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<h2><a
href="http://sfbayview.com/2014/we-are-relying-on-the-legislature-to-rein-in-cdcrs-gross-abuse-of-power-this-year/"
title="We are relying on the legislature to rein in CDCR’s gross abuse of power, this year">We
are relying on the legislature to rein in CDCR’s gross abuse of power,
this year</a></h2>
<div class="date">April 22, 2014</div>
<div
addthis:url="http://sfbayview.com/2014/we-are-relying-on-the-legislature-to-rein-in-cdcrs-gross-abuse-of-power-this-year/"
addthis:title="We are relying on the legislature to rein in CDCR’s gross abuse of power, this year "
class="addthis_toolbox addthis_default_style "><b><small><small><small><a class="moz-txt-link-freetext" href="http://sfbayview.com/2014/we-are-relying-on-the-legislature-to-rein-in-cdcrs-gross-abuse-of-power-this-year/">http://sfbayview.com/2014/we-are-relying-on-the-legislature-to-rein-in-cdcrs-gross-abuse-of-power-this-year/</a></small></small></small></b><br>
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<p><em><strong>by Todd Ashker</strong></em></p>
<p>As a principal representative of the PBSP SHU (Pelican Bay State
Prison Security Housing Unit) Short Corridor Collective Human Rights
Movement, I begin this personal perspective update with a shout out of
solidarity and respect to all those inside and outside these prison
walls who have put aside divisive race and culture differences in order
to unite as a prisoner class and demand long overdue, meaningful
reforms to the fascist prison industrial complex – beginning with the
end of long term solitary confinement and inclusive of humane
treatment, dignity, respect and rehabilitative programs and privileges
of real substance – beneficial to all prisoners, our outside loved ones
and public safety in general.</p>
<p>Additionally, I sincerely thank the California Assembly and Senate
Public Safety Committee members for holding the joint public hearings
Oct. 9, 2013, and Feb. 11, 2014, in order to further examine the CDCR’s
use and abuse of long term punitive solitary confinement as a general
purpose “status”-based gang management policy resulting in the torture
of thousands of people over the course of more than three decades.</p>
<p>These hearings were in response to our third peaceful hunger strike
protest in two years, wherein more than 40 prisoners fasted for 60
days, and, at its peak, more than 30,000 prisoners joined in solidarity
to protest decades of personal subjection to policies amounting to
state sanctioned torture! Prisoner Billy Sell’s death was directly
related to our collective protest issues, and others have yet to fully
recover.</p>
<p>There can be no doubt that the legislators’ courageous act of
publically acknowledging our protest issues in late August 2013 saved
many lives, and it gave many people real hope that substantive changes
will be forthcoming. And now that there has been additional public
exposure – via the two public hearings – demonstrating CDCR’s refusal
to institute real, meaningful changes, on its own, people are relying
on the legislature to do all in their power to pass legislation reining
in CDCR’s gross abuse of power, this year.</p>
<p>This is of critical importance in light of CDCR’s push to have their
“Security Threat Group-Step Down Program” formally adopted into the
rules and regulations – in spite of repeated, point specific objections
to such by those affected by it, the prisoner class, including outside
loved ones and people of conscience. There are many red flags within
the STG-SDP policy, as well as related actions demonstrative of our
point that this policy is simply a repackaged new twist on the policies
in place for the past 30 years, as briefly illustrated below:</p>
<p>The new disciplinary matrix changes nothing; it merely codifies all
the innocent, associational type acts used to keep us in SHU
indefinitely for the past 30 years into the regulations, as formal rule
violations requiring a rules violation report. Being found guilty of
such is a slam dunk resulting in placement or retention in SHU for an
indefinite term of four years to life.</p>
<p>Additionally, it instructs staff to issue rule violations based on
confidential prisoner informant debriefing reports meeting reliability
criteria per CCR Title 15, Section 3321. Those inside know how IGI
(Institutional Gang Investigations) et al manipulate this. Thus people
can expect lots of write-ups based solely on confidential prisoner
informant claims, which will result in being found guilty. And once the
determinate SHU term assessed for such is completed, it’s all about
beginning the four years to life SDP!</p>
<h3 style="text-align: center;"><span style="color: rgb(128, 0, 0);">There
can be no doubt that the legislators’ courageous act of publically
acknowledging our protest issues in late August 2013 saved many lives,
and it gave many people real hope that substantive changes will be
forthcoming.</span></h3>
<p>Since we suspended our hunger strike on Sept. 5, 2013, the CDCR has
conducted 12 case by case reviews of PBSP Short Corridor prisoners
classified as members – that’s 12 over the past six months.
