PTSD SC: Post-Traumatic Stress Disorder Solitary Confinement

Baridi J. Williamson and Sitawa Nantambu Jamaa in a photo collage

Published in the SF Bayview, February 26, 2018

by Sitawa Nantambu Jamaa and Baridi J. Williamson

California Department of Corrections and rehabilitation (CDCr) had been locking classes of prisoners up in solitary confinement since the ‘60s as part of CDCr’s para-military low-intensity warfare, to break the minds and spirits of its subjects, California’s prisoner class. CDCr’s solitary confinement has two operating components: 1) punishing you and 2) physically and mentally destroying you.

In the 1970s, CDCr’s report to then Gov. Ronald Reagan on revolutionary organizations and gangs resulted in Reagan ordering the CDCr director to lock up all radicals, militants, revolutionaries and jailhouse lawyers who were considered “trouble-makers.”^[i] And a 1986 report by the CDCr task force stated that during the ‘60s and ‘70s, California’s prisoners became “politicized” through the influence of outside “radical, social movements.”

And conscious prisoners began to “demand” their human, constitutional and civil rights,^[ii] as exemplified by those politicized prisoners of war (PPOW) like W.L. Nolen.^[iii] In the late ‘60s, Nolen and other PPOWs filed a civil rights class action case challenging the inhumane, degrading conditions and institutional racism that was prevalent at Soledad Prison’s solitary confinement O-wing,^[iv] as well as throughout CDCr’s prison system to date.

The 1986 CDCr task force report recommended that CDCr build “supermax” prisons for this politicized class of prisoners, which was echoed by the California prison guards’ union (known today as CCPOA) in continuing their low-intensity warfare upon California prisoners up into and through the ‘80s.

Shortly thereafter, California government through its apparatus CDCr, built its solitary confinement torture sites, such as Security Housing Units (SHUs) and Administrative Segregation (Ad-Segs) at Tehachapi in December 1986, New Folsom in December 1987, Corcoran in December 1988 and at Pelican Bay State Prison in December of 1989. All were designed with the malicious intent to destroy human lives through their diabolical low-intensity warfare scheme of mass validation – group punishment – indeterminate SHU classification and enhanced “debriefing” interrogation, known as “snitch, parole or die!”

Each of California’s governors and CDCr cabinet secretaries from 1977 to 2015 knowingly enhanced their system to become more repressive upon the prisoners held in solitary confinement in the SHUs. We prisoners have known for the past decades that California citizens have not condoned the torture of California prisoners. Nevertheless, since the ‘60s, each state governor and legislature knowingly sanctioned solitary confinement torture.

California’s CDCr – with the winks and nods of lawmakers and judges – has held countless prisoners in solitary confinement, whether it is called Ad-Seg, Management Control Unit, Adjustment Center, SHU or Administrative SHU, longer than any prison system within the United States, ranging up to 45 years of torture and acts of racial discrimination from Soledad Prison’s O-wing to PBSP’s new form of solitary confinement torture.

The case of Madrid v. Gomez was the first acknowledgement on the part of California authorities and judiciary recognizing the harm that CDCr had been causing – mental torture – to those held in solitary confinement across the state’s prison system.^[v]

We prisoners have known for the past decades that California citizens have not condoned the torture of California prisoners. Nevertheless, since the ‘60s, each state governor and legislature knowingly sanctioned solitary confinement torture.

The Madrid case touched on the harsh conditions and treatment toward the solitary confinement prisoners at PBSP. It is a clear fact that during the years 1989 to 1994, PBSP had one of the most notorious Violence Control Units (VCUs) in the U.S. CDCr-PBSP officials utilized the VCU for to violate prisoners’ human, constitutional and civil rights by beating us and destroying the minds and spirits of so many of us for years.

An example of how some prisoners would find themselves forced into PBSP’s VCU is when the CDCr bus would arrive at PBSP and park outside the entrance doorway to solitary confinement – Facilities C and D. A squad of goons dressed in paramilitary gear with black gloves, shields and riot helmets would be there waiting. They called themselves the “Welcoming Committee.”

