PHRM: Cease Participation within CDCr’s Sensory Deprivation/Behavior Modification Program (SDP Steps 1-4)

Sitawa Nantambu Jamaa

April 15, 2015

Our non-Violence Peaceful Protest continues via our Prisoner Human Rights Movement (PHRM), Local Council. For each prison / institution, and here at California Correctional Institution, Tehachapi prison, we, the Local Council, are:

Brutha Sitawa; Danny Troxell, B76578; Gabriel Huerta, C80766; and Javier Martinez, T62995, who shall represent the PHRM.

On the state level the PHRM Four (4) Principal Negotiators are: George Franco, Arturo Castellanos, Todd Ashker and Sitawa Nantambu Jamaa (Dewberry).

The statewide Representatives of our PHRM and Agreement to End Hostilities (AEH) are D. Troxell, L. Powell, A. Guillen, G. Herta, P. Redd, R. Yandell, J.M. Perez, J. Baridi Williamson, S. Sandoval, P. Fortman, Y. Iyapo-I (Alexander), A. Yrigollen, F. Bermudez, F. Clement, and R. Chavo Perez.

All of the above named Prisoner Activists are recognized by CDCr leading officials there in Sacramento head office. We shall not allow for CDCr leading officials to condone and sanction CCI, (specifically), Pelican Bay, CSP-Corcoran and CSP-Sacramento continue to violate our Human Rights, Civil Rights, U.S. Constitutional Rights, California Constitutional Rights, CCR-Title 15 Rights and those statewide sanctioned standardization policies for all SHU, SDP and Ad Seg Prisoners.

We know that CCI officials have been consistently violating our 1st and 8th and 14th Amendment Rights of the U.S. Constitution.

We, the PHRM, stand in Solidarity with all CDCr Women SHU and Ad Seg and GP prisoners. California Women Prisoners Lives Matter !!

CDCr and CCI both realize that on Sept. 4, 2013, myself, along with the above named Prisoner Activists, entered into an agreement to the PHRM to suspend our July 8, 2013 Historic Third Hunger Strike, so that Director M. Stainer can carry out and complete the mandates of Undersecretary Scott Kernan’s policies and directives to all CDCr Wardens, and afford all SHU and Ad Seg people their new CDCr rights as prisoners.

On Sept. 5, 2013, our Third Historic Hunger Strike of 30,000 state prisoners, we, Principal Negotiators entered into another CDCr Agreement with M. Stainer, Director of DAI, along with his two (2) leading, acting Special Directors, G. Guirbino and S. Hubbard, who are the architecture of the STG/SDP. We Principal Negotiators went through a two (2) month (Sept., Oct. 2013) process of dialogues and negotiations over the Five (5) Core Demands and the Forty (40) Supplemental Demands, which are now a part of the SHU/SDP Standardization Current Policies.

Now, the realization of the PHRM-Local Council that we are a recognized Political Prisoners Movement, by the California State Legislature, CDCr’s past and present Secretaries, UnderSecretaries, and Directors of DAI, etc., operating inside and outside of California Prison System since January 1, 2011. No Warden in CDCr can state that they are not aware of the PHRM, especially the five SHUs, etc. within California Prison System and the laws and policies and Standardization of Rules, which are a result of the struggles that the Prisoner Activists have been directly involved with the PHRM, which drastically transformed California Prison system (i.e., CDCr).

The PHRM-LC is struggling for their Rights, Civil Rights, State Constitutional Rights, U.S. Constitutional Rights and those CDCr, CCR-Title 15 Procedural Due Process Rights, which have been denied to our Prisoner Class here at CCI/ Tehachapi prison.

“California Correctional Institution, CCI have denied all SHU and SDP prisoners their Rights, knowingly with malice aforethought, to cause permanent psychological damage while utilizing sensory deprivation and mandatory behavior modification (i.e., SDP).” S.N.J. © January 20, 2015

The above description of our suffering has been sanctioned by CDCr’s leading officials who actually knew or should have known about CCI’s blatant disregard of laws and policies and prisoners rights not to be tortured on any aspect of prisoners humanity.

This is our tentative list of CCI officials who have been violating our rights daily and implementing these rule violations:  Kim Holland, Warden; W. Sullivan, Chief Deputy Warden; J. Gutierrez, Chief Deputy Warden; P. Matzen, Associate Warden; Mayo, Capt.; Y. Ybarra, CC-I; M. Esqueda, CCI; M. Montano, IGI Sgt.; Mike Tann, SDP Facilitator, CC-III; Cole, Sgt.; Cantu, Sgt.; J. Tyree, IGI Lt.; Nathaniel, Laundry Supervisor; W. Whitson, Sgt.; B. Snider, CC-II; Campbell, Lt.; and the various co-conspirators, i.e., Sgt’s, Lt’s, CC-II’s, CC-Is, etc., who are retaliating, discriminating and directing cultural and racial prejudice at SFP Step 3 and 4 prisoners specifically, and against SHU prisoners as well.

