MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
This strike is being done peacefully, but yet one of my fellow prisoners
in support of the hunger strike was assaulted by IGI [Institutional Gang
Investigations]. Not once did he try to resist, and everywhere we go we
are in restraints.
I’ve already lost 2 pounds, which is nothing yet, but I’m a man who will
see this through till my body seizures. I’m well aware that my medical
disorder (seizures) is something not to be playing with. I will stay
positive and focus on the big picture of what’s important: change. I’m
not in Pelican Bay, but I’ve been validated and since March of 2009 I
have yet to receive what I got coming.
This
memo
was given to us on September 27. No advance directive was given to any
of us who are food striking [an advance directive form allows food
strikers to designate a person to make health care decisions on their
behalf in case they become seriously ill]. I requested an advance
directive and submitted it on September 26. I also sent a copy to my
family.
I’m not alone here in Calipatria fighting the struggle. There are over
70 of us validated here who have been stuck here for over two years.
Last year there were over 80 cell extractions here in ASU. This was for
TVs, jackets and laundry they are not providing us. Nothing is being
fixed here. All Calipatria administration did was ship out 12 prisoners
who they considered the organizers.
I know the Calipatria administration isn’t taking this hunger strike
seriously. And in response to the September 27
memo
some prisoners got intimidated and decided to eat. Many do not see the
bigger picture and feel it is a lost cause.
After we stopped the first strike in July all we got was harassment,
cold food and laundry messed with even more. I’ve been asking about
receiving some disinfectant and was informed that we are not going to
get it anymore. And we get hand soap, watered down, in a milk carton
once a week per cell. We live in dirty filth here.
In an attempt to quell resistance, the above list of petty actions
have been approved according to a memo from the CDCR.
As thousands of prisoners wrap up day five of round two of the
California Food Strike, the California Department of Corrections and
Rehabilitation (CDCR) has stepped up its repression and propaganda in
response to prisoners’ demands for basic humyn rights. They have even
declared it a punishable offense to peacefully campaign the state for
these rights by refusing state-issued food.
The bourgeois press has been repeating the CDCR’s ridiculous claim that
if prisoners went on strike again it might delay reforms in the SHU
system. Their audacity is laughable. We all know the strike is nothing
but a scapegoat, and not the cause of their “delay.”
Meanwhile, they have indicated that they will make conditions worse on
three main points of the original
Five
Core Demands. All three points address the systematic repressiveness
of the whole California prison system.
MORE GROUP PUNISHMENT - Not only has the CDCR threatened that reforms
will be slowed down by another round of hunger striking, but they have
implied that non-striking prisoners will also lose their programming as
a result.(1) This is in direct contradiction to the first demand.
MORE SECURITY THREAT GROUPS - While the prisoners have demanded an end
to the arbitrary and secretive system of giving people endless sentences
in the Security Housing Units (SHU, long-term isolation) for “gang
affiliation,” the CDCR has publicly discussed broadening the “Security
Threat Group” category to include street organizations. This will mean
more people in SHU for indeterminate sentences.
MORE LONG-TERM ISOLATION - The third demand calls for an end to the
torturous practice of long-term isolation. While the state has continued
to assert that these practices are constitutional based on court
rulings, they have promised to send more prisoners to Administrative
Segregation and SHU just for participating in the hunger strike!
As laid out in the Five Core Demands, these are parts of a system of
oppression that affects all prisoners. While comrades in SHU have the
drive to put it down hardest because of their living conditions, the
CDCR is making it clear that the implications will affect the whole
system.
Even the reforms offered in the Gang Management Policy Proposal of 25
August 2011 allow the continued practice of keeping the most progressive
and politically active prisoners in isolation indefinitely.(2) While
this would put California more in line with what is done in most other
parts of the country, it is hardly progress. This proposal highlights
the political nature of the injustice system.
Even the Eight Short-term Action Items affecting prisoners in Security
Housing Units listed in a 27 September 2011 CDCR memo(3) may not be
granted to prisoners refusing to eat state-issued meals. They hope that
by granting the more petty demands that they can break up the unity of
California prisoners, convincing some to give up while they are ahead.
