Deaf Prisoners in Florida Face Abuse and Solitary Confinement

sign_language_interpreterIn Florida’s Tomoka Correctional Institution, a corrections officer appears at a cell door and begins mocking fake sign language to the man inside, who is deaf. Then he pulls Sam Hart out of the cell and escorts him for a haircut. After half his hair is shaved off one side of his head, the guard orders the haircutter to stop.

As Hart describes in a letter, the officer then says, “Look, not only is he deaf but now he even looks dumb.”

Hart, who was born hearing and can speak and read lips, replies, “Don’t play with me, I do not play with you and I do not disrespect you.”

“Fuck you,” says the officer. “Mother fucker.” The next day the same officer stops by Hart’s cell. “Did you get to show it to the warden, dummy?” he asks.

“The abuse experienced by deaf prisoners housed in the Florida Department of Corrections defies imagination” Talila Lewis, founder and president of HEARD (Helping  Educate to Advance the Rights of the Deaf ), a group that supports deaf prisoners, wrote in the op-ed pages of the Sun Sentinel, the south Florida newspaper. She continued:

The Florida Department of Corrections (DOC) has systematically created a culture of fear and hopelessness for disabled prisoners. The DOC’s failure to  provide adequate accommodations for and protections to this vulnerable population is beyond reproach.  Countless deaf prisoners, their family members, and advocates have expressed concern for the safety and well-being of these prisoners in Florida’s state prison facilities.  Many of Florida’s deaf prisoners, fearful of  brutal retaliation and assured of prison official’s apathy or complicity, have all but given up hope of ever living safe from fear of sexual and physical assault.

Lewis said her information is based on 21  deaf prisoners out of a total of 40 in Florida, held  in six different prisons across the state. Overall, Lewis writes, “HEARD’s Deaf and Deaf-Blind Prisoner Database includes information on more than 400 men and women, in 38 states, the District of Columbia, and the Federal Bureau of Prisons. The abuse and violations occuring in Florida are, by far, the worst that we have seen.”

Lewis said she has sent letters to the Governor Rick Scott, Department of Corrections head Michael D. Crews, and state prison inspector general  Jeff Beasley. So far she has received no replies. She also wrote to and met with officials in the Justice Department’s disability rights section, and received no response from there, either. Inquiries by Solitary Watch to Ann Howard, press spokesperson for the Florida Department of Corrections, so far have not been answered.

“This past year, one deaf prisoner [later revealed to be Sam Hart] risked his life to report to the Office of the Inspector General horrendous physical and sexual abuse of other prisoners with disabilities as well as other serious violations occurring at the prison,” Lewis wrote in her op-ed. She continued:

Though this prisoner’s complaint resulted in at least two officers being fired and numerous prisoners being transferred out of the facility, the Office of the Inspector General informed staff at Tomoka that this prisoner was responsible for lodging this “anonymous” complaint.  As a result of this breach of confidentiality, this prisoner’s life has been threatened by staff and prisoners at Tomoka.  Just last week, despite numerous requests from advocates not to send him back to this facility, the Florida Department of Corrections sent this prisoner back to what can only be described as a living hell for this man who sacrificed his own safety to protect others.  As of the writing of this letter, he has not been heard from by any of those community members with whom he consistently maintains contact.

Lewis told Solitary Watch she “fears Hart will be killed just as soon as he is released from solitary in late May.”

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The Ten Worst Prisons in America

10 worst“The Ten Worst Prisons in America,” our eleven-part article, premiered yesterday over at MotherJones.com with the notorious ADX Florence federal supermax. A new worst prison will be published each weekday (with some dishonorable mentions at the end), so please check in from time to time for new postings. What follows is the introduction to the series.

“If you can’t do the time, don’t do the crime.” So goes the old saying. Yet conditions in some American facilities are so obscene that they amount to a form of extrajudicial punishment.

