Under Lock & Key

The California Department of Corrections and Rehabilitation (CDCR) has instituted a ban on educational material within prisons, categorically censoring all literature sent by MIM’s prisoner education program. This ban was mandated by Scott Kernan, Director of the Division of Adult Institutions for California, in a memorandum issued December 13, 2006 “directing an immediate ban on the receipt, possession, or distribution of literature/publications from MIM to or by inmates in the custody of the CDCR.” This ban has been interpreted by prisons to include dictionaries and history books as well as MIM’s own magazine and newspapers. In some prisons the ban has been interpreted to also include all letters written by MIM.

This censorship is in direct violation of legal precedent which requires review of mail for content that violates prison policy. Systematic rejection of all mail from an organization based on disagreement with the sender’s politics is not legal, even within the prison system’s own rules and regulations.

Neither Kernan nor the prison administrators applying the ban have ever supplied any evidence that MIM literature (much less, letters, dictionaries and other books MIM sends to prisoners) present any threat to the institutions. Kernan’s letter contains a review of the MIM political line as supposed evidence that MIM represents some danger to California prisons. The California Code Of Regulations (CCR) Title 15, sec: 3135(b) states: “Disagreement with the senders or receivers apparent moral values, attitudes veracity, or choice of words will not be used by correctional staff as a reason for disallowing or delaying mail. Correctional staff shall not challenge or confront the sender or receiver with such value judgments, nor shall such value judgments be considered in any action affecting the correspondents.” Further, in Procunier v. Martinez, the Supreme Court upholds the right of prisoners to receive mail, regardless of the prison official’s opinion of the mail content, as long as there are no legitimate restrictions from the prison related to correctional purposes.

There is a strong correlation between education and imprisonment. According to the Bureau of Justice Statistics (the U.$. Department of Justice’s own organization) latest study on 1997 population data, 41% of State and Federal prisoners had not completed high school. This compares with 18% of the general population age 18 and older.(1) Things look even worse among prisoners age 20 to 39 showing that the trend is towards more prisoners without a high school education as younger prisoners are even less educated than older prisoners. Other more recent studies have shown this trend continues. The likelihood of ending up in prison is tremendously higher for young Black men who drop out of school before getting a high school diploma. And a college degree is further protection against imprisonment.

On the other side of education, in-prison education programs have repeatedly been shown to reduce recidivism by helping prisoners to find jobs and opportunities once they are released. Individual and meta studies repeatedly conclude the same thing:

“Since 1990, the literature has shown that prisoners who attend educational programs while they are incarcerated are less likely to return to prison following their release. Studies in several states have indicated that recidivism rates have declined where inmates have received an appropriate education. Furthermore, the right kind of educational program leads to less violence by inmates involved in the programs and a more positive prison environment.”(2)

California already has one of the highest recidivism rates in the country, with an astronomical 70% of released prisoners ending up back inside within three years. And in recent years we have seen education programs, visitation, and even mail cut back so that prisoners are left with very little to do behind bars and a virtually impossible task of going straight from prison to the streets with no education or transitional services.

Implementing a state-wide ban of educational material from MIM is one more way to keep prisoners locked up. Prisoners who read our literature frequently tell us they learn to channel their time into productive activities rather than participating in violence behind bars. And the education helps them have a better chance at staying on the street once they are released. We get letters pleading for reading materials like this one all the time: “I’m an inmate at Salinas Valley State Prison and am on a yard that’s been on lockdown off and on for approximately 4 years. Therefore I’m unable to get to the library here. I’ve read every ‘floater’ here. I would be very grateful for any soft back books you could send. Anything you send will be read and reread by many inmates.” Surely the CDC”R” knows there is a demand for reading materials in the prisons, but they don’t even bother to fill this void with fluff novels. They prefer to spend their large budget on higher salaries for brutal guards and legal defense for their illegal activities like setting up prisoner fights for sport.

