San Quentin News

Written By Incarcerated - Advancing Social Justice

Landmark Prop.57 ruling: In re McGhee

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Petitioner Tijue Mcghee with his legal guide Rudy Wilkins
Petitioner Tijue Mcghee with his legal guide Rudy Wilkins

A California appeals court has ruled that the California Department of Corrections and Rehabilitation (CDCR) has improperly denied parole hearings to thousands of incarcerated individuals.

Approximately 4,450 non- violent offenders who were denied parole consideration due to in-prison rules violations will now be eligible for early release due to the land- mark ruling, the San Francisco Chronicle reports.

“The whole objective was to not only find relief for me, but for all those who are similarly situated,” said Tijue McGhee, the petition- er in the case, “All people deserve the same treatment under the law.”

McGhee was sentenced to nine years in state prison, four years for a burglary and five years for a previous felony enhancement.

Under the regulations implemented after Proposition 57 passed, McGhee would have been eligible for parole consideration as a non-violent offender after serving four years.

He had been denied a pa- role hearing due to receiving a Division A(1) Rules Violation for possession of a weapon and for serving a Security Housing Unit (SHU) term, two issues which were related. As a result, McGhee lost good time credits and was also given a DA referral. He was convicted of possession of a weapon within an institution and sentenced to an additional four years at 80% as a non-violent offense.

“What inspired me to file was that the law was being introduced in 2016 [Prop 57] to further reduce the CA state prison population. It was supposed to be a tool for those who are nonviolent offenders as a remedy for further overcrowding,” said McGhee. “Also, nonviolent offenders would have liberty interest that was established by the state law which amended the California Constitution Article 1 section 32 A(1)(A).”

The latest ruling from the California Appellate Court is the third against the CDCR regarding nonviolent parole hearings, according to the San Francisco Chronicle.

The first ruling struck down restrictions that excluded non-violent three strike convictions from being considered for early parole. The second ruling, which was issued in January 2019, struck down an exclusion of incarcerated individuals who were previously sentenced for a sex crime, but were currently serving time for a nonviolent crime. The latest ruling bars CDCR from excluding nonviolent offend- ers from parole hearings due to in-prison conduct.

“The ultimate decision is to be made by the (parole) board, not the department,” said Presiding Justice Stuart Polack in the 3-0 ruling.

McGhee filed a Writ of Habeas Corpus in Solano County Superior Court while he was being held within their jurisdiction. His friend and legal mastermind Rudy Wilkins assisted him while he crafted the documents.

“More inmates should really begin a study of their constitutional privileges, provisions, and protections that are allotted to them as citizens of the United States,” said Wilkins, “I think this inspires an individual to not so much challenge the authority, but to challenge the procedure and to make sure that the procedure is accurate with regard to all current laws and provisions provided for prisoners.”

Californians divided over results from criminal justice reforms

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A debate is growing on the impact of criminal justice reforms in California. Widely differing views are surfacing on reforms approved by California voters in recent years.

That includes Proposition 47 in 2014, that reduced some crimes from felonies to misdemeanors; Proposition 57, which passed in 2016 and allowed prison officials to decide which nonviolent felonies could be reduced to misdemeanors (under Proposition 47), and a 2018 measure allowed many defendants to be released without bail pending trial.

Opponents of reform argue that California’s new laws are to blame for increases in certain categories of crime or short-term fluctuations in rates of violent crime. The opponents include state police unions, court employees, some district attorneys and politicians. They blame early release initiatives for violent episodes of recidivism, according to the Jan. 21 New York Times.

Ironically, overall crime rates have reached lows not seen since the 1960s, the newspaper reported.

“Proposition 47 has nothing to do with violent crime,” said Charis E. Kubrin of UC Irvine. She is one of the researchers in a study that found no link between Proposition 47 and violent crime.

The study uncovered increases in larceny and auto thefts, but Kubrin and her co- author, Bradley J. Bartos, did not conclude that Proposition 47 was the cause.
The Los Angeles Association of Deputy District Attorneys criticized the study, adding that Proposition 47 had “arguably failed,” due to increases in crime.

