Cdcr Gang Management Report 2012
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STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Security Threat Group Prevention, Identification and Management Strategy California Department of Corrections and Rehabilitation’s Proposed Implementation of the Security Threat Group Identification System and Step Down Program for Gang Interdiction and Management March 1, 2012 (3/01– version 5.5) 1 Preface The management of gangs nationally in both communities and custodial settings has created an enormous challenge for law enforcement agencies. Gangs jeopardize public safety as they promote violence, drug trafficking, extortion and create substantial risks in prisons, jails and local communities. Managing criminal gangs requires a comprehensive strategy to identify involved gang members, target interdiction strategies, and remove their threat towards others. The California Department of Corrections and Rehabilitation (CDCR) historically has approached gang identification and management through intervention and suppression strategies and has been successful in reducing the impact sophisticated gang members have in CDCR facilities. To combat gangs, CDCR has identified the gangs with the greatest propensity for violence and has separated the affiliated offenders from the general offender population by placement into a Security Housing Unit (SHU) environment. Currently, these gangs are referred to as prison gangs as they have originated and have their roots in the CDCR or another prison system. Despite the successes the CDCR has had in removing violent and disruptive gang members from the general population settings of the institutions, the Department has recognized a need to evaluate current strategies and implement new approaches to address evolving gang trends consistent with security, financial, and offender population management needs. Fortunately, the CDCR population reductions associated with Public Safety Realignment is affording CDCR the opportunity to reconstruct aspects of its gang management policy that are consistent with successful models used in other large correctional agencies. The Public Safety Realignment will result in easing overcrowding and providing CDCR with more housing options to support this effort. CDCR’s current policy for identifying prison based gang members and associates and isolating them from the general population will be replaced with a more effective model that identifies, targets and manages Security Threat Groups (STG) and utilizes a behavior based “Step Down” Program (SDP). This program will afford offenders the opportunity to work their way from a restricted program back to a general population setting by demonstrating a willingness and commitment to discontinue gang activity while in a CDCR facility. This proposal is comprised of recommendations made by subject matter experts within the CDCR as well as consideration of strategies and best practices used by agencies outside of California. These proposed changes were based on the 2007 study entitled, “Security Threat Group Identification and Management” (reference Attachment A), conducted by the California State University, Sacramento, incorporating ideas generated by five national gang experts who served as consultants to CDCR. The study incorporated national standards and approaches to the handling of Security Threat Group (STG) members housed in California’s adult institutions. Documents and related STG information were collected from the Federal Bureau of Prisons and the following states – Arizona, New Mexico, Colorado, Texas, Connecticut and New York. As CDCR moves to expand the concepts contained in the 2007 study, a follow-up literature review was conducted in 2011 by the 2 California State University, Sacramento, to identify national studies that evaluated correctional programs, including management and treatment approaches for validated gang members. These research studies and national reviews of best practices were considered by a combined group of correctional experts in developing this proposed model for managing gangs in California prisons. This complex retooling of CDCR’s gang management strategy will require significant changes to regulations, practices, and institutional culture to ensure success. Any change of this magnitude and its associated potential risk must be done thoughtfully, methodically and deliberately. While these changes will not happen overnight, the recommended policy described in this document will support California’s efforts toward establishing a more effective model of managing gangs in a prison environment. 3 Table of Contents I. Background II. Definitions III. Purpose and Scope IV. Roles and Responsibility V. Certification Process VI. Validation Process VII. Security Threat Group Management VIII. Debriefing IX. Implementation Process 4 I. Background The California Department of Corrections and Rehabilitation (CDCR) manages arguably the most violent and sophisticated gang members and associates in the nation. California prison gangs are routinely and consistently connected to major criminal activities in communities, including such crimes as homicides, drug trafficking, prostitution, human trafficking and extortion. As such, the responsibility and challenges facing CDCR relative to the management of gangs are immense. Criminal gang problems throughout the country have grown more serious in both the local communities and correctional settings. Criminal gangs are largely responsible for criminal activities within the institutions, to include the trafficking of narcotics, committing and/or directing violence against staff and offenders, and directing criminal activity between the correctional institutions and the community. Prisons are especially vulnerable to internal disruption by criminal gang members who, through their violent nature, routinely victimize each other, uninvolved offenders and staff, in addition to creating heavy demands on personnel and fiscal resources. Efficient and effective gang management within prisons requires a comprehensive gang management strategy that includes prevention, interdiction and rehabilitation. CDCR’s current strategy, which was initially developed more than 25 years ago, is that of a crime prevention strategy through suppression. The Department recognizes a need to evaluate the current strategies and adopt new approaches to addressing constantly evolving gang trends. This proposal introduces a comprehensive strategy designed to: Provide graduated housing with increased program and privileges based on positive programming and consequences for non-compliance associated with gang related behaviors. Enable an offender to engage in reintegration from a SHU environment back to general population or sensitive needs yard (SNY) through a SDP. Support and educate offenders desiring to disavow and/or disengage from the gang lifestyle. Prevent or reduce gang influence and gang violence. Promote safe and efficient prison operations. Weaken gang organization and communication through intelligence and behavior based management strategies. Curtail the ability of gangs to participate in crimes that transcend the boundaries of the institution into the community. Provide programs designed to promote social values and behaviors in preparation for the offenders’ return to the community. Essential to achieving these goals is the continuing evolution of our existing intelligence network to identify and document gang activities/behaviors and track gang trends. A sound strategy supported by reliable intelligence will enhance the prison managers’ ability to anticipate, prevent, respond and 5 control gang problems proactively rather than relying on defensive or reactive means of suppression and intervention. This proposal includes an enhanced intelligence based identification system needed to identify members, associates and suspects who are believed to present a clear threat to the safety of staff, offenders, and the security of the institutions. This, in association with documented gang behavior will provide prison managers the necessary information to make decisions regarding the appropriate housing and program needs for the offender. This strategy supports the CDCR strategic plan through effective classification of offenders and placement of the right offender, in the right program, at the right time. Offenders who do not engage in disruptive gang behavior will be allowed privileges and provided support through programs designed to reintegrate them back into the general population or SNY and ultimately into society once released from prison. Offenders who continue to engage in disruptive and/or violent gang behavior, regardless of the gang with which they are involved, will be classified and housed in programs that by design discourage gang behavior. These programs will provide alternatives to the gang lifestyle, while maintaining necessary custody and security considerations to control the gangs’ influence and gang violence. This model identifies concepts, strategies, and methods developed through a focused workgroup, built upon strategies currently used by CDCR and other corrections departments throughout the United States. During the development of this document it was recognized that although some correctional systems employ similar strategies, there is no one “best practice”. Success of any gang strategy requires an objective evaluation of specific gang dynamics and development of methods to meet these needs. Operational strategies and methods of carrying them out must be systematically integrated. Of particular importance is the development of gang policies that differentiate between gang and non-gang involved behaviors and their seriousness for particular correctional programs. It is believed that this model recognizes the distinction between these behaviors. 