The unreasonable actions of the CDCR during this whole conflict should
convince any prisoner that such a move would be a mistake. There is no
indication that California will be reducing its repression, and every
indication that it hopes to heighten Amerika’s war on oppressed nations.
State of California
Memorandum
Date September 27, 2011
To All CDCR Inmates
Department of Corrections and Rehabilitation
Subject- INMATE PROGRAMMING EXPECTATIONS RELATIVE TO HUNGER STRIKES
Information has been received that a number. of inmates have engaged in
behavior consistent with initiating a demonstration/hunger strike event.
The Department will not condone organized inmate disturbances.
Participation in mass disturbances, such as hunger strikes or work
stoppage will result in the Department taking the following action:
Inmates participating will receive disciplinary action in accordance
with the California Code of Regulations.
Inmates identified as leading the disturbance will be subject to removal
from general population and placed in an Administrative Segregation
Unit.
In the event of a mass hunger strike, additional measures may be taken
to more effectively monitor and manage the participating inmates’
involvement and their food/nutrition intake, including the possible
removal of canteen items from participating inmates.
All inmates are encouraged to continue with positive programming and to
not participate in this or any other identified mass strike/disturbance.
These types of disturbances impact inmate programming and day-to-day
prison operations for the entire population. While every effort will be
made to continue normal programming for nonparticipating inmates, a
large scale disturbance of this type will unavoidably impact operations.
The Department will notify inmates and families when and if normal
programming is impacted.
SCOTT KERNAN Undersecretary (A), Operations
cc: Terri McDonald George J. Giurbino R. J. Subia Kelly Harrington Tony
Chaus Wardens
State of California
Department of Corrections and Rehabilitation
Memorandum
Date : September 27, 2011
To : All CDCR Inmates
Subject: REVIEW OF SECURITY HOUSING UNIT AND GANG POLICIES
In May 2011 the Department began the complex process of assessing the
policies and procedures associated with the Gang Validation Process,
Indeterminate Gang Security Housing Unit (SHU) Program, as well as
privileges associated with inmates on Indeterminate SHU status. The
purpose of the review is to improve our policies by adopting national
standards in gang/disruptive group management. Before commencing this
review, the Department received input from internal and external
experts, other state and federal correctional systems, inmates, and
other stakeholders While the process of policy review and change will
take several more stakeholders to implement, much has already been done.
In fact, a draft of the new policy should be ready for stakeholder
review next month. In addition, several changes have already been made
by the Department, including:
Short-term Action Items:
Authorization of watch caps for purchase and State issue. Authorization
of wall calendars for purchase in canteen.
Authorization of exercise equipment in SHU yards (installation of
permanent dip/push-up bars is still under review).
Authorization of annual photographs for disciplinary free inmates.
Approval of proctors for college examinations.
Use of California Department of Corrections and Rehabilitation’s (CDCR)
Ombudsman for monitoring and auditing of food services.
Authorization of sweat pants for purchase/annual package.
Authorization of Hobby items (colored chalk, pen fillers, and drawing
paper).
Mid-term Action Items:
As noted above, the Department is conducting a comprehensive review of
SHU policies that includes behavior-based components, increased
privileges based upon disciplinary free behavior, a step down process
for SHU inmates, and a system that better defines and weighs necessary
points in the validation process. The initial policies will be completed
shortly and upon Secretary approval will be sent for stakeholder review
and comment. Upon receipt of this input, the Department will initiate
any regulation changes in the administrative law process necessary and
implement the first major changes to the validation process in the last
two decades. Of course this work may be delayed by large-scale inmate
disturbances or other emergency circumstances.
SCOTT KERNAN Undersecretary (A), Operations
cc: Terri McDonald George J. Giurbino R. J. Subia Kelly Harrington Tony
Chaus Wardens
As you are probably aware, Pelican Bay State Prison(PBSP) prisoners [and
thousands of others across the state – editor] have resumed its Hunger
Strike, due to the California Department of Corrections’ (CDC) stopping
negotiations around its validation process and long-term isolation. My
actions, and participation in these actions are of great importance to
me, not only because it’s a just cause but because it exposes the CDC’s
long standing practices which strip us prisoners of constitutional
rights. I am also fighting this in the Northern District Court.