“important to understand that we are in a historic decline… we are safer than almost at any time in history”

Last year, former Attorney General Jeff Sessions warned of a “staggering increase in homicides.” Violent crime did rise in 2015 and 2016, yet, when FBI figures were released, they showed violent crime had decreased in 2017. This is why some researchers and activists say that criminal justice policies should not rely on annual fluctuations, the newspaper reported.

“Year-to-year fluctuations don’t really tell you much,” said Rob Smith, executive director of the Justice Collaborative. He also told the newspaper that it’s “important to understand that we are in a historic decline…The reality is across California and across the country, we are safer than almost at any time in history.”

In California, law enforcement unions, bail bond companies and other groups are pushing measures to define new crimes as felonies and repeal the state’s recent cash bail reform.

More credits offered under Prop 57

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“As of May 1, 2019 (under new emergency regulations), people can earn 10 days of (Rehabilitative Achievement) credit for every 52 hours of participation(in eligible self- help and volunteer public service activities), up to a maximum of 40 days credit per year.”

The programming credits under Proposition 57 have been enhanced once again, and many inmates are happy to see these changes.

Inmate David Hill said, “I think it’s a good thing; it’s going to make me more inclined to stay in my groups now that the credit hours roll over into the next year.” These Rehabilitation Credits will get me out of prison at least five months early. Which means I’ll get to my family almost six months sooner.”

The voters of California passed Prop. 57, the Public Safety and Rehabilitation Act of 2016 with more than 64% of the vote. Prop. 57 gave the California Department of Corrections (CDCR) the authority to make changes regarding credits by issuing new emergency regulations in order to keep the prison population within the federal court-ordered limit aimed at reducing crowding in prisons.

Since then, CDCR made small changes that increased the programming credits for inmates. For example, a college student who successfully completes a course with a grade of C or better now receives 3 weeks of Milestone Completion Credits rather than 2 weeks for each course. This change went into effect August 1, 2018.

Now, according to the Prison Law Office, “as of May 1, 2019 (under new emergency regulations), people can earn 10 days of (Rehabilitative Achievement) credit for every 52 hours of participation (in eligible self-help and volunteer public service activities), up to a maximum of 40 days credit per year.” In addition, “If a person earns excess credits, the excess credits will be rolled over and can be applied during following years,” said the Prison Law Office.

Another change affects the Educational Merit Credits. “Starting on May 1, 2019 (under new emergency regulations), a person who earns a high school diploma or equivalent earns 180 days of credit; people who previously got only 90 days of credit under the older rule will be granted an additional 90 days of credit,” according to the Prison Law Office.

“I got my GED back in 2016, here at San Quentin, I did it to show my mother that I was changing for the better,” said inmate Ryan Dietz. “I was stoked to get 90 days off of my sentence and it’s even better now that I’m going to get an- other 90 days off and get home to my family this July.”

The U.S. Departments of Justice and Education said in 2013 that education dramatically improves the lives of incarcerated people, improves employment opportunities, reduces recidivism, and saves money for the state.

Most inmates are able to earn credits for successful participation in approved rehabilitative programs, but it’s important for inmates to verify with their Correctional Counselor to make sure that they are eligible for programming credits.

The information on how Milestone Completion Credits, Rehabilitative Achievement Credits, and Educational Merit Credits, are processed can be found in section’s 3043.3, 3034.4, 3034.5, of the 2018 California Code of Regulations, Title 15, Division 3.

It’s important to know that can Milestone Completion and Rehabilitative Achievement Credits may be lost due to rule violations; however, Educational Merit Credits cannot be taken away.

Veterans’ toy drive is “all about the kids”

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Toys collected for the Veterans’ Toy Drive in the SQ visiting room

It was toys and smiles all around as dozens of children came to visit their dads in San Quentin State Prison at Christmas-time.

“It’s all about the kids,” said Tony Burch, vice chair of the veterans group that sponsored the Toys for Tots event in its thirtieth year.

“I just love to see the expressions on the faces of the kids,” said Army veteran Garvin Robinson, long-time secretary and treasurer of the Veterans Group at San Quentin.

Robinson admitted that sometimes he has as much fun as the kids playing with the toys. 