6 II. Definitions Administrative Gang Directive: An Administrative Gang Directive is an administrative order declaring a gang’s threat to the safety of staff, offenders, and the security of the institution based on a documented history of, and future propensity for violence. This directive is designed to prevent and protect individuals, institutions, and communities from gang related violence. This process will formalize the current practice of making a prison gang designation and support sanctions of a STG-I gang. Certification: The formal designation of a group or gang as a criminal gang based upon a threat assessment conducted by the Office of Correctional Safety (OCS). Confirmed Criminal Gang Behavior: Criminal gang behavior which was discovered and confirmed to have occurred. Confirmation can be obtained through two processes; 1) a guilty finding in a serious Rules Violations Report; and/or 2) any document that clearly describes the gang behavior and is referred to the Institution Gang Investigator (IGI) for confirmation. Criminal Gang: Any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing, threatening, financing, soliciting or committing unlawful acts of misconduct classified as serious pursuant to the California Code of Regulations (CCR), Title 15, Division 3, Section 3315. Criminal Gang Behavior: Any documented behavior that promotes, furthers, or assists a criminal gang. Conduct of any person that leads to and includes the commission of an unlawful act and or violation of policy demonstrating a nexus to a criminal gang. Debriefing: Debriefing is the formal process by which a gang coordinator/investigator determines whether an offender has disavowed gang affiliation and dropped out of a gang. A subject shall only be debriefed upon their request, although staff may ask if he or she wants to debrief. Debriefing is a two step process that includes an interview/investigative phase and an observation phase within the Department’s Transitional Housing Unit (THU) Program. Dropout: Designates an offender who was either a gang member or associate who has discontinued gang affiliation. This identification as a dropout requires the offender to have cooperated in, and successfully completed the two step debriefing process. Security Threat Group I (STG-I): A term used to identify and prioritize criminal gangs into groups based on the level of threat the group presents that affects the safety and the security of the institution and public safety. STG-I designation will be reserved for criminal gangs that pose the greater of these threats. STG-I designation will include gangs such as traditional prison gangs, or similar disruptive groups or gangs that the department has determined to have a history and propensity for violence and/or influence over subservient gangs. Housing and program needs are established based on this designation. Security Threat Group II (STG-II): A term used to identify and prioritize criminal gangs into groups based on the level of threat the group presents that affects the safety and the security of the institution and public safety. STG-II designation will be reserved for all other criminal gangs as defined in CCR, Title 15, 7 Division 3, Section 3000. STG-II designation will include gangs such as traditional disruptive groups/street gangs. Housing and program needs are established based on this designation. Security Threat Group Associate: Any offender who, based on documented evidence, is involved periodically or regularly with the members of a criminal gang. STG Associates will be identified by the IGI through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a value of 10 points or greater coupled with intelligence indicative of an Associate. Validation of an offender as an Associate of a prison gang shall require that at least one (1) source item be a direct link to a current or former validated member or associate of the gang. Security Threat Group Member: Any offender who, based on documented evidence, has been accepted into membership by a gang. STG Members will be identified by the IGI through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a value of 10 points or greater coupled with intelligence indicative of a Member. Validation of an offender as a Member of a prison gang shall require that at least one (1) source item be a direct link to a current or former validated member or associate of the gang. Security Threat Group Monitored: Any offender who has successfully completed Steps 1-4 in the SDP and has been returned to a general population or sensitive needs yard setting. This period of monitoring will include continuous and on-going cell searches, mail and phone call monitoring, and periodic interviews with the Investigative Unit Staff. Security Threat Group Suspect: Any offender who, based on documented evidence, is suspected of being involved in or assisting a STG in the commission of criminal gang behaviors or gang behaviors in violation of CDCR policy. The STG suspect is tracked by the OCS pending validation. Suspects will require 2 or more points and would not be officially validated but tracked for intelligence purposes and decisions that impact the institutions daily program needs. Suspects shall be identified by the IGI and will not require OCS validation review. Step Down Program (SDP), Step 1 and 2 Security Housing Unit (SHU): First two of five steps in the step down process with a minimum of 12 months in each step, dependent upon successful completion. SHU housing unit/program specifically designated for housing of criminal gang affiliates determined to pose a threat to the safety of staff/offenders and security of the prison based upon intelligence and/or confirmed behaviors. This housing designation is intended to isolate the most dangerous STG affiliates with a high degree of monitoring placed on all avenues of communications. Step Down Program (SDP), Step 3 and 4 Security Housing Unit (SHU): Two of five steps in the step down process with a minimum of 12 months in each step dependent upon successful completion. A SHU housing unit/program specifically designated for housing of criminal affiliates who have completed step 1 and 2 but have been determined based upon intelligence and/or confirmed criminal gang behaviors still to pose a threat to the safety of staff and security of the prisons. This housing designation is intended to begin reintegration of the STG affiliates by offering program and privilege incentives within a controlled setting and monitoring of program progress. Step Down Program (SDP), Step 5 General Population Housing: Upon successful completion of all four steps, as determined by Institutional Classification Committee (ICC) and based on individual offender behavior, the offender will be referred to the Classification Staff Representative (CSR) for endorsement to a Level IV, 180 design facility (male offenders only) for a 12 month observation period, regardless of the offender’s placement score unless otherwise directed by a Department Review Board (DRB) action. 8 After completion of the 12 month observation period with no evidence of continued gang involvement, the offender may be placed in a facility consistent with their placement score and case factors. Threat Assessment: An official assessment ordered by the OCS specifically identifying why a criminal gang, based on documented evidence of violence, threat of violence and or other criminal gang behaviors, poses an immediate clear and present danger to the safety of any person or the security of the prison. Transitional Housing Unit (THU): Transitional Housing Unit is a general population program designated for the observation phase of the Prison Gang Debriefing process. This program houses those offenders who are in the second phase of the debriefing process. Validation: The formal and objective process for identifying and documenting criminal gang members and associates. Validation is the term used to describe the quality control review of gang identifications and is done to ensure that gang affiliate identifications are in compliance with departmental regulations. 9 III. Purpose and Scope The purpose of this document is to establish updated policies and procedures for the identification of criminal gangs and their affiliates. Further, this proposal establishes a uniform process for the management of these groups and other individuals within the CDCR. The Department prohibits offenders from creating, promoting or participating in any criminal gang, association or organization. Any offender engaging in criminal gang behavior may be subject to criminal prosecution, to include gang enhancements, in addition to any administrative sanctions imposed as a result of the CDCR’s disciplinary process. This document creates a graduated privilege process associated with individual offender behaviors. Minimizing criminal gang behavior and effectively managing high security housing populations shall be accomplished by the following: Uniform certification of criminal gangs by the OCS into STG and identifying those that pose the greatest threat to the safety and security of the prisons and public safety. Identification and validation of criminal gang affiliates. Provide a SDP for offenders placed in SHU for gang behaviors, and provide an evaluation of their behavior, which includes the ability to return to a general population setting or SNY without engaging in gang activity. Utilizes the step down process to afford program and privilege incentives to promote positive behavior. Utilizes a step down process with increased privileges for offenders who discontinue to engage in gang activities. Debriefing for offenders who choose to disassociate themselves from criminal gangs and criminal gang behavior. Female Offenders The CDCR recognizes the need to implement gender responsive policies as it pertains to female offenders. Existing regulations and this policy have granted discretion to Wardens and the ICC relative to the housing and programming of STG female offenders. Female offenders shall continue to be reviewed and evaluated for gang validation. Wardens and the ICC may elect to forgo SHU placement requirements as described in this proposal based upon a case by case consideration of the female offender’s institutional behavior and threat to public safety. For female offenders who are identified as benefitting from a SDP; the curriculum and components of the program will be developed by the Female Offender Programs and Services Mission of the Division of Adult Institutions. 