I participated in the July 1st hunger strike, and was one of the 17
prisoners who were tortured via a 13 or 15 hour bus drive to Corcoran.
Upon arrival I was given the Corcoran introduction also called the
Corcoran welcome during which I was assaulted by 3 prison officers, then
paraded around in disregard of my condition (weak from the hunger strike
and leg injuries from the assault, which made it difficult for me to
walk) until I blacked out. I woke up in the Intensive Care Unit on the
20th day. During my time at Corcoran I was denied all type of CDC forms
and my assault injuries were ignored as soon as I mentioned staff
assault as the cause. Upon arrival at PBSP I filed two CDC 602s alleging
torture and assault, which are still pending.
In my current lawsuit I allege racial discrimination since the gang
management targets Hispanic prisoners and validates and segregates them
at disproportionate rates in comparison to any other race. I took this
angle because most validation appeals are defeated by the courts
application of the standard which only requires the “same evidence” to
maintain a prisoner on indefinite segregation. In my angle of racial
discrimination, a different standard of law will be applied of which
will require more scrutiny of the CDC’s actions. In order to prevail I
need to show the disproportionate segregation of Hispanic prisoners, and
as you know we cannot rely on the CDC’s numbers. So I’m wondering if you
can help in providing me with an actual number of prisoners in the CDC
and their race, and then the actual number of prisoners in segregation
and their race etc.? So that we can break down the numbers and show it
to the courts.
MIM(Prisons) responds: We commend this prisoner for taking
multiple approaches to the fight against the injustice system. Legal and
organizational battles are both important. While we are not familiar
with his lawsuit or the legal requirements around claims of racial
segregation, this fits right in with our work to gather
accurate
statistics on control units in prisons across the country. We will
supply the information we have to this prisoner, and we ask others to
help with this project by requesting a survey to fill out about their
prison and any others they know well.
Today (September 26) about fifteen comrades, so far, in the California
Institution for Men in Chino, CA began an indefinite hunger strike and
we will not stop until the Pelican Bay SHU demands are met for our
comrades!
Push, pull, strive, struggle! Give Ruchell Magee, Hugo Yogi Pinell, and
the SHU comrades my love! And long live the Guerrilla!
MIM(Prisons) adds: Other than Pelican Bay and Chino, the Hunger
Strike Coalition has reported that prisoners in Calipatria, many of whom
are in isolation awaiting space to open up in SHU, will also restart
their hunger strike today. People on the outside need to step up the
pressure again to support these comrades who are putting their lives on
the line for basic rights for all California prisoners.
“The humaneness of a society can be judged by its prisons.” - James
Doare
On August 23rd, San Francisco Rep Tom Amiano and the Public Safety
Committee in the state assembly held an informational hearing on
conditions and policies at Pelican Bay - SHU (and we assume the SHUs
here at Corcoran and Tehachapi as well). The NCTT Corcoran-SHU wishes to
express our support for the people and organizations who have mobilized
to lend their voices to this vital human rights initiative which began
with our July 1st hunger strike and will not end until the 5 core
demands have been appropriately addressed, the fundamental human rights
initiative which is acknowledged, and the basic inhumanity of the prison
industrial complex’s use of sensory deprivation torture units is exposed
and abolished.
But why should you care? Why should you care - men are being
systematically subjected to psychologically torturous conditions in your
name and with your tax dollars? The answer to that question requires you
to have certain facts and accept some inconvenient truths. Prison is a
socially hostile microcosm of society itself; a concentrated reflection
of the contradictions of it’s myriad socio-economic and political
relationships, composed primarily of the surplus labor segment of the
U.S. population. The SHU is a prison within prison, and the ultra-high
security isolation units like Pelican Bay SHU’s D-short corridor and
Corcoran-SHU’s 4B1L-C section are CIA style, experimental, psychological
torture units.
Following the temporary halt to our peaceful protest on July 20 to give
CDCR time to make some meaningful changes in line with our 5 core
demands, Scott Kernan’s first act was to publish a statement in the
Sacramento Bee characterizing us as “violent gang leaders who’ve
committed horrible crimes against the people of California”, as though
we are not a part of the people. I think it is of vital importance that
this, as well as the actual motive force underlying such thinking be
addressed.