Those above named CDCr employees are directly responsible or was directly aware of our suffering and did nothing to stop it. Yes, that constitutes co-conspiracy, according to California Penal Code titled Conspiracy, and these CCI officials cannot claim they were not aware of these blatant disregards of our Prisoner Rights.

These Prisoner Rights have been sanctioned by the three (3) highest ranking CDCr officials within the State of California during their tenure, between July 2011 to the present day of May 2015, as the Secretary of CDCr, Undersecretary of CDCr and Director for Division of Adult Institutions for CDCr.

PHRM-LC realized that CCI named officials feel that they are above the laws of this State and have continuously undermined their superior authorities from CDCr head office. CCI have been operating their rogue IGI with the sanctioning of the Warden, Chief Deputy Warden, and Associate Warden of this institution.

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Gov. Jerry Brown, AG Kamala Harris and CDCr officials, you have the power to stop torture in California prisons

March 29, 2015, in: SF Bay View

by Prisoner Human Rights Movement Local Council

Open letter to senior officials at CDCr headquarters:

We are sharing our express concerns as the CCI Prisoner Human Rights Movement Local Council – Sitawa Nantambu Jamaa (Dewberry), Danny Troxell, Antonio Villagrana and George Ruiz – concerning the non-functional operation of Steps 1 through 4 and how we as SHU SDP (Step Down Program) prisoners are being denied our federal and state constitutional rights to equal protection and substantive and procedural due process. This is the gist of the message presented to all CDCr and CCI top officials at CDCr headquarters on Feb. 9, 2015, by the CCI facilitator.

Listen up, America: California does torture and cause great harm to California prisoners – i.e., citizens.

This is a summary of the thought-provoking message to Gov. Jerry Brown and his personally appointed CDCr Secretary Jeffrey Beard and their subordinates, including senior CDCr officials 1) G. Giurbino, 2) S. Hubbard, 3) M. Hoshino, 4) M. Stainer, 5) R. Diaz, 6) M. Ruff, 7) K. Harrington, 8) L. Payton, 9) K. Allison, 10) T. Rothschild and 11) D. Herndon, who are the decision makers over 100,000 prisoners throughout CDCr and those of us held at CCI (Tehachapi). Many of CDCr’s employees are equally applying their bias, discrimination, racist behavior and torturous tactics against prisoners labeled as members or affiliates of a Security Threat Group (STG) or gang and SDP prisoners daily.

There is systematic corruption which has been instituted by the new regulations on STGs and the SDP Steps 1 through 5, and the public – i.e. all California citizens – should be discontented with our elected officials who have allocated to the state $9 billion to torture us, to discriminate against us and to violate prisoners’ constitutional rights with taxpayers’ money.

California taxpaying citizens: You are obligated to fight against the legalized human torture you are paying for.

These local CDCr subordinates, such as those at CCI (Tehachapi) prison, have been using their staff’s racist, biased and discriminatory cultural practices to deny all prisoners their fundamental rights under the CCR Title 15, the California Constitution, the U.S. Constitution and the International Human Rights Law. We prisoners are being violated by these specific custody employees and medical employees: 1) Kim Holland (warden), 2) Dr. H. Tate, 3) W. Sullivan (CDW), 4) B. Snider (STG/SDP-CCII), 5) R. Mayo (captain), 6) J. Gutierrez (AW), 7) J. Edward (visiting room staff), 8) V. Ybarra (CC-I), 9) Matzen (captain), 10) Hernandez (SDP-CC-II), 11) K. Campball (sergeant), 12) R. Cole (sergeant), 13) Cable (property officer), 14) Landau (imam), 15) Davis (chaplain), 16) J. Tyree (IGI lieutenant), 17) E. Atencio (mailroom personnel), 18) Whitson (sergeant)(A), 19) J. Leon (correctional officer) and 20) Nathaniel (correctional officer) have all committed acts of punishment and harassment toward CCI prisoners.

Every citizen in the state of California should independently investigate all CDCr and CCI named employees and share information about the corrupt employees with California taxpayers – now! now! now!