“I can see they got the spirit in them — the joy on their faces shines as bright as on Christmas Day. It reminds me of me when I was a kid,” said Army Vietnam veteran Adam Sinegal. 

Hundreds of toys and smiles of joy greeted the children as they entered the festively decorated San Quentin visiting rooms to visit their inmate family members and friends. 

The toy event is scheduled for the weekends before Christmas and on Christmas Day each year. 

San Quentin Veterans Tony Burch, Adam Sinegal, Stanley Baer, Garvin Robinson and Gary Cooper

Robinson, who has been incarcerated for 33 years and has three sons of his own, said about the toy giveaway, “It fixes me – I can put a smile on a kid’s face. This is the best thing I’ve done in my life.” 

“We treat all kids equally,” said Marine Corps veteran Stanley Baer. “It ain’t the kid’s fault,” he said about the children visiting their incarcerated loved ones. He explained that many of the children come to visit inmates who have been convicted of serious crimes with lengthy, life or even death sentences. “They’re the most grateful because it’s so unexpected.” 

Baer helped a young girl pick out the doll she wanted. After consulting with her mom, the girl embraced the doll with both arms and a beaming smile. Baer commented, “That moment right there – that one genuine moment – made the whole day worthwhile.” 

“Some of these kids are like family to us” 

“Some of these kids are like family to us,” Marine veteran Gary Cooper said, “We’ve seen them grow up over the years.” Cooper said it reminds him of the joy he and his own kids shared when shopping and opening presents during holidays past. 

On their way to the main visiting room, visitors walked by the children’s playroom. Looking in, they were surprised to see tables stacked with hundreds of toys for the visiting children, 

Reactions included: “Oh, look at that, Michael. Wow! Yay! I want that!” 

Each child entered to choose the toy they wanted to take home, but with so many options, which one? The choices included a wide range – from the Millennium Falcon, Kylo Ren’s Tie Silencer, BB-8 and R2-D2, to dolls, play walkers and play mats for toddlers and infants. From basketballs, soccer and footballs to high-tech electronics like the Vtech Alphabet Apple and the Leap Frog learning tablet. 

“I wanna take that!” said one young girl. With parent’s approval, she was given her toy, and with a huge smile said “My Num Noms – Yum!” She then began dancing joyously, repeating, “I got Num Noms!” 

One inmate with his child said, “I used to get so excited,” remembering Christmases from his own childhood. Another said about the game “Operation,” “That game’s been around since when I was a kid.” Other games that have been favorites for generations included Sorry, Monopoly, Connect 4 and Trouble. 

The veterans group’s staff sponsor, Rachael Murray, a CDCR employee, worked with the SQ veterans group to put the event together. “Rachael was instrumental,” said veteran Baer. She drove a van to the Toys for Tots warehouse where it was filled – front to back, floor to ceiling – with the toys she then brought to the prison. 

Murray said she enjoys working with the veterans because they are all team players. She said the toy giveaway “always has been and always will be about being able to bring some joy to the kids … making sure they have something to smile about.” 

VGSQ members Earl Orr and Samuel Gaskins gave out the toys in the other visiting room in San Quentin’s H-Unit. 

The veterans group also does food sale events inside San Quentin to raise funds to donate to the Toys for Tots program — usually several thousand dollars each year, according to VGSQ member Fred Cole. 

This year’s donation was under $2,000 because of a statewide suspension of food sales in prisons, said Cole. He added that VGSQ hopes the sales will be reinstated. 

Dozens of children receive toys each day during the event. One of them was 5-year-old Troy Jackson. He happily picked out a toy with his grandfather, Kenji Jackson, whom he came to visit. 

Ten-year-old Riley and 5-year-old Kai, visiting their “Uncle Nick,” chose Num Noms and slime to take home with them. “I wanted the slime,” said Riley, as Kai described how he would stretch the slime and make noises with it: “You can do this.” 

Kai Kane, Nicola “Uncle Nick” Bucci, Riley Kane and Frank Jernigan picking out toys in the visiting room

Thirteen-year-old Jayla Watts, daughter of Jerome Watts, was happy to get a toy but said that the best thing about Christmas is “spending time with my family.” She continued, “Even though this is a prison, I still enjoy spending this time with my dad and my family in here – it feels like it’s not a prison.” Jayla’s dad, Jerome, said that the visit is the highlight of his holiday season. 

