Under Lock & Key

“What you and I need to do is learn to forget our differences… We have a common oppressor, a common exploiter, and a common discriminator… Once we all realize that we have a common enemy, then we unite on the basis of what we have in common.” - Malcolm X

It is a historical truth that repression breeds resistance, which is why we prisoners at Pelican Bay State Prison’s (PBSP) Security Housing Units (SHUs) and Communications Management Units (CMUs) took the initiative to come together, and go on a hunger strike in order to say to our oppressors that “20-plus years of state-sponsored torture and persecution in which our human rights have been routinely violated, for no other reason than to keep us prisoners confined in their mad scientist-like torture chambers as alleged prison gang members is enough!!!”

But as we all know, repression evolves and develops in cycles. So on 2 August 2011 PBSP and California Department of Corrections and Rehabilitation (CDCR) officials threatened all hunger strike participants with punitive retaliatory measures, for the sole act of our hunger strike participation. This happened in spite of the fact that we have a human right to peacefully protest any unjust laws, as warranted to us in the First Amendment of the U.$. Constitution. An unjust law is no law at all! The unjust laws in this case are the ones legalizing the indefinite housing of us prisoners in solitary confinement (SHU/CMU).

We prisoners were issued the following CDC 128-B Chrono that states:

The California Code of Regulations, Title 15, identifies that leading and/or participating in a strike, disturbance, or work stoppage is a violation of the Director’s rules. On or about July 1, 2011 you were identified as having participated in a statewide hunger strike event along with in excess of 6000 other CDCR inmates in support of perceived overly harsh SHU housing issues originating from within the Security Housing Unit at Pelican Bay State Prison. This activity created a non-violent significant disruption to institutional healthcare services and Department of Corrections programming and operations throughout the state, which included Pelican Bay State Prison, where you were assigned during your participation in this event. Your behavior and actions were out of compliance with the Director’s rules, and this documentation is intended to record your actions; and advise that progressive discipline will be taken in the future for any reoccurrence of this type of behavior. Date: 08/02/11. From: K. Welch, Correctional Officer.

However, this CDC 128-B Chrono is contradicted by an article that appeared in The Daily Triplicate newspaper during the month of June 2011, that was entitled “Pelican Bay Hunger Strike in the Offing. Some Inmates May Stop Eating Friday” by Anthony Skeens. Within the article, CDCR Spokeswoman Terry Thorton stated, “There are no punitive measures for inmates refusing to eat.”(1) The struggle continues!

To update you on the hunger strike issue, the progress of negotiations are not complete as far as what we hope in regards to the prisoncrats demonstrating a sense of humanity. The struggle is never about seeking more than necessary. It’s bad enough as it is that, for the most part, prisoners in the short corridor are already doing life sentences handed down by the courts. The opportunity to change this depressive life style will afford us the means and the will to reach out to the prison populace and help channel backwards thinking into more progressive and firm social-consciousness and to establish MIM study groups with the sole intent of elevating the level of consciousness.

The California prison system in many ways is behind the times in relation to other prison systems in this country. Being concerned about the materialistic aspects of life, subordinated to sub-survival rather than political consciousness. The coming together of the most oppressed, repressed and suppressed klass of prisoners has established a progressive precedent in hopes of changing the dynamics of the prison klass and all its ills. This is the real fear of the prisoncrats: social and political conscious! We cannot afford complacency, militants wither away like the wind. The struggle is a long haul and having the equipment is about fortitude.

The SHU is specifically assigned to minimize our effectiveness in reaching the bulk of the prison klass, no one should fear genuine and proper education, like Malcolm said: “it’s the passport to the future.”

MIM(Prisons) responds: We agree with this comrade that the Pelican Bay Food Strike was a good step forward in establishing unity in struggle for the common goal of raising conditions of prisoners. We need to take advantage of this opening and stand firm in demands for change. The other vital piece to advancing unity among the oppressed imprisoned population is through ongoing education and political struggle. For it is through struggle and study that greater unity is reached. We need to be honest about where we agree and where we disagree, while focusing on how we can work together when we agree on important things. Then future actions will be even stronger and inspire the masses even more through unity in action. These are the two aspects of developing point 2 of the United Front for Peace in Prisons Statement of Principles.

