[Ppnews] Demands from the San Quentin State Prison Adjustment Center

Political Prisoner News ppnews at freedomarchives.org
Tue Jun 11 17:31:28 EDT 2013

    Demands from the San Quentin State Prison Adjustment Center

June 10, 2013

Open letter to the Director of CDCR, the Warden of San Quentin Prison 
and the Captain of the Adjustment Center

San Quentin top officials have concocted and enacted an exclusive code 
of regulations called the IP 608 Condemned Manual, which mandates that 
Death Row prisoners are under the control of the warden of San Quentin 
Prison. Therefore, after years of the abuse of authority by Adjustment 
Center (A/C) committee members and unit staff and after years of filing 
602s that fall on deaf ears here in the A/C, all the way up the chain of 
command to Sacramento, a collective group of Death Row prisoners in the 
A/C will be joining in the statewide non-violent, peaceful hunger strike 
in July 2013 to demand that the warden of San Quentin use his power of 
authority to bring about positive change to prisoners housed in the A/C SHU.

For years, Grade B A/C prisoners have been told Grade B is not a 
punishment; it's just a "program" different from Grade A. So the warden 
should be able to use his power of authority to order the following 
immediate changes without delay:

   1. The warden should immediately implement a "behavior based program"
      that amends the current criteria that permit a condemned prisoner
      to be eligible for Grade A privileges and be removed from the
      punitive punishment of Grade B status, basing this program on a
      condemned prisoner's current good behavior and disciplinary free
      conduct regardless of a prisoner's alleged gang status or
      validation and eliminating the under-the-table and vague
      indeterminate status in the A/C. The warden must order the
      immediate release of A/C prisoners who are not validated as
      alleged gang members and associates and have remained disciplinary
      free for years.
   2. The warden must order the A/C committee to stop the controversial
      and unfair classification practices of using illegal inmate
      informants and anonymous informants and the so-called roster list
      of names to label prisoners gang members and associates and to
      stop the illegal and vague "mandatory debriefing" and vague
      validation process. San Quentin officials must put in place a set
      of standards and safeguards to protect a prisoner's right to be
      free from cruel and unusual punishment
          * Any information used in A/C committee decisions must be
            first-hand information and must be corroborated by three
            different independent sources;
          * A/C committee must state on the record why such information
            is indicative of gang activity and state on the record what
            California laws are being broken;
          * Any information used against a prisoner must be provided to
            the prisoner and all copies of documents, such as 1030s and
            128s, and debriefing reports placed in a prisoner's C-file
            must be immediately disclosed to the prisoner so he will
            have ample time and opportunity to contest and challenge any
            allegations in writing through administrative 602s and legal
            redress to confront his accuser or confidential source.
   3. The warden must (a) order the end of the administrative
      segregation of condemned prisoners to segregated yards that have
      been designed to label a condemned prisoner unjustly, (b) order an
      end to the constant use of bogus confidential inmate informants
      and bogus 1030 disclosure forms to deny A/C prisoners access to
      Grade A status and access to the A/C group yards, and (c) order
      that all four group yards in the A/C be labeled "re-integrated
      yard 1, 2, 3 and 4" and remove the racist yard labels of
      "Southern/White and Northern/Black" that A/C staff and committee
      have used for decades to instigate racial division and segregation
      among prisoners of different races who would like to program and
      co-exist on a group yard together. Every A/C prisoner should be
      given group yard unless the prisoner chooses to stay in a
      walk-alone cage. The warden must order that all walk-alone cages
      have roof coverings like the cages in East Block and Carson
      Sections, and add a dip bar in each cage for exercise.
   4. The warden should cease all group punishment tactics. Group
      punishments and lockdowns were designed for large-scale riots, not
      for alleged isolated incidents. The warden should cease the
      unlawful use of the interview/interrogation process and never
      allow the vicious attack and assault on prisoners by A/C staff
      just because a prisoner invokes his Fifth Amendment right to
      remain silent and refuses to answer questions during an
      interview/interrogation. This illegal policy of forced
      interrogations makes no sense because if staff utilize chemical
      agents on a prisoner, which have proven to be lethal, and attack
      him and then drag the prisoner into an interview/interrogation
      room, he will say, "I have nothing to say," and take the Fifth. Or
      the prisoner might give a statement based on his fear and the fact
      he was brutally attacked, in which case the information would be
      deemed "given under duress and torture, therefore unreliable." So
      the use of violence on prisoners, particularly on prisoners of
      color, is just an excuse and a blatant act of the worst kind of
      torture and racially motivated retaliation. Also, the
      administration should cease passing out "interview questionnaires"
      to prisoners after an alleged isolated incident because the
      informants read these questionnaires and re-word them and use them
      as first-hand information when the informants did not get the
      information from a prisoner but directly from a prison official.
      Simply put, these forms describing the incident are only done so
      rat inmates can exploit these incidents for gain by giving staff
      bogus and false statements to be used on 1030 disclosure forms and
