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Under Lock & Key

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[Control Units] [Gang Validation] [California] [ULK Issue 45]
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The more things change, the more they stay the same

As early as October 2012, the administrators of California Department of Corrections and Rehabilitation (CDCR) have relentlessly advocated to the public how the step-down program (SDP) is an improvement upon the gang validation policies/practices that previously existed. But history informs us that any mantra of change being presented by the powers that be means more of the same, literally.

On a day in March 2015, I was the sole prisoner transferred out of Corcoran SHU via special transportation, as the warden issued some type of "special order" for me to be housed at CCI Tehachapi SHU. I have yet to see this "special order." I'm not going to get into the litany of horrendous living conditions that exist here at this point and time, however, I've witnessed countless prisoners be issued bogus rule violation reports (CDC 115 RVRs) and then coerced to start over and repeat the step that they were just in. This subjects the prisoner to being interned to indefinite solitary confinement status once again, as there are no mechanisms in place that would prohibit and/or prevent this process from reoccurring. It's nothing more than the same old barbaric and dehumanizing gang validation policies and practices.

For example, the most prominent reason for prisoners being issued CDC 115 RVRs is because their name has been found in a "kite" that was written by another prisoner. Not only is this contrary to our primary 5 core demands from the mass hunger strikes, in relation to behavior-based "individual accountability," but it is also contrary to the new SDP policy. In particular, CDCR memorandum dated 9 August 2013 states in part on page 4:


"At times this information includes a list of names or other personal information being found in another offender's possession that has some nexus to STG activity or behavior. During the DRB reviews, the offender whose name is simply on the list (versus the individual being in actual possession of the list) will not be held accountable for the contents."

But wait, it gets even better my people. While at Corcoran, counter-intelligence officer S. Niehus searched my personal legal property in February 2015 and stole ("confiscated") my legal exhibits for active legal cases under the false premise of it being gang-related contraband. In my first level 602 appeal interview with Institutional Gang Investigator Sergeant Pierce, he told me:


"Corcoran's litigation office has confirmed [your] active legal cases and that the confiscated materials were indeed legal exhibits for said court cases, but he is going to retain possession of them, as CDCR has deemed the materials to be gang-related contraband per CCR Title 15 Section 3378."

It can't be both ways! Either they're legal exhibits or not. This type of subjective rationale makes it fundamentally impossible to challenge these bogus allegations of gang activity, because no sooner do we get evidence that refutes these ridiculous allegations, it is then stolen under the falsity of being gang-related. How is this not more of the same old policies and practices? But more importantly, how can we win under these circumstances? It is imperative that the people send letters and emails to M.D. Stainer, Susan Hubbard, Scott Kernan and others in CDCR's headquarters in Sacramento, California to voice your outrage on this contradiction.


MIM(Prisons) adds: In the meantime, we will also fight from the angle of publicizing these abuses via our independent media resources (Under Lock & Key and prisoncensorship.info). We also fight injustice by offering educational materials and study groups to raise the political understanding of anyone with an interest in putting a permanent end to false imprisonment, torture via inhumane long-term isolation, and an oppressive state and military which tries to bully the entire world. The more we understand our oppression, the better equipped we will be to fight against it effectively.

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