Doing time is not supposed to include being raped by fellow prisoners or staff, beaten by guards for the slightest provocation, driven mad by long-term solitary confinement, or killed off by medical neglect. These, however, are the fates of thousands of prisoners every year—men, women, and children housed in lockups that give Gitmo and Abu Ghraib a run for their money.

The United States boasts the world’s highest incarceration rate, with close to 2.3 million people locked away in some 1,800 prisons and 3,000 jails. Most are nasty places by design, aimed at punishment and exclusion rather than rehabilitation; while reliable numbers are hard to come by, at last count 81,622 prisoners were being held in some form of isolation in state and federal prisons.

Thousands more are being held in solitary at jails, deportation facilities, and juvenile-detention centers. Nearly 1 in 10 prisoners is sexually victimized, by prison employees about half of the time—more than 200,000 such assaults take place in American penal facilities every year (PDF), according to estimates compiled under the federal Prison Rape Elimination Act. Suicides, meanwhile, account for almost a third of prisoner deaths, per the Bureau of Justice Statistics, while an unknown number of fatalities result from substandard nutrition and medical care.

While there’s plenty of blame to go around, and while not all of the facilities described in this series have all of these problems, some stand out as particularly bad actors. We’ve compiled this subjective list of America’s 10 worst lockups (plus a handful of dishonorable mentions) based on three years of research, correspondence with prisoners, and interviews with reform advocates concerning the penal facilities with the grimmest claims to infamy. We will be rolling out profiles of the contenders over the next 10 days, complete with photos and video.

Read the rest at MotherJones.com.

New Video: Dr. Terry Kupers on Solitary Confinement and Mental Health

kupersDr. Terry Kupers, Institute Professor at the Wright Institute in San Francisco and Distinguished Life Fellow of the American Psychiatric Association, is among the foremost national experts on the mental health effects of solitary confinement. Dr. Kupers delivered the keynote address at the Strategic Convening on Solitary Confinement and Human Rights, sponsored by the Midwest Coalition on Human Rights, on November 9, 2012, in Chicago, Illinois.

In his address, which is presented in the four videos below, Dr. Kupers provides a comprehensive overview of the psychological damage inflicted on people subjected to prolonged solitary confinement, detailing how use of the practice qualifies as an intentional human rights abuse. He also addresses the use of confinement in supermax prisons and the lacking quality of and inaccessibility to mental health care to those held in isolation (people who clearly urgently require adequate counseling to cope with the extreme distress of their isolation). Finally, Dr. Kupers touches on the detrimental impact of sexual abuse that takes place in detention facilities.

 

 

 

Obama’s 2014 Budget Confirms Plans for “ADX Thomson,” New Federal Supermax Prison

Thomson-CC-1The Obama Administration’s 2014 budget request for the Department of Justice, released this week, confirms that the federal government will open a second ultra-secure supermax prison within the next two years. The new prison will be an “Administrative Maximum U.S. Penitentiary.” Administrative Maximum is a security classification currently held only by the notorious ADX Florence in Colorado, where some 400 individuals are held in isolation and sensory deprivation so extreme that it has been challenged in a series of lawsuits and widely denounced as torture.

The new supermax will be created by renovating Thomson Correctional Center, an unused maximum security prison in Illinois, which was purchased by the federal government last year. Originally, the Obama Administration envisioned Thomson as a future home for Guantanamo detainees–a move that was blocked by Republicans in Congress. Instead, while Guantanamo remains open, the Bureau of Prisons is moving ahead with plans to open hundreds, and perhaps thousands of new isolation cells at Thomson to “reduce crowding in high security facilities.”

The following summary appears in a Budget Fact Sheet on “Prisons and Detention,” released along with the federal budget numbers last week:

The FY 2014 Budget requests a total of $8.5 billion for federal prisons and detention, a 3.5 percent increase over the FY 2012 appropriated level. Of this amount, $6.9 billion is requested for the Bureau of Prisons (BOP), which is a 4 percent increase ($195.1 million) over FY 2012…

For BOP, the current services level includes resources to fully activate two prisons: Federal Corrections Institution (FCI) Aliceville, AL, and FCI Berlin, NH. These prisons received partial activation funding in FY 2012, and full activation will increase federal prison capacity and alleviate overcrowding and related security issues.

