Federal Prisons

Recently I received notice of change to regulations number 12-03, publication date 25 May 2012, effective date 10 May 2012, that is said to affect sections 3000, 3375 and 3375.6. It states the California Department of Corrections and Rehabilitation (CDCR) seeks to establish requirements for an automated needs assessment tool to be used to place prisoners in programs that would aid their re-entry to society and reduce their chances of reoffending by identifying the criminogenic needs of offenders.

The presentation appears to be harmless, but it is not harmless for those ignorant enough to boast about their gang involvement, family criminality, and other sensitive factors that will become readily available and quickly cross-referenced and correlated with information contained in intelligence files. In addition, the information gained from the compass core assessment official record can be used as an “administrative determinate” under 15 CCR 3375.2(b)(11) in addition to 3375.3 (9)(4)(A) & (B) which is the foundation not only for validation but for intelligence analysts.

Issuing a list of demands to prisoncrats telling them what their validation process should be is ludicrous, as is the idea of telling your body when it should have the urge to excrete. Cats are quick to want to make demands without any leverage, though prisoners no matter where they are confined, have economic leverage that they are not willing to exercise because cookies are of more immediate import.

Since the 1880s the concept of boycotting, or organizing to engage in a concerted refusal to have dealings with prison/jail stores or commissaries, has been a very powerful tool. In California it deprives the CDCR of a source of revenue. It also affects the bottom line of prison profiteers, whose profits are guaranteed by what amounts to cash transactions for hundreds of millions in profits and revenues, courtesy of prisoners who lack the will to sacrifice luxuries for a while in order to exercise necessary economic leverage, to compel some administrative change.

Prisoners in California should remember that canteen goods originally were purchased at wholesale prices and then marked up 10% and the proceeds over the costs and expenses went into the prisoner welfare fund to finance many programs and activities that benefited prisoners. This changed with the rise of Pete Wilson, the governor who used prisoner welfare funds to help finance a re-election bid which opened the flood gates for all sorts of misuse of the foundational purpose of the prisoner welfare fund.

The validation process is a means of control and manipulation that I have noted that some general population prisoners and sensitive needs yard (SNY/PC) prisoners embrace as a sort of badge of honor, only to belatedly find out the effects. In ULK 26 an Oregon prisoner points to the most significant problems with the divisive nature in the development of LOs who are in competition with each other.

It’s common for me to hear cats hollering that they are Blood this, Blood that. Crip this or Crip that, Norteño, Southsider, Bulldog, skin head, nazi, etc., trying to tout some bogus gangsta facade that ordinarily would land them on Corcoran SHU 4B and validated. These boastful cats are easily co-opted and manipulated. Their delusions of grandeur provide Institutional Gang Investigations (IGI) with a wealth of intelligence via their eyes and ears on the tier.

A perfect example is the Corcoran prisoner’s statement about cats in ASU I (Administrative Segregation) laying down in fear of IGI retaliation for exercising their right to file an appeal! Typically conversations over the tier are recorded when IGI doesn’t have a reliable agent to make note of what he sees and/or hears. As to the idea of not taking a cellie as a form of protest, the typical response is privileges taken for 90-180 days and 60-90 days of early release credits are taken. Cats who are addicted to sports programs or television or canteen will cave in every time because they lack the will to sacrifice luxuries for the cause.

Prisoncrats treat gang membership or association as a tool of extortion used in their agenda of touting the violent nature of street or prison gangs.

The CDCR is rife with crooked officials and staff and the secretary, governor and legislature are unable and unwilling to purge itself of those who regularly falsify reports. Supervisory staff/officials fail to address the problems so as to encourage the misconduct and repression. At the same time they are quick to feed a naive public a laundry list of bogus incidents to justify the administration’s unwillingness to reform itself.

I try to examine all aspects of the criminal injustice system to see what tactics we can utilize in our struggle effectively, even if I have to employ them alone. I sacrifice luxuries already so I know it’s possible and a little something for all to consider.

