Status of CDCR’s New Regulations

On December 28, 2011, two members of Prisoner Hunger Strike Solidarity’s mediation team spoke with Undersecretary Terri McDonald about the status of the new regulations on gang validation/SHU classification policies and procedures.

Undersecretary McDonald stated the following:

1. CDCR is changing to a behavior-based policy about SHU consignment, so that prisoners could be designated as members of “security threat groups” without being sent to the SHU.  Others currently in SHU who have not had behavior issues could be returned to the general population.  It remains to be seen how broadly CDCR will define “behavior.”
2. In addition, CDCR is designing a 4-step “stepdown program” designed for exiting gang members.  Step 1 is high security and step 4 is transition to general population.  Debriefing is not required to qualify for this program.
3. CDCR has drafted a “concept paper” about these new policies, which it intends to send to its national experts in early January.  CDCR did not adopt the prior recommendations of the 2007 experts’ report, mostly because of cost.  CDCR’s concept paper will not be available to prisoners and their advocates until after the experts weigh in.
4. CDCR hopes to hear back from these experts by late January or early February.
5. CDCR will then revise its concept paper and send it to “stakeholders” for feedback.
6. Stakeholders include such groups as legislators, law enforcement leaders in the community who work with gangs, the Prison Law Office and the mediation team.
7. After hearing from the stakeholders, CDCR will then turn its concepts into detailed regulations.
8.  Then CDCR will propose these changes officially through the public hearing process, negotiating with unions, etc.  McDonald also stated that the Castillo case would have to be factored in, so that someone coming up for a six year review doesn’t lose ground with the new provisions.  All of this will take time.
9. The status of individual prisoners who are currently in SHU will not be reviewed until all of this has happened, other than those who are up for annual review by the ICC.
10. The stepdown program can be implemented sooner, as it does not involve policy changes.  McDonald gave an example of prisoners going to an “integrated yard,” composed of prisoners affiliated with enemy gangs, to see if they can get along.
11. She cautioned that there will be no large-scale exodus from the SHUs.  They are concerned that, if they move too fast and violent incidents occur, the entire reform process will be destroyed.
12. Although the process will be slow, she stated that CDCR is committed to reworking its validation procedures, making SHU consignment behavior-based, opening the stepdown program and re-evaluating all current SHU occupants when the new regulations on validation and SHU placement are in place.
13. Regarding the specific promises that Scott Kernan negotiated as part of demand #5 (calendars, hobby items, sweats, etc), McDonald states that they have all been accomplished already with the exception of the chin-up bars, because they involve some expensive structural changes, and the photographs, which are happening over time, when prisoners get their ICC reviews.  She states that these items are not privileged-based.
14. CDCR officials who are involved are George Giurbino (who has retired but will remain on contract with CDCR for this purpose), Suzan Hubbard and Richard Subia.  Hubbard and Giurbino will be on the panel reviewing individual prisoners’ cases once the new regulations are rolled out.

Although the Undersecretary’s comments do not provide all of the detail we need, this information is helpful in general terms.  We will provide more information as we learn it.