Over the last 20 years there has been a successful campaign to demonize
those convicted of a crime in the U.S., and a degree of social
indifference in how they are treated. Through the successful efforts of
such lobbies as the California Correctional Penal Officers Association
(prison guards union) and it’s front groups such as ‘Crime Victim
United,’ and with the assistance of mainstream media programs covering
everything from America’s Most Wanted to Cops; from
Dateline to your local news. The public has been systematically
indoctrinated to not merely fear “prisoners,” but to effectively
dehumanize us as some subspecies of not quite humanity.
Your entertainment programming is 75% crime and punishment content, from
the Law & Order franchise to CSI, from
Justified to Hawaii 5-O, which not only brings in
millions of viewers and sells billions of dollars in products annually
via advertising, but divorces the so-called “criminal” from the human
condition and casts him/her in the role of perpetual villain in the
subconscious mind, deserving neither rights, compassion, or basic
humanity. This was not some unconscious effort on the part of your
elected officials, public servants, and corporate entities, no, this was
a conscious program to dehumanize a specific segment of the U.S.
population in order to ensure the speculative profits of the burgeoning
- and now well established - prison industrial complex would go
unchallenged and unprotected.
The fact is the origin of crime is relatively simplistic: the origin of
all crime can be inexorably traced to the disproportionate distribution
of wealth, privilege, and opportunity in a society. So what we find here
is not a matter of public safety proponents versus criminal fiends or
“gang leaders”, but more accurately an internal contradiction of the
state itself which pits public safety versus social control and profit.
Contrary to the propaganda of politricsters such as Mr. Kernan,
California SHU’s are not inhabited by the “worst of the worst,” and
especially not in these ultra-high security isolation torture units like
Pelican Bay SHU’s D-Corridor or Corcoran SHU’s 4B1L-C section. In fact a
significant segment of this population has been consigned to these
dungeons decades on end solely based on their political ideology and
world views. Left-wing political ideologies and revolutionary scientific
socialists are labeled “gang members” and tossed in the SHU with no
thought to the contradiction this presents to the constitutional basis
of freedom of speech, thought, and expression.
The truth of the matter is most here in Pelican Bay SHU D-Corridor and
Corcoran SHU 4B1L C Section haven’t had a rules violation, let alone
broke a law, in decades. Institutional gang investigators claim to seek
to mitigate the violence and socio-economic damage allegedly caused by
“gangs” - yet the NCTT in Pelican Bay and Corcoran SHU over the course
of the past 2 decades alone has developed and attempted to initiate
numerous programs that would effectively do just that, and even more.
This hearing was a prime opportunity to declare, if the state will truly
make rehabilitation their primary objective they may:
Meet in full the 5 core demands of the SHU human rights
initiative, acknowledging the dismal failure of their “lock em up -
lock em up” philosophy and its fundamental social and economic
unsustainability
Restructure the entire correctional system and approach to
imprisonment.
Mandate safe, clean and healthy rehabilitative environments where higher
education and viable wage job skills are offered to all prisoners
ensuring they can compete in today’s technology society, ensure parole
suitability, and make meaningful contributions to the community,
institute community based parole boards, where the communities prisoners
hail from decide when they can return to them.
Re-institute media access and transparency
Re-institute community ties programs such as social and family visiting
for all prisoners, especially those in SHU-indeterminate units
Develop community reintroduction programs where prisoners have a
community based support network that helps them re-acclimate to society
and be re-integrated successfully.
Disband the CCPOA’s stranglehold on elected officials which range from
DAs and judges to the governor himself.
If this were to occur, crime and recidivism rates would drop, prison
populations would decrease drastically (as would the violence which
plagues them), thus failing to justify the fiscal expenditure for all
these prisons, cops, guards, prosecutors, judges and many industries
which serve them. The CCPOA’s power would wane as it’s membership and
dues decreases. The state will not make rehabilitation (which begins
with humane conditions of existence) their #1 priority because this is
not in their economic and political interests.
MIM(Prisons) responds: This NCTT statement does a good job
exposing the criminal injustice system as a tool of social control with
no real interest in actually addressing crime or rehabilitation. We do
disagree with one point here: while the vast array of people working in
and around prisons certainly are motivated to protect their high wages
and benefits,
prisons
themselves do not make a profit and so can not be working to protect
their “speculative profits.” As this article notes, those working on the
side of the prison system do have a strong motivation to sustain and
even grow them, but this is for social control fundamentally.