Jerome Watts with daughter Jayla

The grandmother of another visiting child said that she was excited to see all the toys given away because it was completely unexpected. She said in 13 years of visiting her son, “in so many prisons – this is the first time I’ve seen anything like this. It’s a real blessing.” 

Kenji Jackson with grandson Troy Jackson

CDCR issues new regulations for non-violent three-strikes offenders

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California set a nationwide trend in sentencing reform when, in 2012, voters passed an initiative that reduced the sentences for non-violent three strikers. The result: thousands of prisoners serving life sentences got out of prison.
Other initiatives in 2014 and 2016 chipped away at the Three Strikes Laws. Thousands more prisoners earned release.
The latest development comes from an appeals court case, re Edwards.
Edwards holds that California Department of Corrections and Rehabilitation (CDCR) regulations preventing nonviolent three-strikes prisoners from the benefits of the 2016 initiative, Proposition 57—particularly the opportunity for early parole—violates the text and intent of the proposition.
Edwards orders CDCR to issue new regulations offering early parole to three-strikes prisoners who were convicted of nonviolent crimes. The deadline is January 5, 2019.
“Some things still have to be figured out,” said Michael Romano, the director of the Stanford Law School Three Strikes Project. According to Romano, about 4,000 inmates qualify for early parole consideration under the Edwards ruling.
“This is a big deal because the governor is not appealing the decision,” Romano said.
“It doesn’t help everyone, but it’s moving in the right direction. We will win this thing eventually.”
Romano tells the incarcerated population to continue programming and keep themselves ready for release.
“I really do want to emphasize how important programming is,” Romano said, “For anyone going before the board, the most important thing you can do is program relentlessly and stay out of trouble.”

Mental health bomb-shell report on care inside state prisons

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The chief psychiatrist of California’s prison system is accusing state officials of misleading both a federal court and lawyers for prison inmates fighting to improve mental health care inside state prisons, according to court documents.

Dr. Michael Golding sent the 160-page report to the court-appointed federal receiver overseeing reforms inside California prisons. Golding filed the report without his superior’s knowledge.

Dr. Golding’s “lengthy, detailed report” contains “serious allegations” that data reported to the federal court overseeing the medical and mental health care of California prisons “is inaccurate and has been presented in a materially misleading way,” reports The Sacramento Bee.

For example, the Golding report refutes the state’s claim that its psychiatrists have seen patients at an on-time-rate of 96 percent in some cases, where the actual frequency is allegedly only 20 to 30 percent, according to Michael Bien, the lead attorney for the inmates.

The Golding report prevented the signing of a stipulation in which inmates’ attorneys were to agree to reduce the state’s 405 psychiatrist positions by 79 to a total of 326.

“We almost signed it,” Bien told The Bee reporter. Now, that stipulation is “off the table and a hearing is expected in coming weeks on the allegations.”

Corrections officials of the California Department of Corrections and Rehabilitation (CDCR) declined to address Golding’s accusations.

INMATE MENTAL HEALTH PROGRAMS

About one-third of CDCR inmates participate in an in-prison mental health program, according to the Legislative Analyst’s Office (LAO) report on the 2018-19 California Budget.

California expects to spend around $690 million on various inmate mental health programs in 2018-19 as required under court-approved guidelines, according to the LAO Report. The care given to one-third of the CDCR inmates (more than 40,000) in prison mental health programs is subject to the oversight of a Special Master appointed as part of the Coleman v. Brown case (In 1995, a federal court ruled in the Coleman case that CDCR was not providing constitutionally adequate mental health care.) For example, Enhanced Outpatient Program (EOP) inmates are about 6 percent of the inmate population (approximately 7,500 inmates at current occupancy levels). EOP inmates are those diagnosed with serious mental disorders but do not require inpatient treatment.

Most EOP inmates are housed by CDCR in Intermediate Care Facilities (ICF), where interaction with other inmates is substantially restricted according to the LAO report.

While San Quentin has an EOP dorm of approximately 100 inmates in its H-Unit dormitory yard with another 100 expected in early 2019, the LAO Report did not reference the conversion of these dorms.

