Special Review – Female Inmates Serving Security Housing Unit Terms in Cdcr

Special Review: Female Inmates Serving Security Housing Unit Terms in the California Department of Corrections and Rehabilitation OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA December 2013 Special Review: Female Inmates Serving Security Housing Unit Terms in the California Department of Corrections and Rehabilitation Robert A. Barton Inspector General Roy W. Wesley Chief Deputy Inspector General James C. Spurling Chief Counsel Shaun R. Spillane Public Information Officer 10111 Old Placerville Road, Suite 110 Sacramento, CA 95827 Telephone: 916-255-1102 Facsimile: 916-255-1403 December 2013 TABLE OF CONTENTS INTRODUCTION................................................................................................................................... 1 Objectives, Scope, and Methodology ................................................................................................... 1 Summary of Findings ........................................................................................................................... 2 OVERVIEW OF SECURITY HOUSING UNITS............................................................................... 3 Background .......................................................................................................................................... 3 Security Housing Units ........................................................................................................................ 3 CONDITIONS OF SHU CONFINEMENT FOR FEMALE INMATES .......................................... 5 SHU Housing ....................................................................................................................................... 5 Outside Recreation/Exercise Yards ..................................................................................................... 6 Programs and Privileges of Female SHU Inmates ............................................................................. 7 DETAILS OF SHU TERMS IMPOSED ON FEMALE INMATES ............................................... 10 Female SHU Population and Housing.............................................................................................. 10 SHU Terms Imposed .......................................................................................................................... 11 FINDINGS AND RECOMMENDATIONS ....................................................................................... 15 APPENDICES ....................................................................................................................................... 18 INTRODUCTION From July 8, 2013, to September 5, 2013, inmates in the California Department of Corrections and Rehabilitation’s (CDCR or department) security housing units (SHUs) staged a hunger strike to protest, among other issues, California’s use of solitary confinement. As part of the monitoring duties of the Office of the Inspector General (OIG), the agency dispatched inspectors and attorneys to the institutions to ensure that CDCR staff were following policies and procedures, and to monitor conditions of confinement, medical and mental health checks, and the medical and dietary procedures for food consumption. The hunger strike ended on September 5, 2013. With the end of the hunger strike, the Chairpersons of both the Assembly and Senate Committees on Public Safety convened a joint public hearing on October 9, 2013, on issues relating to segregated housing in California’s prisons. At the joint legislative hearing, the Inspector General gave testimony on the current policies and procedures and conditions within CDCR’s security housing units. As a direct result of testimony at the aforementioned joint legislative hearing, on October 31, 2013, the Senate Committee on Rules requested the Office of the Inspector General further examine the conditions specifically related to female inmates serving security housing unit terms. OBJECTIVES, SCOPE, AND METHODOLOGY This review and assessment evaluates the terms and conditions of confinement for the 160 inmates who were serving SHU terms between October 9, 2013 (the date of the legislative hearing), and October 31, 2013 (the date of the Senate’s request for review), in the California Institution for Women (CIW) security housing unit and the CIW psychiatric services unit (PSU), and also the administrative segregation unit (ASU) at the Central California Women’s Facility (CCWF).1 This report includes an overview of female security housing units; an overall assessment of the conditions of confinement for female inmates serving SHU terms, including, housing, programs, and privileges; and a review and assessment of the disciplinary actions and SHU terms imposed. During this review, the OIG conducted site inspections of the CIW security housing unit and psychiatric services unit, including the cells, recreational exercise yards, visiting areas, clinic space, and law libraries; and the CCWF administrative segregation unit, including the cells, recreational exercise yards, visiting areas, and law libraries. OIG staff interviewed staff and inmates at both prisons. OIG staff reviewed applicable laws and case law, and departmental rules and regulations. Finally, the OIG reviewed the central files for 160 inmates, including the disciplinary rules violation reports (RVRs), ASU placement orders, SHU term assessment forms, committee actions, appeals, and segregation logs. 1 Because there is only one security housing unit for female inmates (located at CIW), female inmates are routinely retained in the administrative segregation unit at the Central California Women’s Facility to serve their SHU terms. