Behind the Hunger Strike

Todd Ashker. Photo courtesy CDCR,
reproduced from New York Magazine

In the aftermath of the hunger strike against conditions in the SHU, we are witnessing legislative interest in improving conditions in solitary confinement. We recently reported on CDCR’s changes to gang restrictions, on the legislative hearings in Sacramento, and on Tom Ammiano’s proposition to limit gang-related SHU stays to 36 months. At this point, Benjamin Wallace-Wells’ article in New York Magazine, The Plot from Solitary, is particularly welcome. The article is so interesting, thorough, and multifaceted that I strongly recommend you read it in its entirety. Here are just a few highlights that interested me the most:

The article does a very good job juxtaposing the position of inmates and their supporters to that of CDCR staff.

From the beginning, even the most basic matters about the strike—what Ashker and the others were after, why so many people joined them, what the strike ­demonstrated—were opaque, and profoundly disputed. To the prisoners and their supporters, this was a protest against barbaric treatment, and the SHU was both an outrage in itself and a symbol of the arbitrariness and brutality of the prison system across the nation. The strike’s leaders had challenged the SHU’s constitutionality in court, arguing that the limits it placed on social interaction violated the Eighth ­Amendment’s prohibition on cruel and unusual punishment, and they had watched closely as a few other states, some pressured by prisoners and others mandated by judges, had de-emphasized solitary confinement. They believed they were part of a human-rights movement. But the prison officials saw something far simpler at work: a tactical maneuver by the gangs, acting in collusion, to end a system that had made it much more difficult for them to operate as they pleased.

We also get fairly in-depth backgrounds of the Short Corridor strike leaders, complete with their lives before incarceration and some information about their standing vis-a-vis their own gangs, which adds to the complexity of the organization. And, we also get a blow-by-blow description of how news of the strike were transmitted across SHU cells:

Jamaa thought his fellow inmates might need some concrete encouragement. His private fast the previous fall had lasted 33 days, and he believed he could have gone longer. Soon after last summer’s strike began, the four leaders were moved from the SHU to a unit called Administrative Segregation, and Jamaa, entering the unit, started to holler, “Forty days and 40 nights! Forty days and 40 nights!” If prisoners can be counted upon to know any literature, it is the literature of suffering that in the Bible precedes redemption. Jamaa had chosen his slogan with intent: They were Moses in the desert. At night, Jamaa would drop on his knees, put his mouth to the crack between the door and the floor, and yell: “Forty days and 40 nights!” Soon, new hunger strikers arriving in AdSeg were shouting the slogan as they were hustled in. It was then that Jamaa began to believe their movement had some possibility, some momentum. 

And a very sophisticated explanation of the gang leadership controvresy from Craig Haney:

Haney returned to Pelican Bay last year, for a ­follow-up study, and found that these ­patterns of self-isolation had deepened. Many inmates had discouraged family members from visiting, and some seemed to consider all social interactions a nuisance. “They have systematically extinguished all of the social skills they need to survive,” Haney says. Those inmates who do comparatively well tend to replace the social networks outside the SHU with those within it—which, in a society composed of alleged gang members, often means gangs. “In isolation,” he says, “gang activity is the only contact that is possible; it is the only loyalty that is possible; it is the only connection that is possible.”

And this bit about the effects of Judge Henderson’s ruling allowing force-feeding of inmates:

Until this point, the prisoners had thought of the guards—and, more broadly, the state—as their captors. But the state is also their warden and their protector: A prison is designed to separate convicts from society and prevent them from doing more harm, but also to shelter them and keep them alive. The judge’s order returned repeatedly to the problem of coercion. The specter of gang influence was so strong, Henderson’s ruling suggested, that the state could not trust that a prisoner’s advance medical directive had been made freely—that he had made his own decision about the terms under which he was willing to die. The strike leaders had thought that by volunteering to risk their own deaths they could compel the state to see them as individuals, and that in at least this one instance they could reassert freedom of control over their lives. But they had been wrong.

Read the whole thing. It’s fascinating and very well written.

This Saturday: SSDP’s Western Regional Conference

Students for Sensible Drug Policy are holding their annual conference at UC Hastings in San Francisco this coming Saturday. Yours truly will be speaking, but the real reason to show up is to hear the amazing array of health professionals, dispensary businesspeople, advocates, legislation experts, and the keynote speaker, San Francisco Public Defender Jeff Adachi. Here’s the program for the day:

The conference is free and open to the public, but requires your preregistration here. What better way to spend your Saturday than learn more about drugs, and particularly marijuana legalization?

