DEBRIEFING POLICY OF PELICAN BAY SHU SHOWS SIGNS OF CRACKING
The first concrete victory against the dreaded debriefing policy has been scored at Pelican Bay Prison under the dogged JHL (jailhouse lawyer) leadership of a prisoner inside the Security Housing Unit. It may be the first step toward justice for prisoners housed indefinitely inside the SHU.. Many pending legal actions will now be better armed to challenge Validation, Debriefing, and Indefinite SHU placement which are all affected by the 1998 OAL Determination No. 35 (Docket no.. 95-001) in re Steve Castillo Pursuant to Government Code Section 11340.5; Title 1, California Code of Regulations, Chapter 1, Article 3. Determination by Edward G. Heidig, director.
Castillo asserted that the debriefing policy was a regulation and therefore should have been adopted under the rules of the Administrative Procedures Act which govern all state agencies in lawfully executed policy. According to the California Court of Appeals in Grier vs. Kizer, an informal rule which creates a presumption is a "regulation." On November 13, 1998, the OAL issued a 20-page ruling agreeing with Castillo. The OAL found that the Department of Corrections had two underground regulations: (1) "A presumption that a gang member in a SHU will engage in conduct which will severely endanger the safety of others or the security of the institution, if he is released from the SHU" and (2) "In order for a gang member housed in the SHU to be released, the inmate must show that his presence in the general inmate population does not present an immediate threat to the safety of the inmate or others or endangers institution security pursuant to 15 CCR Sec. 3335 (last amended I988), by undergoing a debriefing that verifies that the inmate is a gang dropout and is no longer a gang member."
The courts might find a way to still favor the "prison state." OAL decisions are advisory in nature and not binding. However, Castillo has a case pending in Sacramento Superior Court on precisely the same issue. In addition, Castillo has a federal civil rights case pending in the Northern District of California that raises related issues. The struggle will continue to unfold, and prisoners must always take the lead in seeking redress and justice from within the belly of the iron beast and not rely solely on outside attorneys and organizations like CPF which, while assisting Castillo in processing and supplementing the legal materials with the OAL, looked to the prisoners themselves ultimately for general guidance, patience and perseverance under extreme pressures. Keep it going and never surrender.