California Prisons

5 January 2018 – I am writing to inform our allies that D Yard here at Salinas Valley State Prison has been on lock down since 18 December 2017. The reason claimed is that “somebody stole a piece of metal.” All cells have been searched and all prisoners signed papers stating that they have no knowledge of any stolen metal. Yet we still remain on lockdown even after the cops found no weapons or metal in cells or on prisoners.

The challenges I faced upon release was money and housing. These two were primarily the most significant factors. I have a big family, so one may think that at least temporary housing wouldn’t be a factor. Yet for me, and maybe for many others, it is. There’s a family member that I have that loves me dearly, I believe, but just won’t (or just can’t) allow me to live with them, becuz of either past run-ins or past lifestyle choices I’ve made.

I mean let’s face it – no matter what changes I’ve made recently (i.e. politically, morally), most of my family members just don’t trust me to live with them or in their homes for more than a few days before they feel it’s time for me to go. And it’s not becuz, I feel, they believe I’m difficult to deal with, but becuz their not 100% faithful that I’ll come thru on moral promises.

Then I find myself reaching out to parole to be placed in a program for parolees, but with programs comes parole restrictions. The only problem with this is the parolee begins to feel like he’s been sent back to prison again. Upon arriving at the program, due to the CDCR regulations that most CDCR parolee programs operate under, this gives anyone thoughts of wanting to leave the program prematurely before securing a job or housing.

And even if one completes the program and/or secures job or housing or both, then there’s the cost of living and spousal-family problems that comes into play. It did for me. These are some of the factors that makes it difficult for comrades to stay connected with our MIM homebase and involved in our political work.

There are also other factors that comes into play in addition to the above: Some of the biggest challenges are past gang ties and drugs. For me these are the most crucial and can greatly affect effective communication with the comrades.

I personally understand that communication is vital and efforts needs to be directed at communication, becuz had I stayed connected immediately upon release, my comrades could’ve walked me thru my obstacles by instruction. Without instruction, comrades being release may get lost. And without communication there can be no instruction.

MIM(Prisons) responds: This writer poses an important question, “What can MIM(Prisons) do to support our released comrades while they get their lives set up?” If you’re reading this newsletter, you probably have already read our Release Letter and Release Challenges letters, both focused on the details of our Re-Lease on Live Program. In those letters we lay out the need for weekly communication with MIM(Prisons).

We advise that comrades write to us via snail mail at first, so we can set up secure communication lines. We can set up phone appointments and try to help you get e-mail running on a secure machine. Like our prisoner organizing, if we can’t get on e-mail or phone, we are happy to support via snail mail indefinitely.

Our question to this writer, and everyone in a similar situation, is whether this system we’ve set up is viable. The writer above talks about the need for communication, instruction, support, between eirself and MIM(Prisons). With our current Re-Lease on Life structure, are we set up to be successful at this? What do we need to modify about it to be successful?

Revolutionary greetings, and salutations my brothers in struggle. I received ULK 58 about 2 weeks ago here in Administrative Segregation Unit (ASU). I also received the CA USW Primer 1st Edition, January 2017. Read it cover to cover, and it had some very good, as well as informative topics and info. I’d like to respond on the article about, “The Biggest Divide - Not Race or Gang”. I am an Special Needs Yard (SNY) prisoner.

I seriously doubt the two sides will ever be able to come together, as far as programming together on the same yards. Personally I have no problem with General Population (G.P.), and there are a lot of things I miss about being there. Things have changed a lot on the G.P. side since they have let validated L.O.s out though. As you say: “Not to fan the flames I’ll leave that alone.” I will say this on a personal level. I do have great respect for every soldier over there who are pushing the MIM theory and line. So I send mine to you comrades. Stay up, stay strong, and keep that “can’t stop, won’t stop attitude.”

MIM, I do understand what our cause is pushing for as far as coming together goes. The only chance I see of that happening is if the G.P. side reverted to the old way of about 2 or 3 decades ago. That is to say letting those of us back on the yard who retired, laid down, stopped reporting, but never debriefed, and our paperwork is clean of sex offenses. Not only that but through the different L.O.s’ contact with guards that are in some of their pockets, letting them know of those of us who have conducted ourselves in a convict’s code of conduct on this side as well. Meaning we haven’t become the C.O.s’ rat bitches. Comrades – if they did allow us back – would only be a small amount of us. Maybe a handful on every yard.

