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<h1><font size=4><b>Prison Officials Say Conditions Will Improve, Inmates
Ready to Strike Again</b></font></h1><font size=3>August 18, 2011, 3:07
pm • Posted by <a href="http://blogs.kqed.org/newsfix/author/kqed/">KQED
News Staff</a><br>
<a href="http://blogs.kqed.org/newsfix/2011/08/18/officials-prison-isolation-units-focus-of-reform/" eudora="autourl">
http://blogs.kqed.org/newsfix/2011/08/18/officials-prison-isolation-units-focus-of-reform/<br>
<br>
</a>By Michael Montgomery<br><br>
[original blog post available at CaliforniaWatch.org]<br><br>
State corrections officials are moving forward with a major policy
initiative that could improve conditions and reduce the length of time
some inmates spend in controversial isolation units. The changes are
being proposed amid threats of another hunger strike by inmates who
spearheaded one last month at Pelican Bay State Prison.<br><br>
The policy changes, which still are being worked out, are in line with
proposals highlighted in an internal study completed in 2007 by a panel
of experts appointed by the California Department of Corrections and
Rehabilitation, according to interviews and documents. The panel’s
recommendations included:
<ul>
<li>Moving to a conduct-based model that punishes inmates for tangible
offenses, rather than for mere affiliation with a gang. This approach is
widely used in other states and by the Federal Bureau of Prisons.
<li>Ending the practice of indefinite detention of alleged prison gang
members and associates in the Security Housing Units
<li>Ending the practice of automatically sending validated prison gang
members and associates to the Security Housing Units
<li>Creating a “step-down” program inside the Security Housing Units to
encourage positive behavior by offering incentives, such as special
programs
<li>Ending the distinction between prison gangs and other threat groups
to give the department more flexibility in determining inmate placement
in the Security Housing Units
</ul>Corrections Undersecretary Scott Kernan said the department is doing
more than conducting another assessment of current policy.<br><br>
“I’m not talking about another study,” he said. “I’m talking about making
some changes that make the process much more in tune and in line with
national best practices. And that’s what the secretary is going to
do.”<br><br>
Kernan conceded there are “holes” in the department's policies for gang
management and its use of the Security Housing Units. He also said the
state was wrong to deny some personal items to inmates housed in the
special facilities.<br><br>
“I think it’s a sign of strength that the department looked at that
(Security Housing Unit policy) and was able to admit their mistakes and
that we’re moving forward,” he said.<br><br>
The policy overhaul could include substantive changes in gang validation
criteria and the practice known as debriefing, which requires inmates to
divulge gang secrets in order to return to a regular prison
cell.<br><br>
“We need to come up with a justifiable due-process validation process and
debriefing process that makes sense and that’s consistent with the rest
of the nation,” Kernan said.<br><br>
Prison experts say California's current policy is outdated, inefficient,
legally vulnerable and often targets gang associates who do not pose a
major security risk while leaving more dangerous inmates housed in the
general prison population.<br><br>
Inmate rights groups say the policies are inhumane, leaving some inmates
languishing in isolation for decades. The American Civil Liberties Union
and others have called on California to adopt practices used in other
states, where inmates are locked in isolation only if they commit
serious, tangible offenses and for fixed terms.<br><br>
Kernan emphasized the changes are not a response to last month’s hunger
strike and are aimed at improving security for inmates and staff. He said
the department is taking a cautious approach and is not considering a
mass release of inmates from the Security Housing Units into the general
prison population.<br><br>
“Any (policy) modification could very well result in serious spikes in
violence in the system,” he said. “So we have to do this right.”<br><br>
Kernan also said the changes would depend on the governor’s realignment
plan being successfully implemented and would need buy-in from the
Legislature, unions and other stakeholders.<br><br>
Inmates and advocates said that during the hunger strike, Kernan spoke of
major policy changes, but in a July 20 memo, he states only that the
department was “reviewing” gang validation and debriefing policies.
