The California Department of Corrections and Rehabilitation (CDCR) is proposing new regulations on “Security Threat Groups” (STG) or “gangs,” which will be implemented after a regular Public Hearing, to be held on April 3rd. The Step-Down-Program, which CDCR has been executing in a pilot program, is apparently being implemented into CDCR’s vast number of regulations.
The implementation of the official Step-Down-Program comes while a second Legislative Hearing on February 11th has been organized, where CDCR’s “gang management” policies will be discussed, or as it is officially called on the agenda: “CDCRs Proposed New Policies on Inmate Segregation.”
What is worrying about all these regulations and rules when we scan through them to see if there are any ameliorations for those inside the SHU’s is, that CDCR keeps spinning the fact that human rights are being abused by keeping people inside lockdown units, in segregation, not only for months, but years, even decades on end, without there being any violent behavior by those people kept in these secure housing units. The United Nations Special Rapporteur on Torture, Juan Mendez, wrote a statement in 2013 in which he stated that these prison units can amount to “torture:”
The independent investigator on torture and other cruel, inhuman or degrading treatment or punishment urged the US authorities to ensure that “solitary confinement is only imposed, if at all, in very exceptional circumstances, as a last resort, for as short a time as possible and with established safeguards in place.” In Mr. Méndez’s view, “its application must be subject to independent review, and inmates must undergo strict medical supervision.”
One example of someone in one of the California SHU’s is Hugo Pinell, who has been incarcerated since 1964, and who has been in solitary confinement for four decades. He has not had any disciplinary infraction in 32 years. There is no reason to keep him in the Secure Housing Unit other than that CDCR is waging a war of propaganda against people like Pinell and so many others, for instance like the prisoners who started the 2011 and 2013 hunger strikes protesting indefinite solitary confinement, who have been critical and outspoken of the prison industrial complex. The latest news is that in early February of this year, Hugo Pinell was allowed to make a phone call to his family for the first time since 40 years…
Jeffrey Beard: This is not solitary confinement
In response to an increasing display of criticism on SHU-policies used by CDCR, Secretary Jeffrey Beard wrote an op-ed during the hunger strike in August of 2013, in which he made a few bold statements without documentation on which he based the quotes used.
Beard tried to portray the SHU’s in three prisons as having “windows in the cells that allow for direct sunlight.” He also wrote:
“At Pelican Bay, all SHU cells have skylights. In all of the facilities, inmates in the SHU have radios and color TVs with access to channels such as ESPN. They have weekly access to a law library and daily exercise time. Many have cellmates; they can earn degrees; they can send and receive letters; and their family and friends can visit them every weekend. SHU inmates receive the same meals and portions as general population inmates. This is not "solitary confinement," in that prisoners can have visitors and, in many cases, interaction with other inmates.”
Of course all the examples Beard mentions can be countered by the experiences of prisoners and their families and friends in their daily lives in the real prisons in California. But Beard, whose theories do not seem to be tested to real life in the SHU’s he directs, was hired by CDCR to provide spin and propaganda, countering claims of torture. His job is to see to it that CDCR gets its money and feeds its union members in the powerful CCPOA-lobby (California Correctional Peace Officers Association), which even pays Governor Jerry Brown so that he will do as the CCPOA tells him.
In a statement on CDCR Today, a blog which posts CDCR’s press releases, the following was also stated on August 26th 2013:
CDCR does not utilize “solitary confinement.” Additionally, the length of an indeterminate SHU assignment is now determined by individual inmate behavior. It is now possible for an indeterminate term to be reduced to 3-4 years. Moreover, STG associates will no longer be placed in a SHU based solely upon their validation.
We can ask ourselves why a person in prison who has been without disciplinary infractions for 32 years, can’t be commended and should have been transferred to a place where he can have contact visits and a less harsh environment? This logical and humane thought was also one of the demands of the hunger strikers, who formulated 5 core demands, of which nr 1 is:
End Group Punishment & Administrative Abuse – This is in response to PBSP’s application of “group punishment” as a means to address individual inmates rule violations. This includes the administration’s abusive, pretextual use of “safety and concern” to justify what are unnecessary punitive acts. This policy has been applied in the context of justifying indefinite SHU status, and progressively restricting our programming and privileges.
The response given by CDCR to this first of the core demands was:
Individual Accountability. Response. This issue has already been addressed through implementation and adoption of the STG and Step-Down programs.
But of course this short answer to the decades of torturous conditions in the SHU’s is a spin to make us all believe CDCR really listens to demands. In fact, CDCR has come up with a different idea of “behavior change:” Cognitive Restructuring, making the Step-Down-Program very long and without guarantees that people will actually be removed from these tortuous conditions. There are also no safeguards, such as an independent commission to oversee CDCR’s managing of their Step-Down-Programs.
Coercive journaling, or ‘Cognitive Restructuring’-propaganda
Under these mandatory Cognitive Restructuring programs, prisoners in the SHU have to fill out ‘journals.’ These journals were derived from Cognitive Restructuring theories that seek to ‘correct wrongful thinking.’ Some law enforcement groups have taken this programming over: for instance the American Community Corrections Institute (ACCI) works with these programs.
In New Mexico, Cognitive Restructuring was a cause for ACLU-NM to take action against it being implemented in supermax prisons.
