There is currently a movement going on in California that demands attention – it is their definition of torture inside their Pelican Bay Security Housing Units or SHUs that is being painted with a broad paint brush as a chamber of torture and unconstitutional detainment of convicted felons housed there for the specific reasons such units are designed for in the first place. The paint job, alleging reflections of Abu Ghraib in their picture is inaccurate and should be clarified by definition to avoid violations of the constitution and its relevant amendments contained therein. Comparing the conditions of the SHU with those of resembling “human torture” designed methods is inaccurate and flawed in design. There are clear objectives to this concept – they are:
1. removal of a violent or disruptive offender from the general population to avoid violence, disruptions or rule and law, extortion, coercive conduct and predatory or gang like behaviors that focus on the introduction of weapons, drugs and other illegal contraband
2. the housing of death row prisoners who must be segregated from the general population
3. the housing of validated gang leaders / members who conducted gang activity to recruit, engage or commit gang type violations that include homicides, serious assaults, extortion and coercion of membership and associated activities.
It is not to impair the prisoner’s senses or perception – it is a legalized method to constrain and isolate behavior that is detrimental to sound security operations and creating chaos or disruptive conducts of the masses. Removal or isolation will allow a rehabilitation process to begin within the individual’s own ability to condition or reform his negative behaviors into positive compliant behaviors that would allow him to return to the general population once his actions, disciplinary conduct and motives have been stabilized and evaluated. The length of time of such a conditioning depends on the individual’s responsibility and willingness to accept and acknowledge the purpose of such confinement and work to remove the hostility, the nonconformity and the defiance into a responsible conduct demonstrated prior to his release from this confinement period. Inmate is evaluated daily and all conduct is documented and reviewed for housing, custody and treatment assignments.
Note - Solitary Confinement should not be used for those prisoners who have a mental health disability or illness that impairs their ability to understand the concept of the placement and will in fact be unable to meet program or behavioral needs in such a placement. Alternatives should be found for such individuals to allow treatment, medication and supervisory obligations to be continued for compliance of such treatment guidelines.
The assertion that deprivation is cannibalistic is based on the fact that most deprivation inside a SHU setting is triggered by the very same conduct that put them there to begin with. SHU environment is set up to provide incentives to receive those privileges designed for such placement and is entirely based on one’s own spirit to comply with the rules or not to comply. Their weakness are individually tested to either conform or to resist. Resistance or noncompliance results in the forfeiture of incentives, privileges and other things not identified as constitutional rights or mandatory living conditions. The only ones who continue to deprive themselves of those programs and incentives available are those who resist change at any cost.
The matter becomes a test of wills and how long such a person can endure such self-imposed punishment to deprive him of what the others may be receiving for compliance with the rules.
Indeterminate SHU sentencing has forced individuals to choose between discontinuity and becoming inflicted with a cannibalistic nature upon themselves. This is the very essence or purpose of the SHU placement where the prisoner has to make better choices and decide whether to comply or to resist. Continued resistance will result in a breakdown for the weak but again this reaction to his own actions to refuse to comply are offensive mechanism delivered and impacted by himself.
Note – SHU Sentencing should be reviewed to allow more timely reviews and determinations of the prisoner’s documented progress, disciplinary record and a review by a mental health professional to provide insight on his ability to continue placement and psychological impact at the time of the review determining alternative mental health treatment or otherwise recommended. This is a multi-disciplinary function by security – medical – programs –mental health
In order to distinguish the difference between a constitutional right and an institutional privilege this list is designed to list all as imposed and self-imposed “torture” the following is submitted:
Types of torture (when not listed as a torture it may fall under abuse or neglect)
Medical: health care should not be neglected - neglect turns into abuse not torture unless the abuse is directly impacting the individual’s health and coping mechanism for pain or other health reasons – Medical care is a right -
a. Disposition can either be both, imposed or self-imposed based on the individual’s behavior in this matter. Chronic complaining of frequent illnesses, asking for specific medication, arguing and refusing treatment or medication can be listed as self-imposed but needs further intervention to assure the proper services or treatment are delivered – a medical grievance serves this purpose and should be recognized as a tool for resolution by the administration.
b. The delivery or method of medical services available become restricted compared to a general population and is thereby self-imposed by the prisoner for his placement in a SHU unit rather than being in the general population.
c. The requirement to deliver essential services should not be impaired and is often the subject of neglect and abuse but not torture unless it is deliberately done to inflict unnecessary pain or discomfort to the prisoner.