More Voting Controversies

“Those swept up in this system too often had their rights rescinded, their dignity diminished, and the full measure of their citizenship revoked for the rest of their lives,” Mr. Holder said. “They could not vote.”A couple of years after the failure of the effort to interpret voting regulation in CA so that folks doing time in jails as a result of realignment can vote, civil rights organizations are trying again. This time, the petition focuses on folks who are under mandatory supervision, who are told by the Secretary of State they can’t vote.

The petitioners might have just felt some wind in their sales, blown by the federal government. Recently, Attorney General Eric Holder urged states to repeal felon disenfranchisement laws.

“Those swept up in this system too often had their rights rescinded, their dignity diminished, and the full measure of their citizenship revoked for the rest of their lives,” Mr. Holder said. “They could not vote.”

Holder was addressing life-long bans in Southern states, a holdover from the nadir of race relations in the 1920s, which render, for example, 10% of Florida citizens ineligible to vote. By contrast, California offers more opportunity for redemption (and has done so since 1974.) But this governmental animus toward enfranchisement is important to notice.

Juveniles in Solitary: News

Lots of things moving in the right direction in the world of solitary confinement. For one thing, Assemblymember Tom Ammiano has just introduced AB 1652, the product of the legislative hearings, with the intent to limit usage of solitary confinement in California. Among other things, the bill text limits confinement to serious offenses, and creates a 3-year maximum confinement if the assignment to solitary is based on gang status alone.

But there are other news as well. As some readers know, there is an ongoing lawsuit against the Contra Costa Juvenile Hall for locking up youth with disabilities for 23 hours a day. Today, the feds have joined the battle – on the side of the inmates. Disability Rights Advocates reports:

Youth with disabilities generally are disproportionately represented in juvenile correctional facilities and by Contra Costa County’s own estimate, roughly 32% of the students at the Contra Costa County Juvenile Hall have disabilities that require some form of special education. Despite their disabilities, youth at Contra Costa County Juvenile Hall are locked for days and weeks at a time in cells that have barely enough room for a bed and a narrow window the width of a hand and length of an arm. Indeed young people are routinely held in conditions like those in a maximum security prison. The results of such conditions are devastating. For instance, named Plaintiff W.B. was placed in solitary confinement for more than 90 days, during which time he deteriorated mentally to the point where he was smearing feces on the wall and, ultimately, was held in a psychiatric hospital for three weeks.

“The United States Department of Justice and Department of Education have singled out Contra Costa County Juvenile Hall for a reason,” said Mary-Lee Smith, Managing Attorney at Disability Rights Advocates. “Contra Costa County and Contra Costa County Office of Education’s refusal to accept their legal obligations cannot continue, too many young people with disabilities are suffering and that must end.”

“United States Department of Justice and Department of Education involvement in this case should be a wake-up call to Contra Costa County and the County Office of Education,” said Laura Faer, Statewide Education Rights Director. “Every day more young people are harmed by their failure to take responsibility and follow federal and state law. These flagrant violations of children’s rights to education and rehabilitative services must stop.”

Note that the feds are dressing their objections to this practice as an educational issue: that is, the problem is not that segregation is cruel and unusual per se, but that it hampers these students educational opportunities. Even on such a narrow basis, it’s remarkable that the feds have found it politically sayable to oppose these practices and place themselves squarely on the side of the inmates.

Solitary Confinement Hearings Aftermath

The SHU hearings in Sacramento yesterday were a success from the inmates’ rights perspective. The Sac Bee reports:

Corrections officials have touted a new pilot program allowing inmates to ease their way out of solitary confinement, and regulations recently submitted to the Office of Administrative Law would allow the pilot to be applied throughout the prison system.

But legislators seemed skeptical that the changes would substantially reduce the practice of walling off inmates in the “Security Housing Units,” or SHU, that exist in four state prisons.

But wait! There’s more!

Later in the day, Ammiano announced a bill that would cap “administrative” terms in the SHU – those not related to a specific incident, which would include stays stemming from gang affiliation – at 36 months. The legislation would also allow inmates to exit more quickly by accumulating good behavior credits.