10 IV. Roles and Responsibilities Director, Division of Adult Institutions (DAI): The Director, DAI, in conjunction with the Director, Enterprise Information Services (EIS), and the Chief, OCS, shall ensure departmental compliance with this model. Director, Enterprise Information Services: The Director, EIS. in coordination with the Chief, OCS, shall have management responsibility for the criminal gang data base system Chief, Office of Correctional Safety: The Chief, OCS, in coordination with the Director, DAI, shall ensure departmental compliance with this proposal. The Chief, OCS, shall supervise and coordinate the CDCR's gang intelligence, identification, validation, and suppression program and coordinate that program with other law enforcement agencies. Develop and update policy; and management of the data for the criminal gang data base. Serve as departmental repository for criminal gang intelligence, identification and certification. Provide oversight, review, and approval for STG validations. Responsible for providing training and oversight to Investigative Service Unit (ISU) and IGI staff in the application of STG identification and behavior management. Provide essential training to all department personnel in the implementation of this policy. Approve/disapprove validation packages for STG Members and Associates. Associate Director, High Security Mission: Ensure compliance with this document as it relates to SHU, operations, and programs relative to male offenders. Associate Director, Female Offender Programs and Services: Ensure compliance with this proposal as it relates to SHU, operations, and programs relative to female offenders. Warden: Wardens shall have management responsibility for their respective Institutional Gang Investigators. Each institution shall have a STG investigator designated as an IGI or investigative lieutenant. STG investigators shall be Correctional Lieutenants, who shall be selected by their Wardens. Wardens shall ensure that gang related incidents, intelligence, and information is referred to the appropriate personnel for review and disposition. Each Warden shall ensure a Classification Committee reviews offenders who are validated gang members, and associates every 180 days. During this review, consideration will be given to: o Initial placement in the appropriate step of the SDP. 11 o Verify step completion and provide approval for placement into the next step. o Retention in step based on case factors presented. o Loss of privileges, removal or regression from the SDP, and retention in SHU, based on offender’s nonparticipation or documented continuation of criminal gang behavior. Classification Services Unit: Evaluate issues related to SHU placement, disciplinary, CSR reviews, housing restrictions etc. Ensure department compliance with regulations managing SHU terms and placement. Provide feedback to DAI and OCS on issues relating to the application of this proposal. Institution Gang (Security Threat Group) Investigator (IGI): Responsible to identify, track and document STG Members, Associates, and Suspects in accordance with this model. Identify gang trends and report gang intelligence to the prison management and the OCS. ISU/IGI staff representative may be a member of the classification committee for gang Members, Associates and Suspects. The IGIs are directly responsible through their chain of command to their respective Wardens and are functionally supervised by the Special Agent in Charge, OCS, and the Senior Special Agent, Gang Intelligence Operations, SSU. Conducts complex criminal gang investigations and documents gang intelligence and behavior in accordance with this document. Prepares formal recommendations to the classification committee for placement of STG affiliates into the SHU SDP in accordance with this proposal. Maintain the local criminal gang data base system. V. Security Threat Group Certification Process Criminal gangs will be certified and categorized through the OCS. The CDCR will categorize criminal gangs into STG, based on a documented severity of the threat to the security of the institution and safety of staff and offenders. With the implementation of this proposed policy, the CDCR will no longer utilize the terms “Prison Gangs” and “Disruptive Groups,” and will adopt the recommended designation of STG with subcategories I or II based upon the level of the threat posed by the STG activity: Security Threat Group I (STG-I) - Criminal gangs that the CDCR has determined to be the most severe threat to the security of the institutions and communities based on history and propensity for violence and/or influence over other gangs. Upon implementation of this policy, CDCR will consider for designation the following criminal gangs as STG-I gangs: Aryan Brotherhood (AB) Black Guerilla Family (BGF) Mexican Mafia (EME) Nazi Low Riders (NLR) 12 Northern Structure (NS) Nuestra Familia (NF) Texas Syndicate Security Threat Group II (STG-II) – Other criminal gangs such as street gangs or disruptive groups comprised of members and associates who, may be determined to be in a subservient role to the more dominant STG-I type gangs. The following includes examples of STG-II gangs: Crips Nortenos Bloods 2-5’s, Northern Riders, and other SNY gangs Surenos White Supremacist A recommendation for certification of a STG will be made to the respective Warden by the IGI and forwarded to OCS for consideration by the Chief, OCS, or designee. The Secretary, CDCR, will be the final approving authority for all STG-I certifications. All STG-II designations will be considered for acceptance by a Special Agent or Senior Special Agent, OCS. Security Threat Group Certification and Category Criteria: Acceptance by OCS of any STG will include consideration and documentation of the following information: Information from other state departments of corrections, jail or prison facilities, State, County, or City law enforcement agencies, as to the potential disruptive nature of the group under consideration. Consideration with regard to whether the group meets the definition of a gang consistent with California Code of Regulations Section 3000. History of criminal gang behavior in the community. Evidence that the group presents a potential threat to the security of the institution and safety of staff and offenders. History of threatening behavior to staff or offender safety involving such activities as riots, group disturbances, possession or manufacture of weapons, assault/battery, trafficking of narcotics, extortion and/or coercion of offenders. Documentation of violent and/or illegal activities which may also include planning, organizing, threatening, financing, soliciting, or committing unlawful acts. Group evolution, structure, formalized procedures or bylaws, and/or membership characteristics. Information concerning group meetings and membership criteria. Chronology of events or other information evidencing a threat to institutional security or safety of staff and offenders through group activities, associations and potential security alignments. Tattoo and graffiti documentation. Group association evidence, including offender and staff interviews. Available information concerning group philosophy and affiliations. 