MIM(Prisons) responds: This comrade raises a good topic of discussion: it’s important we evaluate the tactics that will be effective in fighting prison repression. There are a limited number of protest options available to prisoners, and some will be more effective than others. Whichever tactics are best may vary by prison or state, but the fundamental task of building unity for the struggle remains the same across the entire criminal injustice system. Comrades in California continue to strategize on the best ways to build on the recent prisoner rights activism there. Join United Struggle from Within and work with other anti-imperialist prisoners so that we aren’t stuck employing tactics on our own, but rather in a united front across facilities, organizations and nationalities.

I am writing to your publication to report some troubling statistics concerning Black men incarcerated, the parole system, and the latest Supreme Court cases regarding parole denials.

Black men incarcerated

There are approximately 27,494 Black males in the New York state prison system (50.8%) - New York State Department of Corrections and Community Supervision (DOCCS) - and, that’s over half (51%) of the prisoners in custody as of January 1, 2011, according to DOCCS Under Custody Report: Profile of Inmate Population. These figures are extremely drastic, appalling and warrant investigation by the United Nations, because Blacks are being targeted to fill up NYS prisons in order for certain whites to maintain employment in the rural areas up north in NY.

Black females incarcerated

In NY prisons DOCCS is warehousing 965 Black females (43.7% of the female prison population). Of the total number of prisoners (54,109) under custody in NY (including DOCCS, jails and other facilities), 2,206 (3.9%) were Black female, according to the Under Custody Report (2011). Compare these statistics to the white prisoners women who are only 1.5% of the prison population.

Blacks and Parole

Dating back almost 50 years, the Board of Parole (BOP) commissioners have been denying parole to Blacks more than any other ethnic group in NYS. Despite our (Black male and female) efforts to rehabilitate ourselves via obtaining education (GEDs, mandated programming by DOCCS and college), the BOP continuously denies Blacks parole at an alarming rate compared to other nationalities. Also, for years the BOP has utilized the nature of the crime as the sole reason for denying Blacks parole - although the nature of the crime (NOC) will not change - it is whatever someone was locked up for. This means that those convicted of some crimes have no chance at parole no matter what they do in prison. This amounts to the BOP admitting that prisons are not about rehabilitation since the one thing a prisoner can not change is the NOC.

In a recent ruling the court wrote: “…they [BOP] cannot base their decision exclusively on the seriousness of the crime and must explain their denials in detail…”(1)

On March 31st, 2011 several significant amendments to the Executive Law (BOP) were signed into law - including Executive Law (Exec. Law) 259-c(4); however, BOPs “lawlessness, arbitrariness and their refusal to follow the mandates of the legislature…” warrants an independent investigation by the United Nations (UN) for further scrutiny about denying parole to eligible inmates who have earned their freedom by doing the right thing (i.e. completing their minimum, taking responsibility for their crime(s) and obtaining their mandated programming).(2) If you are reading this article and you have been denied parole after March 31st, 2011, or you know someone in NYS-DOCCS who has been denied parole unfairly, then please be aware of the following cases recently appealed by inmates that - as a result of their litigation - were released:

1. Velasquez v. NYS Board of Parole (Feb 6, 2012)
   
2. Thwaites v. NYS Board of Parole, 934 NYS 2d 797 [see also Pro Se, Vol 22 No 1] and;
   
3. Winchell v. Evans, 27 Misc. 3d 1232(A) (Sup.CT.Sullivan Co. June 9, 2010), [reported in Pro Se, Vol.20, No.4].
   

Out of twenty years of my incarceration, I have witnessed the BOP deny parole to many men and women based upon their nature of the crime - despite their efforts to rehabilitate themselves. Some of these people have earned Master degrees, Bachelors and the minimum of an Associate degree, only to be denied by the BOP commissioners who judge the prisoners for a period of 15-30 minutes, if that, during their parole hearing.

The nature of the crime doesn’t, will not and cannot change so why are we being denied parole solely based on the very element which will not ever be different?

Conclusion

In my humble opinion - after serving 20 years in NY DOCCS - the only way we prisoners will receive justice is by taking our case to the UN for review. How do we attempt to go about this? Reflect back on the Egyptian people and how they were successful in spreading the message of support for their cause via internet. This tactic will have to involve our families who are already walking around with cellular phones all day so this should not be a difficult project. I strongly believe that we can change the BOP unfair practices against us Blacks and Latinos. If we care enough to work together, putting your petty differences aside to bring our relatives home. Our family members have served their time, changed their lives by establishing entirely new ways of thinking and by obtaining higher education. It’s time now for our people to step up and support our cause for challenging the BOP unfair parole denials against Blacks and Latinos.