Department sources said the memo was intended to focus on “minor changes
that did not require stakeholder review.”<br><br>
Kernan is expected to testify Tuesday before the Assembly's Public Safety
Committee. The hearing was called in response to the inmate hunger
strike.<br><br>
During a media tour at Pelican Bay yesterday, acting Warden Greg Lewis
declined to go into detail about the new policy and said any changes
would move slowly.<br><br>
“Change is like an aircraft carrier. It takes many miles to turn an
aircraft carrier,” he said. “It (the plan) is going to be thoroughly
vetted, thoroughly reviewed. And I foresee some change. I really
do.”<br><br>
Kernan is scheduled to meet strike leaders at Pelican Bay tomorrow, with
Donald Specter, head of the Berkeley-based Prison Law Office. Kernan said
he will inform inmates about the department’s long-term goals and will
emphasize that it could take months to develop a detailed new policy for
the Security Housing Units.<br><br>
But within weeks, a new system could be in place to allow inmates in the
Security Housing Units to earn privileges, such as phone calls to family
members, craft items and exercise equipment, he said.<br><br>
However, it remains unclear whether inmates will be swayed by the
department’s new initiative. Pelican Bay inmate and hunger strike leader
George Franco wrote a letter warning of new protests if corrections
officials don’t move swiftly on changes.<br><br>
“We’re only waiting to see if he (Kernan) will keep his word. If not, we
will re-enact our hunger strike indefinitely and there is nothing they
can say to any of us, period,” Franco wrote.<br><br>
Franco's entire letter, and accompanying documents, are included and
transcribed below.<br><br>
KQED has not verified facts in the letter, and note that CDCR
Undersecretary's name is Scott Kernan.<br><br>
<br>
Here is a transcription of Mr. Franco's letter:<br><br>
Mr. Montgomery,<br><br>
I am in receipt of your postcard on ___<br>
In a few words: he promised the whole five core demands.<br>
I thank you for taking the time out to write to me and it will be my
pleasure to answer all your questions, because what we need out there
more than anything is the truth.<br><br>
Meeting 1: on 7-14-2011 we had our first negotiation with the CDCR
secretary Scott Kerhan, it was me and three other negotiators. I
personally represented the Mexican (Northern District – optional). Mr.
Scott Kernan was very demanding and disrespectful towards us therefore,
the negotiators went “no where” we explained to our mediation team what
occurred and what to do as a result of this meeting.<br><br>
Meeting II: on 7-18-2011, c/o Ellery approached one of the negotiators
saying that he was sent down to ask the three negotiators if they would
meet with Associate Warden K.I. McGuyer, Captain Wood, due to the New
Afrikan negotiator being transferred early that morning on 7-18-2011 at
5:30 AM. We insisted that we would not go out to meet with them unless
there was a New Afrikan representative. The c/o Ellery made several trips
explaining our position.<br>
Then the associate warden K.L. McGuyer came down himself along with
Captain Wood.<br>
They asked one of the negotiators would they agree to meet with
undersecretary Scott Kernan, tomorrow on 7-19-2011, the negotiators said
only if a substitute New Afrikan could take the place of the one you all
transferred abruptly.<br>
He said yes!!<br><br>
Meeting III: Did not take place on 7-19-2011, because Undersecretary
Scott Kernan did not show up, but he did show up on 7-20-2011.<br><br>
Meeting III: on 7-20-2011 in the board of prison term-room all four
principal negotiators met face to face with Undersecretary Scott Kernan
along with the following officials: Director George Giurbino, Warden G.D.
Lewis, Associate Warden K.L. McGuyer, and eight COIS correctional
officers.<br><br>
The first thing Mr. Kernan, asked us to do is end the hunger strike and
we said, we cannot do that without our five core demands being met, Mr.
