Monday, July 15, 2013

Hunger Strike, Day 8: CDCR Defines Strike "a Disturbance"

The hunger strike in Pelican Bay, Corcoran, and other facilities continues. This series from TruthOut provides some insight into the strike and their links are fascinating reads.

Meanwhile, CDCR has released information on the strike, referred to as a "disturbance":

As of [July 12 - H.A.], 12,421 inmates in 24 state prisons and four out-of-state contract facilities have missed nine consecutive meals since Monday, July 8, 2013. An inmate is considered to be on a hunger strike after he has missed nine consecutive meals.

CDCR is not identifying how many inmates are or are not participating in specific prisons. The mass hunger strike is organized by prison gangs and publicizing participation levels at specific prisons could put inmates who are not participating in extreme danger.

In addition, 1,336 inmates have refused to participate in their work assignments or attend educational classes.

Participation in a mass disturbance and refusing to participate in a work assignment are violations of state law, and any participating inmates will receive disciplinary action in accordance with the California Code of Regulations, Title 15, Section 3323(h)(A) and Section 3323(f)(7).

While, as Caitlin Henry pointed out yesterday, CDCR is wrongly citing their own code, they seem to be threatening these consequences:

3323. Disciplinary Credit Forfeiture Schedule.
(a) Upon a finding of guilt of a serious rule violation, a credit forfeiture against any determinate term of imprisonment or any minimum eligible parole date for an inmate sentenced to an indeterminate sentence, as defined in section 3000 Indeterminate Sentence Law (ISL), shall be assessed within the ranges specified in (b) through (h) below:
(h) Division “F” offenses; credit forfeiture of 0-30 days.
(9) Work related offenses:
(A) Refusal to work or perform assigned duties;
(B) Continued failure to perform assigned work or participate in a work/training program.
(f) Division “D” offenses; credit forfeiture of 61-90 days.
(7) Willfully resisting, delaying, or obstructing any peace officer in the performance of duty.
3315. Serious Rule Violations.
(a) Inmate misconduct reported on a CDC Form 115 shall be classified serious if:
(2) It involves any one or more of the following circumstances:
(3) Serious rule violations include but are not limited to:
(L) Participation in a strike or work stoppage.

In addition, a serious 115 rules violation report may have impact on an inmate's parole, clemency, medical parole, or resentencing under Prop 36, as well as any other process that takes into account an inmate's disciplinary history.

Props to Caitlin Henry for the CDCR links and explanations.


Anonymous said...

I have a brother that is in Pelican bay & is participating in the hunger strike but since
june 30, 2013. I spoke to him on july 9th & he sounded very weak & dishorientated. He is not doing this by choice. Inside a prison you have to obey orders from the so called "shot callers" if you refuse to comply then you will be" dealt with" which means a severe punishment or even death. So you see, most prisoners dont have a choice they have to follow orders in order to stay alive in there. Its sad because then they still have the other issue of being repremanded by the officials in there as well, so eigther way their screwed. I pray that this strike is over soon. I cant sleep,thinking of the ordeal my brother might be going thru.

Anonymous said...

Punishment for refusal to perform work sounds like slavery to me. Unfortunately, prison is the exception to the abolition of slavery under the 13th Amendment. If the ruling class funds CIA covert operations by putting drugs on the streets of poor neighborhoods and outlaws those same drugs, they can simultaneously re-enslave minorities and undermine democratically elected governments around the world. Bravo to those taking a stand wherever they can.

Unknown said...

my boyfriend who is at DVI in Tracy participtated. They took all his property. On top of that they gave him 5 citations meaning adding more time to his sentance, highering his level, keeping him from transfering prison, and keeping him in ad/ seg longer. I hate how they can get away with this

Unknown said...

its only that bad if you have a big mouth if you lay low and keep to yourself you can do your time peacefully.