Under Lock & Key

I would like to comment on the “Legal Tips to Fight Gang Validation article that was printed in ULK 16. This comrade’s tips are greatly appreciated and will help a lot of prisoners who are not familiar with our rights in the validation process. Here’s the thing though, California Department of Corrections and Rehabilitation (CDCR) is aware of such due process rights and we get a 114-D lockup order, a chance to reboot our validations, and to be put up for the Security Housing Unit (SHU) by classification. However, it’s all just a big charade without any meaningful review given at any time and no matter what we say or what evidence we present to show the source items are insufficient, unreliable and can’t be used as source items per the Title 15 and relevant authority, we are ignored at every level.

I 602ed [grieved] my validation and clearly showed why my validation is false on all levels but was just given a general response at the 2nd and 3rd levels, as all prisoners are, saying I’m wrong and my validation meets the department’s requirements. CDCR refuses to follow their rules and is just rubber stamping prisoners’ validations and going through the motions that are nothing more than a front in an attempt to dupe the courts into believing we got our due process.

Now in my optimistic attitude I thought the courts would see the arbitrariness of my validation and actually, you know, follow the law. But when I sent in my habeas corpus to the Lassen County Superior Court it took them all of 6 days to deny my petition without holding any hearings, which is the only way the court could have determined that my source items showed “some evidence” and were reliable as they stated. So I sent my habeas corpus to the court of appeals hoping I can get a real review, which I have yet to receive. My case is no different from all other prisoners being validated here at High Desert State Prison and it won’t change until we shed light on this dark process. So my question is, what do we do when the officials and courts that swore to uphold the law are disregarding it without a second thought? We all will continue to 602 and petition the courts about our fake validations for they can’t ignore us forever.

Another case that is vital for validated prisoners to get their hands on to study and apply to their situation is the Lira v. Cate, No. C-00-0905 S1 (N.D.Cal. Sept. 30, 2009) which is regarding a former validated prisoner who challenged his gang validation and lack of due process and won.

MIM(Prisons) responds: They can’t ignore us forever if we team up. As pointed out, people are facing the same situations all over. Legal battles are an important tool in the struggle, but we know the whole system, including the courts, is set up to oppress certain groups. Part of these struggles is making connections and working together. With enough unity around the right issues our reliance on the courts becomes less and less necessary.

Go to your bathroom door and kick a hole in it. Now lock yourself in tight. Throw all your hygiene items, except a toothbrush and toothpaste tube, out the hole. Everything. Now go sit. The light switch disappears and the shower splits. A little speaker replaces them. It listens and sometimes speaks to you, laughs at you, taunts you, tells you your sufferings entertaining. You can’t shut off the light with no switch and you’ll have to shower using the sink. As you sit you hear ten or so voices outside the door. That’s funny, sounds like that guy who robbed my mother’s house last year and put her in a wheelchair after brutally beating and raping her. It can’t be! Is that the judge that let the man run free too? And his twisted attorney? Why they here?

The worst enemies you could imagine, or put a face to, have just moved into your house as you sit in the bathroom. These people wish you harm of the utmost, and your death would be nothing but joy to them. All your food, and any mail you might be expecting, will have to come from these “squatter-enemies.” Good luck!

To make matters worse, these enemies of yours control all your heating, air conditioning, water form your sink and to your toilet. And to top it off, if they see you sleeping they’ll kick the door and yell at you, then laugh.

You can hear these men day and night right outside your door. You smell them Bar-B-Qing and smoking. You’re hungry. You can hear these men torturing people. Sometimes other people in similar bathrooms next to yours are pulled out and placed in body bags. To these “squatter’s” amusement.

A day passes this way.

“My god,” you say “what have I done to deserve this?”
A week passes
You cry
A month
You attempt suicide but your vein closes up before death
A year

You are now talking to yourself and running around naked. You are convinced the food you seldom receive, that’s halfway edible, is poisoned. As you eat the rotten “meat” your beard and mustache get in the way of the teeth chewing. You couldn’t cry if life depended on it. And it used to. But you’ve forgotten why.

