright but it didn't get to the point where they had to start weighing people.

A lot of questions are now being asked like what did that accomplish? Although we had a high level of participation we had no one to actually explain what the strike was for or what are the goals we are trying to accomplish. Most guys just get involved because they were told to. The people who are socially conscious and politically conscious didn't want to speak up for fear of being labeled as inciting the strike which will land you in the SHU. A lot of guys who have been down for 30 years have been broken and refuse to stand up to the administration.

All in all we here at Calipatria showed our support until next time.


MIM(Prisons) responds:First let us recognize what this comrade said about prisoners receiving STG points against them for a peaceful refusal to eat or go to work. This is what the CDCR is using to label people a Security Threat Group member and put them in torture units for years or even decades - the main thing that the strike is protesting in the first place! Such outrageous injustice should fuel the struggle for basic humyn rights in Calipatria.

Second, let's acknowledge the amazing accomplishment of having 700 out 850 prisoners participate in a united action that was part of a planned strategic approach towards change in the interests of all prisoners. This is historic, and it is happening all over California!

That said, the masses are correct to ask, "What did this accomplish?"
This report exposes the importance of building political consciousness and educating our comrades behind bars both before and during protest actions. We must build leadership to ensure that the political message of these protests is effectively conveyed, both to those participating and to the target of our protests.

Of course, the application of leadership in such closely monitored conditions should be done cautiously as the comrades in Calipatria did. Materials like Under Lock & Key can be tools for spreading education and providing leadership. But even then we face censorship, and prisoners get written up just for possessing literature, which presumably was given to them by prison mail staff in the first place. The solutions to this are tactical questions that should be part of the sum up of the experiences in California prisons this summer. As the masses are struggling for answers, now is the time to step in and have these discussions however you can in your locality. What is the opinion of the actions? What do people think should have been done differently? How did leadership fail, and how could you build differently in the future? If you come up with universal conclusions send them to us to share, however as conditions vary over time and place, most of these conversations should be applied locally.

On the large scale we can make a few points. First, the strike was about ending conditions of torture in California prisons, in particular in the long-term isolation units (SHU, ASU, etc.). And the strike continues with almost 300 people having not eaten for over 40 days according to the CDCR, and an unknown number of others still participating who are not being counted. So the struggle continues there.

If comrades in Calipatria are asking what their one-week actions accomplished, we encourage them to look back at the agreement to end hostilities and the United Front for Peace in Prisons statement on page 2 of Under Lock & Key that were used to form a basis for the massive support seen this time around. The goals of these projects are to unite prisoners around their mutual interests as prisoners and prevent the state from pitting them against each other as a form of social control. We hope that comrades in Calipatria were inspired by the tremendous level of solidarity this author reports on. There are many ways to build on this unity through things such as study groups, health campaigns, literacy programs, and other forms of mutual support. In our own work we model such programs after the Black Panthers and Chinese Serve the People Programs, which had the purpose of providing for survival needs pending revolution.

chain
[Hunger Strike] [Mental Health] [Martinez Detention Facility - Contra Costa County Jail] [California] [ULK Issue 34]
expand

Debating Mental Health Treatment in Ad-Seg

[In response to the article MIM(Prisons) printed about the Martinez hunger strike demands, calling on prisoners there not to isolate the "mental health" prisoners from the "non-mental health" prisoners, we received the following update and clarification.]

Maybe we were not clear on the housing of mental health prisoners here in Ad-Seg. Our point is that there is an entire module for mental health prisoners where they can get help for their issues with trained staff. There is no mental health staff stationed in Ad-Seg, and no groups or therapy for prisoners. Bottom line is, mental health prisoners should not be housed in Ad-Seg on the whims of classification unit. Yes these guys are a headache to have in Ad-Seg, but more importantly they receive no help and deteriorate further by being warehoused in Ad-Seg. We are not trying to cause division in the prison population.

There are 53 inmates housed in Ad-Seg here. 13 prisoners did a 24 hour support strike while 5 of us continued for 6 to 12 days. We continue to support all those still on strike. Our strike is suspended, not stopped. If we do not continue to move forward in our demands or we come to a place in time when it is warranted, then we will continue our strike.


MIM(Prisons) responds: This letter addresses our criticism of the demand by MDF prisoners to "immediately cease and desist the unconstitutional custom, practice and unofficial policy of improperly housing inmates with mental health issues among the non-mental-health-status Ad-Seg detainees" as unnecessarily divisive. The original demand complained of the disruptive behaviors from the mental health prisoners but did not mention the lack of treatment options for these individuals. If conditions are better in the mental health module, it would be an improvement for these individuals to escape Ad-Seg and be placed there. However, the "treatment" for people with mental health problems in the United $tates is, at best, a targeting of the symptoms, and at worst leaves people either physically or medically restrained in a drug-induced stupor.