Solitary confinement: Long-term isolation 10-40 years for non-disciplinary infractions – Solitary confinement is a management tool and not protected by constitutional rights -
d. SHU placements should be reviewed in a timely fashion to allow significant factors in conduct to trigger a change or alternative to housing needs or custody changes. Other tools are available to manage reduction in custody alternatives with evidence based programs to evaluate progress and eligibility for such reductions.
e. The exception to this rule would be death row and those validated gang members who after abstaining any or all gang activities for a period of 4 years of longer can apply for a step down program to reduce their custody levels down one level and back into a general population setting.
Mail: Prisoners’ mail is being used to create physical and psychological torment when it is being denied and withheld – correspondence is a right and is protected by the constitution -
f. Mail can be abused by noncompliance with corresponding policies and sanctions imposed for committing those specific infractions of the rules thus self-imposed in nature and not sanctioned by the administration. Monitoring of abuse should occur.
g. The deliberate withholding of mail is unacceptable and violates institutional policies thus through either punitive measures or neglect this right can be subject to abuse not torture – timeframes must be met to avoid outside postal inspections for compliance.
Food: Intentionally disproportional servings, poorly prepared and contaminated deliberately – food is a right -
h. Servings are designed and approved by licensed dieticians with pre-determined caloric and nutritional value for such sedentary placement inside a SHU – food can be delivered in three methods – hot tray – cold sack lunch or “food loaf.” The methods delivered depend on the meal schedule, the behavior of the prisoner and the menu of the day. – “food loaves” can be distributed to those who throw their food at staff or other persons while refusing to comply with institutional orders. An intentional disproportional serving is neglect by staff to follow policies that require random food inspections for quality and quantity. Therefore the delivery of the manner of food and quantity of food is self-imposed by the assignment to a SHU unit rather than general population but nonetheless a requirement for the administration to follow and adhere to as written.
Visiting: No human contact: No family, friend or real meaningful social interaction with other human beings, sensory deprivation that deprives prisoners of their five senses: feeling, sight, smell, hearing and taste – visiting is a privilege not a right -
i. The ability to have social interaction with family friends and other contact is solely based on two factors – the first factor is the placement of a prisoner in the SHU unit and reasons for admittance. The second factor is the prisoner’s ability to conform or to follow institutional policies to earn the privilege of having visitations as scheduled within the SHU unit. Therefore, this condition was self-imposed.
Cell searches : Trashing prisoners’ cells to intimidate and harass them, leaving the cells in disarray while taking political writings, pictures, manuscripts, books, pamphlets, magazines etc., - this is abuse and not a right - should be addressed through the grievance procedures – supervisory presence is recommended during searches.
j. Cell searches are important tools of sound security programs and are required to ensure the safety and orderly operation of any prison facility. The trashing of personal property, taking reading and writing materials fall under a confiscation policy where a record is kept what it confiscated and the reason for such confiscation to justify the action taken –
k. The 4th amendment is not in violation as it does not apply to convicted prisoners already in the prison system where searches are constant and a required means to keep the environment safe at all times.
Climate: Prisoners deliberately kept in freezing cold cells or hot cells is not torture but rather the neglect of the facility to maintain an orderly heating and ventilation system as designed. This matter swings both ways as prisoners notoriously cover vents and alter designed covers to reduce air flow upsetting the system’s design. This requires frequent cell inspections and removal of materials from the duct covers to allow units to function properly. Whether self-imposed or neglect, better preventive maintenance to avoid extreme conditions to exist – this is not torture but does fall under neglect – it is merely the lack of attention to the physical plants needs of that facility or preventive maintenance concerns.
Pottie watch or defecation watch: this is an essential function of security when the prisoner is suspected of bringing in contraband and has swallowed it or digested it to retrieve at his next bowel movement – this is not torture but when done inappropriately could constitute abuse for there should be written guidelines for such a procedure and documented as such on a watch log. This is created when the prisoner behaves as if under the influence or known to smuggle drugs into the facility through this method and prior documentation of such conduct.
Grievance: The appeal process is deliberately set up at every level – 1, 2 and 3 – to not afford the prisoner any relief regardless of whether prison officials are dead wrong, clearly establishing there’s no accountability for what officials do to prisoners. This is clearly not torture but rather the administration neglecting to follow their own policies to ensure due process is intact and proper reviews, time frames and actions are documented and corrected per written policies related to the grievance. Secondary reasons are chronic or frequent abusers of the grievance system by prisoners who write grievances for the purpose of writing and not establishing valid or notable concerns to them personally but representing others.