Two years.

You can’t remember. You’ve forgotten. Forgotten what? You don’ know. The “squatter-enemies” come around and you look at them. They look at you. They laugh. You start to laugh too. You forgot why. But you do.

Three years.

You sleep 20 hours a day. You can’t help it. But your floor’s clean. You keep it spotless. You don’t know why. But you do. You’re skinny. You’ve lost an easy 60 pounds. Your skin’s turning yellow and your legs cramp up and atrophy. You don’t want to die anymore. Why bother? You’d rather sleep and dream. The dreams are so vivid. More real than these walls.

Five years

You go home, you leave your bathroom, this year they tell you that. But why? Where do I go? I don’t want to leave now. I like my tub and sink…

MIM(Prisons) adds: This comrade vividly describes the torture that is found in control units in prisons across the U.$. The criminal injustice system uses the torture chambers as tools to break the will of politically conscious prisoners. It is one more weapon in the criminal injustice system’s work of social control. For more information about these units and what you can do to join the fight, see our campaign against prison control units.

I am a prisoner at High Desert State Prison (HDSP) and one of 60 prisoners who were wrongfully validated in August 2009. Z-unit is notorious for its disregard for prisoner’s rights. Likewise HDSP and CDCR are disproportionately validating prisoners as gang members and associates, regardless of their actual affiliation.

In the past 3 years HDSP has validated over 110 “Hispanics” off of C-yard. Institutional Gang Investigations (IGI) is very prejudice and racist here in HDSP. All validations here are racially motivated. All IGI workers here are white and the new Lieutenant is Mexican but wants to be white. The validation system is a sham. The most bothersome thing is in R&R the COs ask you who you roll with. If you say no one they’ll ask you where you live and when you tell them they declare that you are a northerner or southerner just because of your region of habitation.

CDCR validation procedures are vague and overly broad. HDSP is not following court orders nor administrative regulations. Information from informants and debriefers is being taken and used as 100% fact. Some of us are issued validation points for a drawing. However we are not given any notice of what is considered gang related. So how are we supposed to know what is against the rules? Instead this is being utilized to validate us and confine us to the Security Housing Unit (SHU) for life. CDCR is using “kites” [written notes] to validate us. If a prisoner is caught with your general information, CDCR uses that as a validation point, saying you committed “gang activity.” How do you get a validation point for someone having your name!? Anybody has access to your information as COs post this info on our doors. This whole process is ambiguous.

CDCR has a motivation for all these unjust validations. On January 25th, 2010, California legislators passed a new law (Senate Bill xxx18) in regards to new credit earning for prisoners. General Population prisoners are now receiving half time credits. While SHU and ASU have to do 100% of the time they were sentenced. CDCR is wrongfully validating prisoners as a tactic to ensure their job security. Many general population prisoners will be getting kicked out because of the overcrowding issues but ASU and SHU prisoners will be stuck with the COs needing to guard them. It costs $50,000 to house a SHU prisoner so of course the “Green Wall” wants to line their pockets with “Green Money.”

There are many inhumane conditions of confinement here in Z Unit. Prisoners are kept in their cells 22 hours a day with no windows, TVs or radios. Prisoners are not given adequate winter clothing. It rains, snows, and an average temperature stays below 30 degrees and the only things we get is a jacket. Prisoners are forced to strip buck naked in the snow and freezing temperatures. Lastly, staff complaints and grievances are often trashed or just not answered. In ULK 15 (July August 2010) your feedback to a prisoner regarding grievances not being handled property was to get involved in a petition campaign for grievances. I want to get involved along with other prisoners here! I look forward to your response.

MIM(Prisons) adds: CDCR has a long history of ignoring grievances and it is in this state that the grievance campaign started. It has now expanded to many other states. Contact us for more information and to get a copy of the petition for your state (or to get a generic petition that you can customize for your state).