These guards, describing themselves as the Green Wall guard gang, using “G/W” and “7/23” as symbols for “Green Wall,” would roam through the SHU corridors assaulting, beating and scalding prisoners. See Madrid v. Gomez.

The Welcoming Committee would select one or more prisoners and pull them off the bus – usually choosing those the transportation guards accused of “talking loud.” They would take each one to the side and jump on him, then drag him off through the brightly lighted doorway.

These guards, describing themselves as the Green Wall guard gang, using “G/W” and “7/23” as symbols for “Green Wall,” would roam through the SHU corridors assaulting, beating and scalding prisoners.

When the rest of the prisoners were escorted off the bus into the corridor to be warehoused in the general SHU cells, they would see those beaten prisoners dragged off the bus “hog-tied”^[vi] and lying on their stomachs or crouched in a fetal position, sometimes in a pool of blood.^[vii]Later, they were dragged off to the VCU, where they were targeted with intense mind-breaking operations.

When these prisoners were eventually taken out of VCU and housed in the general SHU cells, they mostly displayed insanity – smearing feces all over their bodies, screaming, yelling, banging cups, throwing urine.^[viii] And it was only when prisoners began to go public about the VCU at PBSP that CDCr ceased those practices.^[ix]

The effects of solitary confinement at PBSP compelled CDCr to establish Psychiatric Service Units (PSUs) in response to the Madrid ruling for remedying the conditions that were destroying the minds of all prisoners who were held captive from the time of the Madrid ruling in 1995 through 2014, but they were poor and ineffective. Those released to the PSU from SHU fared no better than others held in solitary confinement at PBSP.

Prisoners in SHU continued to suffer mental, emotional and physical harm with no remedy made available by CDCr until we were released out to General Population units by the Departmental Review Board (DRB) between 2012 and 2014 and the Ashker v. Brown class action settlement in 2015.

These released prisoners were coming from a torture chamber, where by necessity they created coping skills like self-medicating. Typically, when coming out of solitary confinement, women and men prisoners show signs of depressive disorder and symptoms characteristic of self-mutilation, mood deterioration and depression, traumatic stress disorder, hopelessness, panic disorder, anger, obsessive-compulsive disorder, irritability, anhedonia, fatigue, feelings of guilt, loss of appetite, nervousness, insomnia, worry, increased heart rate and respiration, sweating, hyperarousal, serious problems with socialization, paranoia, loss of appetite, as well as cognitive issues, nightmares, muscle tension, intrusive thoughts, fear of losing control, and difficulty concentrating.^[x]

Prisoners in SHU continued to suffer mental, emotional and physical harm with no remedy made available by CDCr until we were released out to General Population units by the Departmental Review Board (DRB) between 2012 and 2014 and the Ashker v. Brown class action settlement in 2015.

The California prison system realized that these prisoners held initially at PBSP and subsequently at Tehachapi and throughout the system had their constitutional rights violated under the Eighth Amendment ban against cruel and unusual punishment and the 14th Amendment guarantee of due process of the law, for decades.^[xi]

Jules Lobel of the Center for Constitutional Rights and lead counsel in Ashker stated:

“The torture of solitary confinement doesn’t end when the cell doors open. California’s continued violation of the Constitution and new evidence of the persistent impact of prolonged solitary confinement requires CDCR to make essential changes in their conduct and rehabilitative programs, and, more broadly, demonstrates the urgent need to end solitary confinement across the country.”^[xii]

The Ashker v. Brown class action, settled in 2015, is a historic lawsuit exposing those violations and the harms they cause. We, as California prisoners and citizens of this state, deserve to be treated for the intentional cruelty caused by state-sanctioned torture. This is especially so for the hundreds of solitary confinement prisoners who have spent more than 27 months in any form of solitary confinement, which constitutes torture, according to the Ninth Circuit.^[xiii]

CDCr has continued to shun its governmental responsibilities and has not effectively remedied the pain and suffering of thousands of solitary confinement prisoners who have been released to General Population through the DRB and Ashker. All of them are suffering from various aspects of Post-Traumatic Stress Disorder Solitary Confinement (PTSDSC).