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 1 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SUMMARY OF FINDINGS The Office of the Inspector General made nine findings and recommendations during this review (see pages 16 to18 for a detailed list). The most significant issues are the absence of sensitive needs yards2 for the department’s female population, and the limited options for housing female inmates who refuse to accept their assigned housing due to enemy or safety concerns. The OIG’s review found that 52 of the 160 inmates were serving SHU terms for the charges of Refusal to Accept Assigned Housing or Enemy/Safety Concerns, both nonviolent offenses. Eighteen of these inmates have served SHU terms in excess of one year. Subsequently, many suffer negative consequences as a result of this housing when considered for parole. By addressing this issue, the department could potentially reduce the female SHU population by one-third. Because there is only one security housing unit (with a limited number of beds) for female inmates, many female inmates serve their entire SHU term in the administrative segregation unit at CCWF, where they are not afforded some of the programs and privileges entitled to SHU inmates. — ROBERT A. BARTON, INSPECTOR GENERAL 2 “Sensitive needs yards” are sections of several male institutions designated primarily to safely house inmates who are victims of assault, are gang dropouts, or have significant enemy or other safety concerns. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 2 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA OVERVIEW OF SECURITY HOUSING UNITS BACKGROUND The department houses the majority of its female offender population in two institutions, the Central California Women’s Facility and the California Institution for Women. To a smaller degree, the department also houses female offenders at the Folsom Women’s Facility (fewer than 350 inmates) and in fire camps and specialized female offender programs (fewer than 100 inmates). When inmates engage in violent or dangerous behavior, staff members are obligated to remove them from the general population to protect the safety of the prison. Behavior such as rioting, assaults, and gang participation can cause an inmate to be sent to the administrative segregation unit while staff members evaluate the nature and level of threat the inmate presents to the prison. Also, some inmates who become victimized by other inmates and need protection are placed in the administrative segregation unit until the staff can find appropriate housing for them. In the case of some female inmates, no such housing exists except for a SHU placement. Inmates placed in ASUs are entitled to due process rights. Because administrative segregation unit inmates lose more of their freedoms than inmates in the general population, prison officials must provide them with due process protections to ensure they receive a fair hearing to dispute their ASU placement. Therefore, the department has established comprehensive policies and procedures designed to protect inmates’ due process rights and ensure the consistent and appropriate use of ASUs statewide. SECURITY HOUSING UNITS Security housing units are designed as long-term housing for inmates whose conduct demonstrates they are a threat to the safety and security of general population facilities. Of the two institutions in this review, only the California Institution for Women has a security housing unit. As a result, overflow female inmates are retained in administrative segregation to serve a security housing unit term at the Central California Women’s Facility. Inmates may also be put in administrative segregation pending the outcome of a disciplinary proceeding that could result in a security housing unit term and may be retained in administrative segregation if, when the decision is rendered, the time remaining on the security housing unit term is too short to justify a transfer to another prison. Inmates also may be placed in administrative segregation pending an investigation into misconduct by others, or for protection because of a drug debt, gang rivalry, or the presence of an enemy at the institution. For the most part, movement and privileges of SHU inmates mirror that of ASU inmates, the exception being that inmates endorsed for SHU terms are entitled to some additional property, and SHU inmates at various stages of the department’s security threat group step down program SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 3 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA are allowed additional privileges. Out of 160 cases reviewed for female inmates, only one was housed due to gang criteria. There are two types of SHU placements: indeterminate terms, which have no expiration date and require staff review every 180 days, and determinate terms, which are directly associated with a specific disciplinary offense and are for a specific length of time. The OIG found that 35 of the 160 inmates reviewed were serving indeterminate SHU terms. Segregated housing also includes psychiatric services