13 Newly designated criminal gangs determined to present a severe threat to the security of institutions and safety of staff and offenders, considered for STG-I designations will require an official threat assessment investigation and position paper prepared and submitted by the OCS. The threat assessment report will contain a conclusion either supporting or not supporting STG-I designation. STG-I designations shall require approval from the Special Agent-In-Charge; Chief, OCS; and the Secretary, CDCR. Once approved, an official Administrative Gang Directive (described below) will be issued by the Secretary (reference Attachment B). An Administrative Gang Directive for STG I will contain a threat assessment report and position paper, which will include but not be limited to the following: Evidence, including staff and offender interviews and staff information, relative to each STG criteria considered in the recommendation for certification. Information relating to the groups from other states, county, city or private correctional facilities. Information from law enforcement agencies. Information from incident reports. Evidence of specific tattoos or graffiti. Evidence that the group’s bylaws or other mechanisms regulate group activity and/or that the group has a structure. Evidence of drugs, weapons involvement, extortion or protection rackets. Overall assessment relative to the safety and security threat that the group poses to the institutions, its staff and other offenders. Security Threat Group I Certification Procedure: The Chief, OCS, shall review the threat assessment report and position paper to determine whether the group should be recommended to the Secretary for certification as STG-I under any of the following conditions: Criminal gang activity within the CDCR or in any other correctional system operated at the city, state, or federal level or contract facility. Propensity for violence and/or crimes involving possession of weapons or weapon-making material, or other contraband related to violent acts. Committing or threatening violent acts at the direction of and for the benefit of the gang. Absent a documented history of violence, the group possesses the unique resources, training, skills, documents stating intent, or other evidence that presents a clear potential to threaten the safe and secure operation of the department, its institutions and public safety. Any evidence of current or developing leadership structure. The Chief, OCS, shall report to the Secretary, CDCR, or designee, requesting certification of a group as a STG-I. The Secretary or designee makes the final decision regarding certification. Such determination shall be based upon a reasonable and non-discriminatory assessment of certification criteria. The CDCR shall review its certification of STG-I designations at least every two years, with the first review of certification to be scheduled within 6 months of this policy implementation. The recertification will be based on the same criteria for original certification as described above. 14 The justification for the STG certification and recertification will be considered law enforcement confidential, as it will contain restricted and confidential information to assist CDCR in making the recommendation and determination. ADMINISTRATIVE GANG DIRECTIVE An Administrative Gang Directive will be an order by the Secretary, CDCR, declaring a gang’s threat to the safety of staff, offenders, and security of the institution based on a documented history of, and future propensity for violence. It is designed to prevent and protect individuals, institutions and communities from gang related violence. Once the Administrative Gang Directive is issued, it would determine the housing of those offenders who have been validated as Members or Associates of the identified group as described later in this document. Approval of an Administrative Gang Directive would require sufficient evidence that the group identified poses a clear and present danger to the safety of staff, offenders, and security of the institution. All Administrative Gang Directives shall be assessed by the OCS at least every two years and a recommendation made to the Secretary, CDCR, to either retain or remove the directive. With the approval of this proposal, an administrative gang directive will be issued for STG-I gangs. The Secretary, CDCR, or designee will notify, in writing, the Chief, OCS, that a group has been certified as a STG-I. The Chief will then notify, in writing, all DAI Wardens, and IGI that a group has been certified as a STG-I and that an Administrative Gang Directive has been issued. The Administrative Gang Directive will be transmitted as an Administrative Bulletin under the guidelines of the Department Operations Manual (DOM) Article 6 Policy Directives. VI. Offender Validation Process The validation process is a strategy for identifying and documenting criminal gang Members, Associates and Suspects. This process delineates the formal objective criteria which an IGI must utilize to determine an individual’s affiliation with a known STG. Each determining factor is weighted in regards to the nexus of the information in establishing a link to the STG. Once the initial validation process is completed at an institution, it is then forwarded to the OCS for review and approval or rejection pursuant to existing regulations. The formal validation process shall include a quality control certification review of gang identifications at a classification level no lower than that of a Special Agent to ensure that gang affiliate identifications are in compliance with CCR, Title 15, Division 3, Section 3378, Documentation of Critical Case Information. This proposed offender validation policy will be prospective and changes departmental regulations that will dictate the validation of newly determined gang affiliations in addition to changing a current gang affiliate’s status. This validation process will go into effect with the official change in regulations and affect offenders who are validated subsequent to the regulations. For those inmates currently validated as members or associates of a recognized prison gang, their validation status as a STG would occur concurrent with their identified prison gang being certified as a STG. The program determination for existing gang members and associates will be provided by means of a case by case review. 15 As is the current expectation, it is the responsibility of all Department employees to be diligent in observing and reporting gang activity. The discovery of gang identification, indicia, or intelligence, shall be appropriately documented. As with CDCR’s current validation process, the IGI will continue to conduct intensive investigations into allegations of gang activities and to prepare a validation package identifying suspected STG Members or Associates for submittal to OCS for approval or rejection of validation. The IGI will identify and track gang Suspects at the local level, which will not require review by OCS. The validation process is a critical component of curtailing criminal gang behavior. Once an offender has been identified as a STG affiliate and vetted through the validation process, CDCR staff will have the capability to track their movement, monitor their conduct, and take interdiction action, as necessary, if the offender is found to be involved in criminal gang activity. Validation Procedure: This proposal incorporates the current CDCR gang identification and validation procedures per CCR, Title 15, Division 3, Section 3378 and DOM, Article 22, Section 52070.1, Gang Management, which will remain in effect with added language intended to improve application of policy. These additions will include but are not limited to: Introduction of a new STG category and a weighted point system for validation as identified in this proposal. Due process rights in accordance with CCR, Title 15, Division 3, Section 3378, will remain in place. CDCR currently validates gang affiliates into two categories, Gang Members and Gang Associates. This proposal incorporates the STG designations as referenced and adds two additional STG affiliation categories. The new category of Suspect will not be officially validated, but tracked for intelligence purposes and decisions that impact the institution’s daily program needs. The new category of Monitored represents any offender who has successfully completed Steps 1-4 in the SDP and has been returned to a general population or SNY setting. Additionally, the introduction of these new STG management strategies will serve to reduce CDCR’s current reliance upon segregation for managing STG members, associates and suspects. The language to be incorporated into the current categories is identified in the following chart: 16 Current gang validation categories NEW STG validation categories MEMBER MEMBER A member is an offender/parolee or any person who has been accepted into membership by a gang. This identification requires at least three (3) independent source items of documentation indicative of actual membership. Validation of an offender/parolee or any person as a member of a prison gang shall require that at least one (1) source item be a direct link to a current or former validated member or associate of the gang. Any offender or any person who, based on documented evidence, has been accepted into membership by a gang. STG Members will be identified by the IGI through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a value of 10 points or greater, coupled with intelligence indicative of a Member. Validation of an offender or any person as a Member of a STG shall require that at least one (1) source item be a direct link to a current or former validated member or associate of the gang. No weighted point system currently applied. ASSOCIATE ASSOCIATE An associate is an offender/parolee or any person who is involved periodically or regularly with members or associates of a gang. This identification requires at least three (3) independent source items of documentation indicative of association with validated gang members or associates. Validation of an offender/parolee or any person as an associate of a prison gang shall require that at least one (1) source item be a direct link to a current or former validated member or associate of the gang. Any offender or any person who, based on documented evidence, is involved periodically or regularly with the members of a criminal gang. STG Associates will be identified by the IGI through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a value of 10 points or greater, coupled with intelligence indicative of an Associate. Validation of an offender or any person as an Associate of a STG shall require at least one (1) source item be a direct link to a current or former validated member or associate of a gang. No weighted point system currently applied. 