Ultimately I would go as far as to say that I am a real small minority that would be willing to take that chance to unite under the above aforementioned standards. There is definitely a very long way to go on that issue. As you say, it’s also a trust issue. Yes the Agreement to End Hostilities (AEH) is what I want. But if the comrade that wrote that article has ever been in prison, you understand the issues that keep the divide, and there are many of them. Personally I have no issues with my brothers of the past. None. They haven’t given me reason to be hostile, or have any grudge against them, but there are others on SNY that don’t feel the same way for whatever reasons they have.

I have something to say now about the reason I’m in ASU. When I was 6 months to release, I got fed up with the K-9 searching 2-4 times a week, so I refused to come out. I got soaked with O.C. spray. Of course whenever C.O.s either assault us, or spray us, or shoot us with block gun, or bullets, unjustifiably, their go-to “off the books” thing is, “the inmate assaulted or battered me.” I - comrades - did not assault that coward. I’m the one who was assaulted by O.C. spray.

The day this took place, I.S.U. didn’t even go talk to him, or take pictures, because there was nothing to photograph. He lied, and broke protocol by crossing the threshold of my cell, with no supervisor present. What makes me mad is him putting his damned boot on my back. He hit me with his metal baton like a lil girl. Excuse my expression, wimmin comrades, I mean no disrespect. Anyway I filed an excessive force 602 appeal – staff complaint – on him. Some inmate told me, “Oh man you’re asking for it now.” Ha! It’s because of those kind of inmates that are afraid to file on them is why they get away with what they do. I have that right. Brothers died so that we can file paperwork. I remember that, when I feel lazy, ’cause I hate doing paperwork, ’cause it’s frustrating and tedious. Anyway comrades that is my spill. Keep the positive work you do going forward. I’ll sign off with a revolutionary salute to all of you comrades at MIM and USW. One day brothers. One day in the distant future you will see, if not you, yours, and our kids will see our world as we struggle for it, to be under one dictatorship, united. Trust and believe. It’s destined to come to fruition. Believe that!

I am a transsexual female who has been in these trenches 37 years, have walked close to 30 yards and several SHUs, EOP, DMH. I want to add to Legion’s presentation regarding SNYs (ULK 58, p. 19) and how they came to proliferate in Cali, and with regard to the people who walk SNY.

When I first came to CDC in the early 1980s, there were four formations that governed all the maximum security yards: Black Guerrilla Family, Nuestra Familia, Mexican Mafia, Aryan Brotherhood. Notwithstanding the wars among them, there was order and discipline within each, and the tone of the yards was one of respect and honor, an old or original tradition. There was a lot of fighting and killing at San Quentin, where I did four years in the Adjustment Center (AC) SHU. Extreme warfare proliferated as the formations fought each other, especially in AC, where Comrade George executed pigs and reactionary enemies and was martyred in 1971. It was the same AC I stepped into in summer 1982 – nothing had changed: extreme warfare through the bars (there were no solid doors, though there are now) and tiger cages instead of AC yards. In 1985, a white sergeant was speared in the heart through bars and died on the tier, which was attributed to BGF. That’s when CDC went bonkers and conceived the Pelican Bay SHU monster to deal with everything (opened in 1989). It was also because of the killing of this sergeant that all SHU pigs had to wear protective vests, beginning in 1986. (Years later, alias Crips did a mass stabbing attack on yard pigs at Calipatria, and now ALL pigs have to wear vests.)

CDC’s idea of an extreme control environment was a strategic mistake. First, because it could not and did not break the spirit of those who count, but reinforced their endurance. Second, it created a massive vacuum on the yards as all the OG formations were swept up and stuck in Pelican Bay SHU; soon, independent factions popped up on the untended yards, and compared to previous, the yards went haywire, like kids at a carnival. There was no discipline, no respect, no honor; SNY yards opened and grew as many stepped back from that mess. Now, wherever there is a General Population (G.P.), there is an SNY or two. Third, all of this cost CDC millions of more dollars than average, with nothing gained. Fourth, under the extreme oppression of Pelican Bay SHU, the consciousness of the formations heightened and they united against CDC. And fifth, the courts eventually let the formations out again.