In early May 2009 over 125 prisoners of all nationalities came together
for a food strike in United $tate$ penitentiary, Lewisburg, PA to
protest their confinement and conditions in the newly opened Special
Management Unit (SMU). Hundreds of letters were sent out to media
outlets across the country and SMU prisoner family members were called
who then contacted national news services. The administration conducted
talks with two prisoners who were the alleged “ringleaders” of the food
strike on ways to remedy the situation to try and stop the strike. Their
story was never heard about on TV or in the newspaper, nor locally in
the Pennsylvania paper The Daily Item.
Part of the food strike was to protest for more commissary items since
the administration had refused to allow soap or shampoo to be sold on
the store list. Their reasoning was that the one tiny bar of soap the
correctional officers gave out once a week was sufficient. Also there
were no food items, not even coffee being sold to prisoners, nor were
they allowed radios in their cells or personal shoes, and a big part of
the strike was to protest double bunking in the newly created Super-Max.
The media didn’t think this was a story since many prisoners gave in to
finally eat after the administration threatened to force feed after
people passed out from malnutrition. A couple prisoners were even fed
intravenously by force after being cell extracted.
Family members of SMU prisoners have since created websites and chat
rooms to discuss and expose the harsh procedures and conditions their
loved ones are facing. The Lewisburg Prison Project has sent concerned
citizens into the SMU to talk with prisoners and administrators, some of
whom have recently been allowed to tour the facility and speak to Warden
Bledsoe who claims the 2 plus year forced Super-Max program for the
“worst of the worst” is working. The Lewisburg Prison Project has been
pushing for single-cell status for prisoners like in the ADX, Florence
CO to ease tensions created when two people live in such a confined
area. Sometimes days will go by and cellies no longer talk to each
other, they begin to plot and fight, even murder occurs in cells.
Recently one prisoner strangled his cellie due to the tension within
their cell.
Since the creation of the SMU multiple prisoners have suffered lung
damage and gotten emphysema due to the ongoing construction to renovate
the housing units after asbestos was found. USP Lewisburg was not ready
to house hundreds of prisoners in 23 hour lockdown. They built
recreation cages no bigger than the cells forcing 6 to 8 people to
inhabit the area for exercise. Only recently have the exercise cage
rules been changed to only allow 2 people at a time after the cages were
called “Thunder Domes” with assaults happening daily. There is only one
block, Z, with cells having their own showers, forcing most prisoners to
only receive 3 showers a week. And sometimes the SMU will be put on
lockdown, sack lunches are the meals for weeks, leaving prisoners hungry
and bird bathing in their sinks to remain clean.
There are 4 phases prisoners must go through to successfully make it out
of the SMU taking many months in each Phase to complete. In each phase
certain assignments are given by workbooks from the psychology
department to complete for advancement, and in turn the prisoner must
not get into any kind of trouble or face the possibility of restarting
the program. Like the new Federal CMU’s (Communication Management
Units), the SMUs are special prisons designed to isolate prisoners from
the outside world. All aspects of a prisoner’s life is monitored and up
until phase 3 to go to recreation or medical the correctional officers
must cuff the prisoners through the tray slot in the door and escort
them to their destinations.
All communication is monitored, no contact visits are given until one
has fully completed phase 4 and returned to general population at
another USP. Up until then, in phase 1 and 2 visits are conducted via
video monitor, and through glass for phase 3 and 4. Few phone calls are
allowed, and photos can’t be taken to send to loved ones until reaching
phase 3. In such a confined space, even with cellies, prisoners become
incoherent, their minds break down mentally, thoughts become confused,
speech is difficult and you’ll stutter and not be able to complete
sentences, many go paranoid and irrational and plot against each other
and fights break out due to panic and nerves breaking.
How do I know this? Because I was there! I lived through it, and
experienced it first hand. Luckily I successfully completed the SMU
after being their over 2 years and I’m currently in a Florida prison.
Upon arrival here it literally took weeks to calm down from my anxiety
being overcome with noises, crowds, people moving around and near me,
and not being confined in such small spaces for hours and days on end.