Kernan said its impossible for me to meet all of your five core demands
with all that’s going on with the hunger strike. We said that we are
making our sacrifice due to the 25 years of torturing and suffering we
have endured. Mr. Kernan then said I agree with all of your five core
demands, “everything you all asked for you should of received/had a long
time ago,” but I cannot give you all five core demands over
night.<br><br>
Mr. Kernan, was very agitated/anxious, he then said I will give you all
your five core demands, we said when, he said in two to three weeks I’ll
come back up (from 7-20-2011) and we will progressively attack this but
all five will be given. We said what can you give us right now? Before
you come back up to implement 1 thru 5 he said you can have all of five.
Many of us haven’t talked to our families in over 20 years and some in 10
to 40 yrs. Then he lied and propagated something else (i.e. calendar,
proctor, and watch cap) this pissed everyone off but we remain united and
ready. He did this to try and demoralize our support. But if he don’t
keep his word all he did is played on CDCR administration. Because we’re
only waiting to see if he will keep his word. If not we will reenact our
hunger strike indefinitely and there is nothing they can say to any of us
period.<br><br>
CDCR Cate/Kernan, also put fake five core demands see enclosed memo he
signed 7-20-2011.<br>
Also see our real five core demands that we “Pelican Bay human rights
movement” stand by demands.<br>
It should be clear that we negotiators had a 3 hour meeting with Scott
Kernan and his chronies.<br><br>
In respects to changing (SHU) policy he said that they were already in
the process of changing policy as to long term solitary confinement he’s
a joke he even went so far to tell us “let’s keep our business between us
we do not need no class action lawsuit we can rectify this ourselves.”
Just prisoners and officials they’re attempting to exclude our mediation
team. They CDCR said they’re moving from information base placement in
solitary confinement to behavior/conduct placement into solitary
confinement. But he said our five core demands will be implemented
bottomline.<br><br>
Note: I been in (SHU) on an indeterminate SHU since beginning of 1992.
For conspiracy to commit harm to others safety. This info was given by
informant(s). Every six yrs I could appear before a committee to see if
I’m eligible for the six yrs. Non-active so that I can be sent to a
mainline but before this six yr. period an institutional gang
investigator (IGI) with search property in cell and for some reason will
always use something a picture, drawing, pattern, address plus some so
called valid info to use to extend the six yr non-active period all over
again. It’s a cycle we all go through. If I choose to debrief: snitch-rat
I would be let out to a mainline but that is not my belief. I would never
have a person put in SHU. So like I said only option to get out of SHU is
either snitch, die or parole.<br><br>
The conditions/policies are so abused I was put on mail restriction
meaning I have to appear before a special committee every 6 months with a
list of names/addresses so they can consider having them put on my
approved correspondence list. I was put on this mail restriction back in
5-18-2011. I was not given a writeup for any so called CDCR mail
violations. This is another tactic IGI uses to cut off our communications
with family, relatives, and friends. Us prisoners and our families,
relatives, and friends are accused/penalized for so called conducting
illegal/gang activities. Children to grandparents have been accused of
such “?”.<br><br>
With respect,<br><br>
George Franco<br><br>
Note: Please send copies of our original (5) core demands also a copy of
Kernan’s non-sense (5) core demands. ‘Thank you.’<br><br>
One more item of evidence to present to you this CDC 128-B chrono is what
is given to us and a similar one to whoevers mail got stopped by CDCR.
Shot caller press pertains to having inmates compete for a financial
prize on best poems, stories, literature its harmless. You see on the
left hand side all the little squares that IGI can use/abuse to cut off
our communications. This tactic also scares off people to communicate
with us further. This tactic also scares off people to communicate with
us further. This tactic is abused it penalizes, violates peoples 1st
amendment right. This form stated being used when the short corridor was
established. All these different options can be fabricated for violations
in order to have our mail stopped/confiscated.<br><br>
You can check with this shot caller press in Portland Or. To get a better
insight of what they print. “This is it.”<br><br>
<b><i>Michael Montgomery is an investigative reporter with KQED and
California Watch. Read more from California Watch
<a href="http://californiawatch.org/">here</a>.<br><br>
<br><br>
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