CDCR allegedly creates new types of solitary confinement cells, applying double jeopardy

From a letter sent on Aug. 14, 2015:

I’m writing to you about a new disciplinary building that’s been implemented here and at other prisons. It is known as a C-Status building.
It’s both similar and yet different from the Hole, or SHU.

This new program was implemented this year and cdcr are putting inmates in here based on how many 115s we get. The criteria is having two “Serious” 115s* (this could be for phone possession, dirty drug test, fighting, ANY Division offense really), or one Serious and two Administrative 115s, within a 6 month period.

The problem with this is if staff doesn’t like you, they can and will find something to write us up on, and it’s like we are being punished twice.

We have to deal with the disposition/punishment from the 115 (loss of yard, loss of phone, canteen, appliances, visits, etc), and then if we have two write ups, they convene a Commitee hearing (the captain, CC1, and CC2), label us as ‘program failures’ and we get put in the C-Status building for on average 5 months.

Once in the C Status building, our TVs, hot pots, fans, watches, radios, shavers, anything electronic is taken from us, as well as musical instruments, and we’re told to either send it home or donate it, but they will not store it for us. For recreation, we are only given one hour in the concrete yard at the same time every day.

The Title15 says they are only supposed to take away entertainment appliances, but they are going beyond that. They do not allow us to go to the law library (only paging), or go to any religious services.

Many of us have appealed via 602, but they have been screening out every one. We are essentially being punished twice, the first punishment being from the 115, and then by committee putting us in here, sometimes months after the original 115 disposition.

There are approximately 44 cells that have been appropriated in 8-Block (all of the cells in B and C section) to be used to house inmates placed on ‘C-Status’ by the disciplinary lieutenants and/or ‘C/C’ placement (Privilege Group & Work Group), by prison officials at a Committee hearing (which consists of the facility Captain, CC1 Counselor, and CC2 Counselor).

Since the implementation of this new punishment, prison officials have been on a grind to fill up these cells. And they have done just that; almost all 44 cells (double occupancy) have been filled up. And these are only with the inmates on this yard, C-yard.

There is a huge disparity in the treatment and ‘program’ we receive compared to those inmates that get sent to Ad-Seg and SHU’s. They have more privileges than us and they are often placed there for way more serious offenses, such as possession of weapons, distributing/possessing drugs, battery and assault on staff or inmates, etc. And these Ad-Seg inmates are allowed to have their TV’s, and new arrivals to Ad-Seg are even given radios to use temporarily. Even more important, they are [in theory] allowed access to the law library twice a week.

But for many of us we’re put on C/C for petty offenses, and once here we are not allowed to go to the law library or any religious service programs.
Being denied access to the law library and its resources is a huge obstacle to those with active appeals and court cases. It’s denying us with one of our fundamental rights to have access to law materials and the courts.

CSP-Sac officials have ignored the Title-15, and often make and impose changes arbitrarily. For example, since when is a hotpot, fan, or wrist watch considered an ‘entertainment appliance’, which they have and thus will not allow us to have them. However, according to the Title-15, the only property we’re not allowed to have while on C/C or C-Status, are ‘entertainment appliances’ (TVs, radios, and musical instruments).

We are being subjected to worse treatment and denied programs, and for many of us these are for petty offenses. All of us have already been found guilty and punished once already for the 115, but now if we have two 115 write-up’s within 6 months of each other, we get punished twice by being put in this shit-hole of a disciplinary building, often for up to 5-6 months. This is double jeopardy at its finest.

*=Rules Violation Reports, see 3310-3326 of CDCR Title 15 rules book

 

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