MIM(Prisons) adds: As we reported in our review of The New Jim Crow, these statistics on national oppression in the criminal injustice system in New York mirror what happens across the United $tates. This author makes a good point about parole hearings and reasons for denial. If parole is going to be based on the very crime for which someone is locked up, there is no point to having a hearing. If prisons in Amerika were truly serving a rehabilitating purpose, the work prisoners do educating and changing themselves should be the primary basis for granting parole. It is good to hear that some court cases are being won on this front.

We do agree that this is a battle worth fighting to help get our comrades onto the streets sooner, but we don’t anticipate the imperialist-dominated United Nations to offer any support for the oppressed people of the world. We may win small reforms through the courts and with mass protests, but the only way to truly put an end to the criminal injustice system is by dismantling the imperialist system it serves.

I have received a response from the Warden - Ms. Susan Jones - who was only temporary (we’ve had three wardens in the last 6 months here at Fremont Correctional Facility) and it was a two paragraph “toe-the-CDOC-company-line” statement of how CDOC has a solid policy for grievances and all are addressed all the time. Basically a complete lie, as it did not raise serious awareness for our issues here at FCF.

However, there have been at least 30 inmates who filed the Colorado Petition that I know of for a fact, and only a few of us actually got a response, the identical B$ response that CDOC is doing the legally right thing, BLAH BLAH, BLAH, and that these matters have been addressed. Well, they literally have done nothing, and now with another new warden, all petitions were also reported to the U.S. Attorney General’s Office as per the petition design, so at least somebody outside Colorado’s corrupt system got the same message. I have not received a response from them, nor has anyone here that I know of.

MIM(Prisons) adds: This comrade is building off the grievance campaign that is spreading across the country. The petition for Colorado was designed for exactly the situation described here: prison administration ignoring prisoner’s grievances while pretending they are following policy.

This campaign is part of the United Struggle from Within organizing work to gain some basic protections for prisoner’s legal rights. We know that under the existing criminal injustice system we will never have broad sweeping change. But as long as we live in a bourgeois democracy, and not a fascist state, we can win battles holding employees of the state to their own rules. And the rights won through grievances create space for prisoners to organize and build the anti-imperialist movement. Write to us for a copy of the petition in your state, or to create one if it doesn’t exist.

Without a doubt, prison is a microcosm of “free world” society and with that being said, revolutionary-minded men and women who are serious about combating oppression face similar struggles that “free world” comrades face. Earlier this year, on this unit I sat down with two of my comrades to discuss how we could awaken and revolutionize the minds of the proletariat on this particular unit. The proletariat group we were specifically interested in were those who worked in the Prisons Factory/Textile mill on this unit.

What prompted this discussion was the arrival of a new plant manager who was implementing a new oppressive system. Now I want you to remember in Texas, inmates are not paid anything! Some years ago when the feds took over Texas prisons, a question was put forth to offenders “would you like to get paid for your labor or would you like to receive good time and work time credits toward your sentence?” Offenders were bamboozled and hoodwinked into choosing good time and work time credits. I say offenders were bamboozled and hoodwinked for this reason: I have seen numerous men who had time slips that have shown a combination of flat time, good time, and work time exceeding their sentence length! In some cases I have seen time slips in which offenders have served, or more accurately been credited, 150% to 200% toward completion of their sentence. Why are they still here? I thought Texas Department of Criminal Justice had told Uncle Sam they would honor an offender’s good time and work time credits. Comrades - they lied!

So with this and other relevant factors considered I came up with an idea for a “flier” to be posted up on every housing block on Estelle urging Black men, Brown men and white men to stand up. Basically I was calling for a work strike to protest the 10 hour work day and the austerity campaign implemented by the new plant manager. Please note in 2011 the Textile Factory at Estelle Unit made about $1.8 million. How many deodorants, toothpastes, or “zim-zims” and “wham-whams” do you think the prison workers received for their labor? Zero, nada, zilch!

In the aftermath conditions improved slightly inside the factory. Prisoners still aren’t paid a penny and are treated like scum. However, there is more than one way to skin a cat. With the application of the dialectical problem solving method as well as employing some “covert” tactics the struggle continues, it’s just not “televised,” or telegraphed.