A lot of the people who went from G.P. to SNY in the heydays of chaos were not bad apples but were just more serious about doing time, that the G.P. was so ruined it would’ve been futile to try to get it back on track.

As much as the G.P. has progressed, however, it still has some backward baggage to sort out. Trans prisoners cannot be on the G.P. because of threats of death, BECAUSE they are trans; only that. There are some progressive prisoners on G.P., the Kata, who do not persecute us. In fact they politically educated me in Pelican Bay SHU in the early 1990s. (A kata is a martial arts stance that Comrade G. practiced in his cell and disliked the pigs to see him in. Here, it connotes a revolutionary position and cadre.) But the general practice on the G.P. towards trans prisoners is transmisogyny and gender oppression; reactionary. To promote a prisoner’s human rights platform, that platform must include the vested interests of all oppressed prisoners and have representation of all interests, including trans, and must extend into SNY and women’s prisons. The G.P. has yet to address its position towards trans prisoners publicly.

I am with the Red Roses Transsexual Political Party (alias 36 Movement), which I founded. We are a political resistance movement, with critically vetted members. We do political work to challenge CDC’s genocidal treatment of us as trans women with administrative complaints, lawsuits, and educate trans prisoners for unity and resistance. We consider ourselves a part of the Prisoners Human Rights Movement (PHRM) founded by the united G.P. at Pelican Bay SHU. Our voice needs to be heard, our situation on the G.P. hashed out. PHRM needs to extend into the women’s prisons, where contradictions have peaked, with a series of suicides at the California Institution for Women.

There is no question that we are in a new era of doing time, across the whole landscape. The biggest difference is the new collective consciousness of who is the real enemy in terms of our fundamental vested interests, produced by the overbearing of the state on the oppressed. The current unity of the OG formations – and especially the Kata, as BGF and other New Afrikan unity – illustrates this.

Unfortunately, SNY is beset with wars among factions, and there have been some killings. I would advocate the PHRM shoutout to SNY factions to call a cease fire and work out a Peace Accord, to acknowledge a higher need for unity against their conditions, such as, they can’t get into any self-help rehabilitation groups unless they debrief. PHRM’s voice will resonate with those who count on SNY.

Red Roses urges all trans prisoners to acquire political consciousness and join the 36 Movement to resist CDC oppression as a united force. We are political, not criminal, politically educate ourselves and do for self and support each other for our collective good. Stop squabbling. We are being killed on the yards, as Carmen Guerro, who was killed on this very yard, and others (rest in peace). The 36 Movement is one for all and all for one. Let that be your motto.

This is in response to an article from ULK 55 titled “Maintain the Trust in the United Front” by a Delaware prisoner. Legion is United Struggle from Within (USW). Legion used to be ranking general in a Damu organization here in California. Then life happened and Legion began to question the line. After consulting his peoples, Legion decided to become once again a NGE 5%er. In doing so, Legion wound up on a Special Needs Yard (SNY). Never ever snitching on any former comrade from the lumpen organization (LO) he was representing.

Legion first began re-educating deaf, dumb and blind members of the Black Nation by giving them the knowledge of themselves, then using United Front for Peace in Prison (UFPP) via ULK and other publications to show and prove to these young Gods the reality of the material conditions we are living in.

In the article mentioned above, a Delaware prisoner is worried about a rapist or a snitch when this comrade is compromised. This comrade is using the state-issued labels to disenfranchise potential comrades. This comrade must not know how to turn base metal into gold. Every persyn we built with has become a valuable asset to the movement.

You can’t have a united front without having every class of inmate represented because in California, SNY is a reality not a myth [having grown to one third of the prison population - ULK Editor]. And some counties are requiring gang members to PC up in county jail to get plea bargains without snitching. There are entire Aztlán hoods SNY because they refuse to pay taxes to the mob.