I am writing in hopes of bringing awareness to your followers regarding some of the injustices being forced upon prisoners housed within the administrative segregation units(ASU) in Z-unit. The circumstances below have unfortunately become the norm. Z-unit is officially referred to as the zoo due to the fact that it is a habitat fit for animals. We don’t expect five star treatment because we are in prison. We know this and we are grateful for all that comes our way.

A major issue around here is mail. It is often late and quite frequently lost. Pictures, books, and magazines tend to often come up missing, but we are usually not provided with notices of disapproval. The thing is, when the mailroom confiscates something as contraband, they send you a notice of disapproval that allows you the opportunity to send home or donate whatever it is. So if the mailroom does not enclose this form in your envelope, then it is not them who steals the stuff, right? This issue is currently being reviewed at the director of CDCR’s level of the 602 inmate appeals process in Sacramento, California.

High Desert State Prison(HDSP) is located in the mountains of Northern California. The winters are long and unforgiving. Temps often drop to 20F with gnarly winds, snow and ice. Since we are not provided with adequate winter clothing to defend against the literally numbing cold, we are forced to choose between freezing for three hours on the days they do choose to run yard or stay in our cells month after month. This too is being looked into by means of the grievance process.

HDSP is an unrelenting environment. Z-Unit is entirely worse. The way it was designed deprives one of all stimulation. The architects sure did a good job on designing an oppressive atmosphere. There is no window to the outside, simply a mere slit in the roof that leads to another skylight twenty feed higher. Looking out of the cell door all one can see is an all white wall five feet in front of you, the only contact you have is that of your cell mate, but that quickly becomes stale and strained.

TVs and radios have been authorized by the state since 2005, allowing purchases by inmates for entertainment purposes, but this has yet to be put into effect by the administration here in High Desert. Inmates who are fortunate enough to purchase books, magazines, newspapers etc., often have to wait upwards of a month after they are here to actually receive them. And when they’re finally passed out, all reading material gets circulated throughout the entire tier. To say the least, we put everything to good use when we have it.

In spite of that, at one point, we were provided one book a week (better than nothing, I’m not going to front) by means of a tiny book cart. But that has ceased as of June 3 and to top it off, we are provided a slap in the face with two measly cross-words each week.

Without stimulation, internal anguish tends to set in. It has been clinically proven and well documented that in as little as two weeks in this type of environment, the average individual shows signs of stress, depression, anxiety, frustration, PTSD, anti-social symptoms and SHU syndrome. These conditions and the mental impact/ side effects they entail are the major cause of violence, both self-inflicted and in-cell combat. The mental imbalance is such that in September or October 2009 an individual committed suicide in his cell. In December 2009 another prisoner did the same, just to give a couple examples.

The impact this setting imposes has been acknowledged by the administration, for they have hired “psych-techs” who walk down the tier twice each day every day. How much does each psych-techs cost the state each year?

Prisoners have exhausted the appeals process and will continue on the right path to keep doing so, however, we are met with resistance at every level. More often than not, when you have proper grounds for a grievance, your appeal will somehow get lost. And when you write internal affairs asking them to submit it for you so that it won’t be “lost,” the warden will inevitably get at you letting you know that if you go that route then your grievance will not be processed. But it never gets processed anyway. Real fucking jerks, I know, not only this, but due to the insufficient nature and complete disregard on appeal coordinator’s behalf, there is currently a lawsuit pending against the state. What can I say? We’re trying.

Frustration got to the point that on June 14 and 18 about 35-40 cells boarded up to get cell extracted so they could voice their grievance. Unfortunately, we must expose ourselves to such gruesome protests, yet we are still not acknowledged. Moreover, on June 14-15 and again on Aug 2-9, prisoners housed in Z-unit went on hunger strikes. It seems like the light at thee end of the tunnel cannot be seen.

Many of the prisoners housed in Z Unit (about 80%) are awaiting transfers to other segregation units; however, some of these individuals have been enduring such dire circumstances upwards of two years.