MIM(Prisons) responds: We commend the scientific process undertaken by this comrade to think through the contradictions within the prison and figure out what strategies and tactics will be most effective in pushing the movement forward. This is the discussion and debate that we must undertake within each state and prison.

While the proletariat in U.$. prisons is a small minority (see previous articles on prison labor), these types of organizing strategies are useful in many situations where prisoners are employed in running the prisons themselves.

I just got done reading Retaliation for Hunger Strikes and New Protest Ideas in ULK 26. My prayers go out to the comrades in the California prisons and every other state’s human warehouses who have to suffer from retaliation when we exercise our rights. Although Missouri isn’t gang affiliated as bad as most states. We still suffer from racist DOC workers who enjoy making our time hard.

I want to touch on what the CA writer said about prisoners running scared. Man this is common here as well. It’s hard to get unity in a place that only wants to divide and conquer. Why would these professional kidnappers want us to unite? They know when we turn against each other, some will eventually turn against themselves. When this happens we as a whole crumble like cookies in a closed fist.

I like to use this metaphor a lot when I am talking through my cell door to other comrades. Picture this, in one hand you have some sugar, in the other hand you have feces (shit). Now there comes a time in everyone’s life to choose what they want so they can push forward in life. You have to pick which hand you want to live with, because sugar and feces do not mix!

Every state human warehouse has it’s own ways of suppressing us. We as a whole should never look at another comrade across this racist country as if we’re better off where we’re at, with comments like, “at least we don’t have to go through what their going through.” No, you’re wrong for saying this or even thinking this way. Each of us are comrades (soldiers) in this struggle and when one comrade hurts we should all feel it. When one comrade falls down after so many battles with these racist pigs, then we all should help him up and protect his mind, because let’s remember they may have our bodies, but they will never get our minds unless we give it to them.

So let’s choose the hand with sugar in it. Stop the cookies from crumbling and unite as a whole. Then enjoy the sweetness of overcoming our oppressors. Keep fighting CA comrades and know you’re supported even though I’m in Missouri. Do what you have to do to let them know. But stay healthy in the process. A soldier, a comrade always stays in training, both mentally and physically. Stay up and always stay real!

MIM(Prisons) adds: This comrade demonstrates in practice how to uphold the Unity principal of the United Front for Peace in Prisons. “WE strive to unite with those facing the same struggles as us for our common interests. To maintain unity we have to keep an open line of networking and communication, and ensure we address any situation with true facts. This is needed because of how the pigs utilize tactics such as rumors, snitches and fake communications to divide and keep division among the oppressed. The pigs see the end of their control within our unity.”

The control units here were designed for prisoners the state couldn’t control physically. Later it became a place for those it couldn’t control mentally as well. Example: I was placed in Administrative Segregation immediately upon my arrival in the Texas Department of Criminal Justice (TDCJ) because of tattoos. These were used to confirm me as a member of a Security Threat Group (STG). I don’t deny I am a member of [an organization]. However TDCJ made it a rule violation to be a member of any STG. All members are placed in isolation, no matter if they participated in clashes or not. I was never given a chance in population nor is any other confirmed member of any STG. We are all judged on the actions of others who are/were incarcerated.

If an organization will give over a list of its ranking structure and work with the state, then the label of STG may be removed. Prisoners can return to population if they participate in Gang Renouncement and Disassociation. Yes, it’s a program and they attempt to program the individual. It’s straight up brain washing.

All organizations (or gangs as they call them) were in population somewhere. Only by their own actions should they be segregated, admitted to the Special Management Unit or ADX.

MIM(Prisons) adds: Across the country prisoners are placed in isolation based on labels the prison imposes on them. Often this has to do with who the prison administration thinks they associate with, and nothing to do with the prisoners’ behavior as described above. Either way, these isolation cells are torture, causing many to become both physically and mentally sick. MIM(Prisons) is keeping one of the most comprehensive counts of control units as a part of our campaign to abolish control units. To help collect statistics for your state write to us for the control unit survey.