17 Current gang validation categories NEW STG validation categories SUSPECT N/A Any offender who, based on documented evidence, is suspected of being involved in or assisting a STG in the commission of criminal gang behaviors or gang behaviors in violation of CDCR policy and/or state law and is tracked by the OCS pending validation. Suspects will require 2 or more points and would not be officially validated, but tracked for intelligence purposes and decisions that impact the institution’s daily program needs. Suspects shall be identified by the IGI and will not require OCS validation review. MONITORED INACTIVE Any offender who has successfully completed Steps The offender has not been involved in gang 1-4 in the SDP and has been returned to a general activity for a minimum of 6 years. population or SNY setting. This period of monitoring will include continuous and on-going cell searches, mail and telephone call monitoring and periodic interviews with the Investigative Unit Staff. The level of gang recognition, from Suspect to Member, will be based on source criteria and an objective point system. The point value chart below is comprised of current source items identified in CCR, Title 15, Division 3, Section 3378. The incorporated change is the point value of each source item listed. 18 Validation Source Criteria: Source Description Item Symbols Informants Point Value Hand signs, distinctive clothing, graffiti, etc., which have been identified by investigators as being used by and distinctive to specific gangs. Staff shall describe the symbol and articulate why it has concluded the symbol is used by and distinctive to a specific gang. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Documentation of information evidencing STG affiliation from an informant shall indicate the date of the information, whether the information is confidential or non-confidential, and an evaluation of the informant’s reliability. Confidential material shall also meet the requirements established in CCR, Title 15, Division 3, Section 3321. Staff shall articulate how the information specifically relates to the offender’s involvement with the STG. The information may be used as a source of validation if the informant provides specific knowledge of how he/she knew the offender to be involved with the gang. Multiple confidential sources providing information regarding a single gang related incident or behavior shall constitute one (1) source item. Exclusive reliance on hearsay information provided by informants will not be used for validation purposes. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution. 19 Two (2) Points Three (3) Points Source Description Item Debriefing Reports Written Material Point Value Only information referencing specific gang related acts or conduct shall be considered as a source item, when utilizing information from another offender’s debriefing. Multiple sources of information relative to a single gang related act or conduct shall be considered a single source of validation. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Any document such as membership or enemy lists, constitutions, organizational structures, codes, training material, etc., of specific gangs or STG. Staff shall articulate why, based on either the explicit or coded content, the written material is reliable evidence of affiliation with the gang. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. 20 Three (3) Points Offender Identified in written Material not in his possession: Two (2) Points Personal Possession: Four (4) Points Source Description Item Photographs Staff Information Other Agencies Point Value Individual or group photographs with gang connotations such as those which include insignia, symbols, or other identified STG affiliates. The date of a photograph shall be reasonably ascertained prior to any photo being relied upon for inclusion as a source item. No photograph shall be considered for validation purposes that is estimated to be older than six (6) years. Any photograph being utilized as a source item that depicts gang members shall require that at least one of the individuals be previously validated by the Department, or validated by the Department within six (6) months of the photograph’s established or estimated date or origin. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution Documentation of staff’s visual or audible observations, e.g. roll call, cadence, and group exercise, etc., of gang activity. Staff shall articulate the basis for determining the content or conduct at issue is gang related. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Information evidencing STG affiliation provided by other agencies. Any information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. 21 Four (4) Points Four (4) Points Four (4) Points Source Description Item Association Visitors Point Value Information relative to the offender/parolee’s association with identified STG affiliates. Information including addresses, names, identities and reasons why such information is indicative of STG involvement. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Visits from persons or entities that are documented as willfully promoting, furthering or assisting STG affiliates in activities associated with the STG. Staff shall articulate the basis for concluding the relationship between the visitor(s) and offender is gang related in nature or that the visitor(s) and offender engaged in conduct related to the STG. Staff shall articulate the basis for identifying the visitor(s) as associated with the STG. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. 22 Four (4) Points Four (4) Points Source Description Item Communications Self Admission Offenses Documentation of telephone conversations, conversations between offenders, mail, notes, greeting cards, or other communication, including coded messages evidencing STG activity. Staff shall articulate why, based on either the explicit or coded content, the communication is reliable evidence of association or membership with the STG. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Staff shall document information about an offender/parolee’s verbal, written or otherwise implied admission and specific involvement with the STG. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Where the circumstances of an offense conclude that the offense was committed for the benefit of, at the direction of, or in association with any STG; such as where the offense is between rival STGs, the victim is verified STG affiliate, or the offender/parolee’s crime partner is verified STG affiliate. Staff shall articulate why an offense is gang related. Multiple sources of information relative to a single incident or offense will be considered one (1) source of validation. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. 23 Point Value Four (4) Points Five (5) Points Six (6) Points Source Description Point Value Item Tattoos and/or Body Markings Legal Documents Tattoos and/or body markings identified by investigators as being used by and distinctive to a specific STG. Staff shall describe the tattoo and/or body marking and articulate why it concluded the tattoo and/or body marking is used by and distinctive to a specific STG. Staff shall document and disclose this information to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Court transcripts, Probation Officer’s reports, crime reports, arrest reports, or other legal documents evidencing gang conduct. Staff shall assure the document containing this information is disclosed to the offender/parolee in a written form that would not jeopardize the safety of any person or the security of the institution. Six (6) Points Seven (7) Points Change of Validation status: A validated STG Associate can have their validation status upgraded to Member with the validation of 1 additional source item, any point value, containing intelligence indicative of a Member. The status of a validated Subject will remain unless updated, changed or deleted with final approval by OCS. After the initial validation, gang behavior of validated offenders will be addressed based on this proposal. The current “INACTIVE” category will be revised to incorporate the term “MONITORED”. A monitored offender is one who has successfully completed Steps 1-4 in the SDP and has been returned to a general population or sensitive needs yard setting. This period of monitoring will include continuous and ongoing cell searches, mail and phone call monitoring, and periodic interviews with investigative unit staff. After the initial validation, a monitored offender’s confirmed gang behavior will be addressed through housing placement by the decision of the ICC. Validation Files: The OCS gang intelligence/validation file (reference Attachment C) will be used to retain documents related to the STG validation process. The file will be comprised of the following: 24 Current Validation file Revised Content of the Validation file Gang Activity Chronological listing/log IGI Validation on a CDC Form 128B (Rev.4/74), In addition to the current file contents, the new General Chrono validation file will contain: Validation Evidence Disclosure on a CDC Form 128B (Rev. 4/74), General Chrono Source Documents (Documentation from the Gang Validation Score Sheet Central File evidencing gang involvement) Confidential Information Disclosure Forms, CDC Form 1030 VII. Security Threat Group Management The Department Operations Manual (DOM), Section 52070.6, states “The CDCR's gang management strategy shall be to identify gang affiliated offenders/parolees, track them, monitor their conduct, take interdiction action, and apply sanctions when they are found to be involved in illicit or unlawful gang activity”. With this proposal policy, the Department will adopt prevention strategies for offenders in an effort to deter them from becoming involved, or discontinue involvement in STG activity/behavior, in addition to the current interdiction and suppression strategies utilized by the Department. A behavior based STG management model will provide for gang behavior to be appropriately documented to assure offenders are placed into the appropriate programs and/or subject to a loss of privileges. Documentation may be in the form of disciplinary reports, counseling chronos, confidential memorandums and/or other sources documenting behaviors and intelligence. Additionally, departmental employees shall use the disciplinary process to hold offenders accountable for alleged violations of departmental rules and regulations. 