Just think of the prisoners who are released from Super-Max’s to the
streets!
The SMU’s, CMU’s, ADX, and other facilities like Pelican Bay for the
“worst of the worst” are terrible places which destroy prisoners lives,
relationships, family ties, as well as our minds. Slavery and torture
exists in the United $tate$ within the prison industrial complex,
especially in such programs as I luckily made it through. Please, let’s
shut them down!
MIM(Prisons) adds: Prisoners on
food
strike in California Security Housing Units will be lucky to receive
the type of program that exists in Pennsylvania SMUs as a result of
their current struggle. This just goes to show that reforms in these
long-term isolation prisons are nothing but reforming torture. We echo
the Pelican Bay prisoners’ call for an abolition of torture. And
ultimately, we must replace the current injustice system with one that
serves the people and works to rehabilitate those who have truly
committed crimes against the people.
I am currently serving an indeterminate SHU term here at the infamous
Pelican Bay. All the SHU space is full here yet they continue to send
prisoners to their torture compound. To make room for the growing number
of (unjustly) validated prisoners B-4 mainline has been manipulated to
accommodate them. And B-5 A section now houses Administrative
Segregation(ASU) overflow.
This leaves me and others like me (with long SHU terms) to merely exist
in ASU, a concrete soul snatcha. The powers that be will tell some of us
that we’re property housed due to lack of bed space. According to their
rules SHU prisoners are allowed one appliance. Everyone knows TVs can be
poisonous but they can come in handy during situations like this. Never
the less death island (ASU) does not issue out appliances (per chapter
5, article 43 ASU IMs are allowed an appliance). Pelican Bay ASU is one
of the last ASUs not to be modified to support electric appliances.
Without hesitation I continue to put pen to paper in an attempt to slay
Goliath by making him play by house rules.
The saga continues here at Skeleton Bay where double standards are
eroding the conditions of professionalism amongst staff, which is worn
on the population’s face. Prisoners are eroding mentally, physically and
spiritually from the elements of sucka punch justice applied by the
powers that be. It is unexplainable to me why we all are not fifty
pounds lighter. When the
strike
was announced, all of us here in ASU had all the motivation in the world
to go in hard on that. Due to lack of communication, the foundation of
structure and organization were unapproachable, resulting in the
scrambling for excuses and loopholes not to stand up and be accounted
for.
MIM(Prisons), asante for allowing me the time and space to exhale. By
the way I would also like to congratulate you on your coverage and
support of the hunger strike. Also, what you’re doing with the Peace
Summit is active! I’m working on something as we speak. It would be a
shame if I didn’t get in on that. Major props to MIM(Prisons), ULK,
United Front and all the dedicated women and men at the MIM(Prisons)
fam. I build on every issue of ULK then spread the wealth.
MIM(Prisons) adds: We have a few things to add to this useful
account of the situation with SHU in Pelican Bay. First, we hope this
comrade and others, who are stuck in their cells 24/7 make good use of
their time and read and study! There is a lot that can be done. TVs
should not be necessary if you have books and pen and paper. Let us know
if you need something to study, and write articles about what’s going on
like this comrade did. Second, we need our comrades in this situation to
start the educating of others now, so that next time there is a mass
action in the prisons we can count on everyone to understand the
importance of participating. Share Under Lock & Key, start
study groups, and get organizing!
I am a prisoner at New Jersey State Prison in Trenton, NJ. I am
presently housed in what is called the Management Control Unit (MCU). I
have been in this unit since 2008. New Jersey’s MCU is basically the
equivalent of other states Security Housing Units (SHUs) or Intensive
Management Units (IMUs). The reason I’m writing is to alert you of the
numerous human and civil rights violations that we have been subjected
to here. I also want to bring to your attention the fact that the
administration at the prison has intentionally instituted a system
designed to violate procedural due process rights of the prisoners in
MCU.
Design and intent of the Management Control Program
The MCU program was designed to house the prisoners the administration
considered a threat to the daily operations of the prison, to the
correctional officer, or those they considered unable to house in
general population with the other prisoners. The MCU unit in theory was
not supposed to be a punitive unit for punishment since you could be
placed there coming directly from the street never having received a
disciplinary infraction inside of the prison. The prisoners of the MCU
unit were told that the MCU is basically a “population for MCU
prisoners.” However, the MCU is anything but.
