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.”