Of course, the CDC”R” does have reasons to ban MIM from the prisons. Educating prisoners is counter to their goal. With education comes consciousness, and while prisoners working with MIM report avoiding violent confrontations (both with their peers and with guards), they are also more likely to take up legal and administrative appeals, and to educate and organize their fellow prisoners to stand up for their legal rights. As one California prisoner wrote to us in October of last year:

“In extending my respects to all, I would also like to convey my heartfelt appreciation to everyone working at, working with and/or affiliated with Maoist Internationalist Movement for all that you do and the services you provide. Especially, in regards to prisoners. Speaking from personal experience I can say that in receiving and reading your newsletters, it’s both a major source of motivation and encouragement. To say that your MIM Notes have served me well does not cover any specifics, but I can say that your notes have been a potent ingredient towards my transformation: and your free books to prisoners program has nurtured and fed me like a baby at his mother’s bosom. The books you have been so generous to send have taught me to respect and value the importance of an education…an education that has taught me that with knowledge comes enormous responsibility. The responsibility that arises from not just knowing the difference between what is said to be right, or wrong, testing an deciphering, truth and lies, but knowing and acting in accordance with what is consistent and progressive in the exercise of self determination and self defense.”

We will continue to pursue the fight against this ban in California, working closely with our comrades behind bars to challenge this action in court if necessary. We encourage the CDCR leadership and California state politicians to step forward and overturn this illegal ban before they are forced to waste money needlessly in a legal battle that will only further expose their disregard for Rehabilitation, the welfare of prisoners, and the very laws they claim to uphold.

We need support from prisoners to join this struggle, and support from people on the outside to demand an end to this ban. Write protest letters to: James Tilton, Secretary, California Department of Corrections and Rehabilitation, 1515 S. Street, Sacramento, CA 95184

1. Bureau of Justice Statistics Special Report: Education and Correctional Populations, January 2003 2. Journal of Correctional Education, v55 n4, p297-305, December 2004. See also The Nation, March 4, 2005: “Studies have clearly shown that participants in prison education, vocation and work programs have recidivism rates 20-60 percent lower than those of nonparticipants. Another recent major study of prisoners found that participants in education programs were 29 percent less likely to end up back in prison, and that participants earned higher wages upon release.”

I am interested in getting petitions for the Three Strikes law. I would very much like to contribute my time in collecting as many signatures as possible. I could easily be a victim of this so called Justice System, I have 2 strikes on my record as a first timer.

I really do have to fight for justice, because after being in the system just a few years I have heard all the stories of inmates who are serving a 25 to life sentences for such petty crimes as petty theft, drug paraphernalia, little petty stuff that I can’t believe these sentences handed down. And the number of years these fellow inmates have served are unjustifiable. I’ve been to San Quentin, and to Old Folsom, in my 3 years I’ve met over 100 inmates who in total years probably served over 1000 years for such minor offenses as shoplifting at Safeway a $10 bottle of liquor (25 years). All too many to name, but as I go through the system I’m seeing more 3 strikers.

It is a crime in itself to take a man away from his family for so long, for so petty shit as taking a pack of batteries, or a pair of levis from the gap. No matter how much this merchandise may add up to, it can never add up to life. And I’m hearing a lot of horror stories like this about condemned men now facing 25 years to life. This is a crying shame, I do hope that the MIM continues to distribute its literature through these prisons so that more people can rally up and speak out on, for I could easily be the next victim of this so called justice system. I’d just like to say to keep up the good work and keep the MIM Notes coming!

MIM adds: A copy of our Three Strikes Petition can be found on our web site at http://www.etext.org/Politics/MIM/agitation/prisons under the California campaigns section.

MISSION STATEMENT

In 1989, the CA Department of Corrections (DOC) opened Pelican Bay State Prison (PBSP). Their primary stated reason for its construction was to reduce prison violence by segregating alleged gang leaders and members. But contrary to their stated purpose, prison violence has increased rapidly and dramatically. The CA prison system is more violent now than it was before the opening of PBSP. In fact, it’s the most dangerous and deadly prison system in the country, as the statistics will clearly attest.

In Feb. 2001, CA witnessed one of its most violent race riots here at PBSP, where approximately 38 New Afrikan (Black) prisoners were stabbed. A message was delivered to me the next day from a group of brothers who had been involved in the riot, requesting my assistance with resolving this racial conflict/war. I am being housed in the Security Housing Unit (SHU) here at PBSP (solitary confinement), so I am in a position to talk to certain influential Mexican and white prisoners.