      be rewarded by obtaining Grade A and other privileges and favors.
   5. The warden should order the end to the degrading policy of
      stripping out A/C prisoners outside during yard recall, violating
      Title 15, Section 3287(4)(8), which partly states that "all such
      inspections shall be conducted in a professional manner which
      avoids embarrassment or indignity to the inmate. Whenever
      possible, unclothed body inspections of inmates shall be conducted
      outside the view of others." Stripping out in the cold and rain is
      inhumane, and it's time for this policy to stop. The warden should
      allow A/C prisoners to wear tennis shoes or state shoes on all
      escorts, especially in the rain, to visits and medical escorts,
      and put an end to the "shower shoes only" policy and allow A/C
      prisoners to be fully dressed in state blues when going to the law
   6. The warden should order that the third watch sergeant return the
      scheduling of A/C prisoners for SHU law library to the SHU law
      librarian clerk and start utilizing all available SHU law holding
      cells so Death Row prisoners can do important research at least
      three to four times a month. A lot of prisoners are being denied
      access to SHU law library on a regular basis. The third watch
      sergeant should be ordered by the warden to end the practice of
      putting dinner food on paper trays to sit on the bed in the cell
      while prisoners are at law library as this practice is unsanitary
      and eating cold food is unhealthy.
   7. The warden should order the end of excessive use of property
      restrictions. No other CDCR prison in the state of California uses
      property restriction as a punishment and it's only done in extreme
      cases. Title 15 mandates no longer than 90 days. The excessive use
      of property restriction punishment in the A/C is based on nothing
      more than A/C committee members' abuse of power and authority and
      is never based on a prisoner's behavior.
   8. The warden of San Quentin should use the power of his authority to
      expand A/C Grade B privileges for prisoners housed in the A/C
      through no fault of their own and who have remained disciplinary
      free for years.
          * Allow contact visits with family, friends and attorneys, or
            allow 2½-hour non-contact visits in Booths A-l, A-2 and A-3
            in the visiting room.
          * Allow two phone calls per month.
          * Allow hobby and educational programs for the A/C.
          * Allow more educational channels like the Discovery Channel,
            the History Channel and National Geographic.
          * Allow $110.00 canteen draw a month.
          * Allow four food packages a year or two food packages and two
            nutritional packages of vitamin supplements and protein meal
            supplements from approved vendors.
          * Allow A/C prisoners to participate in the food charity drives.
          * Allow 10-book limit in cell, not to include any legal or
            religious books.
          * Allow A/C prisoners to purchase white boxer underwear,
            T-shirts, socks and thermals from approved vendors at least
            four times a year (each quarter).
          * Allow clear headphones, non-clear earbuds and headphone
            extension for TVs and radios or leave speakers connected in
            TVs and radios.
          * Order the return of exercise equipment on the group yards,
            return the basketball court and the pull up bars, and add
            dip bars and a table and provide group yard activity items
            such as basketballs, handballs, board games and cards.
   9. The warden should order that all medical chronos issued and
      approved by the chief medical doctor be honored and order all A/C
      staff not to interfere with the medical needs of prisoners.
      Custody staff should have no say-so in medical needs of prisoners.
      If the medical needs of a prisoner cannot be met in the A/C, then
      the prisoner should be housed in a unit where his medical needs
      can be accommodated. The A/C unit staff must not be permitted to
      impose unjust punishments upon prisoners who have a proven need
      for medical appliances. When it is deemed medically imperative for
      modified cuffs, staff puts the prisoner on leg restraints claiming
      "safety and security," when in fact it is an attempt to discourage
      prisoners from seeking medical appliances by punishing them with
      unnecessary, painful, degrading and excessive mechanical restraints.
  10. Order the Institutional Gang Investigation (IGI) unit to stop the
      harassment of interfering with A/C prisoners' mail. Incoming mail
      has been denied and held by IGI under the excuse of "promoting
      gang activity" with no further explanation of exactly what
      constitutes "promoting gang activity"! Many times incoming mail
      takes anywhere from 20 to 40 days from the postmarked date on the
      letter to reach prisoners in the A/C. Legal mail has been taking
      far too long to reach A/C prisoners, and it should be passed out
      with regular mail call at 3 p.m. so that prisoners can have plenty
      of time to respond to their attorneys by the 9 p.m. mail pick-up.

All of these issues are fair and reasonable and create no serious 
threats to the safety and security of the A/C but can only create a more 
positive and productive environment in the A/C for prisoners who have 
been put in a punishment situation with no disciplinary write-ups for 
years. We ask that the warden of San Quentin and the captain of the A/C 
look into these issues as soon as possible.

Thank you.

Main A/C Representatives: Smokey Fuiava, E-35592, 2AC56; Richard 
Penunuri, T-06637, 3AC55; Billy Johnson, F-35047, 2AC51; Todd Givens, 
V-42482, 3AC52; Marco Antonio Topete, AK-7990, 1AC12; Cuitlatuac Rivera, 
T-35975, 2AC67

Body of Representatives: Bobby Lopez, K-76100,1AC16; Reynaldo Ayala, 
E-10000, 2AC59; James Trujeque, K-76701, 3AC13; Mike Lamb, G-30969, 
2AC1; Hector Ayala, E-38703, 3AC4; Marty Drews, C-88058, 3AC2

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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