units, which provide secure housing and care for inmates requiring housing equivalent to SHU housing, but who have diagnosed psychiatric disorders requiring an Enhanced Outpatient Program (EOP)3 level of mental health care. Inmates in these units have services provided to them by the mental health staff of CDCR. The psychiatric services unit for female inmates has 20 beds and is located at CIW. As stated earlier, the female SHU is located at the California Institution for Women in Corona. On October 9, 2013 (the date of the legislative hearing), CDCR had a total in-state, in-custody inmate population of 125,363 (119,412 males and 5,951 females). There were approximately 4,054 male inmates serving SHU terms (3.4 percent of the male population) and 160 female inmates serving SHU terms (2.7 percent of the female population). 3 EOP inmates, while mentally disordered, would benefit from the structure of a therapeutic environment that is less restrictive than inpatient settings. This may include response to crisis symptoms that require extensive treatment, but that can be managed as outpatient therapy with several psychotherapy sessions or medication adjustment with follow-up visits. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 4 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA CONDITIONS OF SHU CONFINEMENT FOR FEMALE INMATES The Office of the Inspector General staff conducted site inspections of the CIW security housing unit and psychiatric services unit, including the cells, recreational exercise yards, visiting areas, clinic space, and law libraries. Site inspections were also conducted at the CCWF administrative segregation unit, including the cells, recreational exercise yards, visiting areas, clinic space, and law libraries. The OIG interviewed staff and inmates, and reviewed applicable laws and case law, and departmental rules and regulations. Finally, OIG staff reviewed the central files for 160 inmates, including the disciplinary rules violation reports, committee actions, and confinement logs. SHU HOUSING CIW and CCWF both house their SHU inmates in buildings with the same design (two-tiered, 270-degree4 design buildings). CIW’s consists of 60 SHU beds (30 cells), 30 ASU beds (15 cells), and 10 ASU/EOP beds (5 cells). CCWF’s consists of 90 ASU beds (45 cells), and 10 EOP beds (5 cells). The cells are identical. They are approximately 66 square feet and contain two metal beds (an upper bunk and a lower bunk), a metal desk and stool, shelving for property, and a metal one-piece toilet and sink combination unit. The SHU/ASU cells are well lit, with a solid metal door containing one narrow window in the door and one narrow window facing the outside on the opposite side of the cell. 270-Degree Design Cell CIW also houses the psychiatric services unit, which consists of 20 EOP beds (20 cells). The PSU cells are 73 square feet and contain one bed with built-in property storage, a metal desk, and a one-piece metal toilet and sink combination unit. The PSU cells are well lit, with a solid metal door containing two narrow windows and a three-slotted window facing the outside on the opposite side of the cell. PSU Cell View from Inside a PSU Cell 4 A “270-degree” design refers to the configuration of the cellblocks (housing units), which allows a 270-degree field of view for control booth staff. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 5 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA OUTSIDE RECREATION/EXERCISE YARDS Security housing unit inmates are entitled to ten hours of recreation time outside the cell each week, compared to general population inmates who can spend many hours outside the cell each day. Inmates who have a cellmate can go to the exercise yard together. Single-celled inmates go to the exercise yard by themselves. CIW SHU Exercise Yard. The OIG’s review found that at CIW, inmates housed in the SHU are regulary offered the opportunity to go outside to the exercise yard, but many decline and stay in their CIW “Walk-Alone” Yard CIW “Walk-Alone” Yards cells. The exercise yards at CIW consist of six connected “walk-alone” yards that each measure approximately 150 square feet. They each have a toilet and sink combination unit with a water fountain.There are also two large exercise yards SHU inmates can use when available. CIW PSU Exercise Yards. Staff in CIW’s PSU (housing the SHU inmates needing the EOP level of mental health services) make an effort to encourage the PSU inmates to go out to the exercise yard, and OIG inspectors noted that PSU inmates are consistently offered at least ten hours of yard time per week. The PSU exercise area consists of four connected “walk-alone” yards that each measure approximately 180 square feet. They each have a toilet and sink combination unit with a water fountain. The OIG inspectors observed the PSU inmates participating in yard time, conversing with each other and CIW PSU “Walk-Alone” Yard the yard officer. CCWF Exercise Yards. At CCWF, while staff interviewed stated that yard time is consistently offered to the SHU inmates, the OIG’s site visit found little documentation that exercise yard time was offered, and during our site visit, no SHU inmates were on the exercise yards. In addition, department staff stated that the individual small management yards cannot all CCWF “Walk-Alone” Yard CCWF ASU Small Management Yard SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 6 