Program increases totaling $236.2 million provide for the activations of newly constructed prisons and for new contract beds, allowing BOP to keep pace with the increased number of inmates. Specifically, increases for BOP include $53.4 million to begin activating two prisons: FCI Hazelton, WV (1,280 beds), and U.S. Penitentiary Yazoo City, MS (1,216 beds), for which construction will be completed in FY 2013. There is $15 million to renovate the Thomson Correctional Center and $43.7 million to begin activating the facility as an Administrative-Maximum U.S. Penitentiary in FY 2014. [Emphasis added.] The request also includes $26.2 million to procure 1,000 new contract beds. These resources are essential for ensuring the secure detention of a growing inmate population.

A subsequent section of the Budget Fact Sheet, detailing “Program Increases,” states that Thomson will have 2,100 beds, employ 749 corrections officers, and cost $58.7 million to renovate and operate.

ADX USP Thomson, IL: $58.7 million and 1,158 positions (749 correctional officers)

$15 million to renovate the Thomson Correctional Center for high security federal prison use. $43.7 million to begin activating ADX USP Thomson (2,100 beds) as an administrative-maximum high security facility. ADX USP Thomson is expected to reduce crowding in high security facilities from 59 percent by 43 percent by the end of FY 2015…

Solitary Watch has requested additional information from the Bureau of Prisons to determine precisely what conditions of confinement will be for the 2,100 prisoners held at Thomson. When we asked about Thomson for an article published back in February, BOP spokesperson Chris Burke said in an email that “Thomson will be a high security prison holding inmates with various security needs, including SMU and ADX type inmates.” Federal SMUs, or Special Management Units, such as those found in Lewisburg Penitentiary in Pennsylvania, hold their prisoners in 23-hour-a-day lockdown in two-person cells. At ADX, prisoners are in 23- to 24-hour solitary confinement. Both are forms of long-term isolated confinement, and both have been denounced by human rights and prisoners rights groups as an inhumane and ineffective form of punishment often amounting to torture.

[Read more...]

Buried Alive: Solitary Confinement in Immigrant Detention

Guest Post by Sarah Shourd

Sarah Shourd is a writer, educator and prison rights advocate currently based in Oakland, California. She had been living in the Middle East for over a year, teaching Iraqi refugees and living in a Palestinian refugee camp in Syria, when she was captured by Iranian forces somewhere along an unmarked border between Iran and Iraq in July 2009, and held in solitary confinement for 410 days. She has written for the New York Times, CNN, and Newsweek’s Daily Beast and is currently writing a book with Shane Bauer and Josh Fattal about their experience as hostages in Iran.

The following essay was written as an introduction to a report released last week by Physicians for Human Rights, on the use of solitary confinement on people held in federal immigrant detention facilities. It is reprinted here by permission of Sarah Shourd and PHR.

= = = = = = = = = =

detentionSitting in a nearly empty cell — a metal sink, the blank stare of the white walls, fluorescent lights that never turn off — all you have are your own thoughts. Sometimes they race through your head like freight trains; other times a thought can get stuck in a loop, tormenting you for days or weeks at a time, grating the inside of your skull like metal on flesh. Your days are restless, your eyes constantly wandering around your cell, and you never, ever stop asking yourself — when am I going to get out?

The Iranian government held me in solitary confinement for 410 days. For that entire time I was imprisoned alongside my now-husband Shane Bauer and our friend Josh Fattal. We were captured on July 31, 2009, while hiking behind a waterfall in the proximity of an unmarked border between Iraq and Iran. I was on a break from my teaching job in Damascus, Syria — our friend Josh was visiting from the States — and we decided to travel to the semi-autonomous Iraqi region of Kurdistan, a part of the Middle East with a burgeoning tourist industry where the mountains are unusually green and no American has been killed or kidnapped in recent decades.