25 PREVENTION Advisement of Expectations: Every offender will be served an Advisement of Expectations (reference Attachment D) of the departmental policy relative to gang involvement. The advisement will outline the CDCR’s STG policy, to include consequences of gang involvement, as well as support for those desiring to disavow from the gang lifestyle or select participation in a SDP. The advisement shall be provided to each offender upon arrival to a Reception Center. For those offenders currently housed throughout the DAI, departmental managers will be responsible to ensure that each offender receives the Advisement of Expectations. Proof that the Advisement of Expectations was issued shall be recorded on a CDC 128B information chrono and maintained in the offender’s central file. Gang Diversion Video: A comprehensive gang diversion video, currently under development by the OCS, will be made available for viewing during the orientation process and periodically thereafter. Additionally, the OCS is developing associated literature as a prevention/diversion effort. Both the diversion video and associated literature shall be completed prior to the implementation of this document. Department managers shall be responsible to ensure the video and literature are made available to the existing offender population. Gang Diversion Programs: It is recognized that gang diversion programs are an important component of a STG management strategy. CDCR will continue to seek innovative programming, such as Alternatives to Violence, Thinking for Change, The Change Companies journaling series, 7 Habits on the Inside, Cage Your Rage, Gangs Anonymous and Breaking Barriers to assist offenders in assimilating into the general population or SNY. The programs will also provide tools for offenders in segregated housing to facilitate their return to a general population or SNY setting. INTERDICTION AND ACCOUNTABILITY It is a goal of this document to significantly reduce or eliminate the influence of gangs and the effects of gang violence through proactive gang strategies. STG-I Members because of their status within their own gang, influence over affiliate gangs, potential for creating mass disruption, and violence or threat to security, shall be placed in SHU based upon their validation as a member. STG-I Associates or any STG-II offenders who choose to engage in serious criminal gang behavior and/or a pattern of violent behavior will be removed from the general offender population and housed in more secure environments based on the offender’s behavior. The offender’s gang behavior will be documented and considered in determining appropriate privileges, housing and program. SECURITY HOUSING UNIT (SHU) PLACEMENT The SHU is specifically designed to house offenders whose conduct endangers the safety of others or the security of the institution. SHU is not designed nor intended as punishment for misbehavior, but rather 26 designed to protect the public, staff and other offenders from offenders whose conduct endangers the safety of others or the security of the institution. Under this policy, the length of SHU placement for gang activity will no longer be based solely on validation to a STG designation. Additionally, this model provides for a “Step Down” model comprised of five distinct program steps that allow an offender to facilitate their way out of the SHU program and back to a general population or SNY setting by demonstrating a willingness to disengage from criminal gang behavior. Offenders will normally begin the SDP in Step 1 and progress through to completion of Step 4. Upon completion of all four steps, the offender will be considered for release to Step 5 and returned to the general population or SNY. The following is an overview of the placement criteria and step down program. STG STEP DOWN PROGRAM The SDP will establish an incentive based multi-step process for the management of STG offenders. This program will assign, transition, and monitor offenders who by their behavior have demonstrated the need for CDCR’s utilization of special strategies for their management. This program is designed for STG offenders who require structured activities and programming, who choose to discontinue criminal activity. Additionally, it affords offenders the opportunity to earn enhanced privileges proportionate to their ability to reintegrate and effectively interact with others. As an alternative to the SDP, offenders may choose to participate in the debriefing process at any time. As part of the program development, an assessment will be conducted to determine additional resource needs. CDCR will seek resources where available, to assist with this effort. The STG SDP shall be normally completed in five steps and provides a process for offenders engaged in STG behavior to demonstrate their ability to refrain from criminal gang behavior, preparing them for return to a general population, or SNY program setting. The initial four steps are generally designed to be completed within 48 months. The fifth step which consists of observation and monitoring of behavior within the general population or SNY will normally be completed within the 12 months following Step 4. Each step will consist of programs and privileges that increase as the offender progresses through the SDP. Participation in the SDP is a selective option, which will require the offender to agree with the program conditions and sign a personal contract (reference Attachment E). The contract will outline the goals, expectations for successful completion, and potential consequences for failure to fully participate and complete the program at any step of the process. Each program step is progressive and it is the responsibility of the offender to demonstrate they can be released to a less restrictive environment while abstaining from criminal gang behaviors. If the offender chooses not to progress through any step of the program, the offender may be returned to a previous step until they demonstrate a desire and behavior for movement into the next step. Participants in Steps 1, 2 and 3 will be reviewed by ICC at least every 180 days for evaluation of program participation. If, during the ICC review, it is determined that the offender has participated in the required programs for successful step completion, the offender may be considered for placement into the next successive step. Participants in Step 4 shall be reviewed by ICC at least every 90 days. The successful completion of each step will require a minimum of 12 months program participation. 27 Failure to maintain acceptable behavior and/or refrain from criminal gang behavior may result in the loss of privileges and/or regression to a previous step, inclusive of return to Step 1 from any subsequent step, including Step 5. The following chart identifies programming requirements and privileges currently applicable to offenders housed in a SHU in comparison to the programming requirements and privileges for validated STG affiliates who participate in the SDP. SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 For Males - To be operated at PBSP SHU For Males - To be operated at PBSP SHU For Males - To be operated at CCI SHU or COR SHU For Males - To be completed at CCI SHU or COR SHU For Females – To be operated in a designated SHU unit For Females – To be operated in a designated SHU unit For Females – To be operated in a designated SHU unit For Females – To be operated in a designated SHU unit If the offender’s case factors preclude housing at PBSP, appropriate placement will be determined If the offender’s case factors preclude housing at PBSP, appropriate placement will be determined If the offender’s case factors preclude housing at CCI or COR, appropriate placement will be determined If the offender’s case factors preclude housing at CCI or COR, appropriate placement will be determined CURRENT SHU HOUSING LOCATION For Males - SHU is currently operated at Pelican Bay State Prison (PBSP), California Correctional Institution (CCI), California State Prison Corcoran (COR) or California State Prison Sacramento (SAC) For Females – SHU is currently operated at Valley State Prison for Women (VSPW) or California Institution for Women (CIW) 28 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 CURRENT REVIEW PERIODS 180 day ICC review in accordance with CCR, Title 15, Division 3, Section 3341.5 (c)(2)(A)1. 180 day ICC review in accordance with CCR, Title 15, Division 3, Section 3341.5 (c)(2)(A)1. 180 day ICC review in accordance with CCR, Title 15, Division 3, Section 3341.5 (c)(2)(A)1. 