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

 

Colorado prisons moving 321 inmates out of lockdown

A little bit of hopeful news from a Lockdown State, already from Jan. 21st, but anyway.

By Kirk Mitchell
The Denver Post, Jan 21 2012

The Colorado Department of Corrections is transferring 321 inmates out of administrative segregation following a new directive by the department’s executive director.

Executive director Tom Clements acknowledged that the state’s prisons relied too heavily on administrative segregation. He said one of the reasons the practice should be reduced is because 97 percent of all offenders will someday be released.

Read more: Colorado prisons moving 321 inmates out of lockdown – The Denver Post http://www.denverpost.com/news/ci_19787816#ixzz1lGRg7I25

New Study: Solitary Confinement Overused in Colorado

From: SolitaryWatch:
November 18, 2011
by Jean Casella and James Ridgeway

A new report on solitary confinement in Colorado’s state prisons concluded that there are far too many inmates in round-the-clock lockdown. A series of relatively modest changes in its classification, review, and mental health treatment practices would “significantly reduce” the number of prisoners in administrative segregation, the report found. The report was funded by the National Institute of Corrections, and its authors, James Austin and Emmitt Sparkman, were involved in the dramatic reduction of solitary confinement in Mississippi’s prisons.

Alan Prendergast, who has spent more than a decade reporting on Colorado prisons for Denver’s weekly Westword, reviewed the report and provided the following summary:

A study by researchers at the National Institute of Corrections has found that Colorado’s approach to locking down its most unruly prisoners in 23-hour-a-day isolation is “basically sound” — but could be used a lot less. Instead, even as the state’s prison population is declining slightly, the use of “administrative segregation,” or solitary confinement, continues to increase.

The Colorado Department of Corrections houses close to 1,500 prisoners in “ad-seg,” about 7 percent of the entire state prison population. That’s significantly above the national average of 2 percent or less — and if you factor in the additional 670 prisoners who are in “punitive segregation” as a result of disciplinary actions, the CDOC figure is closer to 10 percent. And four out of ten of the prisoners in solitary have a diagnosed mental illness, roughly double the proportion in 1999. The state’s heavy reliance on ad-seg, including building a second supermax prison to house the overload, has put Colorado in the center of a growing national controversy over whether isolating prisoners creates more problems in the long run.

NIC researchers James Austin and Emmitt Sparkman were invited by DOC to prepare an external review of its ad-seg policies and classification system. Among other points, the pair found that the decision to send prisoners to lockdown has little review by headquarters; that “there is considerable confusion in the operational memorandums and regulations on how the administrative segregation units are to function;” that the average length of stay in isolation is about two years; and that 40 percent of the ad-seg prisoners are released directly to the community from lockdown, with no time spent in general population first.

Austin and Sparkman urge the DOC to require a mental health review before a prisoner is placed in ad-seg and to simplify the programs and phases inmates are required to complete before returning to a less restrictive prison. Even modest administrative changes would “significantly reduce” the state’s lockdown population, they claim, freeing up cells for other uses and saving the state money, since supermax prisons are more costly to operate than lower-security facilities.

For more on solitary confinement in Colorado, read our article Fortresses of Solitude.