To date, we have a select few of us on a writing campaign. Our object is ultimately to get our voice heard. So far, we’ve had a little success. Primarily, the Prisoner Activist Resource Center(PARC) is an organization currently working close with the prisoners housed in Z-Unit. Earlier this year, they led an investigation of this prison, but now they’ve planned one specifically for Z-Unit. We’ll keep our fingers crossed.

This investigation has been published by SJRA Advocate. Also the AFSC has an open investigation on this prison’s now obsolete Behavioral Management Unit (BMU), the same setting just a fancier title. The BMU investigation has been published in two newspapers: the Sacramento Bee and the Fresno Bee. We are hoping to get Z-unit added to that investigation.

I just got a letter from you a couple days ago and I think that y’all movement is really what I am into and what I stand for and that is putting an end to all oppression. I am locked in prison at this moment and I am also a part of a gang that Tookie Williams put together, which is the real reason why he got the death penalty.

I’m in a Security Housing Unit (SHU) right now for watching a fight between two prisoners. Just because I’m in the system as a Crip they took me to SHU where I have been going on two years. A couple of days ago I was maced for not letting the CO throw a Rasta Crown away. I asked them to let me send it home if I could not have it but they told me that sending it home was not an option. So I told them to go get the higher rank. The assistant unit manager told me that I have no rights to be requesting to talk to anyone, so they left my cell door and came back a few minutes later with 8 or 9 COs threatening to come in my cell to beat me up and spray me with mace if I did not give up my Rasta Crown. So I told them that if they were going to throw it away then I was not giving it to anyone and they popped the trap on my cell door open and shot mace in my cell and left me in there where I couldn’t breath. Then after six minutes in a cell with a lot of mace everywhere they took me out and stripped my cell to the point that I had not even a roll of restroom paper. They left me like this for 72 hours; no socks on my feet, nothing to keep me from being cold. It got to the point where I was throwing up blood so I put in a sick call. When the time came for me to see the doctor they would not let me go.

I will not stand and let these COs think that they are getting the best of me. These people who say they are here to stop the crimes or violence behind the wall are really the ones who are beating on people and doing anything to oppress. And they are the justice system, prison system. They hate to see a Muslim, Rasta, gang banger sticking together to overcome this oppression that these people are coming at us with. They hate to see a Black man reading a book about Huey Newton and the Black Panther Party or anything to learn about your Black history. They are willing to do whatever to make you dumb so that you will never know about where you came from.

The only people in SHU are Black and Latino; no white people are in SHU here.

MIM(Prisons) responds: As we wrote in a response in ULK 16, Tookie was murdered because he was a Crip and he truly reformed himself to serve his people.

I agree that control units are not productive means of rehabilitating prisoners for productive living in society, but do the exact opposite of their original purpose. Control units starve life mentally and physically, creating an insensible life. These control units create this insensible life by: 23 hour lock down (sometimes more), no religious programs, no school of any type of educational purpose. Maximum $10 store (no food products), one roll of toilet paper every two weeks and anything else punishable and inhumane the system can get away with such as excessive temperatures, followed by abuse of authority.

By no means is this program of life in control units to help a person be better than when they entered. I know this ala because I am a victim.

I condemn these control units and demand the united states to eliminate these unconstitutional disciplinary control units.

MIM(Prisons) adds: See our web page on prison control units for more information on this campaign.

I’m writing in response to your Unlock the Box survey. in my 22 years of incarceration in California prisons I’ve spent over 13 years in control units.

While I cannot provide accurate statistical analysis that you request, or much historical background concerning some of these control units, I can at least tell you my personal observations from first hand experience.

California State Prison - Sacramento (aka New Folsom) Administrative Segregation Unit (ASU): I was first placed in this ASU in September 1991 for “inciting” (i.e. participation in an institution food strike protest by writing to the ACLU). The ASU back then consisted of A-facility, housing units 5,6, and 7 (with 8 sometimes used as overflow), with 64 cells in each unit at double cell capacity (except in isolated cases of “single cell” status).