Additionally, the statistics show that while CDCR claims to have
released more than 400 prisoners from solitary confinement to general
prison population per STG-SDP case by case reviews, the number of
prisoners in solitary confinement cells has increased! This is what we
stated would happen way back in March 2012 in our public opposition to
the STG-SDP proposal.</p>
<p>The CDCR has kept their word about providing us with a bit more SHU
privileges responsive to our fifth core demand and related supplemental
demands. These are all things former CDCR Undersecretary Kernan
admitted we should have had 20 years ago when we met with him in 2011.
And most were only recently authorized a few weeks before the Feb. 11,
2014, legislative hearing.</p>
<p>Of course, they are a plus, but they don’t go far enough – e.g., we
should be able to have contact visits and weekly phone calls etc. – and
a real concern is that providing additional privileges is the
prisoncrats’ way of improving SHU and Ad Seg conditions with the intent
such will make it acceptable to keep us here forever.</p>
<p>Our remaining demands 1-4 remain unresolved.</p>
<h3 style="text-align: center;"><span style="color: rgb(128, 0, 0);">The
statistics show that while CDCR claims to have released more than 400
prisoners from solitary confinement to general prison population per
STG-SDP case by case reviews, the number of prisoners in solitary
confinement cells has increased!</span></h3>
<p>Many people recognize that there is an element within CDCR’s rank
and file – administrators, Office of Correctional Safety (OCS),
California Peace Officers Association (CCPOA, the guards’ union) etc. –
whose underlying agenda is to maintain and promote the expansion of the
prison industrial complex, related to the growing fascist police state
agenda in this nation.</p>
<p>One of the prisoncrats’ tactics under CDCR Secretary Beard’s
leadership is the increase in propagandist demonization of SHU
prisoners as the “worst of the worst” in order to try and justify and
expand on the policies and practices condemned by the world as
violating longstanding human rights treaty law banning torture. A
recent example is <a
href="http://www.latimes.com/news/opinion/opinionla/la-oe-beard-prison-hunger-strike-20130806,0,4933570.story#axzz2zZwVLg5c">Secretary
Beard’s LA Times op ed of Aug. 6, 2013</a>, wherein he claimed the
hunger strike, a massive, peaceful protestation, was a gang power play,
intended to regain control of the prison system.</p>
<p>Secretary Beard’s support for this obvious lie? Reliance on 25- to
40-year-old events taken out of context and stories by two prisoners
who broke down after years of enduring torturous SHU conditions,
“debriefed” and were quickly recruited as state propagandist
collaborators. In order to “successfully debrief,” one must support the
CDCR-OCS agenda.</p>
<p>Notably, prior to these torture victims’ agreement to become state
agent collaborators, they were in the PBSP SHU Short Corridor, labeled
the worst of the worst. Each of them is serving a life term for murder
convictions outside prison and had been issued many serious rule
violation charges while in prison – landing them in SHU. One was
accused of strangling his SHU cell mate.</p>
<p>Yet, as soon as they agreed to become state collaborators against
our cause, their past misdeeds are forgotten, and their words become
“good as gold” while CDCR parades them before the public. This is a
strategy used by CDCR to try and distract the world’s focus away from
our exposure of state sanctioned torture. This is how fascists operate.</p>
<p>For their part, these two collaborators now enjoy special general
prison population perks, at the “sensitive needs” prison of their
choice.</p>
<p>Also notable is the fact that the prisoncrats refused to allow Sen.