Mental illness in prisoners can often be linked to the conditions in which they are housed, especially long-term isolation. So we are naturally skeptical of any treatment offered by those same captors who insist on locking people up in conditions that induce the health problems in the first place. But we appreciate the additional explanation that the MDF prisoners did not intend the demand for mental health prisoners to be divisive but rather targeted treatment for these individuals. We hope they will consider carefully the wording of such demands in the future.

In the short term, we know that capitalism will continue to produce new cases of mental illness which can not be successfully treated until we address the problems of a society that generates these illnesses. We look to China under Mao for an example of successful treatment of mental health conditions by addressing both the immediate problems and the systemic roots of these conditions.

Meanwhile, the comrades in Martinez are not the only ones on suspended hunger strike. A number of comrades have reported a willingness to restart in support of the five core demands as the struggle heightens.

chain
[Hunger Strike] [California State Prison, Corcoran] [California]
expand

Medical Neglect as Another Hunger Striker Goes Down

On July 19th I was escorted to the medical clinic to request liquid nutrients, vitamins and proper directions on the re-feeding process after hunger strike. I was denied all requests. I was specifically told by nursing staff that CDCR officials have told all medical staff not to intervene in the on-goings of hunger strike patients until otherwise directed. I continued to request said items during daily nurse/medical rounds for the days leading up to July 21st only to be denied with some sort of unprofessional response.

On July 21, during my allotted rec time my body shut down. I fell, hitting my head on the concrete and knocking myself unconscious for at least two minutes. I was brought to the emergency prison hospital and once again provided with inadequate medical care. After blood/urine/vitals samples and testing I was told there was the possibility of death if I were to continue hunger strike for 24 hours. I obviously requested liquid nutrients/vitamins/etc. And I was denied. I was told by the doctor that CDCR officials are not letting med staff intervene in hunger strike participants and was told to go back to cell with no medical help.

chain
[Gang Validation] [Legal] [California]
expand

STG Pilot Program Primer

Editor: Clearly there is nothing in these new rules that could be considered an advance for the plight of California prisoners who face torture (and the threat of torture) in the Security Housing Units. We print this for informational purposes for those facing this repression and hoping to understand it better.

This is in regards to "the new rules for deciding who is a gang member or associate and whether those prisoners are placed in a Security Housing Unit."

Prisoners in California: you must request and insure that your institution makes the new rules concerning "gang validation" available to every prisoner as they are not currently making them so. In the meantime if you wish to receive them independent of CDCR, then you can request them directly from the California 'Prison Law Office.' You should also request the new 'Pilot Program Memorandum' concerning the new validation process as this has also not been made available to many prisoners. You can also request the newly revised criteria for the 'Step Down Porgram' (SDP) as the Title 15 California Code of Regulations has not yet been changed to reflect these changes. "The new rules are being phased in between October 2012 and summer 2013 and will be in effect at all CDCR prisons. The pilot program will last for two years while the CDCR evaluates whether it is "effective."

What are the main changes under the Pilot program?

  1. The validation and housing rules now refer to a broader category of "security threat groups" STG which includes prison gangs, disruptive and/or street gangs;
  2. When validating prisoners as STG affiliates, the CDCR will continue to take into account similar types of "source items" as under prior gang validation rules. However, there is a new "point" system by which different sources carry different weights. There must be three source items adding up to at least 10 points to validate a prisoner as a STG affiliate, replacing the old rule that just required three source items. To be current, evidence of STG behavior must have occurred within the previous four years.
  3. STG behavior or possession of STG contraband are now listed as administrative rules violations. STG related directing, controlling, disruptive or violent behavior is a serious rule violation. STG behavior is that which promotes, furthers or assists a STG. There is a matrix setting forth the consequences of STG related rule violations on housing and program status for validated STG affiliates or former affiliates.

What will happen to prisoners who were validated as gang affiliates before the pilot program took effect?

"According to CDCR headquarters staff, the DRB (Departmental Review Board) reviews will be conducted at each prison and prisoners can attend their review hearings. The reviews have already started, but it is not known how long it will take to complete review of approximately 3000 prisoners who were validated as gang affiliates prior to October 2012. Although there are no rules regarding when current SHU prisoners will be reviewed, it appears that the CDCR is starting with the associates who have been in the SHU the longest.