I would say at least 50% of the control unit was, and usually is in any control unit, Latino, the other 50% is divided by varying degrees between Afrikans and Europeans, with a small percentage of “others” (i.e. Native American, Asian, Pacific Islander, etc.). The most common reasons for ASU placement include assault on other inmates or staff, drug possession or trafficking, gang affiliation, enemy or safety concerns, weapons possession, or conspiracy investigations. Sometimes inmates are sent to ASU based on bogus confidential information or some other fabricated reason as a form of retaliation by prison officials.

As far as I know, this unit was first opened in 1985 or 86 as a Security Housing Unit (SHU) during the statewide crackdown on prison gangs. It has since been expanded to include a psychiatric Services Unit (PSU) in housing units 1-4 and a stand alone ASU building behind B-facility, with ASU-EOP in A-5, and ASU-CCCMS in B-4.

The state has recently implemented new control units in some prisons called the Behavioral Modification Unit (BMU), which I don’t have much information on at this time. Additionally, most level 4 prisons have built separate “stand alone ASU” facilities which are modeled after Pelican Bay SHU to impose maximum sensory deprivation. In fact, these control units are worse than Pelican Bay SHU because of the deprivation of inmates televisions.

Richard J. Donovan Correctional Facility has 2 Ad-Seg buildings, 7 and 8.

I’ve been in it since 5/16/2010 for non-disciplinary reasons. Approximately 400 prisoners are housed in buildings 7 and 8, and only 7 and 8 are currently Ad-Seg units.

Approximately 30% Black, 25-30% Latino, about 30% white, and 10% other.

The primary reasons for housing in Ad-Seg are disciplinary (approximately 70%), safety concerns (20%), debts, drugs, etc. (10%)

I am not sure when it first opened. It’s expanded a couple times due to excessive Ad-Seg population to include Facility 2 building 8 as overflow, and Facility 4 building 16 overflow. Neither is used currently.

The guards here at RJD Ad-Seg are some of the most corrupt at the prison. They deny food, meal, clothing. They assault prisoners regularly despite video cameras. Guards verbally abuse nearly all prisoners. Administration continuously moves prisoners to keep them uncomfortable and from being able to relax. Not all guard, but at least 60-75% of them are corrupt. The rest refuse to snitch against co-workers and turn blind eyes, which shows them to be cowards and corrupt in their own ways. I have been the victim of numerous abuses by at least 4 or 5 guards personally.

Northern Correctional Institution in Connecticut is a control unit that houses security risk group safety threat members (SRGSTM), chronic discipline prisoners, administrative segregation (A/S), and death row prisoners. Both authors of this are labeled SRGSTM and because of a peaceful protest are now A/S prisoners. One author has been in this control unit for almost 4 years and the other for 1 year.

We are locked down 23 hours a day and 24 hours a day on the weekends. We are only allowed 3 showers a week with leg irons on our feet. Visits: behind a window, SRGSTM gets 1 hour visit, A/S and chronic discipline 30 mins, only immediate family members. There is no school, except for prisoners under 21 years of age with disabilities who qualify. No job training to anyone. No law library except to death row prisoners. No real medical assistance. Telephones: the state of CT has a control contract with a phone company that forces us prisoners to pay far more for our calls than people in the world. We are only allowed a list of ten phone numbers that has to be approved. SRGSTM are allowed three 15 minute calls a week and A/S and chronic discipline one 15 minute call a week and all telephone conversations are monitored and recorded. We are all also cuffed with leg irons and handcuffs while on the phone. We are cuffed this way for all out of cell movements.

Recreation yard is 1 hour on weekdays. SRGSTM are cuffed behind our backs while in the yard for our 1 hour of out of the cell rec. A/S are taken off of cuffs once we are placed in a rec yard cell about the same size as our cells. Sometimes they make prisoners pick between hot food or their rec. If you go to rec, your food will be given to you cold. You are not allowed real footwear in A/S or hats and gloves in the jail, same for SRGSTM, CD, and death row. Meaning no matter how cold it is outside we are never allowed inside dayroom rec. We are only giving things to clean our cells once a week.