As for the “snitch,” I know known snitches who are walking on GP yards and are protected by policy put in place in the 90s by these pigs to “keep the peace on yards.” And I know some real revolutionaries, who, because of a Delaware prisoner’s line of thinking, had to tap out because of unrealistic politics.

Legion is fed up with PC politics on both sides of the fence. There are so-called leaders who are further dehumanizing victims of U.$. imperialism by not letting people prove why they should be in good standing on the line. Being GP don’t make you active! If you were put in a cross this is for you. If you kept quiet and wound up SNY this is for you.

Legion demands a recall of all “leaders” of New Afrikan movements who adopted white supremacist politics instead of self-determination. Hugo “Yogi” Pinell (Rest in Paradise) demanded his right to walk the line head held high because he was innocent of his controlling charge. There are a number of revolutionaries who caught cases and were accused of rape/molestation/murder/trafficking/domestic violence, etc. Yet, some woke up because of such maneuvers and became stalwarts of the movement. It is part of the setup!

Comrades can be re-educated and most take up revolutionary politics because they become aware of the injustice system that pits self against self, fast against slow, wealth against poverty, and male against female. We have to take a real scientific look at the reality of one’s incarceration before we discard a ’rad as no good. Let the measuring stick be his/her/its actions now vs. what a greenwall/pig say. We can’t limit our resources because a few feel superior over a group of misguided revolutionaries; that’s class warfare within the prisoner class, which represents a contradiction in need of resolution.

What if a person was witness to some foul shit and the DA/Judge/PD and public pretender tried to coerce a solid kat to testify on his brother at arms but he stayed silent? Took a deal that even though evidence suggested otherwise, he had to take a deal to secure his release because a jury of 12 would have killed him off. When told on, he stayed solid. When framed – solid. When forced to be SNY – solid. How does that make sense?

California Department of Corrections (CDC) is rolling back archaic policy that says you foul for XYZ. Why? Because real revolutionaries who have been isolated for years are now running the show again. I hope every Afrikan dig deep to figure out if he/she/it/they are active or just want to go home. In the 5 we are told your square is where you live and where you die. So I would rather die on my feet than live on my knees. What I speak is the principal contradiction of convict vs. the system. Class warfare under the most unfavorable conditions.

If you want revolution it’s all or none. It takes time, effort and resources to build a revolutionary advocate. Real snitches are free men. Think about that.

MIM(Prisons) adds: Here, Legion echoes what we have been arguing for years about not writing off whole sections of the prison population, such as Special Needs Yards (SNY) in California, which still have a stigma among some comrades. That’s not to say that there are not prisoners who have snitched or raped. Both are serious crimes against the people. Snitches, have given us a very good reason not to trust them. But we need to guard against snitch-jacketing, which the enemy will use to divide good comrades. Those who have committed rape and other serious crimes against the people also need to earn our trust and demonstrate an understanding that what they did was wrong. But again we can’t just take the injustice system’s labels and convictions at face value.

Society is quick to condemn the oppressed nation lumpen. But being a hot target for the criminal injustice system can lead to making compromises that most Amerikans would never imagine having to make. Organizing the imprisoned lumpen inherently means organizing people who have committed anti-people activities, many very serious. As we say in every issue of ULK, we don’t propose letting all prisoners automatically free. Under a future dictatorship of the proletariat all people will be given the opportunity to become productive members of society. We should all see ourselves as reforming criminals in this country. Whether we’ve been convicted by the imperialists or not, reforming ourselves requires a deep commitment to fighting patriarchy and imperialism.

In response to “CALIFORNIA: Challenges and Reports” (in ULK 56), the comrade/s at MDF, Contra Costa County Jail being hit with gang enhancements and other unjust treatment. Faulty gang allegations was a major error in my trial as a southern Chican@, hence my return on appeal, which also made case law (Court of Appeal, Fourth District, Division 3, California. The PEOPLE, Plaintiff and Respondent, v. Jerry RAMIREZ and Catherine Rodriguez Villarreal, Defendants and Appellants. G052144 Decided: February 05, 2016). I hope this can be of assistance. Should be in the lexus by now but is also attainable via internet. They have been trying to turn our culture into a crime for the last 500+ years. It’s going to take a lot more than a STEP act to get rid of us. In commemoration of “Black August” and the “Plan de San Diego”, I send mine to all comrades North, South, East and West.