The soldiers drove us to Evin Prison in Tehran, where for 131⁄2 months I spent 23 hours a day in a private cell and one hour in a slightly larger open-ceiling cell, where a camera watched as I ran in circles under a blue sky crisscrossed with thick bars. They said the isolation was for my own safety — that there were no “appropriate” cellmates for me — but I was never safe from my own mind.

In prolonged isolation, the human psyche slowly self-destructs. On my worst days, I screamed and beat at the walls. I experienced hallucinations — bright flashing lights and phantom footsteps — nightmares, insomnia, heart palpitations, lethargy, clinical depression, and passive suicidal thoughts. I would pace my cell incessantly, or crouch like an animal by the food slot at the bottom of my cell door, listening for any sound to distract me. When I finally got books and television, I found it difficult to concentrate. I would sometimes spend an entire afternoon trying to read the same page, until I got fed up and threw my book against the wall.

The only thing I thought about for over a year in solitary was the day that I would no longer have to be alone, but, ironically, it wasn’t that simple. When I was finally released, I found it hard to make eye contact or be touched. My breathing remained labored and many of the symptoms I experienced in prison — insomnia, hypertension, and anxiety — persisted on the outside. Like many people with post-traumatic stress disorder, I sometimes drank too much to try and escape my symptoms. More than once I became belligerent, dangerously paranoid, or hopelessly depressed — sometimes walling myself up in my house for days at a time.

When I began to research the use of solitary confinement in the United States, I was shocked to learn that tens of thousands of people are subject to no-touch torture or prolonged isolation on any given day. I learned that immigrants and people deemed a “national security risk” are held in indefinite detention without legal representation or the right to due process, just like I had been. How could I fail to draw a connection between their treatment and my own?

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The Solitary Connection: Was Clements Suspect Affected by Years in Prison Isolation?

Colorado State Penitentiary. Photo: National Geographic

Colorado State Penitentiary. Photo: National Geographic

Solitary confinement may be at the heart of a tragic irony in the death of Tom Clements. The reform-minded Colorado prisons chief had expressed concern about the dangerous damage caused by prolonged prison isolation, and the risks of releasing prisoners directly from solitary onto the streets. Now, emerging evidence suggests that the main suspect in Clements’ murder, who was released from solitary confinement just two months earlier, may have suffered from precisely that kind of damage.

Evan Spencer Ebel was killed in a shootout with Texas police last Thursday, two days after Clements was shot to death on the doorstep of his Colorado Springs home. Prior to his release from prison on January 28, Ebel had served eight years for several armed robberies. Most of that time was spent in extreme isolation, locked down 23 hours a day in a small cell.

Ebel’s prison records, obtained by the Associated Press, show that he was placed in solitary because of ”28 different violations he racked up during his time behind bars.” According to the AP, “He was disciplined for smearing feces on his cell wall, punching a fellow inmate and punching a guard in 2006. Prison documents say Ebel also threatened to kill that guard and their family. That attack earned him another felony conviction.”

As early as a year ago, Evan Ebel’s father, Jack Ebel, testified before a committee of the Colorado State Legislature that after years in solitary, his son had trouble communicating during visits. ”Even though he’s well-read and he’s a good conversationalist and gentle  — he started out that way, what I’ve seen over six years is he has become increasingly … he has a high level of paranoia and [is] extremely anxious. So when he gets out to visit me, and he gets out of his cell to talk to me, I mean he is so agitated that it will take an hour to an hour-and-half before we can actually talk,” Jack Ebel told legislators. He was speaking in favor of a bill that would have more closely monitored the mental health of individuals in solitary, and required that they spend some time in the general population before their release from prison.  (The bill was voted down.)

The idea that Ebel’s alleged violent acts were triggered in part by his years of solitary confinement (and perhaps not, as earlier suspected, by his association with a white power prison gang) was bolstered earlier this week by evidence obtained by reporter Susan Greene. In an article in the Colorado Independent, Greene writes:

In the weeks before his death, Evan Ebel, suspected killer of Colorado Department of Corrections Director Tom Clements, had broken ties with white supremacist prison gang 211 Crew and was debilitated by the transition from prolonged isolation to social contact, according to a friend and former fellow inmate.

