AN ANALYSIS OF THE CDCR’S PROPOSED MODIFICATION OF THE VALIDATION AND SHU PLACEMENT PROCESS
By Ed Mead
“[T]he goals we are currently pursuing are objectively incorrect. To reform the validation process is good, but as an ultimate objective it is not a resolution. It’s a peripheral manifestation of the SHU’s themselves. It’s secondary, like bed sores on a cancer patient. Bandages and topical treatment are necessary, as a reformation of the validation process, to cure the bed sores, which are peripheral to the cancer, but the patient needs to be cured of the cancer. We are not going to be cured of perpetual isolation with Band-Aids, by reformation of the process, but only by dealing with the principle source of this illness—the SHU itself.” – A SHU prisoner
In an apparent response to CA hunger strikes one and two the CDCR has proposed new regulations with respect to gang management and SHU placement. As you’d expect, there is very little velvet glove and a lot of iron fist—lots of stick but little carrot. The essence of their draft rules is to do away with gang status as a means of SHU or ASU placement, and to replace it with some sort of threat model or designation, like the feds do. In other words, instead of them saying you are somehow related to a gang, a classification the courts have held requires some measure of proof; they now change the name of “gang” to “Security Threat Group.” If you should (god forbid) be one of those people who might write about or verbally communicate something to the effect of how messed up it is to be a slave in 2012 America, then you are a “threat.” My friend Bill Dunne has been perpetually locked down in the federal system under just such a designation. But more to the point, how does this proposed new policy meet the five core demands?
The name has changed but the game is the same
The CDCR plans to no longer utilize the terms “Prison Gangs” or “Disruptive Groups” and instead will use a “Security Threat Group” designation or STG. STGs are divided into two groups, STG-I and STG-II, what used to be gang members and gang associates or affiliates, respectively. What is a STG? It is defined as “[a]ny group or organization of two or more members, either formal or informal (including traditional prison gangs) that may have a common name or identifying sign or symbol, whose members engage in activities that include, but are not limited to … acts or violations of the department’s written rules and regulations” or any law or attempting, planning, soliciting, etc. to do such things. How is one assessed to be an STG? The list is too long to detail here, suffice it to say two or more people who the cops feel might represent “a potential threat to the safe and secure environment of the institution … such activities as group disturbances [like a peaceful hunger strike?].”
Validation continues to be “[t]he objective process by which an inmate is determined to be or have been an active member of a STG.” While the CDCR’s draft documents refer to the STG designation, the surrounding verbiage is all about gangs and validation. The stated purpose is still to “prohibit inmates from creating, promoting, or participating in any club, association, or organization, except as permitted by written instructions.” This of course prohibits forming a prisoners’ union, something guaranteed to all humans by the Universal Declaration of Human Rights.
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