The MCU is supposed to be governed by what’s called the New Jersey
administrative code 10A. However, the administration does not adhere to
it’s own rules as put forth in the 10A. The so-called release program of
the MCU is a three phase program (levels 1-3, one being the lowest).
Completion of the following programs are requisite: Cage your Rage, and
Thinking for a Change. The problem with this criteria is that the
programs are very seldom offered, or capriciously and arbitrarily
offered. This situation has only gotten worse recently. Since April of
this year (2011) the administration has had the unit on lock-down. This
lock-down is supposedly the result of a couple of random fights between
a few prisoners (no correctional officers were involved in either of the
situations). Since these random fights, the administration has done the
following:
Canceled all requisite programs needed to be considered for release
Painted the cell windows so that we can no longer see outside
Closed down the pantry in the unit where the food is served
Taken all the jobs from the workers in the unit
Canceled indoor recreation
Changed the outdoor recreation schedule from every other day to once
every four days
Changed the amount of people allowed to go to the outdoor recreation.
Everybody that was on MCU was able to go to the yard together. Now only
six can go at a time.
It is my opinion, which I believe to be firmly grounded, that the couple
of fights had nothing at all to do with the draconian measures taken by
the administration. On July 2, 2010 the superior court of New Jersey
appellate division issued a crushing ruling that the administration of
New Jersey thought would never happen! In that ruling the court said
that once a prisoner has reached phase three (the highest level in the
MCU program) the burden then shifts to the prison to show why the
prisoner should be held in MCU. The burden the administration must meet
is to show a present identifiable threat that the prisoner presents. Up
until this ruling the administration in New Jersey was just throwing
prisoners on MCU and leaving them there. The average prisoner in MCU has
been there for about a decade.
To circumvent this ruling the administration has canceled the programs
preventing prisoners from reaching phase three which would render them
eligible for release if the administration is unable to meet it’s
burden. I have more proof that this is the administration’s intention.
The court ruling was issued on July 2, 2010. Up until that ruling
whenever a MCU prisoner would appeal the Management Control Unit review
committees (MCURC) decision to continue his placement in MCU, the
administrator would quickly respond to the appeal 99.9% of the time
upholding the MCURC decision.
Let me explain. Every three months the prisoners in MCU are given what’s
called routine review where the committee decides whether or not the
prisoner should be released or if his placement in MCU should be
continued. Every MCU prisoner is allowed to attend even though you must
be phase three to even be considered for release. This is not more than
a ceremonial display and out right sham. Again, after these hearings
about a week later you receive the MCURC decision on paper which you can
appeal to the administrator. The decision from the court was issued July
2, 2010 and since that decision none of the MCU prisoners have received
a response back from any of the routine review appeals which would be
September 2010, December 2010, March 2011, and the last one June 2011. I
do not believe in coincidences. As I said up until that decision from
the court we were getting every single one of our appeals back.
There are a few prisoners in the MCU unit right now that are phase three
and still the administration have not let them go. Not only have they
not let them go, but by not responding to the appeals they are
preventing prisoners from taking their case to the court. The court has
ruled that before a prisoner can prevail on his complaint s/he must
afford the administration the opportunity to make it’s final decision.
Thus, the administration is violating the MCU prisoners procedural due
process rights! If this is not suppose to be a punitive unit and a
general population for MCU prisoners, how do you explain the actions
taken by the administration?
They have stopped me from being able to finish the programs, they have
painted over my cell window so that I can’t even see outside! I’m only
allowed to go outside every four days and you cover my window. This is
treatment one would expect to hear being done at Guantanamo Bay. Before
the covering of the window the MCU unit was already a socially and
sensory depriving unit. The prisoners are in single cells and the only
time they come out in the unit is for a 15 minute shower one at a time.
Thus any conversation is carried on by yelling through the crack of the
door. The only contact you have with anyone is during recreation every
four days. I truly hope that my concerns and suffering, as well as the
concerns and suffering of the other prisoners will lead you to pick up
our cause and help us fight for and defend our human and civil rights.
We are still humans.