In mid June of this year my cell block (unit 7) at TRCI conducted a food strike and a canteen strike. We agreed that we would not come out of our cells during meal times for 4 days. Also we agreed not to purchase canteen for one month since they use the profits for themselves in a lot of ways and as you know, the best way to slay Goliath is to hit their pockets. We were contesting a few different things. For one, this is the only prison in Oregon that will not allow group photos and we have to wear jeans, long sleeve blue shirt (no sunglasses or hats!) All of the other joints you can have 4 people in the photo, shirts off, in shorts, with sunglasses and a hat on if you so desire! For two, they were trying to change our TV program package to very basic cable. There was a couple other reasons we decided to demonstrate also, but I’ll pass on that for now.

Anyway, the food strike went on for 4 days and the whole unit minus some old 72 year old guy participated.

The authorities were pissed! Almost one month later they came and snatched me and 5 other guys off the unit and threw us in the dungeon under the guise of being “key” shot callers in the food strike.

Here I sit with the max sanctions, 180 days in the hole, 24 days loss of privileges upon release from seg and a $200 disciplinary fine. All of their “evidence” results from confidential informants. Of course I am appealing, but their appeal process is a joke. However, I aim to take it to court as soon as my appeal is denied.

I have spread and continue to the word about your publication/organization and my comrades and I are always spreading information to help hinder the very ones who oppress us.

MIM(Prisons) responds: We are pleased to hear reports like this one about prisoners coming together to fight for common goals. And we do not know the full story of the demands these protesters put forward, but we will point out that the photo and TV situation described above is not high on the list of demands from the anti-imperialist movement. These problems are neither torture nor repressive towards political organizing and education, and those are the primary areas of our focus for protests. While it is important to develop demands that will unite a broad group of prisoners, we do not want to water down the goals of our movement to the extent that these demands lose their value. We work towards this unity of goals and prisoners through the United Front for Peace in Prisons and we look forward to working with these comrades in Oregon on future protests.

Tres semanas dentro de la huelga, CDCR ha dado su repuesta oficial lo que se puede resumir, “La vamos a investigar.” El 15 de Julio CDCR les hace una propuesta a los huelguistas de Pelican Bay que termine la huelga sin prometer cambios. Los presos rechazaron la oferta y continuaron con el hambre, que calificaron de “humo y espejos” y de “insultar”. (1) Estas personas están dispuestos a morir por los derechos fundamentales que ha sido negado durante años, décadas, para muchos, y CDCR llega a la mesa con nada

Nuestras preguntas han recibido las mismas repuesta del Director sobre, “Operando en acuerdo completo de la ley . . . mientras proveyendo por el tratamiento humano y ético de todos los prisioneros.” Aun más indignante, el Director afirma que CDCR proveen, “la capacidad de hacer programas con todo seguridad y participar en su rehabilitación.” ¡La huelga está ocurriendo porque no hay programas ni rehabilitación!

Los que están en contacto con los huelguistas nos informan que algunos en Pelican Bay quien habían dejado el ayuno han regresado a la huelga en repuesta a la negligencia de CDCR. También hemos recibido palabra de 4 camaradas que están en el Instituto para Hombres de California en Chino que ellos acaban de comenzar una huelga de hambre en solidaridad después de recibir noticias desde MIM(Prisons).

Otros reportes recibidos recientemente incluyen uno en lo que United Struggle from Within organizó camaradas en Kern Valley State Prison por una huelga de hambre de 24 horas en solidaridad. En High Desert State Prison, donde los marranos servían doble porciones de comida para impedir una huelga, unos cuantos camaradas rehusaron la comida desde el primer de julio hasta el tercero. Secciones enteros de California State Prison - Corcoran todavía están de huelga y los médicos están viniendo regularmente para pesar los prisioneros.

notas:
1. California Prison Focus

I am a prisoner currently incarcerated in the Florida department of corrections. At this time I’m being held at Dade Correctional Institution, in the mental health dorm transitional care unit.