180 day ICC review in accordance with CCR, Title 15, Division 3, Section 3341.5 (c)(2)(A)1. 90 day ICC review MINIMUM LENGTH OF TERM REQUIRED FOR REVIEW OF SHU RELEASE 6 Years in accordance with CCR, Title 15, Section 3378(e) Minimum of 12 months prior to movement to Step 2. Minimum of 12 months prior to movement to Step 3. Minimum of 12 months prior to movement to Step 4. Minimum of 12 months prior to review for release to Step 5 in a general population or SNY setting MAIL Mail procedures and parameters in accordance with CCR, Title 15, Division 3, Subchapter 2, Article 4 Mail procedures and parameters in accordance with CCR, Title 15, Division 3, Subchapter 2, Article 4 Mail procedures and parameters in accordance with CCR, Title 15, Division 3, Subchapter 2, Article 4 Mail procedures and parameters in accordance with CCR, Title 15, Division 3, Subchapter 2, Article 4 Mail procedures and parameters in accordance with CCR, Title 15, Division 3, Subchapter 2, Article 4 29 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 Canteen draw limit Per CCR, Title 15, Section 3044 Privilege Group SDP @ 25% of the maximum monthly canteen draw (Presently would be $55 per month.) Canteen draw limit per CCR, Title 15, Section 3044 Privilege Group SDP @ 30 % Of the maximum monthly canteen draw (Presently would be $66 per month.) Canteen draw limit per CCR, Title 15, Section 3044 Privilege Group SDP @ 40% of the maximum monthly canteen draw (Presently would be $88 per month.) Canteen draw limit per CCR, Title 15, Section 3044 Privilege Group SDP @ 50% of the maximum monthly canteen draw. (Presently would be $110 per month.) May include limitations on what type of product can be purchased May include limitations on what type of product can be purchased May include limitations on what type of product can be purchased May include limitations on what type of product can be purchased One (1) photo upon completion of 1 year disciplinary free One (1) photo upon successful completion of Step 1 Two (2) photos upon successful completion of Step 2 Two (2) photos upon successful completion of Step 3 CURRENT CANTEEN PHOTO Canteen draw limit per CCR, Title 15, Section 3044 Privilege Group D @ ¼ (25%) of the maximum monthly canteen draw. (Currently $55 per month.) One (1) photo annually upon completion of 1 year disciplinary free 30 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 CURRENT PHONE Phone call on an emergency basis only as determined by Institution/ facility staff Phone call on an emergency basis only as determined by institution/ facility staff One (1) call allowed to an approved friend or family member upon successful completion of Step 1 Two (2) calls allowed to an approved friend or family member upon successful completion of Step 2 Four (4) calls allowed to a friend or family member upon successful completion of Step 3 T.V. AND RADIO May possess or purchase one (1) television or one (1) radio or one (1) television/ radio combination unit as may be available from vendor. Clear technology only. May possess or purchase one (1) television or one (1) radio or one (1) television/ radio combination unit as may be available from vendor. Clear technology only. May possess or purchase one (1) television or one (1) radio or one (1) television/ radio combination unit as may be available from vendor. Clear technology only. May possess or purchase one (1) television or one (1) radio or one (1) television/ radio combination unit as may be available from vendor. Clear technology only. May possess or purchase a TV and a radio or one (1) television/ radio combination unit as may be available from vendor. Clear technology only. 31 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 College programs and proctoring of college examinations. College programs and proctoring of college examinations. College programs and proctoring of college examinations. Observation/ Enhanced Privilege Phase and to include incell studies designed to enhance life skills e.g., anger management, and other cognitive skill based programming such as “Thinking for a Change”. Enhanced Program, Privileges and Peer Interaction Phase Transitional Program, Privileges, and Peer Interaction Phase Program components to include individual and group meetings that provide anger management, parenting, academic and substance abuse programs, and other self help groups. Program components to include Alternatives to Violence Program, Gang Anonymous, Cage Your Rage, The Change Companies Journaling system, and identified work and education programs within the housing unit. CURRENT SDP PROGRAM College programs and proctoring of college examinations. College programs and proctoring of college examinations. Observation Phase to include in-cell studies designed to enhance life skills e.g., anger management, and other cognitive skill based programming such as “Thinking for a Change”. Group meetings would be limited in size and will be facilitated with the offenders in individual therapeutic treatment modules. Group meetings would be made up of mixed gang affiliations to begin peer interaction. Group meetings would be limited in size and will be facilitated with the offenders in individual therapeutic treatment modules or unrestrained as determined by ICC. Group meetings 32 would be made up of mixed gang affiliations to begin peer interaction. SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 10 hours of individual yard or with compatible cell partner pursuant to CCR, Title 15, Section 3343(h) 10 hours of individual yard or with compatible cell partner pursuant to CCR, Title 15, Section 3343(h) At least 10 hours of individual yard or with compatible cell partner pursuant to CCR, Title 15, Section 3343(h) At least 10 hours of individual yard or with compatible cell partner pursuant to CCR, Title 15, Section 3343(h) Recreation will include the use of isometric and exercise equipment as determined and deemed appropriate. Yard interaction with inmates of diverse affiliations after 6 months of programming within Step 4. Meals consumed in cell. Meals consumed unrestrained in section with other SDP offenders. CURRENT YARD EXERCISE 10 hours of individual yard or with compatible cell partner pursuant to CCR, Title 15, Section 3343(h) Recreation will include the use of isometric and exercise equipment as determined and deemed appropriate. MEALS Meals consumed in cell. Meals consumed in cell. Recreation will include the use of isometric and exercise equipment as determined and deemed appropriate. Meals consumed in cell. 33 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 SDP STEP 4 Items listed in DOM, Section 54030.17, Authorized Personal Property Schedule and all other items as provided for in Current SHU. Items listed in DOM, Section 54030.17, Authorized Personal Property Schedule and all other items as provided for in Current SHU. Items listed in DOM, Section 54030.17, Authorized Personal Property Schedule and all other items as provided for in Current SHU. Items listed in DOM, Section 54030.17, Authorized Personal Property Schedule and all other items as provided for in Current SHU. Allow possession of playing cards as defined in DOM Section 54030.17.8 Games. Allow plastic tumbler; plastic bowl; pair of personal tennis shoes; combination of 10 books newspapers, or magazines; playing cards; and domino game. Allow plastic tumbler; plastic bowl, pair of personal tennis shoes; combination of 10 books; newspapers and/or magazines; photo album; chess, checker and domino game; and playing cards. CURRENT PERSONAL PROPERTY Items listed in DOM, Section 54030.17, Authorized Personal Property Schedule and for all SHU offenders an allowance of calendar, watch cap and gray or white sweats (no pockets, logos, or draw strings). In addition for those offenders disciplinary free for one year, 14 color pen fillers, 12 pastel color sticks, and 25 sheets of drawing papers. 34 SHU SDP STEP 1 SDP STEP 2 SDP STEP 3 Inmates in SDP permitted one (1) personal package per year not to exceed 30 pounds. Inmates in SDP permitted one (1) personal package per year not to exceed 30 pounds. SDP STEP 4 CURRENT PERSONAL PROPERTY PACKAGE Per DOM 54030.8 inmates in SHU permitted one (1) personal property package per year not to exceed 30 pounds. Inmates in SDP permitted one (1) personal package per year not to exceed 30 pounds. Inmates in SDP permitted two (2) personal packages per year not to exceed 30 pounds each. Non participation in the SDP or failure to complete program requirements and/or confirmed criminal gang behaviors during any program step, will require the offender to repeat or regress to a prior step as determined by the ICC. Upon an offender’s successful completion of Step 4, the offender would be released into the monitoring phase of Step 5 in the general population or SNY setting. The offender will remain on monitoring status within the general population or SNY setting unless the offender demonstrates new criminal gang behavior. An offender on monitoring status who is found guilty of a serious disciplinary offense will be returned to the ICC for review for consideration of loss of privileges and potential return into the SDP. Upon successful completion of steps 1-4, as determined by ICC and based on individual offender behavior, a male offender will be referred to the Classification Staff Representative (CSR) for endorsement to a Level IV, 180 Design General Population or SNY Facility for a 12 month observation period (Step 5) regardless of the offender’s placement score. If a determination is made by ICC, that the offender does not warrant 180 design housing the ICC will refer the case to the Department Review Board (DRB) for alternate housing consideration, e.g. Level IV/III 270 design facility. After completion of the 12 month observation period with no documented evidence of continued gang involvement, the offender may be placed in a facility consistent with his placement score and case factors. Upon the successful completion of steps 1-4, as determined by ICC, a female offender will be reviewed by ICC for release to the general population for observation and monitoring. 