In a series of interviews conducted with The Colorado Independent, parolee Ryan Pettigrew dismissed widespread media speculation that Ebel shot Clements as part of an orchestrated 211 Crew “gang hit.” He said that, over the course of the last few weeks, Ebel was growing increasingly agitated in his adjustment to life outside of prison and beyond the tiny “administrative segregation” cells in which he spent years deprived of regular human contact. “Trust me, this was no gang hit. This was about what was haunting Evan Ebel,” Pettigrew says. “Clements’ name never came up.”

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Louisiana Attorney General Says Angola 3 “Have Never Been Held in Solitary Confinement”

woodfox wallace 70s

Albert Woodfox and Herman Wallace in the early 1970s, when they were placed in solitary confinement. (Photo from “In the Land of the Free.”)

James “Buddy” Caldwell, attorney general of the state of Louisiana, has released a statement saying unequivocally that Herman Wallace and Albert Woodfox, the two still-imprisoned members of the Angola 3, “have never been held in solitary confinement while in the Louisiana penal system.”

In fact, Wallace, now 71, and Woodfox, 66, have been in solitary for nearly 41 years, quite possibly longer than any other human beings on the planet. They were placed in solitary following the 1972 killing of a young corrections officer at Angola, and except for a few brief periods, they have remained in isolation ever since.

The statement from Caldwell follows on the heels of a ruling by a federal District Court judge in New Orleans, overturning Albert Woodfox’s conviction for the third time–in this instance, on the grounds that there had been racial bias in the selection of grand jury forepersons in Louisiana at the time of his indictment. Subsequently, Amnesty International, along with other activists, mounted a campaign urging the state of Louisiana not to appeal the federal court’s ruling. In the absence of an appeal, Woodfox would have to be given a new trial or released.

Caldwell’s statement–which was rather mysteriously sent out to an email list that included numerous prisoners’ rights advocates who have supported the Angola 3–begins: “Thank you for your interest in the ambush, savage attack and brutal murder of Officer Brent Miller at Louisiana State Penitentiary (LSP) on April 17, 1972. Albert Woodfox and Herman Wallace committed this murder, stabbing and slicing Miller over 35 times.”

Caldwell clearly states that he has every intention of appealing the District Court’s decision to the notoriously conservative Fifth Circuit: “We feel confident that we will again prevail at the Fifth Circuit Court of Appeals. However, if we do not, we are fully prepared and willing to retry this murderer again.” Caldwell asserts that the evidence against Woodfox is ”overpowering”: “There are no flaws in our evidence and this case is very strong.”

These statements belie the fact that much of the evidence that led to Wallace and Woodfox’s conviction has since been called into question. In particular, the primary eyewitness was shown to have been bribed by prison officials into making statements against the two men. (For more details on the case, see our earlier reporting in Mother Joneshere, here, here, and here.) The two men believe that they were targeted for the murder, and have been held in solitary for four decades, because of their status as Black Panthers and their efforts to organize against prison conditions. (The third member of the Angola 3, Robert King, convicted of a separate prison murder, was released after 29 years in solitary when his conviction was overturned in 2001).

But Caldwell’s most controversial assertion is that Wallace and Woodfox’s conditions of confinement over the past 40 years do not qualify as solitary confinement:

Contrary to popular lore, Woodfox and Wallace have never been held in solitary confinement while in the Louisiana penal system. They have been held in protective cell units known as CCR. These units were designed to protect inmates as well as correctional officers. They have always been able to communicate freely with other inmates and prison staff as frequently as they want. They have televisions on the tiers which they watch through their cell doors. In their cells they can have radios and headsets, reading and writing materials, stamps, newspapers, magazines and books. They also can shop at the canteen store a couple of times per week where they can purchase grocery and personal hygiene items which they keep in their cells.