Boatwright

Inmates win ethics bowl against college students

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The California Correctional Institution (CCI) Mental Health Department sponsored an unusual event once again on Aug. 3. Last year, this group won an ethics bowl against California State University, Bakersfield. This year they focused their talent and energy on prison reform. Rarely are prisoners asked their opinions on what might work in their rehabilitation process, but CCI asked, and the inmates responded by creating a research-based presentation to answer this question. In attendance were Warden Joe Sullivan, Health Care CEO Rhonda Litt-Stoner, Chief of Mental Health Dr. William Walsh as well as other institution staff.
The original question posed to this group of inmates was, “If you were given the position of warden and told to create an effective prison for change, what would you do?”
At first, the concept perplexed some of the inmates, as they had difficulty wrapping their heads around such a broad topic, but then they started considering why they have changed and what has helped some inmates change while others do not change. They eventually divided into several groups of three or four to address different topics. A few of the topics researched were: increasing the mental health programs to include every inmate, addressing addiction more aggressively, changing the sterile environment of our prisons, increasing funds for transition into life after prison as well as more opportunities for correctional officers to train and be a larger part of the rehabilitation program. The inmates spent six months gathering data from the library, getting input from their families as well as from the group leader, Dian Grier, LCSW. They studied foreign prison systems as well as other prison systems within the United States in order to determine what works and what doesn’t.

The presentations were well received by staff. According to Litt-Stoner, “CCI’s Mental Health Department has done it again. It never ceases to amaze me, the raw talent possessed by the inmates and the staff’s ability to draw it out through unconventional methods.  It was obvious that the gentlemen put a lot of research and hard work into their projects, all bringing a different perspective on prison reform. It will take these types of innovative approaches to continue to invoke their innate abilities and to teach them conversation techniques to use when addressing conflicts without resorting to violent means. Kudos to Dian Grier and the entire Debate Team.”
Innovative programs such as this debate team are an integral part of a pilot program at CCI that is being run through the Mental Health Department. These types of unusual groups pique the inmates’ interest and some continue to conduct research for many more years after being a part of these groups. According to Grier, the creator of these programs, when inmates are given a chance to participate in groups that interest them, the benefits are immense. The inmates learn social skills, gain confidence and learn to work with others in a meaningful way. Often issues of race and other types of judgments fall to the wayside as they learn to respect one another and communicate in a way that creates true connection to others
The speech regarding correctional officers was cited as being outstanding. One audience member, Jennifer Peters, commented that this speech, along with others presented, showed how being a part of Grier’s groups and the debate team have helped them learn valuable traits associated with prison reform, such as how to better empathize with others. Peters added, “The hard work put into these speeches was unmistakably a job well done.”
The speeches that touched on reform included ways to keep staff and inmates safer as well as how to increase communication and understanding for both inmates and correctional officers. According to Ryan Metier, author and speaker on “Correctional Officers and Inmate Reform,” his first attempt at his speech consisted of pointing out flaws rather than learning to understand and empathize with the difficult challenges correctional officers face. As he continued to work on the speech, his thinking and his view on correctional officers shifted into finding solutions and common ground—a far more effective approach than engaging in the “blame game” or looking at the problem from one perspective.
Metier states, “Through the guidance of Ms. Grier and insight from other inmates and other correctional officers, I have learned to fully listen to both sides of any issue and can set aside any judgments I may have had. This way I have learned to be truly empathic. Because don’t we all just want to be empathetic and accepted? That’s why I’m so passionate about this topic, because I’m passionate about human kindness”
Mental health group sessions currently include Debate and Speech, Drama and Creative Writing and Speaking. The plan is to continue these group sessions at CCI and continue to be innovative in the approach developed to assist inmates in their rehabilitation and help them develop a path to successful re-entry into society upon release.
By Dian Grier
Contributing Writer
PPI’s “Correctional Control: Incarceration and Supervision by State” is the first report to aggregate data on all types of correctional control nationwide.

New 50-bed mental health facility in Southern California

More inmates taking meds for mental health issues

Officers Being Rewarded For Showing Restraint

Finding Solutions for Community Tragedies

Inmate wins $1,000 scholarship toward BA degree

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One of the California Health Care Facility’s inmate trainers for the CHCF puppy program was awarded the Chung-Ahm Scholarship for the 2018 academic year.