A lot of the time they force prisoners to go in the cells with other prisoners who have life sentences and have already told the administration they do not want cell mates and they will kill the person they put in their cells. Most of the time these prisoners they put in the cells with these lifers are short timers and parole violators. Northern has already had 5 killings because of this about two this year. They will not give prisoners personal hygiene items, writing paper, envelopes, copies of legal work, or cloths if your account says you have had money in the last 90 days, meaning you have to not have money for 90 days in order to receive any of those things.

The grievance procedures are set up to prolong your rights to the courts. They only have 30 business days to answer your grievances. If that time is up they can file for an extension. The problem with that is there is no limit to how many extensions of time they can give for one grievance.

I know you are well informed about in-cell restraints and 4-point restraints (both authors have gone through this a number of times). In cell restraints are for 72 hours, you can’t use the bathroom and if you somehow find a way to, you can not clean yourself. Food comes in cups and no utensils are given to eat with forcing you to eat with your fingers at the same time you are not allowed soap or any kind of hygiene items (but if you were how would you use them on restraints?). The in-cells are never cleaned after another prisoner comes out and one goes in, you can’t flush your bathroom, nor are you allowed a role of bathroom paper. These are some of the things that take place in this control unit.

They also have dogs next to you every time you leave your cells. You are strip searched for all out of cell movement even when you have not come in contact with no one. You have officers who retaliate against prisoners who file grievances on them or their fellow officers. Prisoners are beat, maced in the mouth, face, eyes, even after the situation is under control.

We stand ready and willing to assist any way we can to abolish these control units.

I’m in disciplinary confinement for 300 days. I’m informing you to let you know they are all about punishment. However, there are several benefits to confinement as opposed to general population.

First, as an analytical thinker, I have the solitude to concentrate on what’s more important, instead of the normal population activities of doing what Masta says and spending my people’s money on the high-priced zoom zooms and wam wams. Second, I can think of ways to further the struggle and communicate with you all from within this “think tank.” Last, regardless of where on the plantation I am, the clock still ticks, so 300 days is that much closer to my max date.

I’m getting much rest and I’m preserving my mind and body for the revolution and the future. So if I can help formulate any ideas and/or literature to help enlighten and educate the masses, just let me know.

It’s a shame that these people try to make the public think they’re all about trying to make prisoners better people so they’ll be productive members of society, yet in confinement we are not allowed any books except a bible. We can’t have a dictionary or any other book to educate your mind. It’s obvious that they couldn’t care less about our betterment when they use education material as a punishment.

They also use hygiene products as a punishment. In confinement I can’t have my soap, lotion, toothpaste, dental floss, etc. They give us half of a hotel bar of soap to last a week, and a hotel toothpaste to last a month. So I’m only able to brush my teeth once a day or it won’t last for 30 days. If food gets stuck in my teeth, I have to get a piece of string out of the sheets or boxers.

Socks are also not provided so the ones I came in with have to last 300 days. With no soap to wash them, I have to take an all-water shower once a week to save the soap to wash my boxers and socks. But hey, I’m learning survival skills and I’m stronger for it!

A weak mind will take this punishment or these conditions and feel degraded, but I often think about the conditions my ancestors endured on those slave ships, and the savage, degrading and humiliating conditions of life on these plantations under forced servitude and criminal bondage. Their only crime was being born with melanin in their skin. I think of how the Masta cut up a hog and took all the lean meat for ham, pork chops, bacon, and sausage, then threw the garbage to the slaves like the intestines, the feet, ears, tails, etc. Yet they made “soul food” with it. They made swamp grass into collard greens. And everything else that was used as punishment they used to become stronger, resilient, and more hardened to whatever the enemy came up with.

MIM(Prisons) responds: Adapting to whatever challenges the oppressor throws our way is an important part of survival under imperialism, including maintaining mental health. Long-term isolation is probably one of the greatest mental health challenges the oppressed will face. So we commend this comrade’s positive outlook and willingness to do work, even though it is much more limited while locked in isolation.