I’m writing to let you know my parole in March is no longer to be. The K-9 set me up with a fabricated RVR 115 report and possible DA referral. It’s total bullshit. This pig says I kicked him in his right shin. I’m right foot dominant, as well as right hand. He asked me to step out for cell search. That would have been the 4th damn time that week. I refused. He said, “you’re serious?” I said, “Damn right I’m serious.”

Protocol would have been for him and his partner to shut my door and call his sergeant. Instead his partner opened up a whole can of pepper spray on me. I proned out and slid due to so much spray, myself on my stomach out of cell. He started talking smack, he’s really a coward. So I turned on my side and said a few pleasantries of my own. He sprayed me some more. Guess he was surprised the first can didn’t do its job. Even his colleagues gave me my respect. That pissed him off even more. So of course he clipped me for my TV, fan, ripped some family photos in 3 pieces, and who knows what he did with the others. This C/O has a history for being a dirty pig, and a lot of his co-workers don’t like him, not even his Lieutenant.

Needless to say, I’m now in ASU. What this RVR should have been was a simple “obstructing DVR.” I would have got that time back, but he had it in for me ’cause I made him look like a punk-ass coward in front of his partner a week prior to this incident. I snatched things he would try to take from me out of his hand, and told him, “before you think of taking things from me you better call all your buddies to do it, ’cause you can’t do it with just your partner here.” What made him hate on me more is the fact that I’m almost 50, I’m 49 years old and am cut up with a 6 pack. I’m in pretty good shape for a man my age. I’d catch him giving me dirty looks.

Contra Costa County Martinez Detention Facility (A) module is a General Population (GP) setting that houses northern Hispanics and African American prisoners. The prejudiced treatment of hispanics who are classified on (A) is a continuous issue and the rules seem to bend for us. As a result of an incident in 2011, we were separated from all other GP races. This continues today although we can program in all other GP modules. In 2012, we were subject to lockdown style program of 3 hours free time a week, no bible study, etc. This lasted up until 2015. Note that none of us were even involved in violating Title 15 §1083, yet were treated as we if we were in fights even straight from intake.

We on (A) live amongst GP African American prisoners, as well as others, and other hispanics. Yet we are still “Administrative Separation”(Ad-Sep). We seek an integration process to all other GP units, including the other jail (Contra Costa County - West Detention (WCDF)), which is for less serious offenders and offers more opportunities, programs and privileges. We acknowledge current overcrowding issues. However, there is no reason why us GP prisoners are deprived of those same opportunities: vocational, parenting, etc. Especially those who qualify for such housing. Being deprived of such opportunities is a punishment, which is the underlying issue here. We’ve been battling administration through verbal and written remedies to no avail. Our valid requests and grievances go nowhere, don’t reach the chain of command, are ignored, we are given inadequate responses, and denied appeal rights. Even when attempting to follow policy regarding grievances it falls on deaf ears.

Another thing we seek to battle is the biased intake process, where we are left on (2) intake/disciplinary mod for unreasonable amounts of time without write-up, hearing, or a procedural due process.

As of 4 August 2017, approximately 72 inmates are on hunger strike due to these injustices. The following are the demands turned in to the administration:

We’ve been seeking just treatment through verbal and written remedies to no avail. This does not get us nowhere. We will be boycotting such prejudicial treatment. Following are more than fair demands that are not out of reach to administration and just according to inmate rights:

1. Cease Ad-Sep label: Equal treatment to those who’ve not committed any infractions within the jail. Non-existent Ad-Sep label creates a negative aura which pursues us all the way to our cases. We’re forced to leave (A) in shackles giving negative impressions in court, lobby visits, etc. Ad-Sep does not exist in Title 15 and inmate handbook. No one asked for Ad-Sep, Ad-Seg, or special housing during intake process. We are GP, should be treated and labeled as such. Just like (B) and (C) inmates who’ve not broken any rules. Cease punishment violating T.15 §1083(c) over 2011 incident, cease Ad-Sep label because of a bad environment created by classification affecting us in our case.
   