We, as California prisoners and citizens of this state, deserve to be treated for the intentional cruelty caused by state-sanctioned torture.

If you are reading this, join us in writing, emailing and calling Gov. Brown (916-445-2841 or jerry.brown@gov.ca), Secretary of CDCr Scott Kernan (916-324-7308) and Sen. Holly Mitchell (916-324-7308 or http://sd30.senate.ca.gov/e-mail-holly), who chairs the Public Safety Committee overseeing CDCr, and demand the following government actions be taken to remedy the decades of damage done to us:

• That CDCr provide statewide men’s and women’s PTSDSC support groups modeled after the “Men’s’ Group” program we created at Salinas Valley State Prison Facility C, which has been approved by the administration – wardens, community resources managers (CRMs) – for our PTSDSC class and is only awaiting locating a sponsor to get started;
• That CDCr allow all PTSDSC prisoners to go through this six-month relief program at their respective GP locations;
• That CDCr provide effective in-service training of staff in fairly and respectfully dealing with PTSDSC class members, including in appeals, disciplinary and medical matters;
• That CDCr adopt all recommendations in the 2017 report of the Human Rights in Trauma Mental Health Lab at Stanford University, detailing the ongoing negative health consequences that Ashker class members have suffered following their release from long-term solitary confinement into GP:
  • Provide peer-facilitated support groups for all PTSDSC class members; and
  • Provide independent psychiatric care for all PTSDSC class members to receive PTSDSC mental and emotional health and psychological services in this form.
• That Gov. Brown and the California legislature order the Board of Parole Hearings to stop denying our PTSDSC class members who are serving life sentences a fair opportunity to be released home, thereby doubly punishing and torturing us because we were unlawfully kept in solitary confinement without due process and exercised our constitutionally protected right to peacefully protest with hunger strikes to be released, refusing to debrief and become their snitches.

In struggle!

Prisoner Human Rights Movement

©Dec. 1, 2017, Sitawa Nantambu Jamaa and Baridi J. Williamson. Send our brothers some love and light: Sitawa Nantambu Jamaa (R.N. Dewberry), C-35671, and Baridi J. Williamson, D-34288, SVSP C-118, P.O. Box 1050, Soledad CA 92960.

[i] See “CDCR Task Force Report on Gangs, Violence and SHU,” 1986, citing CDCr’s 1971 “Report to Gov. Ronald Reagan on Revolutionary Organizations”

[ii] Same as above

[iii] See “Melancholy History of Soledad Prison,” by Min Yee

[iv] See case of W.L.Nolen, et al. vs. Fritzgerald, Warden of Soledad Prison (1969)

[v] See Madrid v. Gomez (U.S. Dist. Ct., N.D.Cal., no. c-90-3094), 889 F.Supp. 1146 (1995)

[vi] See Madrid, above, at footnote 5

[vii] See article, “Potty Watch: PBSP Human Rights Violations” by the Freedom & Justice Project, published in Prison Focus April 2011

[viii] See Madrid

[ix] See PBSP SHU prisoners’ letters and interviews, Pelican Bay Information Project (PBIP)

[x] See 2017 Stanford University lab report by the Human Rights in Trauma Mental Health Lab, detailing the ongoing negative health consequences Ashker class members have suffered following their release from long-term solitary confinement into the general prison population.

[xi] Ashker v. Brown, class action (U.S.N.D.Cal. no. 09-cv-05796-CW) settlement 2015

[xii] Walker, Taylor, “Two Years After End of Indefinite Solitary in CA, CDCR Violating Terms Of Settlement, and Inmates Experiencing Lasting Psychological Effects, Says Center For Constitutional Rights,” 11/22/17, WitnessLA, witnessla.com

[xiii] See Brown v. Oregon Dept. of Corrections, 751 F.3d 983, 988 (9th Cir. 2014)

i Went inside My Heart To Survive The Torture

Baridi on his first contact visit since decades, with his sister, 2016

To: OUTSIDE HUMANITY: This is part 2 of my Shared Journey inside the Tombs of California’s Solitary Confinement Torture Chambers, inspired by those of you Outside Representatives of Humynity who cared enough to take time out of your personal lives (even step out of your privileged comfort zones) and See Us (SHU Men) as Human Beings. I/WE THANK YOU ALL (special Shout Out to Sista Sharon, Cile & HRPP Reps).