It is unusual for an inmate to win a cash scholarship. The $1,000 scholarship will be applied toward inmate Johnson’s tuition. Since being incarcerated, Johnson has received an Associate of Arts (AA) degree in liberal arts and humanities and will claim another AA degree in social and behavior sciences this semester. The scholarship will help pay for tuition for the 2018 fall semester when Johnson will start working towards his Bachelor of Arts degree in business administration with a minor in sociology. Johnson is enrolling in the Prison College Program at Adams State University. PrisonEducation.com recommends this program as a top undergrad program for an incarcerated student.

Art Prison Program

Casey Affleck and LA Love split doubleheader

Largest private prison population

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The United States has the world’s largest private prison population, according to a study by The Sentencing Project. The study compares America’s growing private prison industry to government-run prisons and found that increased profiting from incarceration is tied to prison building, inmate population growth, and lower wages for guards, which resulted in decreased institutional safety.
According to the California Department of Corrections and Rehabilitation (CDCR), In August 2000, 4,535 inmates were listed as housed at a private Community Correctional Facility or on “private work furlough.” (Another 2,467 were housed at Community Correctional Facilities under public contract).
In August 2016, 8,629 inmates were housed in private facilities. Another 2,020 were housed under public contract.
As of Aug. 22, 2018, 6,231 inmates are housed at private prisons. Another 2,029 inmates are housed at Community Correctional Facilities under public contract.
In addition, in June, all California inmates housed at Tallahatchie County Correctional Facility (TCCF) in Mississippi were transferred from that institution, allowing CDCR to reduce its current out-of-state prison population to 2,014, a 10-year low and 58-percent reduction from August, 2016.Key findings of the study are:
One in 12 of the total U.S. prison population (128,063 people) were incarcerated in private prisons in 2016 — an increase of 47 percent since 2000. From 2000 to 2016, the number of people housed in private prisons increased five times faster than the total prison population.
Privately run immigration detentions held 26,249 people in fiscal year 2017 — a 442 percent increase since 2002. Seventy-three percent of all people in immigration detention in 2017 were held in private prisons.
The largest number of people in private prisons are held in federal prisons, 34,159 — a 120 percent increase since 2000.
Core Civic and GEO Group, the largest private prison corporations, jointly manage more than half of the private prison contracts in the United States. Their combined revenues are $3.5 billion as of 2015.
Private prison firms cut costs by employing mostly non-union and low-skilled workers at lower salaries, with fewer benefits, compared to correctional personnel at state and federal prisons. Corrections officers employed by private corporations earn up to $23,850 less on average in annual salary compared to the public sector.
Decades of research do not show that private prisons save taxpayer dollars.
The greatest numbers of private prisons are found in Florida, New Mexico, New York, North Carolina and Texas. These states also have had the highest number of riots, deaths and “allegations of improper financial influence from the for-profit prison companies,” the study shows.
To accommodate increases in arrests and detention of immigrants, Pres. Donald J. Trump’s 2018 proposed budget to Congress asked for $1.2 billion to add 15,000 more private prison beds for immigration detention. In September 2017, Immigration and Customs Enforcement (ICE) requested funds for construction of a new, GEO Group-run, 1,000-bed detention facility South Texas.
The study cites a GEO Group facility in Colorado where thousands of immigrant detainees allegedly were forced to work for $1 a day. A lawsuit against the practice claims that they were paid with “chicken, potato chips, soda or candy.”
In Washington State in 2017, the state’s Attorney General sued GEO Group for allegations that immigrant detainees were mandated to work for $1 a day. The Attorney General argued that the state’s minimum wage was $11 an hour, and that the detainees were being held under “civil charges, not criminal charges,” meaning that that minimum wage must be upheld.
Recommendations and findings:
“Due to the numerous and transparency issues associated with for-profit prisons, states and the federal government should phase out their reliance on these facilities through terminating contracts. To the extent that jurisdictions continue to contract with private prisons, they should adopt policies requiring greater transparency and openness to public inquiry. Currently, the Federal Freedom of Information Act does not apply to private prisons and therefore there is no legal remedy if a private prison refuses to disclose information about its practices.
“In contrast to public prisons, private prisons frequently contract with state governments to confine people out-of-state, with 10,500 people housed this way as of 2013. The practice negatively affects families because it limits opportunities for visitation and strains relationships, which are critical to successful reintegration after incarceration.
“The Department of Homeland Security’s bed quota for immigrant detention requires the agency to maintain no less than 34,000 beds at any given time. Because of this quota, Immigration and Customs Enforcement expanded its contracts with private prison companies to house federal immigrant detainees. It provides an incentive to maintain private prison contracts and keep immigration detention beds full.”

