CDCr Proposes Draconian Visiting Policies

California Department of Corrections and Rehabilitation Tries To Fast Track Draconian Prison Visiting Policies, Proposing Use of Canines and Controversial ION scanners

Claiming the need for emergency passage of new visiting policies, the California Department of Corrections (CDCR) is proposing the use of canines and ION scanners that would subject visitors to prisons to humiliating and traumatizing strip searches if they tested positive but wanted to be able to have a contact visit with their loved one. Canines are trained to “alert” to the presence of drugs (even prescription ones) tobacco and cell phones. If the canine alerts or the scanner tests positive, “the visitor shall be required to submit to an unclothed body search as a condition of visiting.” Both canines and ION scanners are notorious for troubling rates of false positives, giving rise to litigation challenging the legality of their use. In 2008 Federal Bureau of Prisons was forced to abandon its use of ION scanners because of the number of false positives and the hundreds of complaints by family members who were wrongfully denied visits.

Refusal to submit to this humiliating treatment will result in denial of the contact visit for that day. If non-contact visiting areas are available (unlikely on the day of) the person may have a non-contact visit instead. Anyone refusing to submit to the searches even if they have no contraband, will have visiting privileges suspended for a year after 3 refusals. Any visitor found with drugs or cell phone is subject to possible arrest and criminal prosecution, and will have visiting privileges suspended for one year the first time, and permanently the second time.

However, prison employees, contractors and volunteers, although also subjected to the dogs and scanners, will only have to endure a pat down search of there is a positive sign. Incarcerated people under the new regulations will also be subject to these canine searches.

Anticipating widespread reaction from family and friends of prison visitors, the CDCR has only given five calendar days for public comment about this policy, in contrast to the typical 30 days. Defining these as emergency regulations and allowing only five days for public response is disrespectful in the extreme.

“As a family member, it is a serious violation of my human rights to be forced to be humiliated in order to see my brother and give him family support” said Marie Levin of the Prison Hunger Strike Solidarity Coalition. These proposed regulations stigmatize and criminalize family members and friends of people in prison and subjects them to humiliating, overly intrusive treatment. The thought of being exposed to sniffing dogs, scanners and possible strip searches will be a deterrent to some visitors and may further weaken prisoners’ ties to the community. PHSS demands that it be deleted from proposed regulations entirely.

See the 16 page PDF of the proposed new regulations as written by CDCR.

Press release from PHSS

URGENT: Stop strip, scanner, and dog searches

PHSS header

The CA Dept of Corrections and Rehabilitation (CDCR) just proposed regulations mandating use of dogs, scanners, and traumatizing strip searches for people coming into a prison for a contact visit with a loved one. 

“They want to be free to pursue the maintenance of the SHU torture units and the expansion of the prison industrial complex (and the ever-growing portion of the public’s tax dollars) without the prospect of legitimate criticism and the voice of opposition.” -Prisoner in Corcoran State Prison SHU

We need your help to stop this human rights violation before 5pm today!

They have given the outrageous period of only five days for public comment on this deeply unjust policy.

Several months ago, due to your your principled action in writing to the Dept of Corrections regarding the proposed censorship regulations, they shelved those regulations!

I’m writing to ask you to do it again! 

As a family member, it is a serious violation of my human rights to be forced to be humiliated in order to see my brother and give him family support.

There’s been more family involvement in the prison system over the last three years than ever before, and we’re challenging what they’re doing. People are watching and they don’t like that – it’s not as easy to get away with abuses of power.

Please weigh in and speak out about these regulations TODAY, Sept. 23rd.
The comment period closes at 5pm tonight.

It is absolutely crucial to act immediately, and show them we can mobilize some serious opposition.

Share this with everyone you know who might also want to send a letter.

Thank you for everything you do. Marie Levin

Prisoner Hunger Strike Solidarity Coalition
A member of Californians United for a Responsible Budget

Hunger Strike Rep. Todd Ashker to CDCr Administration, 9/1/14

Todd Ashker writes from Pelican Bay SHU Short Corridor:

“….I am requesting your attention and responsive dialogue-addressing these issues during the meeting with our outside mediation team- and with Arturo Castellanos, George Franco, James Williamson, and myself in the near future…
The following is from me.

We are presently at the one year point- post “suspension,” of our third peaceful protest hunger strike action against longterm-indefinite-solitary confinement [i.e. SHU/Ad-Seg confinement]… and related conditions therein and damage therefrom- to prisoners, our outside loved ones, and society in general….

.The bottom line is, longterm-indefinite-SHU is not effective and harms all concerned. It’s ending nationwide and this will be the case in Calif. too- better to be sooner than later….”

PDF of transcribed Memo HERE.  Handwritten letter HERE

***

Memorandum

Sept. 1, 2014

To: CDCR-Administration
Secretary Beard, UnderSec. Hoshino
Director Stainer, Assoc. Dir. Diaz,
PBSP Warden Ducart

From: Todd Ashker, C58191-
One of four PBSP-SHU Prisoner Reps
(via outside mediation team)

Subject: Five Core Demands, 40 Supplemental Demands,
and CDCR’s STG-SDP

This memorandum is directed to the above CDCR Administrators for the express purpose of respectfully reminding you about unresolved, and/or continued problematic, issues relevant to our 2011-2014 Five Core and 40 Supplemental demands… and CDCR’s Security Threat Group-Step Down Program [STG-SDP]… Continue reading