We seek corrective measures to take place immediately in Steps 1, 2, 3, 4 and 5

The sham Step Down Program has been doomed from the start, governed by underground policies. On Oct. 12, 2012, CDCr enacted a pilot program in which it wrote open-ended policies that govern the program function and at the same time allow the policies to be manipulated at all levels of their administration as they see fit for their own benefit with its DRB (Departmental Review Board) process. Step placement is so arbitrary that the time period of advancement from one step to the next step can easily amount to regression back to a lower step.

In the regulations issued Oct. 17, 2015, of the Step Down Program Notice of Expectations, Step 1 and Step 2 prisoners can complete each step in one year but may be accelerated by ICC at the 180 day review; and Step 3, Step 4 and Step 5 prisoners can complete each step in one year – with no acceleration through these steps. Although the policy is written with specific and clear language, it demonstrates that CDCr has enacted policies of substantive due process. These underground policies allow Step 1 and Step 2 prisoners the benefit of an accelerated advancement from one step to the next in 90 days with three completed journals – Step 1 to Step 2 and Step 2 to Step 3.

These substantive due process policies have been implemented and extended to hundreds of Step 1 and Step 2 prisoners throughout CDCr since Oct. 12, 2012, utilizing CDCr standardization of all SHUs and Administrative Segregation units (AdSegs), which gives the appearance that their Step Down Program is up and functioning and prisoners are being advanced from one step to the next, while in truth only Step 1 and 2 prisoners are being accelerated and advanced to the next step in 90 days of their required 12 months.

This same advancement incentive is not being extended to Step 3, 4 and 5 prisoners, thereby denying them their substantive due process and equal protection rights. At this time, all Step 3, 4 and 5 prisoners are being forced to complete all 12 months of each step along with four completed journals, and they are receiving no incentive of accelerated advancement to the next step in 90 days for their participation. CDCr Step 3 prisoners are being punished and mistreated. Psychological warfare is being directed at them.

It is clear that CDCr is not applying its policies equally nor extending equal substantive due process to all three SDP prisoners. Furthermore, Step 1 and Step 2 prisoners are being rewarded for participation in the lowest steps of the program while Step 3, 4 and 5 prisoners are being punished for their participation in the higher, more advanced steps of the program. Step 3, 4 and 5 prisoners are not being extended any incentives for their ongoing good behavior and participation in these three steps.

In essence, CDCr has instituted a policy allowing Step 1 and 2 prisoners across the state to actually do a quarter of the required SDP one year. Yes, Secretary Beard of CDCr has approved 90 days and three journals per Step 1 and 2.

The SDP needs to be afford quarter-time credits to all prisoners in Steps 1 through 5 and especially Steps 3, 4 and 5 prisoners. Being that CDCr has been running the Step Down Program since Oct. 12, 2012 – for over two years – it is a clear violation of Step 3, 4 and 5 prisoners’ equal protection rights under the U.S. Constitution.

Secretary of CDCr J. Beard has sanctioned these procedures, and they must be corrected to provide to all Step 3, 4 and 5 prisoners the same treatment as Steps 1 and 2 now receive, in order to give them substantive due process forthwith.

Corrective measures for SDP Step 3, 4 and 5 prisoners

  1. All SDP Step 3 prisoners shall be accelerated and advanced forthwith to Step 4 after completing a 90-day period.
  2. All SDP Step 4 prisoners shall be accelerated and advanced to a 180-designed (high security) prison after completing a 90-day period, which is one quarter of the required 12-month time period, forthwith.
  3. All SDP Step 5 prisoners shall be accelerated and advanced to a 270 designed (lower security) prison after completing a 90-day period, which is one quarter of the 12-month observation time period, forthwith.

These SDP Steps 3, 4 and 5 privilege groups have been denied their equal protection and substantive due process rights under the California Constitution and the U.S. Constitution. CDCr must accelerate and advance prisoners in all above-mentioned steps.

Visiting

In the spirit of standardizing all CDCr SHUs and AdSegs, we must consider visiting, an unresolved issue of concern for years here at CCI. The entire visiting scheduling and process is conducted unprofessionally and causes all types of unnecessary problems for our visitors who are citizens.

CCI visiting operators have been forcing our visitors to be placed on hold for two to four hours just to schedule a weekend visit. CCI visiting officers are unprofessional and intentionally vindictive. It should not take more than five minutes to schedule a visiting date.

All allowable visiting time for SHUs and AdSeg prisoners fall under a statewide standardized visiting time period of two and a half hours per scheduled visit for Saturday and Sunday – not just for the one day and one hour visit per weekend as CCI has been doing for over a decade. All prisoners should be afforded two visiting days per weekend, as is done at all other SHU and AdSeg prisons in the state, except for CCI.