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA be observed at once, and there are not enough allocated yard officers to consistently provide the SHU inmates with at least ten hours of yard time per week. This is aggravated by the fact that the SHU inmates are housed in the same building as ASU inmates, ASU EOP inmates, and the condemned population, but cannot, for safety reasons, go to yard together; therefore, it appears that the limited exercise yard space may be too small to offer the required ten hours per week of outside exercise time to the entire segregated population. In addition, unlike the male SHU institutions, there is no exercise equipment (such as handballs, pull-up bars, or dip/push-up bars) in any of the exercise yards designated for female SHU inmates. PROGRAMS AND PRIVILEGES OF FEMALE SHU INMATES The California Code of Regulations (CCR), Title 15, Section 3343 (Conditions of Segregated Housing), provides for the following programs and privileges for inmates in segregated housing, including SHUs: Visits. Security Housing Unit inmates are prohibited from physical contact with visitors. Otherwise, visiting occurs under the same conditions as general population inmates (Saturdays and Sundays with approved visitors for one hour each). The OIG inspectors found that visiting for SHU inmates does occur as required. Meals. Inmates assigned to administrative segregation, including SHU housing, are fed the same meals as are provided to inmates in the general population (a hot breakfast, a sack lunch, and a hot dinner, served in their cells). The OIG inspectors found that meal service for SHU inmates does occur as required. Mail. Inmates assigned to administrative segregation, including SHU housing, are not restricted in their sending and receiving of personal mail, except that incoming packages may be limited in number and in content to the property permitted in the ASU and SHU (see Appendix A for the Property Matrix). The OIG inspectors found that mail processing for SHU inmates does occur as required. Reading Material. Inmates assigned to administrative segregation, including SHU housing, are permitted to obtain and possess the same publications, books, magazines, and newspapers as are inmates of the general population, except that the quantity is limited for safety and security reasons (ten books at a time). OIG inspectors note that recreational reading material is provided to SHU inmates in the form of a cart of books being delivered to the unit where inmates can request various titles to check out and return. Telephones. Telephone calls are generally not allowed for ASU or SHU inmates, except for emergencies; however, individual calls may be approved by the supervisor in charge or the administrator of the unit. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 7 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA Personal Cleanliness. Inmates assigned to segregated housing are provided the means to keep themselves clean and well groomed. Showering and shaving is permitted at least three times a week, and the OIG inspectors found that showers were consistently offered as required. Clothing, bedding, linen, and other laundry items are issued and exchanged no less often than is provided for general population inmates. The OIG inspectors found that both institutions consistently adhere to the personal cleanliness regulations. Clothing laundry exchange occurs every other week, linens are laundered at least every two weeks, and blankets are exchanged at least every six months. Institution Programs and Services. Inmates assigned to segregated housing units are permitted to participate in and have access to such programs and services as can be reasonably provided within the unit without endangering security or safety. Such programs and services will include, but not be limited to, education, commissary (canteen), library services, social services, counseling, religious guidance, and recreation. Academic programs are offered at CIW but not at CCWF. Inmates in the CIW SHU and PSU are offered academic programs, including literacy, GED preparation, and college courses. CCWF does not offer any academic programs to ASU or SHU inmates. Religious services are offered but self-help programs are not. Both CIW and CCWF offer religious services to their SHU inmates. At the request of individual inmates and on a rotational basis, a chaplain will visit the housing units. Self-help programs such as Alcoholics Anonymous or Narcotics Anonymous are not offered at either CIW or CCWF. There are no pre-release services offered. Neither prison provides pre-release services to inmates who will be released directly from a security housing unit to assist their transition from long-term segregation back into the community. Female inmates serving SHU terms are not receiving the expanded property allowance. After the July 2011 inmate hunger strike, the department expanded the list of property items allowed in security housing units. This included nominal items such as additional soap, a plastic bowl, a plastic tumbler, and an additional electric device, such as a typewriter. Inmate Law Library. California Code of Regulations, Title 15, Section 3122, states that each prison shall offer legal materials through its law library to provide inmates with meaningful access to the courts. The OIG’s review found that both CIW and CCWF are meeting this mandate. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 8 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA Attorney Visitations and Consultation. California Code of Regulations, Title 15, Section 3178, states that a private consultation between an inmate and his or her attorney or attorney representative, known as an attorney visit, shall be conducted in a confidential area specified by the institution. Attorney visiting shall normally be accommodated during the institution’s regularly scheduled visiting days and hours. The institution head or the official in charge of visiting has the discretion to authorize a contact attorney visit for an inmate on non-contact visiting status. If an attorney or attorney representative does not desire private accommodations, the attorney or attorney representative may visit the inmate on any scheduled visiting day and shall be provided the same accommodations, including the schedule, as a regular visitor. Our review found that at CIW, because SHU inmates are not allowed contact visits, attorney visits were sometimes conducted in the regular non-contact visiting booths, which are not conducive to private or confidential conversations, due to the the close proximity of other inmates on one side of the glass and other visitors side-by-side with the attorney on the other side of the glass. CIW Non-Contact Visiting CIW Non-Contact Visiting Attorney and Visitor Area Inmate Cells Adminstrative Segregation Unit, SHU, and PSU Welfare Checks. The department has had a long standing policy related to 30-minute welfare checks for inmates in segregated housing, the purpose of which is to limit the opportunity an inmate has to commit acts of self-harm. The welfare checks are conducted by custody officers at staggered intervals, three times per hour, not to exceed 30 minutes, for at least the first 21 days of segregated housing. Clinical staff may request that the welfare checks extend beyond the first 21 days, when clinically indicated. Mental health staff (psychiatric technicians and senior psychiatric technicians) make their rounds at least once per day, talking with the inmates at their cell-front or moving them to isolation cells for one-on-one counseling.5 The OIG review found that, pursuant to policy, the custody and mental health checks are occuring at both CIW and CCWF. In 2013, there were no suicides in female administrative segregation units or the female security housing unit.6 5 The inmates in the psychiatric services unit are designated as needing a higher level of mental health care (EOP), and each inmate receives an individual treatment plan, including, among other treatment services, monthly psychiatric evaluations, weekly psychotherapy, and regular structured therapeutic activities. 6 There was one female inmate suicide in 2013, and it occurred in a general population housing unit. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 9 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA DETAILS OF SHU TERMS IMPOSED ON FEMALE INMATES This review encompassed all female inmates who were serving active SHU terms at any point between October 9, 2013 (the date of the legislative hearing), and October 31, 2013 (the date of the Senate’s request for review). During this time frame, 160 inmates were serving SHU terms. Of those, 86 were housed in the security housing unit at CIW, 20 were housed in the psychiatric services unit at CIW, and 54 were housed in the administrative segregation unit at CCWF.7 FEMALE SHU POPULATION AND HOUSING The female SHU population ranged in age from 20 to 62, with an average age of 34. The majority of the inmates (84 percent) were participants in CDCR’s Mental Health Services Delivery System (MHSDS), with 112 inmates at the Correctional Clinical Case Management System (CCCMS)8 level and 22 at the Enhanced Outpatient Program (EOP) level of care. CDCR policy requires ASU or SHU inmates to be single-celled (pending administrative review and approval) if they have been predatory towards a cell partner, have a history of in-cell sexual abuse, have been assaultive towards a cell partner, have been the victim of in-cell physical or sexual abuse, demonstrate any significant in-cell violence against a cell partner, or have a history of propensity for victimization. During the time frame of our review, half of the inmates serving SHU terms had a cellmate.9 October 9, 2013,10 Housing Status Double-Celled (2 inmates sharing 1 cell) 80 Single-Celled SHU/ASU 56 Single-Celled PSU 20 Out-to-Court 3 Out-to-Medical 1 Total 160 7 Some of the inmates housed at CCWF at the time of this review have subsequently transferred to CIW to complete their SHU terms. 8 CCCMS inmates, while mentally disordered, can function in the general population and do not require a clinically structured, therapeutic environment. 9 The 20 PSU inmates (inmates serving SHU terms who require the EOP level of mental health care) are single-celled. 10 October 9, 2013, is the date of the legislative hearing on the security housing unit hunger strike. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 10 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SHU TERMS IMPOSED Length of SHU Terms As of October 31, 2013, 73 of the 160 inmates (almost 46 percent) had been housed in the SHU for more than one year. Eighteen of the 160 inmates had been housed in the SHU for over 1,000 days, with the longest term served being 2,051 days. The average number of days served between these 160 inmates was 460.6.11 Number of female inmates serving SHU terms by amount of time served and SHUable Offense offense 5 years 4 years 3 years 2 years 1 year <1 year Total Battery/assault on a non- 6 15 15 20 56 inmate Battery/assault on an 1 1 11 19 32 inmate Possession of a weapon 1 3 8 12 Threats to a non-inmate 1 2 3 *Refusal to accept assigned 1 1 1 7 25 35 housing *Enemy/safety concerns 1 1 5 1 9 17 Drug offenses 4 4 Gang validation 112 1 TOTAL 1 2 10 23 37 87 160 *This population makes up nearly 33 percent of the female SHU population, and is the subject of Finding 2 (page 15). Of the 73 inmates who have been housed in the security housing unit for more than a year, 18 are serving terms for the controlling charge of Refusal to Accept Assigned Housing or Enemy/Safety Concerns. Of those 18, 10 are serving multiple SHU terms for charges ranging in severity from Refusal to Accept Assigned Housing to Battery/Assault on a Non-Inmate with a Weapon, while 8 have no other SHUable offenses. Indeterminate and Determinate SHU Terms Of the 160 inmates serving SHU terms, 125 were serving determinate13 terms and 35 were serving indeterminate14 terms. The determinate SHU terms ranged in duration from 1 month to 48 months, with the most commonly imposed SHU term being 18 months. Nearly half of the inmates serving determinate SHU terms were consecutively or concurrently serving two or more terms.15 Between October 9, 2013 (the date of the Joint Legislative Committee hearing) and October 31, 2013, 29 inmates had their SHU terms suspended.16 11 The range of time served between these 160 inmates was 30 days to 2,051 days. 12 This inmate has been out-to-court since July 2012. Once she is returned to CDCR custody, her current gang validation and SHU status will be reviewed by CDCR’s Departmental Review Board. 13 Determinate SHU terms are for a fixed period of time with an assigned minimum eligible release ate (MERD). 14 Indeterminate SHU terms are for an indeterminate period of time and must be reviewed by a classification committee at least every 180 days for consideration of release to the general population. 15 Of the 125 inmates serving determinate SHU terms, 63 were serving 1 term, 30 were serving 2 terms, 14 were serving 3 terms, 7 were serving 4 terms, and 11 were serving 5 or more terms. 16 It is not uncommon for SHU terms to be suspended at the pre-MERD committee hearing (one month prior to the MERD), the 180-day review hearing, the annual committee hearing, or at a special committee hearing. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 11 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA Determinate SHU Terms Number of inmates serving Determinate SHUable Offense SHU terms for this offense Enemy/safety concerns 1 Battery/assault on a non-inmate 50 Battery/assault on an inmate 26 Possession of a weapon 9 Refusal to accept assigned housing 33 Drug offenses 4 Threats to a non-inmate 2 Total number of inmates serving Determinate SHU terms 125 Indeterminate SHU Terms Number of inmates serving SHUable Offense Indeterminate SHU terms for this offense Enemy/safety concerns 16 Battery/assault on a non-inmate 6 Battery/assault on an inmate 6 Possession of a weapon 3 Refusal to accept assigned housing 2 Threats to a non-inmate 1 Gang validation17 1 Total number of inmates serving Indeterminate SHU terms 35 SHU Terms Imposed for Violent and Nonviolent Offenses Of the 160 inmates serving SHU terms, 103 were serving SHU terms for violent offenses and 57 were serving SHU terms for nonviolent offenses. Number of female inmates serving SHU SHUable Offense - Violent terms for this offense Battery/assault on a non-inmate 56 Battery/assault on an inmate 32 Possession of a weapon 12 Threats to a non-inmate 3 Total number of inmates serving SHU terms for violent offenses 103 Number of female inmates serving SHU SHUable Offense - Nonviolent terms for this offense Refusal to accept assigned housing 35 Enemy/safety concerns 17 Drug offenses 4 Gang validation 1 Total number of inmates serving SHU terms for nonviolent offenses 57 17 This inmate has been out-to-court since July 2012. Once she is returned to CDCR custody, her current gang validation and SHU status will be reviewed by CDCR’s Departmental Review Board. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 12 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SHU Terms Imposed on Inmates Serving Life Sentences Of the 160 inmates serving SHU terms, 41 were inmates serving life-term sentences (37 inmates serving life terms with the possibility of parole and 4 inmates serving life terms without the possibility of parole). Of these 41 life-term inmates, 14 were serving SHU terms for Refusal to Accept Assigned Housing or Enemy/Safety Concerns. Number of female life-term inmates SHUable offense serving SHU terms for this offense 13 Battery/assault on a non-inmate 8 Enemy/safety concerns* 7 Battery/assault on an inmate 6 Refusal to accept assigned housing* 4 Drug offenses 2 Possession of a weapon 1 Threats to a non-inmate 41 Total number of life term inmates serving SHU terms *See Finding 2 on Page 15. When life-term inmates go before the Board of Parole Hearings for parole consideration, their disciplinary behavior is reviewed in depth. While a rules violation report for Refusal to Accept Assigned Housing or Enemy/Safety Concerns itself is not necessarily grounds for denial of parole suitability, disciplinary actions of any kind are not viewed favorably by the Board of Parole Hearings. Aggravated or Mitigated SHU Terms Of the 125 inmates serving determinate SHU terms, 102 had aggravated SHU terms and 19 had mitigated SHU terms. California Code of Regulations, Title 15, Section 3341.5, provides for the following factors for mitigation and aggravation: Factors for Aggravation 1. The inmate’s prior disciplinary record includes acts of misconduct of the same or similar nature. 