Part II: I WENT INSIDE MY HEART TO SURVIVE THE TORTURE
By Baridi “X” Williamson
JW © June 6, 2016

When i entered this California branch of the New Jim Crow system of mass incarceration thirty-two years ago, there was nothing in my mind that could have prepared me for the torturous ordeal that awaited my arrival to this prison station along my Life’s journey – especially the last twenty-plus years of being buried alive in the State Government’s Solitary Confinement Torture Prison Tombs called various names — “AD-SEG” (Administrative Segregation), “SHU” (Security Housing Unit), etc.

Yet, it was the clear insight that was shared by a Freedom Fighter named George Jackson, who tells us in this internationally-acclaimed publications that “It takes some serious psychological adjustments to deal with prison life … ” (Soledad Brother). So you can imagine what that meant when having to come face-to-face and either deal with, or run (debrief/snitch/lie on others) inside Solitary Confinement for years/decades under California’s “Snitch, Parole, or Die” Mass Validation/Indeterminate SHU Classification/Indetermined SHU Classification/Debriefing (coerced enhanced interrogation) scheme (1980s to recent).

And there i was staring this inhumane, cruel and torturous creature in its face, as i entered that strange man-made diabolical construct called “Pelican Bay SHU” in the early 1990s. And just as George said, “Nothing can prepare you for this.” In January, 1995 U.S. federal court Judge Thelton Henderson described the conditions behind the Pelican Bay SHU walls/gates:

The Prison setting at Pelican Bay SHU offers a tremendous potential for abuse by guards who have powerful weapons and enormous manpower at their disposal and exercise nearly total control over the inmates under their supervision. Adding to this volatile mix is the fact that the prison setting of the SHU is far removed from the usual sights and sounds of everyday life. From the outside, the SHU resembles a massive bunker; from the inside, it is a windowless labyrinth of cells and walls, sealed off from the outside world by walls, gates, and guards. The physical environment thus reinforces a sense of isolation and detachment from the outside world and helps create “palpable distance from ordinary compunctions, inhibitions, and community norms.”
(Madrid v. Gomez, 889 Fed. Supp. 1146)

Sadly, it took decades for the outside world at large to learn the shocking truths about the inhumane, degrading, brutal and fatal horrors that were being secretly visited upon those of us inside the SHUs (which included SHUs at Corcoran, New Folsom, and Tehachapi). And that was only after the historic California Hunger Strikes (2011-2013) that we were able to finally break through CDCr’s secret redwood (Del Norte County/Crescent City) curtain wall of lies to hide their torture. But by then, the damage of Post Traumatic Stress Disorder — Solitary Confinement had already been done. This is why it is taking some of us so long to try to share with you — the Outside World Humanity — what we just experienced. It is the trauma that we must face, to grasp an understanding of, and expose to you.

During and following those peaceful Hunger Strikes, one of the interesting questions that those of you representing Outside Humanity that either took the (much-welcomed/-appreciated) time to write and/or come in and visit — (Shout Out to Everyone in the Prisoner Hunger Strike Solidarity Coalition (PHSS) — would ask me/Us was questions like:

How Do you Cope/Deal With Being In There All This Time”?

I will not try to speak for others, because we each had to find our own personal ways to “cope/deal” and (most of all) “SURVIVE” the traumatic torment we were subjected to in there. But i want to share that i am finally able to take a deep breath and learn about my personal struggles inside there.

During the first five to ten years in PBSP-SHU, i watched the guys around me outwardly showing their struggles as they slipped deeper into the abyss and ultimately lost their Sanity. This was especially blatant for those whom the prison staff deliberately separated from the rest of us (within the other SHU units) and moved them to a separate torture place called “VCU.” Many of them were driven insane within months (possibly due in large part to their already unstable mental state?)

