[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
* 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.
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,
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
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