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

 

Protest Disciplinary Actions Against Prison Hunger Strikers

This was sent by email to those who signed up to pledge taking action, but everyone can participate!
Greetings to all Pledge signers,
As you know, on July 8, 2013 more than 30,000 California prisoners initiated a historic hunger strike calling on the Governor and the California Department of Corrections and Rehabilitation (CDCR) to meet their 5 Core Demands. Sixty days and one death later, the strikers suspended the strike.
Thank you so much for continuing your support of the hunger strikers.
CDCR RETALIATES AGAINST PEACEFUL PROTEST WITH ACCUSATIONS OF SERIOUS RULE VIOLATIONS (115 WRITE-UP)
The hunger strike was a non-violent and peaceful protest of resistance against the violence and torture perpetrated against prisoners by prison staff. Prisoners all over the world use hunger strikes to affirm their humanity. Hunger striking is a time-honored form of peaceful protest, going back hundreds – perhaps thousands – of years. It allows nonviolent dissent for people who lack viable methods to obtain redress of grievances.
Every person who participated in this summer’s peaceful protest of refusing meals has received a 115 write-up, accusing him of committing a serious rule violation for his participation in the hunger strike. This is a continuation of CDCR’s attacks on the nonviolent protest.
A 115 WRITE-UP CAN EXTEND SOLITARY CONFINEMENT PERIOD AND RESULT IN DENIAL OF PAROLE
A 115 is serious. It can result in extending a prisoner’s period of solitary confinement by years, in the imposition of penalties like television restrictions, or in becoming the basis for denying parole.
If the 115 is gang-related, the results are even worse: it can be used to validate a prisoner as a gang member or associate. Validation can cause the prisoner to be moved to the Security Housing Unit (the “SHU,” aka solitary confinement), or to be kept longer in the SHU. Officials at California State Prison Corcoran, and possibly at other prisons, encouraged prisoners to stipulate that they had participated in the hunger strike, in exchange for a lesser 115 penalty. But that stipulation included a phrase acknowledging that the hunger strike was organized or directed by prison gangs, leading to grave repercussions for participants throughout the system.
Keeping people in solitary confinement for more years, because they peacefully protested solitary confinement, is outrageous! This is a symptom of the unjust retaliation that CDCR is perpetuating against hunger strikers.
TELL CDCR THAT THE PRACTICE OF ISSUING 115 WRITE-UPS FOR PARTICIPATING IN THE HUNGER STRIKE IS OUTRAGEOUS
Please contact M. D. Stainer, Director of the Division of Adult Institutions at CDCR. Your voice needs to be heard by the people making decisions! Tell him to end this policy of punishing people for refusing their meals in nonviolent protest, and to reverse the 115s that were given out. Let him know that you are distressed to hear that about his policy of issuing 115 write-ups, further oppressing the peaceful hunger strikers.
M.D. Stainer, Director
Division of Adult Institutions
Department of Corrections and Rehabilitation
P. O. Box 942883
Sacramento CA. 94283
(916) 445-7688
PHSS will let you know when we find out the effects of our collective activity. Please share this Alert with your networks!
In solidarity,
Dana Gross, for Emergency Response Network – Pledge of Resistance
Prisoner Hunger Strike Solidarity Coalition