This report is on the conditions at California State Prison - Corcoran 4A SHU (CSP-COR). It is written with the purpose of sharing with comrades locally and nationally the demise of the movement here at CSP-COR, and what will be necessary for comrades of the United Struggle from Within (USW) to regain momentum uniting those capable of being united in the struggle to abolish the Security Housing Units (SHU).

The author has been housed at CSP-COR SHU on an undetermined SHU sentence that resulted from a battery on a peace officer with serious bodily injury. This was an event orchestrated by Kern Valley State Prison’s corrupt guards. Any prisoner who has been somewhere within the California prison system knows the history of CSP-COR and the high degree of guard corruption; everything from murder and police brutality to conspiracy against prisoners for complaining against officials. Here at CSP-COR I’ve personally witnessed staff abuse the power bestowed upon them by California and its California Correctional Peace Officers Association (CCPOA) union for the purpose of keeping their foot on prisoners’ throats and preventing our freedom of speech.

There is a code of silence practiced by the majority of staff at CSP-COR, dubbed the Green Wall, and it’s alive and well here in 2012. Where once it was isolated to those in green (correctional officers) it has now spread to those within the medical department (nurses, doctors, and psych staff), the legal library, the mail department, the food services department, and the religious department. This is not to say that every person who works for the CDCR is a part of the Wall; there are individuals who can be used to expose the system for what it is. But the state’s institutions seem to be uniting its forces more these days against prisoners for the sake of covering up the problems and sweeping important social issues under the rug.

On 4A, the law librarian prevents any access to his facility unless a prisoner has a deadline from the courts or a state. The prison law library is the most important resource for prisoners, providing literature that guides the ability of prisoners to more effectively prosecute cases in the judicial branch of this government. Prisoners need things like computers, copies, typewriters, reference material, etc. The CCPOA knows this and take away prisoners’ access to one of the most important resources they have through understaffing and budgeting. Political power in the hands of prisoners presents a threat to the financial security of every vampire of the U.S. prison complex. And because it is not only a possibility but also a social reality, the state and the union seek to stall the success of the prison movement, particularly in the area of free speech, free assembly, and right to grievance which becomes free protest.

I’ve also witnessed officials censor prisoners’ mail because the contents of the correspondence or periodical didn’t sit well with the agenda or idea of the state-union establishment. Often a pig in the position of sorting incoming/outgoing mail is issuing, withholding, or completely disposing of a prisoner’s mail for malicious reasons. Brothers at Corcoran SHU have a difficult time just corresponding with the outside world. Officials with their personal vendettas, and most times negligence, confiscate materials such as stationary packages sent to a prisoner from their family. They then turn around and try to trade the material with another prisoner who has filed a grievance against them in exchange for the prisoner’s silence on the subject of the grievance.

They trash mail that may expose the reality of the state-union corruption. Most times they secure the support of the public by declaring the “security” threat as a threat to the public. But if the matter was placed under the microscope where the real public could hear and see the position of prisoners, they’d be forced to recognize that the blood of prisoners are on their, the public’s, hands.

California uses a department regulation 3135(c)(1) in order to validate censorship practices in its prisons holding that the material is “…of a character tending to incite murder, arson, a riot, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.” Most times, though, this isn’t even the case. It isn’t the security of the public that is at stake, it is the financial security of the labor aristocracy that is at stake.

After the Pelican Bay State Prison (PBSP) hunger strike prisoners received a number of small concessions from the state. Here they’ve already begun to renege on their deal. They allow brothers to wear their personal kicks and at times purchase new kicks. There are clear color pen fillers on the store, beanies are issued in the winter, and someone from the psych staff walks around once a week and passes out a sheet of paper with eight to ten puzzles and a calendar for the Jewish month. But CSP-COR officials don’t even recognize the elements with the most material substance of the PBSP core demands. There is no group yard, the cages do not have pull up bars, and the ab-roller equipment that was issued has been banned. The canteen has not been expanded, there haven’t been any added TV stations, and prisoners still can only receive one package per year.