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San Quentin’s big transition as non-designated facility

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San Quentin State Prison’s transition from a General Population (GP) facility to a non-designated programming facility has uncovered old prejudices and uncommon collaborations.

San Quentin back in the day

The inmate response to the new housing designation is as diverse as the prison population.

Most inmates have been indifferent to the inflow of newcomers, while others have been cautious and alert.

Some prisoners transferred out of San Quentin because they did not want to deal with the unknown.

Few inmates, and administrators, could predict what was going to happen when GP inmates and Sensitive Needs Yard (SNY) inmates were united into one community.

“Some people that are here at San Quentin are old-timers, and they have a hard time changing their perspective about people,” said Anthony A., a former gang member, “I think it’s because the past is all they have.”

Most of the new arrivals are former gang members who decided to make a change in their lives’ direction; their decision is also making a difference in the prison.

Although the majority of the population remains race and gang segregated, the newcomers have formed a multicultural group of prisoners.

“What to outsiders looks like sheer depravity is understood to preserve order, and protect the group,” Prison University Project says Jody Lewen of the in the Spring 2018 Newsletter Volume 13, No.1

“Whenever someone shows up off the bus, we try to embrace them because whether people are active or drop-outs from a gang—everyone is uncomfortable when they arrive,” Michael R. said. “I want to give these guys the opportunity I didn’t have when I first came to prison.”

San Quentin offers the same opportunities and programs as before but as a non-designated programming facility, there is zero tolerance for prison politics and gang activity.

“We are creating a system where the inmate is treated as an individual”

“I decided to drop out of the gang because I didn’t want to catch a life sentence,” said Sergio C., a former Bay Area gang member. “My supposed homeboys told me I had to stab somebody and get caught with the knife. I think my life is worth more than those kinds of friends.”

Many of the new arrivals say that in order to prove their loyalty, gang members are expected to do things that could earn them extra prison time, in some cases even a life sentence.

“I thought a lot about what I wanted for myself before I decided to step away from the gang lifestyle,” Michael R. said. “When I talked to my wife and my children, I knew I couldn’t do this prison stuff anymore.”

Michael, Anthony and others are helping steer new arrivals into programs, education, and introspection.

The California Department of Corrections and Rehabilitation (CDCR) has received some criticism for its shift in housing policies that to outsiders seems arbitrary.

“According to a RAND analysis, every $1 invested in such [inmate] education generates at least $4 in economic return,” reports Fast Company.

Earlier this year, the CDCR outlined its methods to curb prison-gang influence and promote rehabilitation through the implementation of non-designated programming facilities and Restrictive Custody General Population (RCGP) yards.

“These non-designated yards are the long-needed solution to our problems,” Sergio C. said. “Before, I was too busy trying to keep up with yard politics and fighting for our fair share of state property, so I didn’t focus on preparing for release and staying out, I ended up coming back.”

In April, Scott Kernan, Secretary of the CDCR, wrote in the Secretary’s Corner that significant criminal justice reforms that provide incentives for rehabilitation have also given the department an opportunity to expect more from offenders.

“We are creating a system where the inmate is treated as an individual, and with that change we have to expect conformance to behavioral standards just like in the community,” Kernan wrote.

Most of the new arrivals at San Quentin are taking advantage of the available opportunities.

“I’ve never seen a prison like this,” said Mario, a Hispanic from southern California, who decided to stay. “I was planning to leave because of what my homies might think, but then I thought I better get my life in order instead of worrying about what others think.”

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