I recall how these guys would be taken from VCU and brought into the other SHU units where i/WE were located and you could see that they were all the way gone. A guy would spread feces all over the cell and his body and be inside his assigned cage like that with no care. And in the case of the young mentally-ill Black man named Vaughn Dortch, the staff (both medical and guards) forced Mr. Dortch into a tub of scalding hot water and held him down while they scrubbed his skin with a steel brush and his skin peeled away and hung loosely at the bottom of his legs [see here for a 1996 SF Gate article, and Madrid v. Gomez, or google “Vaughn Dortch.”]

Another prisoner had climbed atop the highest rail bars on the Second Tier and jumped off head first. Some guys banged their cups and spoon on the bars and screamed and yelled all night. And these are just some examples of the blatant symptoms of SHU prisoners losing their sanity. Then there are those who, like myself, were able to internally find the wherewithal to battle/resist (often with outside Humanity’s supportive help) and cope/survive.

For me, i survived by trying to identify which ways our CDCr SHU tormentors were using to penetrate our inner-being and manipulate/play on our vulnerabilities and weaknesses as Human Beings to try and Break our Minds and Spirits — such as playing games, denying all natural Human and social contact with anyone, including our Families, depriving us of the normal use of our natural senses to see the grass, trees, sun (feel its rays/warmth), to smell/taste nutritional, wholesome food, to hear natural sounds like birds singing, human laughter, etc. We were physically entombed in a 3-walled concrete, windowless Box with little holes at the front formed around a locked, rectangular slot that they shoved the food tray through. All we could see was a larger wall directly in front of the cage. I sensed the need to have some kind of defense around me inside. But how?

Once i saw that the entire Solitary Confinement ‘creature’ was set up to attack my overall Being (inside and out), i started trying to find effective ways to cope. So for years i relied heavily on mainly exercising my body and mind, reading, studying and writing. And whenever I felt the stress and strain of the ‘creature’ tugging at my inner-Being, trying to pull my Sanity over the edge into the abyss, i would quickly get to exercising. That worked for awhile, but then came the mundane, everyday monotony of waking up and having to face and deal with the same ole tired, boring regimen, day-in and day out. It would be at this stage of my internal struggles that i feel this ‘creature’ tugging at me. So i learned to go inside myself, find memories of my Family and hug/hold onto them for dear life. I would place us in a sacred place deep inside the Heart and there we would remain throughout the duration of my traumatic ordeal. I would somehow fix my Mind to shut down, block out, and close off any noticeable access by our Tormentors to get into that safe sanctuary of my Heart and Soul.

I erected some unnormal psychological walls to guard my-Self/Sanity that i have no idea what i created to SURVIVE!

To be continued . .. Next “Exiting the Madness Thru Humynity”

Baridi Williamson, D34288; SVSP C1/118; PO Box 1050, Soledad, CA 93960

Summary of Ashker v. Governor of California

Summary of Ashker v. Governor of California

Settlement Terms

[from: CCR website]

When Ashker v. Governor was first filed as a class action in 2012, thousands of prisoners across the state of California languished in prolonged solitary confinement in Security Housing Units (SHU). At Pelican Bay State Prison alone, more than 500 prisoners had been held in the SHU for over 10 years, and 78 prisoners had been there for more than 20 years. They were warehoused in cramped, windowless concrete cells for almost 24 hours a day with no phone calls, infrequent visits through plexiglass preventing physical contact, meager rehabilitative opportunities, and no opportunity for normal social interaction with other prisoners. Their indefinite and prolonged confinement in this torturous isolation was based not on any actual misconduct but on vague and tenuous allegations of affiliation with a gang. Prisoners were routinely placed in prolonged solitary confinement for simply appearing on a list of gang members found in another prisoner’s cell, or possessing allegedly gangrelated artwork and tattoos.

In 2015, the plaintiffs agreed to a far-reaching settlement that fundamentally alters all aspects of this cruel and unconstitutional regime. The agreement will dramatically reduce the current solitary confinement population and should have a lasting impact on the population going forward; end the practice of isolating prisoners who have not violated prison rules; cap the length of time a prisoner can spend in solitary confinement at Pelican Bay; and provide a restrictive but not isolating alternative for the minority of prisoners who continue to violate prison rules on behalf of a gang.

1. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system.

Under California’s old regime, prisoners identified as gang affiliates were sent to SHU for an indefinite term based merely on their gang affiliation, regardless of whether they had ever violated a prison rule. The settlement transforms California’s use of solitary confinement from a status-based system to a behavior-based system: from now on, California will only send gang-validated prisoners to SHU if they are found guilty, at a hearing, of a serious “SHU-eligible” rule violation. These violations are now limited to the same violations that send non-gang-validated prisoners to the SHU: murder, violence against persons, threats to kill or assault, weapons possession, distribution of controlled substances, escape, disturbance, riot or strike, harassment, gang activity that leads to a serious rule violation, serious theft or destruction of property, extortion or bribery, certain sexual misconduct, and related attempts or conspiracy.

2. Validated gang affiliates who are found guilty of a SHU-eligible offense will enter a quicker two-year SHU step-down program for return to general population after serving their determinate SHU term.

Prisoners validated as gang affiliates in California used to face indefinite SHU confinement, with a review for possible release to general population only once every six years. Even when such reviews occurred, a single piece of evidence of alleged continued gang affiliation led to another six years of solitary confinement. That evidence was often as problematic as the original evidence used to send them to SHU – for example, a book, a poem, or a tattoo that was deemed to be gang-related. As a result, California held more people in solitary confinement, for longer periods of time, than any other state in the country.

Under the settlement, California will no longer impose indeterminate SHU sentences. Instead, after serving a determinate sentence for a SHU-eligible offense, validated gang affiliates whose offense was proven to be related to gang activities will be transferred to a two-year, four-step program. Prisoners will definitely be released to a general population prison setting after two years unless they commit another SHU-eligible offense while in the step-down program. While conditions at the steps remain harsh, prisoners will be allowed some telephone calls and rehabilitative programming at each step.

This new step-down program improves upon interim reforms unilaterally promulgated by the state after the Ashker complaint was filed. It cuts in half the time in the program from four to two years; provides increased phone calls, other privileges, and out-of-cell programming in the steps; and eliminates prisoners being kept in the SHU for either minor infractions or failure to engage in required behavioral programming.

Under this settlement, those prisoners who have refused to participate in step-down programming, or who have been found guilty of numerous acts of misconduct that don’t rise to the level of a SHU-eligible offense, will be transferred to a new unit established as an alternative to solitary: a Restricted Custody General Population Unit (RCGP). In this unit, described below, they will have the opportunity to complete the step-down program in a high-security but non-solitary unit, and earn release into general population.

3. California will review all current gang-validated SHU prisoners within one year to determine whether they should be released from solitary under the settlement terms. It is estimated by CDCR that the vast majority of such prisoners will be released to general population. In addition, virtually all of those prisoners who have spent more than 10 years in solitary will be immediately released to a general-population setting, even if they have committed recent serious misconduct.

The settlement requires speedy review of all prisoners currently held in a California SHU based on gang affiliation. With very limited exceptions, described below, those who have not been found guilty of a SHUeligible offense within the last two years will be immediately released to a general-population unit. Those with a recent SHU-eligible offense will be placed at the appropriate step of the step-down program, based on the date of the rule violation. It is currently estimated that only a small minority of those currently held in a SHU based on gang affiliation have a recent SHU-eligible offense, so that the overwhelming majority of prisoners should be released into general population under this settlement.

In addition, California has implicitly recognized the harm to prisoners from very prolonged solitary confinement by agreeing that those prisoners who have already spent 10 or more continuous years in the SHU will generally be immediately released from the SHU and placed in the RCGP to complete the step-down program – even if they have been found guilty of, or are still serving a sentence for, a recent gang-related SHU offense. Nor will anyone be involuntarily held in the Pelican Bay SHU for longer than five years for any reason. Even those prisoners who have been incarcerated in the SHU for more than 10 years and are currently serving a determinate SHU sentence for serious misconduct will be released to the RCGP to complete their SHU sentence and the step-down program unless California can show by a preponderance of the evidence that to do so would pose an unreasonable security risk.