“What is disturbing, and at the root of the ACLU lawsuit, is the use of segregation in concert with this program: if you don’t give the right answer, you get more time in lockup. … It is sold as a self-imposed hypnotism for quitting habits, overcoming insomnia and bettering life. Put in a prison situation, where the wrong answer nets an inmate punishment in the form of time in solitary, cognitive restructuring becomes brainwashing.” (The Hate Factory, by G. Hirliman, p.xi).
The program is like a forced conversion to a religion, the religion of Cognitive Restructuring, with Stanton Samenow (author of Inside the Criminal Mind) as its high priest.
Prisoners in the SHU have written about this psychological belief and spoke out against making this mandatory inside the SHU’s in order to progress to “general population.” Here they write:
“And while the new policies will result in some prisoners being released to general population, these new policies do not represent a pathway to general population or even a less restrictive housing environment, as the CDCR is quick to claim for certain prisoners.
Specifically though, it is the CDCR’s attempt to brainwash us all through their behavior modification program. And that is exactly what the cognitive restructuring program is.We have had the opportunity to see and read the self-directed journals. They are insidious.”
Was this what the people inside California’s SHU’s went on three hunger strikes for?
On Jan. 31st, the Sacramento Bee posted an article about the proposed Step Down Program regulations, in which we read:
"The new program lets gang associates have their gang validation removed from their record after completing the minimum three-year rehabilitation program and going six additional years without a disciplinary charge related to gang behavior.
Those who are considered gang leaders would have to complete [sic] remain without a gang-related disciplinary violation for at least 11 years after completing the program before the gang designation could be removed by a prison committee."
Those locked up in SHU’s in California’s prisons can ask themselves: ‘Is this what the three hunger strikes to protest the policies that lead to indefinite solitary confinement, being locked down permanently, were suffered for?’ To still do 11 (14) years under threat of being returned to the SHU, until a prisoner no longer has a picture of a dragon or an Aztec God in his or her cell? Also, what is a "gang-related disciplinary violation"? A ‘wrong’ book or drawing in your cell? That is not an act of violence people on the outside might consider a danger to security.
CDCR is spinning the whole story their way again, of how they have labeled people in a gang a “Security Threat Group,” and have created solitary confinement units to (so they try to convince us) combat gangs, while convincing the people using propaganda which can be summarized as "Look how evil ‘gang members’ are. You, STG-member/Associate can be saved, sinner!” CDCR wants us to believe in their supreme religion of Cognitive Restructuring, and the need to place people in lockdown/segregation/solitary confinement indefinitely.
With this coerced journaling, CDCR attempts to manipulate the thoughts of those inside, many of whom are 40+, have been educating themselves, and do not need to be ‘restructured.’ What kind of a new belief is this? Not all people inside are and think alike, which is another dogma CDCR wants us to believe.
Of course people need to get out of the SHU if they can. But the CDCR has been playing a game to set their agenda and it is not as good as it sounds, because basically this will cost a lot more time, money (for instance, for the journaling: each journal costs $2.70) plus they use this method to tell the people outside: "look, with the help of these cognitive restructuring programs, they have a chance to become better again." (see for instance for a background and examples of questions in these journaling tactics here).
As Mutope Duguma (47), who himself is incarcerated inside the Pelican Bay State Prison SHU, already wrote in 2012:
“If anyone thinks that those of us held in solitary confinement units need to go through gang management programs at the ages of 40 to 70-plus years, they are only fooling themselves.
There are NO gang members or gang bangers in the “short corridor” at Pelican Bay, only grown men who came into these institutions at very young ages, who have educated themselves, and who in many cases were never gang members from the get go. What you have back here are political prisoners, jail house lawyers, strong minded influential prisoners who understand the games correctional officers and officials play.
Those of us who did come into these prisons with a backward mindset do not adhere to that gang nonsense anymore. It’s crazy to tell us, who’ve been in solitary confinement units from 10 to 40 years, that we’ve got to go through a “step down program,” or SDP, in order to get out, when we’ve been held illegally and subjected to physical and psychological torment throughout our stay in these torture chambers.”
It would not be surprising at all if Jeffrey Beard, who himself has an education in Psychology, was behind this and had the Change Companies, who publish these journals, step in as 'saviors.'
If CDCR wanted these programs and really wanted people to move through step-down programs, they could have done so decades ago, but they apparently did not want this.
Three hunger strikes were necessary to get CDCR to reconsider its indefinite SHU / solitary confinement / permanent lockdown plans.
Therefore, CDCR has had to come up with this Step-Down-Program to look good, in the propaganda of a tax-payer-funded Department, and not to let down their powerful lobby of the CCPOA. CDCR should have talked with the prisoners and listened, and they should have acknowledged, that being kept in solitary confinement / administrative segregation / indefinite lockdown for a month, a year, a decade, or more, is torture and not something a judge ordered in a court of law.
It would be good if everyone was aware what games CDCR is playing with their propaganda-machine. This is an evil game. It is based on convincing the public outside and inside to believe CDCR, the torturer, is the only party to have a say in how to solve a torture program they have been conducting since decades. We should demand decency and honesty from CDCR.
Feb. 10, 2014