Lots of Big News

I’m hard at work on book revisions and other projects, and updates have been scarce. But there are lots of big news, so here is a roundup of links:

A new lawsuit by civil rights organizations tackles the voting rights of people who, post-Realignment, are under a regime of Mandatory Supervision.

There’s more talk of creating a California sentencing commission.

The Brown administration has received a two-year reprieve from the three-judge panel on the decrowding timeline.

More on these in the days to come.

BREAKING NEWS: CDCR To Ease Gang Restrictions

Reported an hour ago by the Associated Press:

Prison officials revealed new rules Friday that they say will make California the first state to recognize that inmates can quit prison gangs and put that lifestyle behind them, allowing them to escape the tough restrictions that gang members are subject to.

However, gang associates would have to steer clear of gang activities for about a decade to qualify, while gang leaders would have to behave for a minimum of 14 years.

The draft regulations made public Friday are the latest changes to rules that keep some gang members locked in special isolation units for years and have led to widespread inmate hunger strikes. A spokesman for a coalition of reform groups that backed the hunger strikers called the changes “woefully inadequate.”

The new regulations are an extension of a 15-month-old pilot program that has allowed gang members to get out of isolation units at Pelican Bay in far Northern California and other prisons without renouncing their gang membership.

Since the start of the pilot, the department has reviewed 632 gang members who were in isolation units. Of those, 408 have been cleared to be released into the general prison population and 185 were given more privileges but remain in isolation.

Those 2012 policies, which are being updated in Friday’s filing with the Office of Administrative Law, let the gang members and associates gain more privileges and leave the isolation units in as little as three years if they stop engaging in gang activities, and participate in anger management and drug rehabilitation programs.

Officials said that change was based on programs in seven other states. California is now the first to go a step farther by removing the gang designation entirely if the inmate continues to behave, said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation, or CDCR.

CDCR gives reasons for the new regulation:

Despite the successes the CDCR has had in removing violent and disruptive STG affiliates from the general population settings of the institutions, the Department has recognized a need to evaluate current strategies and implement new approaches to address evolving STG trends consistent with security, fiscal, and offender population management needs. Fortunately, the inmate population reductions associated with Public Safety Realignment is affording CDCR the opportunity to reconstruct aspects of its STG policy that are consistent with successful models used in other large correctional agencies. The Public Safety Realignment will result in easing overcrowding and providing CDCR with more housing options to support this effort.

And here are the actual regulations, which define the step-down processes that are to be taken. The multi-step process of being cleared of gang affiliation (referred to in the regulations as STG – security threat group) is lengthy and features various monitoring options.

CJCJ Report: No Connection Between Realignment and Crime Rates

There has been a lot of scaremongering in the press about rising crime rates as a result of realignment; these stories often feature a cop offering his opinion about how scary the world has become since 2011. Alas, it seems that a systematic analysis of the data refutes these panicked impressions: a new CJCJ report published today examines the impact of Public Safety Realignment and county dependence on state prison in light of California’s 2012 slight crime increase and finds “no conclusive trends demonstrating a causal relationship between Realignment and crime.”
  • Nearly all counties had substantial decreases in prison admissions, but crime trends varied erratically, indicating no general correlation between crime and Realignment. Madera County experienced a 24% increase in overall Part I crime rates, while Placer County experienced a 14% decrease. Violent crime trends were also highly variable, with a 46% increase in Kings County to a 26% decline in Humboldt and Napa counties.
·         Los Angeles County presents a special case with a higher than average proportion of realigned individuals, yet continuing declines in crime worthy of further examination to determine if model practices exist for statewide replication.
  • CJCJ found no correlation between high realignment rates and motor vehicle theft. There was also no difference in violent crime rates between high realignment and low realignment counties.
  • Highly state-dependent counties experienced a larger increase in property crime. However, that even neighboring counties show large variances in crime trends, indicates factors other than Realignment are at work.
Additionally, the California Sentencing Institute (CASI) released its 2012 adult data, demonstrating the continuing prevalence of geographical disparities in county sentencing practices. New features for 2012 include more breakdowns by race, gender, and offense.
It is still too early to draw definitive conclusions about the impact, if any, of Realignment on crime. Policymakers should be cautious of adopting statewide policies that modify elements of Realignment based on narrow and anecdotal evidence from just one or a handful of counties. Instead, CJCJ recommends policymakers develop state resources to expand research capacity and leadership on tracking the impact of Realignment.

Read the entire thing here.