These convicted murderers have an hour outside of their cells each day where they can exercise in the hall, talk on the phone, shower, and visit with the other 10 to 14 inmates on the tier. At least three times per week they can go outside on the yard and exercise and enjoy the sun if they want. This is all in addition to the couple of days set aside for visitations each week.

These inmates are frequently visited by spiritual advisors, medical personnel and social workers. They have had frequent and extensive contact with numerous individuals from all over the world, by telephone, mail, and face-to-face personal visits. They even now have email capability. Contrary to numerous reports, this is not solitary confinement.

Caldwell’s description does not, in fact, refute the fact that the two men are held for 23 hours a day in closed cells that measure approximately 6 x 9 feet–smaller than the average parking space. CCR, or Closed Cell Restricted, is the Louisiana prison system’s euphemism of choice for solitary confinement. [Read more...]

Guarding the Fortresses: How Prison Policies Limit Media Access to Solitary Confinement

adx watchtowersJournalists face serious obstacles to reporting on prisons–and even more to uncovering the truth about solitary confinement. (See James Ridgeway’s essay “Fortresses of Solitude.”)

Public oversight of governmental institutions, which can help to prevent corruption and abuse by those in power, is seen as a hallmark of an engaged, democratic citizenry. However, when it comes to obtaining information about individuals kept in solitary confinement, the press, and by extension the public, are often kept in the dark.

The Supreme Court ruled, in Pell v. Procunier, that the First Amendment does not guarantee the press special access to prisons beyond what is generally afforded the public. The Court reasoned that since other methods of communication feasibly exist, like letter writing, freedom of the press is not compromised by even severe limitations on access to prisons and prisoners. Suffice to say, these barriers to entry and examination, involving layers of bureaucracy as well as outright bans, help to minimize investigative inquiry and avoid close scrutiny of prison practices.

The Society for Professional Journalists recently published a study by Jessica Pupovac of press access policies to prisons in general, which vary greatly from state to state. Policies related to solitary confinement tend to be even more restrictive, and even more variable.

In an investigation of the prison systems with the largest numbers of prisoners in solitary confinement, Solitary Watch has compiled a brief summary of some notable differences and takeaways between the states’ policies.  We examined the Federal Bureau of Prisons, California, Florida, Illinois, Louisiana, New York, Ohio, Pennsylvania and Texas.

Differences in policy are evidenced by–among other things–supervision of interviews, access to certain types of prisoners, access to certain areas of prisons, and the ability to use recording devices. Many states leave themselves the right to deny interviews if they feel it will cause “a disturbance” but none of the policies state what that would qualify or how that would be measured, and thus the bottom line is that in most cases, prison officials usually have considerable latitude in deciding whether a reporter may interview a particular prisoner.

Our hope is that this initial look will spark a wider conversation about public awareness with regards to U.S. citizens who are locked away for weeks, months, or years in solitary confinement.  While there are alternative means for obtaining information, these are often insufficient in eliciting the types of things that can be learned through a journalist’s first-hand observations, and through face-to-face conversation.

[Read more...]

Fortresses of Solitude: Journalists Barred from Prison Isolation Units

The following essay by Solitary Watch’s James Ridgeway appears in the current issue of the Columbia Journalism Review, which also includes an excellent story on the difficulties involved in reporting on prisons in general. For more on prison media policies, see our accompanying article by Rachel M. Cohen.

adx-florence-4Supermax prisons and solitary confinement units are our domestic black sites—hidden places where human beings endure unspeakable punishments, without benefit of due process in any court of law. On the say-so of corrections officials, American prisoners can be placed in conditions of extreme isolation and sensory deprivation for months, years, or even decades.

At least 80,000 men, women, and children live in such conditions on any given day in the United States. And they are not merely separated from others for safety reasons. They are effectively buried alive. Most live in concrete cells the size of an average parking space, often windowless, cut off from all communication by solid steel doors. If they are lucky, they will be allowed out for an hour a day to shower or to exercise alone in cages resembling dog runs.