4. California will create a new Restricted Custody General Population Unit (RCGP) as a secure alternative to solitary confinement.

The RCGP is a general-population unit designed to facilitate positive and meaningful social interactions for prisoners about whom California has serious security concerns, such that they would otherwise be placed in solitary confinement. As such, it may serve as a model for jurisdictions seeking to do away with solitary confinement altogether, while still ensuring prison security.

As part of a general-population unit, RCGP prisoners will be allowed to move around the unit without restraints, will be afforded as much out-of-cell time as other general-population prisoners, and will be able to receive contact visits. As a very high-security, restrictive-custody unit, its group activities will generally be in small groups, instead of large yards. For example, RCGP prisoners will have access to educational courses, a small-group recreation yard, small-group leisure activities and programming, some job opportunities and phone calls. Programming will be designed to provide increased opportunities for positive social interaction with both other prisoners and staff.

Three categories of prisoners will be sent to the RCGP: first, those who repeatedly violate prison rules while in the step-down program or refuse to take part in step-down programming; second, those who have spent over 10 continuous years in some form of solitary confinement and have recently committed a SHU-eligible offense; and third, prisoners against whom there is a substantial threat to their personal safety that limits their ability to be released into other general-population units.

5. Very prolonged solitary confinement will be severely limited and those confined provided significantly more out-of-cell time.

Because this settlement ends the prior practice of indeterminate SHU sentences for validated prisoners, generally prisoners will not be kept in the SHU for more than 10 continuous years, with a limited exception, called Administrative SHU. The settlement limits and ameliorates such prolonged solitary confinement by (a) setting up strict criteria for its use, (b) requiring increased out-of-cell time, and (c) providing for strong judicial review of its use. For example, where the Departmental Review Board has overwhelming evidence that a prisoner who has already served a SHU term presents an immediate threat such that he cannot be placed in general population, he can be kept in the SHU. Even in such instances, CDCR shall provide enhanced out-of-cell recreation and programming of a combined total of 20 hours per week, double the out-of-cell time of other SHU prisoners. During the agreement, CDCR’s decision is subject to review by Magistrate Judge Vadas, who is monitoring implementation of the settlement with plaintiffs’ counsel. The agreement states that CDCR’s expectation is that only a small number of prisoners will be retained in Administrative SHU. The Administrative SHU prisoners will have 180-day reviews in which staff will be required to identify efforts to move the prisoner to a less restrictive environment with the assumption being that these prisoners would be candidates to be moved to the RCGP. In addition, no prisoner may be held involuntarily at Pelican Bay SHU for more than 5 years.

6. Prisoner representatives will work with plaintiffs’ counsel and the magistrate judge to monitor implementation of the settlement.

The struggle to reform California’s use of solitary confinement has always been a prisoner-led movement. Indeed, the settlement was negotiated with the active participation of the prisoner representatives, who met as a group several times with counsel via conference phone calls, and who ultimately decided as a group to ratify the agreement. Under this settlement, prisoner representatives will retain their hard-won seat at the table to regularly meet with California prison officials to review the progress of the settlement, discuss programming and step-down program improvements, and monitor prison conditions. Plaintiffs’ counsel will receive regular documentation of all administrative-SHU and step-down placements, progress, and SHU-eligible rule violations. Along with Magistrate Judge Vadas, plaintiffs’ counsel will monitor all aspects of the settlement implementation. Magistrate Judge Vadas will be empowered to review and remedy any individual or systemic violations of the agreement. In addition, the settlement continues the ability of the prisoner representatives from around the state to confer as a group in a conference call with counsel to discuss the implementation and monitoring of the agreement.

The settlement also requires re-training of California correctional staff, and prohibits any retaliation for prisoners’ past and future involvement in the litigation or settlement monitoring.

The monitoring process under the settlement will be in effect for 24 months, with the opportunity to seek additional 12-month extensions upon a showing of continuing constitutional violations.