That night, I wrote to Warden Ayers, explaining to him that I would like to initiate peace talks designed to resolve this conflict. The following morning, I was escorted to the warden’s office. He was interested in my proposal. While I was there, he asked what he could do to facilitate this peace process. I told him I needed to speak with a number of prisoners, and he told his staff to accommodate my endeavors. I was able to bring all relevant parties to the table, a peace plan was adopted and a cease fire was implemented.

We knew there were a number of associate wardens here at PBSP, as well as Institutional Gang Investigation (IGI) unit administration in Sacramento, along with the CA Corrections Peace Officers Association (CCPOA, prison guards union) who did not want this truce to take place or to take hold. True to form, they sabotaged our peace talks with lies and negative propaganda. Because we failed to mobilize an outside, grassroots support base, we were not able to challenge the lies and distortions that were being told.

The DOC told the politicians and the media that they didn’t need us to resolve this conflict. They know that’s untrue, that we are the only ones who can resolve it. When I say “we,” I mean those New Afrikan, Mexican, and white prisoners presently housed here in the SHU at PBSP in the D-Facility, units 1, 2, 3 and 4. Many of us are between 40-65 years of age and have been in solitary confinement from 20 to 40 years. I personally have been in isolation for 24 years. We are the only ones who possess the respect and influence to end this conflict.

We could have resolved this racial conflict five years ago, but the CDC didn’t want us to achieve that goal. As a direct result, the conflict has spun out of control. Since 2001, there have been at least 500 race-based riots behind the walls, and approximately as many individual stabbing incidents related to this conflict. Over 200 race riots took place in 2005 alone. Even worse, since 2001, the conflict has spilled out into the community outside the walls, especially in southern California, and now the community is caught up in the conflict. Of course the CDC will not take responsibility for the escalation of this conflict, but the fact remains that it was the CDC that sabotaged our efforts to end it, and now it has enveloped the whole state of California.

We can no longer afford to expect the CDC or government to end this conflict, or allow them to prevent us from ending it. The escalation of this conflict is a further example of the CDC’s criminal negligence. As a class of veteran convicts, we are reaching out to the outside community for your assistance in resolving this conflict. With your help, we can put an end to this war.

We have developed a plan that would consist of a joint effort, but an effort led by us. What we need from you is to force the CDC to allow us to initiate discussion on a peace resolution. At present we are not allowed to get together and dialogue on a truce. We are presently looking for outside volunteers to serve as facilitators and coordinators. The facilitators will assist those directly involved in the process, since being in isolation limits what we can do. This is why it’s very important for us to have outside assistance. The coordinators are grassroots organizers that will be responsible for mobilizing a community effort in support of our peace summit. If your are interested in being a facilitator you can contact me at:

Abdul Olugbala Shakur s/n J. Harvey
D-4-112/ C-48884 (SHU)
PO Box 7500
Crescent City, CA 95532
Pelican Bay State Prison

We also have a petition that we are presently distributing in support of our peace summit. Download the Pelican Bay State Prison Peace Talk Petition.

MIM replies: This mission statement underscores what MIM has long reported - the California Department of Corrections is behind the prisoner-on-prisoner violence and conflicts between nations in the prisons. They set up these divisions and they sabotage efforts by prisoners to achieve a peaceful resolution. The CDC’s interest in promoting gang warfare behind bars is clear - keeping the prisoners divided and fighting one another prevents them from coming together to fight the injustice system. And these fights give the CDC justification for all kinds of repression and lockdowns. In fact they justify the existence of the Security Housing Units (SHU) themselves, which claim to house the “validated” gang members.

This is the same thing going on on the streets - the U.$. government has played a role in funneling guns and drugs to the streets to help fuel the creation of organizations fighting each other in oppressed communities. These organizations need to turn themselves to genuine self-defense in the interests of their nation, against their true enemy who perpetuates the system of national oppression in Amerika: the imperialist U.$. government. The organizers at Pelican Bay are setting a good example for people behind bars and on the streets, and we will work with them to take the struggle to the next level, beyond peace and onto the united struggle for justice.