   
2. Start process of integration to all GP units including WCDF. If this is not immediately possible there is no reason why we can’t receive access to all other programs available in those parts of the jail, such as vocational, parenting, etc. Those who qualify for WCDF should receive opportunities. To deny such opportunities is to bestow a punishment we don’t have coming, which is the underlying issue here.
   
   
3. Create adequate grievance process, following policy, and chains of command when there is in fact a valid grievance. Provide appeal rights that are denied and give adequate responses.
   
   
4. Cease biased intake process where inmates destined for (A) are left on (Q) for unreasonable amounts of time deprived of GP setting and privileges without write-up, hearing, creating negligent meal service by having PCs serve food. You make room for those punished from other mods, you can make room for those without any type of infractions.
   
   Note: We have set forth reasonable and realistic requests and grievances. In a nutshell we simply wish to cease biased treatment and be treated like all other GP inmates. We acknowledge overcrowding problems regarding housing circumstances. However, we should not be denied access to those programs and opportunities. We are separated/segregated from other races unnecessarily. As well as treated with prejudice from setting foot in intake to court.
   
   References:
   • Title 15 §1083(c)4019.5 “Punishment to inmate/group over others actions” (2011 incident)
   • 14th Amendment “equal protection of the law” - cannot treat inmates differently than others without reason (race is not a valid reason)
   • Title 15 §1053 Ad-Seg (not fitting criteria)
   • 8th Amendment “Due process procedural rights” (violated)

MIM(Prisons) adds: In July 2013 prisoners at MDF staged a hunger strike from Ad-Seg. Some of the demands related to clear classification and adequate rec time echo those of the comrades on strike now. Despite the report of victories, we see similar problems continuing at the same jail in 2017. This is why winning some reforms should only be seen as the first step of a struggle and not the end. The imperialist system is based on national oppression after all.

We support these comrades’ just demands, which ally with ongoing campaigns to end long-term isolation as well as to provide proper avenues for having grievances heard. As the comrades point out that this treatment based on supposed affiliation with people who did things before they were even in this jail is an obvious violation of basic civil rights and just treatment. We work to build the anti-imperialist movement so that we can replace the current system with a just one.

There was a raid on two cells looking for contraband and supposedly there was a cell phone found. Now this is understandable to me as there are rules. But all four people were handcuffed behind their backs and left in seaprate showers for almost two hours. Despite yelling at the COs to have the handcuffs removed, that their shoulders and arms were going numb and dead they were ignored. It took for one of the inmates to yell for a medical emergency after 2 hours of the behind the back handcuffs to be removed, and waist chains to be applied.

Now mind you this is only one of the four people who are locked in a shower with no toilet, no water and handcuffed behind their backs. So after that only one person was taken out. These COs still did not uncuff the other three individuals but left them in the shower. It took them all to call out for a medical emergency to be uncuffed and moved to proper holding cells which is just another CDCR word switch as all cells are the exact same cages they were in the 90s and early 2000s.

These CDCR tactics are used when COs feel that their time is more important than the inmate as they must write reports and match their stores. CDCR has supposedly done away with the inhuman treatment of human beings by limiting the time we as people are allowed to be handcuffed behind the back in an already secure cell. In this case a shower was used with manual locks no water or restrooms. I personally witnessed four humans locked inside a shower from 6am till after 8am due to a cell raid where supposedly contraband was found or at least what as thought to be contraband.

How does these inhuman acts keep occurring in CDCR if the “R” in CDCR is for rehabilitation? Who is here to watch and make sure the rules are being adhered to? If COs are writing the reports, investigating the reports and finding us people who are inmates and human beings guilty or not guilty of the same rule violations they allege. Where is the transparancy? Who is here to set the record straight on our behalf.

There are rules in place to stop this type of abuse of being left in a cage/shower for 2 hours cuffed behind the rack. When CDCR procedure states it is 30 to 15 min I’m told. Yet who can tell the inhuman treatment we face but us the guilty or not guilty of CDCRs human populace.

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.”

2. “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.