Hancock to personally meet with us in late September 2013. As well,
they refused to allow a couple of us to personally participate in the
Feb. 11 hearing. CDCR’s intent is to try and prevent us from being seen
and heard as human beings while simultaneously propagating the alleged
greatness of their Security Threat Group-Step Down Program.</p>
<p>From my perspective, the above points are ongoing examples
demonstrating CDCR’s lack of respect for our human rights and dignity –
as well as their intent to continue to abuse their power with impunity,
if allowed to do so. It’s especially concerning the way they tried to
marginalize us out of the legislative hearing process, and I believe it
could be a major mistake for us to allow them to do so without even a
token response – a reminder of our resistance and refusal to accept
having our voices silenced, so they can maintain the status quo of
indefinite solitary confinement, thereby condemning us to the long,
slow death such entails, while they profit. Thousands passing on a day
or two of food is a strong reminder and showing of solidarity.</p>
<p>I mistakenly thought there was a consensus and put out a statement
in early January. The prisoncrats have hindered the dialogue, creating
confusion. Thus, as soon as I found out the consensus wasn’t there, I
immediately moved to change the statement to reflect my personal views
– this too was stymied.</p>
<h3 style="text-align: center;"><span style="color: rgb(128, 0, 0);">Notable
is the fact that the prisoncrats refused to allow Sen. Hancock to
personally meet with us in late September 2013. As well, they refused
to allow a couple of us to personally participate in the Feb. 11
hearing. CDCR’s intent is to try and prevent us from being seen and
heard as human beings while simultaneously propagating the alleged
greatness of their Security Threat Group-Step Down Program.</span></h3>
<p>The important thing is that CDCR’s moves to marginalize us from Feb.
11 have failed. Our people outside did a great job of educating the
legislators about the sham aspects of CDCR’s STG-SDP, including Dolores
Canales’ requests for prisoners here to send letters to Sen. Hancock.
And, based on my commitment, a few of us went on a three-day hunger
strike from Feb. 3 to 5. It all helped ensure that our humanity was not
forgotten on Feb. 11.</p>
<p>I still believe a crucial part of our struggle for real reform
requires us to do our part in here. Failing that, we can’t ask for, nor
expect, people outside to support us.</p>
<h3 style="text-align: center;"><span style="color: rgb(128, 0, 0);">The
important thing is that CDCR’s moves to marginalize us from Feb. 11
have failed. Our people outside did a great job of educating the
legislators about the sham aspects of CDCR’s STG-SDP, including Dolores
Canales’ requests for prisoners here to send letters to Sen. Hancock.</span></h3>
<p>While I’m at it, I’ll also address and clarify a few recurrent
points raised, related to our collective cause. This comes from my
perspective, as an individual and principal representative, as follows:</p>
<p><strong>The subject of criticism and obstructionism</strong></p>
<p>Historically, no social movement has proceeded without criticism.
Constructive criticism is a good thing and everyone’s entitled to their
opinion. Naturally, there’s obvious reasons why we’re not able or
willing to discuss the basis for our collective decisions. Suffice it
to say most people understood from the gate that this effort would be a
protracted struggle, and we agreed to do all we could to be smarter
than our adversary, recognizing this is a constantly evolving process,
similar to a chess game of moves and counter moves, responsive to
circumstances. And we’ve done an excellent job of this.</p>
<p>Most participants have done so on the basis of faith and solidarity,
recognizing something has to be done to put CDCR’s abuse of power in
check. Not everyone gets the point of a concept at the same time – some
take a while to get it, and some never do. That’s human nature.</p>
<p>Generally, our goal is the same. And for those who do get it –
onward in struggle and solidarity.</p>
<p>As for obstructionism – differences of opinion are always going to
happen, and such are not obstructionist in my view. I see an
obstructionism as active attempts to hinder an action of resistance.