MIM(Prisons) adds: Lack of due process and group punishment were
two of the main complaints behind the California hunger strike that
started in the Pelican Bay SHU and included participation of at least
6600 prisoners across the state. As stated by the author these
conditions of long-term isolation are very similar across the United
$tates, as are the policies that keep people there. This example also
parallels that in California where the courts are ordering the state to
make release easier (whether from MCU or prison altogether). But the
interests of the Amerikan workers has made sure that in neither case has
the state government begun to comply with court orders. While the courts
offer a facade of justice, the state continues on as it always has in
its efforts to control oppressed people.
MIM(Prisons) sent another stack of letters in support of the prisoners
on hunger strike across California to the so-called Department of
Corrections and Rehabilitation with the cover letter below. There will
also be a demonstration in support of the prisoners’ demand outside of
the CDCR office today:
Monday, July 18th 1-4PM Demonstration outside CDCR Headquarters.
1515 S. St. in Sacramento, CA
Warden Greg Lewis Pelican Bay State Prison P.O. Box
7000 Crescent City, CA 95531-7000
18 July 2011
Dear Warden Lewis,
Two weeks ago we sent dozens of letters from residents of California who
are concerned for the welfare of the prisoners in Pelican Bay State
Prison. As the conditions outlined by the prisoners have still not been
addressed by the CDCR we are sending additional letters of support (see
enclosed). We are all aware that the conditions of many prisoners are
becoming critical and we urge you to take immediate action to remedy the
conditions. The conditions addressed by the prisoners demands are in no
way conducive to rehabilitation and no one should have to die for these
basic requests.
We have also forwarded copies of these letters to CDCR Internal Affairs
and CDCR Office of the Ombudsman.
Sincerely, MIM Distributors P.O. Box 40799 San Francisco, CA
94140
“Solitary confinement is not something that the California Department of
Corrections and Rehabilitations engages in,” according to CDCR
Spokesperson Terry Thorton.(1) According to our
surveys,
California has around 14,444 people in Control Units, defined as
“permanently designated prisons or cells in prisons that lock prisoners
up in solitary or small group confinement for 22 or more hours a day
with no congregate dining, exercise or other services, and virtually no
programs for prisoners.” This is more people than any other state.
Thorton claims that prisoners in Pelican Bay State Prison’s Security
Housing Unit (SHU) have access to cable TV, books, yard time, the law
library, weekly visits with family, and correspondence courses.
Yes, it is true that prisoners can occasionally receive books through
the mail, as long as they aren’t by or about Blacks or Mexicans. If
you’re not in SHU yet, such books might be used to validate you as a
gang member and throw you in SHU on an indeterminate sentence. Otherwise
they are often just censored as “gang material.”
Correspondence courses are occasionally allowed, too. But we’ve
confirmed 35 incidents of study materials from a MIM(Prisons)
correspondence course being censored in California, 15 of which were at
Pelican Bay. We’ve also been told that a radio show that broadcasts to
Pelican Bay was shut down there after broadcasting a correspondence
course on a show popular among prisoners.
Interaction with family, inmates and staff is greatly exaggerated by
Thorton. We’ve known comrades whose only physical contact with another
humyn being for many years has been guards putting cuffs on their
wrists. And while Thorton makes family visits out to be a regular thing,
the distance to Crescent City, California for most families is the first
barrier that makes visits rare at best. One family member who spoke with
MIM(Prisons) at a table while we did outreach in support of the strike
described how they went to visit their brother at Pelican Bay once and
had to talk through a TV screen. They have not gone back since. Others
who visit Pelican Bay talk about how their freedom of association is
limited just as the prisoners’ is. If they are seen speaking to the
wrong persyn (another visitor) while going on visit they can be
restricted or banned from coming back.
Thorton described “the two ways” one can get into SHU in California,
painting prisoners as either violent attackers or mob bosses running
organized crime. Yet, as those who were there when Pelican Bay was being
conceived can
attest, it
was built in response to those who dared to organize and stand up for
their rights as the thousands of prisoners who went on food strike
across California have done. As prisoners continue to organize and move
in a positive and united direction, it will become harder and harder for
the state to paint the organizations of the oppressed as enemies that
deserve any torture or punishment they receive.