Number 38 Spring 2012 Serving The Interests Of Prisoners And Their Loved Ones On The Outside For Over Twenty Years THE NEW BOSS LOOKS A LOT LIKE THE OLD BOSS AN ANALYSIS OF THE CDCR’S PROPOSED MODIFICATION OF THE VALIDATION AND SHU PLACEMENT PROCESS “[T]he goals we are currently pursuing are objective- Gangs” or “Disruptive Groups” and instead will use a “Se- otherwise very restrictive regimen. After a given amount of ly incorrect. To reform the validation process is good, curity Threat Group” designation or STG. STGs are divided time, with what your captors regard as good behavior, the but as an ultimate objective it is not a resolution. It’s a into two groups, STG-I and STG-II, what used to be gang prisoner slowly moves from one phase to another. With each peripheral manifestation of the SHU’s themselves. It’s members and gang associates or affiliates, respectively. phase they get more privileges, and also have additional obli- secondary, like bed sores on a cancer patient. Bandages What is a STG? It is defined as “[a]ny group or organiza- gations, such as participating in mandatory group program- and topical treatment are necessary, as a reformation tion of two or more members, either formal or informal (in- ming, small groups at first, then larger ones. Upon successful of the validation process, to cure the bed sores, which cluding traditional prison gangs) that may have a common completion of the “Inmate Treatment Plan” (behavior modi- are peripheral to the cancer, but the patient needs to be name or identifying sign or symbol, whose members engage fication process) the prisoner is released either to an SNY cured of the cancer. We are not going to be cured of per- in activities that include, but are not limited to … acts or or to GP, or possibly returned to the SHU if the process is petual isolation with Band-Aids, by reformation of the violations of the department’s written rules and regulations” deemed unsuccessful. process, but only by dealing with the principle source of or any law or attempting, planning, soliciting, etc. to do such this illness—the SHU itself.” things. How is one assessed to be an STG? The list is too The carrot A SHU prisoner long to detail here, suffice it to say two or more people who Of course there must be a little carrot in there, it can’t be By Ed Mead the cops feel might represent “a potential threat to the safe all stick. That bite of carrot is the opportunity to at some Prison Focus Editor and secure environment of the institution … such activities point allow an administrative review of the status of current n this issue of Prison Focus CPF’s President, Ron Ahnen, as group disturbances [like a peaceful hunger strike?].” SHU or ASU prisoners, which of course would be fair and and our Executive Director, Marilyn McMahon, as well Validation continues to be “[t]he objective process by impartial—that what they had to say to you yesterday will be Ias myself, and even Amnesty International, have all writ- which an inmate is determined to be or have been an active different than what they have to say to you tomorrow. ten articles expressing our opinions on the disadvantages of member of a STG.” While the CDCR’s draft documents The CDCR says it “will be conducting a case by case re- the CDCR’s proposed modifi cation of the SHU placement refer to the STG designation, the surrounding verbiage is view for program determination of the existing STG popula- and validation process. Yet there is only one opinion that re- all about gangs and validation. The stated purpose is still to tion housed in SHU facilities.” They continue, “[I]t cannot ally matters in this situation, and that consists of the conclu- “prohibit inmates from creating, promoting, or participating be overemphasized that change of this magnitude in current sions reached by the SHU prisoners themselves—those who in any club, association, or organization, except as permitted housing of SHU offenders must be done in a thoughtful and are directly suffering under the CDCR’s boot on their collec- by written instructions.” This of course prohibits forming security minded manner…” (read slow). So when will this tive necks. That conclusion is follows this article. a prisoners’ union, something guaranteed to all humans by administrative review of existing SHU prisoners start to take There is very little velvet glove and a lot of iron fi st in the the Universal Declaration of Human Rights. place? They say “[u]pon approval of this document, CDCR CDCR’s proposed policy. The essence of their draft rules is will develop new regulations consistent with this policy for to do away with gang status as a means of SHU placement, Validation changes - a case of too little too late submittal to the Office of Administrative Law” for approval. and to replace it with a threat model or designation, like the Under the proposed new rules it would still take three Sometime after that approval the case by case review will feds do. Instead of them saying you are somehow related to sources to validate a prisoner as a gang member (STG) or as- begin. a gang, they now change the name of “gang” to “Security sociate. The only difference would be that under the new sys- Threat Group.” If you should (god forbid) write about or ver- tem these sources would be “weighted” in a ten point scale. Conclusion bally communicate how messed up it is to be a slave in 2012 Use a hand sign, that’s two points. Someone informs on Maybe some will be released from the SHU, people may America, then you are a “threat.” My friend Bill Dunne has you, three points. Got gang-related material in your posses- call it a victory, and everyone will go home (to GP) happy. been perpetually locked down in the federal system under sion, four points. A photo of you taken with suspected gang But what has really been won? A new generation of SHU just such a designation. But more to the point, how does this members, four points. Staff observations, for example, you prisoners will take the place of those few who go through proposed new policy meet the fi ve core demands? are exercising with the wrong group of people, four points. the behavior modification program or are otherwise released Another agency says you are gang affiliated, four points. As- from the SHU. The process of litigation will start all over The name has changed but the game is the same sociation, four points. Visitors who are claimed to be promo- again, and another 15 years are wasted—a period during The CDCR plans to no longer utilize the terms “Prison ting gang activity, four points. Phone conversations, mail, which even more lives are destroyed. In my opinion this is notes, greeting cards, etc., four points. Tattoos or body mark- not the time to be settling for cheap trinkets. It is time to fin- ings, six points. Legal documents evidencing gang conduct, ish off the SHU once and for all. The Prisoners’ Five Core Demands seven points. There is more but you get the idea—the new On March 10th the NY Times printed an article titled “Pris- boss is a lot like the old boss. ons Rethink Isolation, Saving Money, Lives and Sanity.” Similar articles are in the New Yorker magazine and other 1. Eliminate group punishments Behavior modifi cation by another name trend-setting publications. The mood on the streets is open Before there was the super-max prison in Florence Colo- to substantial change in segregation policies—not a merely 2. Abolish debriefi ng policy and modify active/inac- rado, the federal ADX, there was the U.S. Penitentiary at changing the name of the bland soup they always serve up. tive gang status criteria Marion, Illinois, which was built to replace Alcatraz. Marion SHU prisoners have finally stepped onto the stage of history, housed “the worst of the worse”, a phrase frequently used by now it is time to amplify their voices even further—not just 3. Comply with recommendations of US Commission California’s prison officials with respect to SHU prisoners. to the halls of power, but to their peers and communities as on Safety and Abuse in America’s Prisons (2006) In the late 1970s and through the early 1980s the feds well. Now’s the time to build a lawful and peaceful move- implemented a controversial step or behavior modification ment to bring about a positive change in the existing prison 4. Provide adequate food program at Marion. Prisoners in the program would start out paradigm. ♦ with nothing, and step-by-step be given their rights based on their behavior. In the final phase or step, in order to show [Editor’s Note: See column three on page four to read 5. Provide constructive programs and privileges for you were worthy of transfer to a less secure facility, during Amnesty International’s take on the proposed new regula- SHU prisoners the regular group meetings you would be expected to snitch tions Having no understanding of the history of the pris- on fellow prisoners who may have violated some minor unit oner’s rights movement in the U.S., they think the state’s ● Feb 2011 - Prisoners send these demands to rule. Marion prisoners waged a historic and eventually suc- behavior modification scheme is just fine.] the Governor and CDCR offi cials cessful struggle against this behavior modification program and it was shut down.