This unit is for prisoners who have had, or who have developed serious mental health problems. This place is supposed to provide treatment such as counseling, one-on-one therapy, groups, etc. And it does that, but only to a bare minimum.

I am writing this because the prisoners here are being neglected. Not so much the ones who have good sense left, such as myself, but the severe cases of the prisoners who are so far gone they’ve lost touch with reality; the ones who are truly mentally disabled.

I’ve been writing grievances about this neglect, but the FL DOC has this rule that if the incident does not affect you personally then you cannot grieve the issue. This makes no sense to me at all. Some of these inmates are gone, and cannot grieve when they are done wrong.

There’s an incident here that I continue to grieve of a prisoner who sleeps in the cell across from mine. This comrade has nothing in his cell except his being and a set of blues. He has no mattress, blanket, sheets, nothing. This guy doesn’t talk at all. He makes noises sometimes that have no reasonable meaning but that’s about it. He’s lost to the world and he is mentally unstable. He cannot ask for these things, and he definitely cannot file a grievance. So this prisoner must continue to live like this because of some stupid rule that the DOC made up about this not affecting me directly.

There are a lot of prisoners here who are being literally warehoused. There are guys here who haven’t taken a shower for months. They don’t ask so it’s not offered.

This is a mental health dorm. The staff are suppose to be helping these prisoners who cannot help themselves, and instead they are ignoring them.

I, fortunately, cannot be ignored. My mental health issues developed from doing long periods of time in close management settings (control units). I admit I became weak in a way. I picked up a bad habit that eventually turned into an addiction: self mutilation – I’m a cutter. But I am not beyond bouncing back. I do time how I want to do time. And that’s the way I’m comfortable right now so it is what it is. I’ve got good sense though, trust that!

I’m going to continue to write up everything that I see these pigs here do, and I’m writing everything they’re not doing up too. Someone will eventually listen. They cannot run a mental health unit like this. I’m going to keep on fighting for our rights until something is done.

MIM(Prisons) adds: Health care in prisons across the U.$. is terrible so it’s no surprise to hear about the lack of even basic care in these Florida Mental Health units. We are also not surprised to hear the effect that long term incarceration has had on this comrade, leading to self mutilation. This is a good example of capitalism causing so-called mental illnesses. In reality, we should call these torture illnesses, as they are a direct result of torture in prisons. For more information about imperialism and psychology request a copy of MIM Theory 9: Psychology and Revolution.

I am currently at Kern Valley State Prison (KVSP) and I was involved in the recent hunger strike. We stayed on strike until July 5th, not just the 24 hour strike that your article stated we did at KVSP. It would have gone on longer until ISU and IGI started pulling out certain individuals and demanded we get off the hunger strike! As you know, validations are very easy to come by nowadays. So the hunger strike ended.

I write this to inform you that the COINTELPRO is still alive and active today under another name, and is used to continue their tactics of divide and conquer. If you are a Black Panther or have a tattoo of a panther, or if you are interested in the history of our beloved fallen comrades, you are now considered a security threat group (STG) [in Texas]. So now they are targeting the majority of Black prisoners as “gang members.” After 14 years on the same unit under many different officers, now all of a sudden I’m labeled as an STG. This is based on books one reads and notation that one might write for a broader understanding. In other words our freedom of expression of political beliefs is now viewed as inflammatory and a security threat.

I got your letter about the food strike. I did my best to hang in there, I gave it 2 weeks and I had to eat. Sorry, I could not last any longer. So what is the outcome of the food strike? Did they accomplish their goal? Can you please let me know what’s going on right now? I am validated and I got 6 years clean and they won’t let me out of the SHU either.

MIM(Prisons) responds: We are doing our best to keep our comrades behind bars updated on the food strike, which ended at Pelican Bay on July 21, at least temporarily. The latest issue of Under Lock & Key just went out with this update. The original goals of the strike were not won, but the administrators promised a major review of policies and the latest report from others in touch with strike leaders say that the CDCR has a few weeks to complete their review before the strike begins again.