35 STG-I SHU PLACEMENT CRITERIA: STG-I Members Newly validated members shall be placed in Step 1 of the SDP based upon their validation as a member. If an offender selects to participate in the SDP, they will be allowed to progress through the process earning their return to a general population or SNY facility. For STG-I Members, each of the four steps is designed to be completed following 12 months free of gang behavior. As a result, the offender should normally complete the STG SDP in 48 months, providing they remain free of gang activity and demonstrate compliance with the program requirements. While in the program, if the STG-I Member exhibits criminal gang behavior(s), staff shall report the behavior using appropriate documentation, e.g. Counseling Chrono, Rules Violation Report, etc. The gang behavior once documented by the IGI will be referred to ICC for a program, privilege, or housing review. The behavior may lead to a loss of privileges, retention in the current step, or regression to a previous step. STG-I Associates STG-I Associates will not routinely be placed in SHU, based solely upon their validation. STG-I Associates discovered to be involved in serious disciplinary behavior and/or displaying gang behaviors will be issued a Serious CDC Form 115, Rules Violation Report (RVR), and considered for placement in segregation. If the Associate is found guilty of the charge or of a lesser included offense the associate may be referred by ICC to the Classification Staff Representative (CSR) for endorsement to the appropriate SHU to begin the STG SDP. STG-I Associates may be placed in a SDP when serious disciplinary and/or criminal gang behavior(s) are documented and confirmed to have occurred within 48 months of discovery of the behavior. Placement in the SDP will be based on specific criminal gang behaviors identified during or post STG validation. Placement into a specific step of the SDP will be determined by ICC dependent upon the severity and recency of the behavior. Source items that identify a criminal gang behavior older than 48 months may be used for validation purposes; however, such items cannot be used for placement in the SDP. At anytime during the SDP if the STG-I Associate exhibits criminal gang behavior(s), staff shall report the behavior on the appropriate documentation, e.g. Counseling Chrono, Rules Violation Report, etc. The documented behavior may be confirmed by the IGI and referred to ICC for loss of privileges, or program/housing review. The review may lead to retention in the current step or regression to a previous step, as determined by ICC. STG-II SHU PLACEMENT CRITERIA STG-II offenders are not currently subject to SHU placement based solely on gang affiliation and this proposal will not change this practice. However, with the implementation of this policy, STG-II offenders who engage in repetitive criminal gang behavior may be placed into the SDP by ICC. Examples of severe and/or repetitive gang related activity that may result in placement into the STG SDP through Classification Staff Representative (CSR) process for a STG-II offender include but are not limited to: 36 Homicide Battery with serious injury Extortion Recruitment of gang members Repeated involvement in gang related riots or batteries. Once in SDP, if the STG-II inmate displays criminal gang behaviors, the behavior may be confirmed by the IGI and referred to the ICC for a housing/program review. The ICC review may lead to loss of privileges, or retention in the current step or regression to a previous step. DETERMINATE SHU TERMS AND SDP PLACEMENT There will be circumstances where STG offender has committed an in-custody offense resulting in a determinate SHU term. ICC will continue to have the authority to suspend any portion of a determinate SHU term. As determined appropriate for STG I/II offenders, ICC may elect to suspend all or a portion of an existing determinate SHU term for placement into the SDP at Step 1. VIII. Debriefing The debriefing process is designed for, but not exclusive to, validated STG-I Members and Associates. Debriefing is the process by which a gang coordinator/investigator determines whether a STG-I Member or Associate has dropped out of a gang. CDCR currently has a comprehensive debriefing process as part of the gang management policy. CCR, Title 15, Division 3, Section 3378.1, details debriefing and this proposal does not alter that process. Debriefing is a comprehensive two step process, which includes an interview/investigative phase and an observation phase. An offender only takes part in the debriefing process upon their individual request. The purpose of the debriefing interview is to provide staff with information about the gang’s structure, activities and affiliates. A debriefing is not for the purpose of acquiring incriminating evidence against the debriefing offender. The object of a debriefing is to learn enough about the offender and the offender’s current gang to: Allow staff to reasonably conclude that the subject has dropped out of the gang Allow staff to reclassify the subject based upon their needs in conjunction with the security of the institution, as well as, the safety and security of staff and other offenders. To evaluate the sincerity of the offender for consideration of housing in a SNY setting The debriefing process provides law enforcement valuable information necessary to combat criminal gangs and criminal gang behavior in prison and in the community by providing valuable intelligence about the criminal gang. The debriefing report should include but is not limited to the following information: 37 Reason for disavowing the gang History of the criminal gang Identity of other known gang members Leadership structure within and outside of the prison Identity of person(s) ordering gang incidents Reasons for gang incidents (if known) Gang symbols Codes Mail drops Communication networks (mail, phones, notes, visits, etc.) Enemies Crimes (escapes, narcotics trafficking, weapons, etc.) Misuse of legal and or religious programs Associates/suspect information (family, friends, etc.) providing support for the gang. Community gang activities Future plans for the gang CDCR views the debriefing process as necessary to provide criminal gang members and associates an avenue to disavow the gang lifestyle and live a more productive and independent life, free from the criminal influence of gangs. If an offender elects to debrief while participating in the SDP they will not be required to complete the SDP. Rather, the offender will be subject to the Department’s current process which provides support to the offender through a Transitional Housing Unit (THU) in accordance with CCR, Title 15, Division 3, Section 3378.3. The THU provides a program of observation to evaluate that an offender has successfully disassociated from prison gang activity and is capable of programming in a general population like setting. IX. Implementation Process This model represents a significant change in CDCR’s current gang management strategy. Once approved for implementation, the changes must be incorporated thoughtfully, deliberately and methodically. Prior to finalization of this proposed policy, CDCR is seeking internal and external stakeholder review and feedback. Following stakeholder review and inclusion of any revisions to this proposed policy, CDCR will begin the regulatory process. In addition to promulgating regulations, CDCR must conduct statewide training for all staff and engage in discussions with appropriate labor organizations as this new gang management policy is a change in workload and current practices. CDCR will be further refining the STG SDP model and will be seeking resources for implementation of a meaningful gang interdiction program. Implementation of the Security Threat Group Identification and Management Strategy will not be delayed due to potential limitation of available resources. 38 In addition to the implementation of this new policy, CDCR will be conducting a case by case review for program determination of the existing STG population housed in SHU facilities. The program review of these offenders may release them from a SHU into a general population setting or place the offender into an appropriate step of the SDP. It cannot be overemphasized that changes of this magnitude in current housing of SHU offenders must be done in a thoughtful and security minded manner to avoid compromising the successful and safe implementation of this policy. Upon approval of this document, CDCR will develop new regulations consistent with this policy for submittal to the Office of Administrative Law. Subsequent to approval of this policy, CDCR will initiate a coordinated effort to conduct a case by case review of all existing validated gang members and associates housed in SHU. 39 Attachments Attachment A 2007 Study entitled Security Threat Group Identification and Management Attachment B Administrative Gang Directive (Draft) Attachment C Current Validation File (In Development) Attachment D Advisement of Expectations (In Development) Attachment E SDP Participant Contract (In Development) 40