Most have never committed a violent act in prison. They are locked down because they’ve been classified as “high risk,” or because of nonviolent misbehavior—anything from mouthing off or testing positive for marijuana to exhibiting the symptoms of untreated mental illness.

A recent lawsuit filed on behalf of prisoners in adx, the federal supermax in Florence, CO, described how humans respond to such isolation over the long-term. Some “interminably wail, scream, and bang on the walls of their cells” or carry on “delusional conversations with voices they hear in their heads.” Some “mutilate their bodies with razors, shards of glass, sharpened chicken bones, and writing utensils” or “swallow razor blades, nail clippers, parts of radios and televisions, broken glass, and other dangerous objects.” Still others “spread feces and other human waste and body fluids throughout their cells [and] throw it at the correctional staff.” While less than 5 percent of US prisoners nationwide are held in solitary, close to 50 percent of all prison suicides take place there.

After three years of reporting on solitary confinement for Solitary Watch, a website I co-founded, I’m convinced that much of what happens in these places constitutes torture. How is it possible that a human-rights crisis of this magnitude can carry on year after year, with impunity?

I believe part of the answer has to do with how effectively the nature of these sites have been hidden from the press and, by extension, the public. With few exceptions, solitary confinement cells have been kept firmly off-limits to journalists—with the approval of the federal courts, who defer to corrections officials’ purported need to maintain “safety and security.” If the First Amendment ever manages to make it past the prison gates at all, it is stopped short at the door to the isolation unit.

[Read more...]

California Assembly Reviews Solitary Confinement Policies As Prisoners Threaten New Hunger Strike

˜¡@On Monday, February 25th, the California Assembly’s Public Safety Committee, chaired by Assembly Member Tom Ammiano, held a hearing on the state’s Security Housing Units (SHUs). The hearing comes 18 months after the committee held a similar hearing prompted by  a three-week long hunger strike in June 2011 that involved thousands of California prisoners across the state. The 2011 hearing, which was subsequently followed by an additional three-week long hunger strike in September 2011, lead to significant attention on the controversial SHU system. Chief among the demands of the hunger strikers was an end to long term solitary confinement and the controversial gang validation process. Corrections officials have officially stated that reforms first announced in March 2012 were considered and crafted independently of the demands of the hunger strikers.

Monday’s hearing focused on the implementation of new CDCR policies and considerations of their appropriateness.

In California, prisoners determined  (“validated”) by prison investigators (Institutional Gang Investigators, or, IGI) to be members or associates of one of seven prison gangs are placed in a SHU at one of three prisons (Pelican Bay State Prison, Corcoran State Prison, and Tehachapi State Prison). Prisoners in the SHU typically spend 22 1/2 hours in solitary confinement, being allowed out for exercise and showering on an infrequent basis. At Pelican Bay State Prison SHU cells have been described as “small, cement prison cell. Everything is gray concrete: the bed, the walls, the unmovable stool. Everything except the combination stainless-steel sink and toilet…You can’t move more than eight feet in one direction.”

Currently, over 3,000 prisoners in California are held in a SHU. More are held in Administrative Segregation Units (Ad Seg), which are designed similarly to the SHU, pending openings of SHU cells.  Prisoners validated as gang members or associates have been held for indeterminate terms in the SHU, with over 500 prisoners spending over 10 years in isolated confinement, and over 70 prisoners spending over 20 years in the SHU. Until recently, the policies around SHU confinement of gang validated prisoners required that prisoners prove that they have not been active in gang activity for six years, or they must “snitch” on fellow prisoners in order to be transferred out of the SHU.

At Monday’s hearing, California Department of Corrections and Rehabilitation (CDCR)  Deputy Director in charge of the Division of Adult Institutions, Michael Stainer, defended the gang validation as a necessary component to institutional and public safety. It was argued that restricted housing is necessary to curtail the ability of gang leaders to continue to operate their criminal enterprises, order murders, and orchestrate attacks within the prisons and on the streets.

[Read more...]