One thing is for sure, if we don’t keep up the pressure and hold them to not only review but actual policy change, the conditions of abuse and torture in prisons across California will remain the same. In addition, hunger strikers are likely to face reprisals as punishment for their protest if we don’t continue to increase support inside and outside California prisons.

I appreciate you sending me the book I had requested. You see, I’ve got to stay busy to not allow myself to get sucked into the Texas prisoner slave mentality. Just perhaps, being armed with initiative and the right knowledge, I can get these guys minds off of the TV and gossiping, and onto unity and change. It’s a very pitiful state here in Texas (no pun intended!) Last week an officer turned off the dayroom TVs during count and left them off for an hour or so. The prisoners went crazy! They were yelling, cursing, making threats and demanding to speak to rank. They’re willing to come together and protest over something trivial like the television, but not over important things like parole, our good time and work time being honored, and getting paid to work.

As we know, slavery and capitalism go hand in hand. This is evident because there’s no equality; slaves are less than, and whoever is the richest and most famous, their lives are more precious than the common and poor folk. Capitalism takes on a new meaning in Texas prisons. Since we work for free, and the state has enslaved us in their TCI factories to exploit and profit off of us; it’s every “offender” for themselves, and some are doing whatever it takes to survive.

While the warden and major sit in their air conditioned offices, and officers are huddled up in the air conditioned pickets, us offenders are sweating like pigs in the scorching hot day rooms and cells. We’re running around like savages hustling and conning for a ramen soup, stick of deodorant, a stamp, or a shot of coffee. And the ones who are fortunate enough to have friends and family sending them money to buy stuff from commissary; they’re revered, admired, despised, or the next potential victim. Thanks to the state of Texas, petty criminals and first timers become hardened criminals, and whoever has the most money, has either the most power, or has to make the most protection payoffs.

If prisoners were treated as people and paid for their labor like everyone else in civilized society are, they would in turn, act accordingly. There would be real equality, unity and harmony. MIM, please give me some advice on how to make this come about.

On a related topic, I’ve enclosed my latest timesheet showing I have 213 percent of my sentence completed with all my worthless earned time credits. I want people to view this state issue timesheet so they can see for themselves what a scam this is. The time credits look great on paper, but they’re not worth a damn. If they were, I would have been released last February when I reached a hundred percent.

Also with this letter is my last denial letter from the Texas Board of Pardons and Paroles. I want the people to see this too. To see the absolutely ridiculous reasons why we’re denied parole and “mandatory supervision.” The following is their most absurd: “The inmate has a previous juvenile or adult arrest for felony and misdemeanor offenses.” We’ve all been arrested for a felony or misdemeanor. We wouldn’t be in prison if we hadn’t. The parole board might as well deny prisoners because they wear white uniforms, since that applies to all of us too.

Truly amazing the Lone Star State is getting away with such widespread and blatant fraud, and exploitation of its prisoners. But, in our capitalist society and capitalist prison system, money and profit always trump humanity and morals.

MIM(Prisons) responds: This writer is correct about the need for unity to fight the injustice in prison. We point everyone to the United Front for Peace in Prisons as a starting point for developing principled unity to fight our common enemy. We do, however, need to point out that the prison economy does not lead to prisons, the state or the imperialists profiting from prisoner labor. It is a system primarily used for social control, not for profit. Though of all states, Texas probably has the most productive industries in prisons, and workers receive no wages, only room and board.

As we concluded in our article in Under Lock & Key 8 on the U.$. Prison Economy: “A number of articles in this issue include calls from prisoners to take actions against the prison industries that are making money off prisoners, and to boycott jobs to demand higher wages. All of these actions are aimed at hitting the prisons, and private industries profiting off relationships with prisons, in their pocketbook. This is a good way for our comrades behind bars to think about peaceful protests they can take up to make demands for improved conditions while we organize to fundamentally change the criminal injustice system.”

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:

1. Canceled all requisite programs needed to be considered for release
   
2. Painted the cell windows so that we can no longer see outside
   
3. Closed down the pantry in the unit where the food is served
   
4. Taken all the jobs from the workers in the unit
   
5. Canceled indoor recreation
   
6. Changed the outdoor recreation schedule from every other day to once every four days
   
7. 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.