I’m sure everyone recognizes it when they see it.</p>
<h3 style="text-align: center;"><span style="color: rgb(128, 0, 0);">I
still believe a crucial part of our struggle for real reform requires
us to do our part in here. Failing that, we can’t ask for, nor expect,
people outside to support us.</span></h3>
<p>The bottom line is our combined, unified efforts, inside and out,
have been very effective to date. We’ve gained a lot of ground in a
relatively short time against a powerful entity.</p>
<p>We need to remain on top of things and continue to do our part, and
we will prevail. We can’t become complacent based on CDCR’s
psychological tactics – like false hope.</p>
<p><strong>On agreement to end racial group hostilities</strong></p>
<p>People need to be mindful that this 2012 agreement was made and
based on the consensus we came to here in the Short Corridor, and we
encouraged prisoners statewide to follow suit – for their own benefits
– as summarized in the agreement! This is an adult system, and we need
to be mindful of what we all have in common behind these walls and who
our common adversary is. And we need to be smart about achieving
positive gains beneficial to all prisoners.</p>
<p>As expected, CDCR has refused to allow us to promote our agreement,
and there are always going to be those who seek to derail it. All
actions are accountable at some point, and people need to do their best
to be wise and reasonably diplomatic. Airing perceived breaches in
public is not appropriate and looks real bad on those who do so; it
perpetuates divisiveness.</p>
<p><strong>On proposed legislation</strong></p>
<p>There’s a small opening for getting legislation passed this year;
therefore, it has to be a collective effort, focused on the one or two
key points which have the best chance of success – beneficial to the
largest number of prisoners. It’s a mistake to put forward a bunch of
proposals which have no chance of passing this year, because such takes
away the focus from the one or two with the best chance of passing. An
illustrative example is a criminal appeal. When you throw 30 issues at
the court, it can hurt your chance of prevailing on the one or two
strongest issues – and result in losing the entire appeal.</p>
<p>I’ve thought a lot about this and have come up with the two issues I
believe have the best chance of passing. The main issue of contention
between us and CDCR is the definition of “behavior” resulting in SHU
placement and retention.</p>
<p>The CDCR’s Security Threat Group-Step Down Program merely seeks to
require “formal rule violations” to place or retain us in SHU – based
on the same things they’ve used for 30 years – without writing us up.
Via the creation of the STG-SDP “Disciplinary Matrix,” CDCR codifies
minor association-type activity into the regulations as formal, serious
and/or administrative rule violations, as well as instruction on formal
charges based solely on confidential prisoner informant allegations,
when the reliability criteria per Title 15, Section 2231, is met.</p>
<p>Thus, we need to obtain legislation that limits such abuse of power.</p>
<p>In August 2011, Gov. Brown signed into law California Penal Code
Section 1111.5, providing guidelines for “the use of in-custody
informants in criminal cases.” Thus, legislators are aware of problems
with abuse involving informants, and I believe a unified push can
successfully expand the scope of this penal code section to include the
use of confidential informant debriefing reports in the CDCR rule
violation process – a big plus for prisoners.</p>
<p>Push to end the use of minor prison rule violations that are not
even misdemeanors per the Penal Code – see those listed in the STG-SDP
Disciplinary Matrix for categories 6 and 8 – for SHU placement and
retention. The way to push it is to focus on the fact that such aren’t
even misdemeanors, yet CDCR uses them to place and retain people in SHU
cells for a minimum of four years to life – at a cost of at least
$20,000 more per year than a general population cell.</p>
<p>And this will potentially result in approximately 85,000 prisoners
who currently meet STG criteria being subject to these costly SHU cells
– for four years to life (of torture).</p>
<p><strong>On Step Down Program participation</strong></p>
<p>Our position has not changed: We are 100 percent opposed to this!
However, if people refuse to participate, then how do we obtain the
proof necessary to support our position that it’s a sham program? The
journals are a problem – we’ve been told they don’t leave our
possession, that the facilitators just thumb through it in front of you
to be sure you’ve written something. Naturally, participation is an
individual decision, and any abuse need to be documented.</p>
<p><strong>On class action certification</strong></p>
<p>We’re still waiting on the judge’s written ruling formally
certifying the case as a class action! However, at the oral arguments,
all present agreed, the judge indicated such certification would be
allowed. The issue is just more complicated since the CDCR came out
with their alleged “new” gang management policy per STG-SDP; and this
is why we believe it’s taking a while to issue the order on paper.</p>
<p>Based on our own experiences here, we know CDCR, OCS and IGI are
already abusing the STG Disciplinary Matrix and issuing a lot of
“serious” rule violations for minor things, using CCR, Title 15,
Section 3023 “Promotion of Gang Activity” without any evidence of
“promotion” etc. Any documentation relating to this or any other abuse
regarding STG-SDP issues needs to be sent to the class action attorneys
asap.</p>
<p>With solidarity and respect,</p>
<p><em>Todd Ashker</em></p>
<p><em>This letter was written Feb. 24, 2014, but did not reach the Bay
View until late April. Send our brother some love and light: Todd
Ashker, C-58191, D4-121, P.O. Box 7500, Crescent City CA 95532.</em></p>
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