The guards are banning Prison Legal News and MIM(Prisons) publications, but allowing religious periodicals like the Trumpet. Any attempts by prisoners to come together to figure out how to curb such BS is interfered with by means of vandalizing cell inspections, shortening food rations, confiscation of property/privileges, and bogus rule violation reports. Take, for example, an event that occurred where various Special Needs Yard and Disciplinary Detention prisoners of Black, white, and Latino nationality were on the cage yard exercising together, calling out their routine in cadence to coordinate the exercise routine. The yard pig approached the group and interrupted their exercise stating they’d have to cease the group work out as it was gang activity. The prisoners objected asking, “was the Marines a gang?” The pig wouldn’t answer, so they continued exercising. The pig called the building where these prisoners were housed and instructed 4 coworkers that the prisoners involved in the exercise routine were to have their cells vandalized.

This is a brief description of the abuses taking place at CSP-Corcoran. There are a few class actions being initiated and a certain USW comrade is organizing prisoners (peacefully) around a campaign to oppose mail censorship. The USW comrade said it all started with CSP-Corcoran censoring MIM(Prison)’s correspondence.

Every since my filing of the MIM censorship suit I haven’t been able to get a 602 [grievance form] processed, and I was pretty good at filing them and winning them prior to the MIM suit. Since I’ve been at this prison the only 602 I was able to get acknowledged and processed was one concerning the law library, and only after two months of either having them “screened out” for one reason or another or simply being ignored. It was only because I finally got tired of their b.s., went over their heads and mailed a “retaliation and conspiracy” petition to Sacramento along with a quick letter explaining my situation.

Afterwards I not only got a letter from Sacramento telling me they’d sent it back to appeals court with instructions to properly process, but I got a letter from here basically reprimanding me for going over their heads; but it got the job done.

MIM(Prisons) adds: This is a good example of perseverance in the face of repression, following in the footsteps of a similar victory in Kern Valley this month.

I got the grievance petition, and I need more. 350 copies is only enough for 35 people, and I’ve got 144 on my pod x3 pods my building x8 so send me some more please.

Also, I got a reply from the state bar of Texas. They sent info on how to complain about your [state-assigned] attorney that we can use for the grievances in TDCJ.

I did get a response in person from the grievance regional investigator in a personal interview. They basically told us to keep filing grievances and they will work on problems.

MIM(Prisons) responds: We commend this comrade for his ambitious work to spread the Texas grievance petition to every prisoner in his institution. But it is quite costly for us to make so many copies and send them in so we need to encourage everyone to make their own copies if possible. We know that sometimes this will not be possible, and if this is the case for you please explain why and we will try to supply you with the necessary copies.

At this point details of the agreement are unclear, but sources say that the hunger strikers are satisfied and feel they achieved results. One source described the demands and the warden’s response as “reasonable.” Without going into detail, the main concerns were in regards to commissary cost, state pay rates, phone cost, length of stay, and harsh penalties for petty conduct reports. The warden said that he discussed “many issues” at the meeting with strike representatives, “many things beyond the main demands,” but he would not share any of the details.

The strikers are resting and recovering, but have mailed detailed information to outside supporters at Redbird Prison Abolition, which will be released to the public as soon as possible. The warden admitted that one of the hunger strikers was transferred to disciplinary segregation for unrelated rule infractions, but stated that there were no reprisals or punishments for participating. One prisoner source agrees with this statement.

The hunger strike began on April 30 and was timed to align with May Day protests outside.

MIM(prisons) adds: This hunger strike demanded many reforms related to conditions in the prison. As with hunger strikes from California to Palestine, the prison administration made promises to get the prisoners to end the strike. At least one prisoner resumed the hunger strike on June 4 after the warden failed to follow through on his promises.(1)

Hunger strikes are becoming an increasingly popular tactic in the struggle against the criminal injustice system. Prisoners are forced into a position where there is very little they can do to fight for their rights. The legal system refuses to respond, grievances are ignored or destroyed, and on the streets there is more support for “getting tough on crime” than for prisoners’ rights. And so prisoners feel their only choice is to put their lives in danger by refusing to eat.

MIM(Prisons) supports outbreaks of organizing and struggle against the criminal injustice system, and we urge prisoner activists to take seriously the need for study and organization before taking action. Not everyone will be a communist, but we can all advance our theory and practice through study and discussion. And we need good organizing theory to make the best use of unity and actions.

A good place to start is the United Front for Peace Statement of Principles. Struggle with us if you disagree with any of them, and if you agree, come together with prisoners across the country to build our unity and struggle.