TV stations

All prisons and institutions within CDCr are responsible for providing all prisoners an adequate and functional TV system. Now CCI Warden Kim Holland is fully aware that the CCI TV system is inadequate and it has been so stated to him by the local court, by the granting of 602 appeals. CCI is not at present a part of any cable system or satellite dish system, which is the sole reason why prisoners have been receiving inadequate TV reception. Holland and staff have been for years denying prisoners Charter Cable or Direct TV and are currently mishandling and misappropriating the allocated funds for the CCI TV service and education departments.

From the Prisoner Human Rights Movement! In struggle!

The CCI Prisoner Human Rights Movement Local Council can be reached via Sitawa Nantambu Jamaa (Dewberry), C-35671, 4B-7C-209, P.O. Box 1906, Tehachapi CA 93581.

Alternatively, you can send an email with your questions and/or support via email to:

Prisonerhumanrightsmovement [at] gmail.com

This will be forwarded to Sitawa via snail mail since he has not computer, cellphone or internet connection.

© Sitawa Nantambu Jamaa

Pelican Bay Short Corridor Human Rights Movement: Banned testimony of the four main prisoner representatives

Published in: SF Bay View, Feb. 11th, 2014

by Todd Ashker, Arturo Castellanos, Sitawa Nantambu Jamaa (Dewberry) and Antonio Guillen

Feb. 11, 2014 – We are prisoners at Pelican Bay State Prison who have all lived for over 15 years locked 23 hours a day in small windowless cells, without ever being able to hug or touch our families, without ever seeing birds, trees or the outside world, with no programs or chance for parole.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging. We are put in Pelican Bay not for any specific term of months or years for misconduct we have committed, but indefinitely, which in practice means forever – unless we become informants.

California keeps us in these torturous conditions not because of any violence we have committed, but because it believes we are affiliated with a gang, often based on artwork or photos we possess, tattoos we have, literature we read, who we talk to or anonymous informants’ statements that we have no way of challenging.

Last summer we went on hunger strike – we were willing to starve ourselves to death rather than continue to endure these dehumanizing conditions forever. We ended the strike because several compassionate legislators promised to call the hearings that are taking place today. Yet today the legislators will hear from psychologists, lawyers, other experts, corrections officials, but not from us – who have the most experience with the conditions we face – because California (CDCR) prison officials refuse to let us testify, even remotely via video or audio, which they could easily do.

So this is our banned testimony: CDCR claims to have now instituted a reform program. It is a sham, just like the so called reform they instituted a decade ago after a court settlement which resulted in no real change. This new reform effort still maintains the basic conditions at Pelican Bay, and will continue to keep prisoners in isolation for vague gang affiliation based on artwork, literature, communications or informants’ testimony that does not meet California’s judicial standards for reliability in criminal trials.

California is still unwilling to move to a real behavior based system where prisoners are given determinate terms in solitary after due process hearings at which they are found guilty of some serious misconduct, such as assault, murder, rape or drug dealing. Instead, these new policies widen the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

CDCR’s reform program widens the net of prisoners who can be labeled as gang affiliates and isolated based on that label. These unjust and ineffective policies are very expensive and have already cost our state millions of tax dollars which could be put to better use.

Moreover, even those prisoners who need to be isolated from the general population because of the violence they have committed while in prison ought to be treated humanely. There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

There is no reason California can’t run very high security prisons that allow prisoners held in segregation to have contact visits with family, phone calls to family and friends, educational and rehabilitation programs, more out-of-cell time, cells with windows, recreational yards that allow for small groups to recreate together and see the outside world: in short, segregation from the general population, but not torture or dehumanization.

We have written petitions and letters to the governor, filed a class action federal lawsuit and gone on hunger strikes seeking real reform, not the bogus reform Californian officials now propose. It’s time for California to do the right thing. It’s time for the legislature to enact meaningful reforms.

Pelican Bay Short Corridor Human Rights Movement:

• Todd Ashker, C-58191, SHU D4-121, P.O. Box 7500, Crescent City CA 95532

• Arturo Castellanos, C-17275, SHU D1-121, P.O. Box 7500, Crescent City CA 95532

• Sitawa Nantambu Jamaa (Dewberry), C-35671, SHU D1-117, P.O. Box 7500, Crescent City CA 95532

• Antonio Guillen, P-81948, SHU D2-106, P.O. Box 7500, Crescent City CA 95532