"Prisoners who are released from SHU as a result of the case-by-case DRB reviews (or who were released from SHU under the old rules for inactive gang members) can be placed in SDP for confirmed STG behavior, for getting one serious STG-related rule violation, or for getting two STG-related administrative rule violations within a 12 month period. Prisoners can also be sent to the SDP based on newly received information from other law enforcement agencies or from outside CDCR's jurisdiction; the STG behavior must have occurred within the last four years and the source information must total at least 10 additional validation score points.

"Validated prisoners who were already serving indeterminate SHU terms prior to the enactment of the pilot program will not be re-validated under the new process and criteria. Instead each of those prisoners will be reviewed by the DRB to determine if the prisoner will remain in or be released from the SHU."

What are the criteria for validating prisoners as STG affiliates under the pilot program?

"Validation as either a member or an associate requires at least three independent source items with a combined weighted value of 10 points or greater coupled with information/activity indicative of membership or association. At least one of the source items must be a direct link to a current or former validated STG member or associate, or to a person who was validated within six months of the activity described in the source item.

"The types of validation source items that can be considered are the same as those used by the CDCR in the past. However, the different assigned so that some items are weighted more heavily than others. The points assigned more heavily than others. The points assigned to the various categories are as follows:

"Two points: symbols e.g., hand signs, graffiti, distinctive clothing), written materials that are not in the personal possession of the prisoner (e.g. membership or enemy lists, constitutions, codes, training material)
Three points: association with validated STG affiliates information information, debriefing reports
Four points: written materials that are in personal possession of the prisoner, photos that are no more than four years old, CDCR staff observations, information form other agencies, visitors known to promote or assist STG activities, communications (e.g. phone conversations, mail, notes)
Five points: self admissions
Six points: crimes committed for the benefit, at direction or in association with an STG, tattoos or body markings
Seven points: official legal documents showing STG conduct"

What is the process for validating prisoners as STG affiliates under the pilot program?

"The process for validation under the pilot program is quite similar to the CDCR's previous validations process, although the titles of some of the staff and the names of the forms have been changed."

Where are validated STG affiliates housed?

"Under the pilot program, some STG affiliates must be placed in the Step Down Program which generally requires placement in SHU. However, some STG affiliates can remain in the general population. Where the validated prisoner is housed will depend on the level of STG involvement and/or the prisoner's behavior:

"An STG-1 member will be placed in the SDP

"An STG-1 associate will be placed into the SDP if any of the validation source items involve serious rule violations for STG behavior that are SHU-able offenses.

"An STG-II member or associate will be placed into the SDP if at least two of the validation source items involve serious rule violations for STG behavior that are SHU-able offenses. Otherwise, and STG II member or associate shall be housed in the general population or other appropriate housing (This also applies to the previous STG-1 definition)

"And STG-II member or associate will be sent to the SDP if found guilty of two STG related rule violations which are SHU-able offenses per 15 CCR 3341.5 (c) (9). Prisoners can also be moved to higher validation levels based on newly received information from other law enforcement agencies or from outside CDCR's jurisdiction; the STG behavior must have occurred within the last four years and the source information must total at least 10 additional validation score points.

"Once a prisoner is in the SDP he/she must complete four steps to return to non-segregated housing. However, a prisoner does not need to acknowledge or admit to being an STG-affiliate"

Can validated STG affiliates debrief?

"...Prisoners who are validated as STG-II affiliates can debrief while they are in the SDP, although they may also be allowed to debrief if they are housed elsewhere such as in general population or a regular SHU. The procedures for debriefing are somewhat similar to those under CDCR's previous rules in 15 CDCR 3378.1 through 3378.3. One important difference is that there is no longer a requirement that a debriefing prisoner serve an observation period prior to being in the Transitional Housing Unit (THU).

Note: "In a recent court case, a court held that a jailhouse lawyer's possession of a validated gang associate's chronos for use in preparing legal documents could not serve as validation source item. Since CDCR rules say that prisoners can possess other prisoners documents to assist them with legal work. Because none of the other source items in the validation packet provided a direct link to gang members, the court vacated the validation and ordered the CDCR to release the prisoner from segregation." See: In re Villa (2012) 209 Cal. App. 4th 838 (a de-publication request and consideration for review are pending as of 12/17/12)

The aforementioned new criteria and rules and regulations as listed here is in no way comprehensive, but is merely the most pertinent to the prisoner population. For a more comprehensive copy of the new STG validation, placement and debriefing memo get at your MAC reps and make them do their jobs! or do it yourself and request these documents from the administration at your prison or write the prison law office at:

Prison Law Office, General Delivery, San Quentin, CA 94964-0001

And once you get a copy, try to make enough copies for every building, dorm, etc. on your yard and put them somewhere everyone can see them, such as the dayroom; and spread the word!

chain