2. The misconduct was planned and executed as opposed to situational or spontaneous. 3. The misconduct for which a SHU term is being assessed resulted in a finding of guilty for more than one offense. 4. The inmate influenced others to commit serious disciplinary infractions during the time of the offense. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 13 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA There are 13 inmates who started their SHU term for safety-related issues, but subsequently committed a violent SHUable offense, possibly to avoid being placed in the general population. Factors for Mitigation 1. The inmate has a minor or no prior disciplinary history. 2. The inmate has not been involved in prior acts of the same or of a similar nature. 3. The misconduct was situational and spontaneous as opposed to planned in nature. 4. The inmate was influenced by others to commit the offense. 5. The misconduct resulted, in part, from the inmate’s fear for safety. Assessment of the SHU Terms Imposed Based on this review and assessment, of the 35 SHU terms imposed for the charge of Refusal to Accept Assigned Housing, the OIG found that almost one-third (31 percent) did not receive an adequate and thorough review of the safety concerns raised by the inmates (see Finding 3 on Page 15). Assessment of the Rules Violation Reports (RVRs) Pertaining to the SHU Terms For the 160 inmates reviewed, 490 RVRs were evaluated. The OIG found policy deviations in 23 of the RVRs involving 21 inmates. These policy violations were primarily due process violations related to institution staff missing time frames for serving the inmate with a copy of the RVR and missing time frames for conducting a hearing. Institution staff correctly noted and addressed 22 of the 23 violations, and only one of the RVRs contained a due process violation that was not already addressed by the institution. In that case, the OIG notified the institution to rectify the violation. Review of Inmate Appeals Of the 160 inmates reviewed, there were only seven inmates who filed appeals relevant to their administrative segregation or security housing unit status. Release to the Community Directly from SHU According to the department, between October 2012 and October 2013, 21 female inmates serving SHU terms were released to the community (at the end of their prison sentences) directly from a security housing or administrative segregation unit. Of the 160 SHU inmates in the OIG’s review, 20 more may possibly parole directly from SHU, as their earliest possible release dates from prison occur before their minimum eligible release dates from SHU. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 14 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA FINDINGS AND RECOMMENDATIONS FINDING 1: Nearly 22 percent of the 160 female inmates in our review are serving SHU terms for the charge of Refusal to Accept Assigned Housing, a nonviolent offense. RECOMMENDATION: As long as it is unable to provide alternative housing (such as the men’s sensitive needs yards), the department should discontinue imposing SHU terms on female inmates for the charge of Refusal to Accept Assigned Housing. FINDING 2: The department has sensitive needs yards for male inmates but not for female inmates. Female inmates are receiving SHU terms for the charge of Refusal to Accept Assigned Housing or Enemy/Safety Concerns, in part because, due to the conversion of the Valley State Prison for Women to a men’s prison, the department has few options for housing female inmates with enemy/safety concerns. RECOMMENDATION The department should develop alternative housing options for those female inmates with enemy/safety concerns. This would also alleviate the possible negative impact to life-term inmates appearing before the Board of Parole Hearings for parole consideration who have received RVRs and SHU terms for these offenses. FINDING 3: Of the 35 SHU terms imposed for the charge of Refusal to Accept Assigned Housing, the Office of the Inspector General found that almost one-third (31 percent) did not receive an adequate and thorough review of the safety concerns raised by the inmates. RECOMMENDATION The department should develop a process to ensure that the safety concerns raised by inmates who refuse to accept their assigned housing are thoroughly investigated. FINDING 4: Staff who were interviewed at both men’s and women’s prisons across the State were not always sure what privileges and property were authorized for inmates serving SHU terms in administrative segregation units, and the female inmates serving SHU terms in the CCWF administrative segregation unit are not receiving the same same property and privileges as those inmates serving SHU terms in security housing units. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 15 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA RECOMMENDATION The department should reiterate to the field that, pursuant to the California Department of Corrections and Rehabilitation Operations Manual, Section 62050.13.5, an inmate endorsed for and awaiting transfer to a SHU shall be deemed a SHU inmate. Therefore, these inmates should receive the same property and privileges as those inmates serving SHU terms in security housing units. FINDING 5: Female inmates serving SHU terms are not receiving the expanded property allowance. After the July 2011 inmate hunger strike, the department expanded the list of property items allowed in security housing units. RECOMMENDATION The department should ensure that female inmates serving SHU terms are allowed to possess all of the items on the expanded Property Matrix. FINDING 6: There is no exercise equipment (such as handballs, pull-up bars, or dip/push-up bars) in any of the exercise yards designated for female SHU inmates. RECOMMENDATION The department should install some form of exercise equipment (such as handballs, pull-up bars, or dip/push-up bars) in the exercise yards designated for female SHU inmates. FINDING 7: Pre-release services to assist in the transition from long-term segregation back into the community are not offered to female inmates who will be released directly from a security housing unit. RECOMMENDATION To assist the transition from long-term segregation back into the community, the department should provide pre-release services to inmates who will be released from prison directly from a security housing unit. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 16 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA FINDING 8: Female inmates serving SHU terms in the administrative segregation unit at CCWF are not offered education programs and are not consistently offered time to go out to the exercise yard. RECOMMENDATION In addition to the recommendations above, if the department is going to continue housing SHU inmates at CCWF, it should do the following: a. Ensure the SHU inmates housed in the CCWF administrative segregation unit receive the same property and privileges as the SHU inmates housed in security housing units. b. Address the physical plant and custody coverage issues that are hindering CCWF from offering at least ten hours of outside exercise time to inmates housed in the ASU. c. Ensure that inmates are offered at least ten hours of outside exercise time per week and document it accordingly on the CDCR form 114-A. d. Develop a process for offering rehabilitation programs, such as literacy, GED preparation, and college courses, to SHU inmates housed 90 days or more in ASU. FINDING 9: Attorney visits for SHU inmates are not always private and confidential. RECOMMENDATION To help safeguard the attorney-client privilege during attorney visits, the department should ensure that it is following CCR, Title 15, Section 3178, which permits the warden or the official in charge of visiting the discretion to authorize a contact attorney visit for an inmate on non-contact visiting status, or, in the alternative, a non-contact booth with privacy on both sides should be provided for attorney visits. SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 17 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA APPENDICES APPENDIX A – PROPERTY MATRIX, FEMALE OFFENDERS PROGRAMS APPENDIX B – DEPARTMENTAL MEMORANDUMS 1. INMATE LEGAL MATERIALS 2. INMATE PERSONAL PROPERTY AUTHORIZED WITHIN THE SHU (ADDENDUM TO THE PROPERTY MATRIX) 3. INMATE PERSONAL PROPERTY AUTHORIZED WITHIN THE SHU (APPLIANCES) SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 18 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA APPENDIX A – PROPERTY MATRIX, FEMALE OFFENDERS PROGRAMS SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 19 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 20 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 21 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 22 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 23 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 24 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 25 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 26 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 27 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 28 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 29 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA APPENDIX B1 – DEPARTMENTAL MEMORANDUM – INMATE LEGAL MATERIALS SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 30 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA APPENDIX B2 – DEPARTMENTAL MEMORANDUM – INMATE PERSONAL PROPERTY AUTHORIZED WITHIN THE SHU (ADDENDUM TO THE PROPERTY MATRIX) SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 31 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 32 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA APPENDIX B3 – DEPARTMENTAL MEMORANDUM – INMATE PERSONAL PROPERTY AUTHORIZED WITHIN THE SHU (APPLIANCES) SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 33 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA SPECIAL REVIEW: FEMALE INMATES SERVING SECURITY HOUSING UNIT TERMS IN CDCR PAGE 34 OFFICE OF THE INSPECTOR GENERAL STATE OF CALIFORNIA Special Review Female Inmates Serving Security Housing Unit Terms in the California Department of Corrections and Rehabilitation OFFICE OF THE INSPECTOR GENERAL Robert A. Barton INSPECTOR GENERAL Roy W. Wesley CHIEF DEPUTY INSPECTOR GENERAL STATE OF CALIFORNIA December 2013