Letter from John Martinez
California Dept. of Corrections (CDCR) Denies Educational Programs to Prisoners in the S.H.U. (Security Housing Units) Sensory Deprivation Cells!
Letter from John Martinez (SHU Prisoner) #J52893
4B-3R- #25
P.O. Box 3481
Corcoran, CA 93212
to: Anthony Freese, Facility Captain
Division of Adult Operations
Marisela Montes, Chief Deputy Secretary
Division of Education, Vocation & Offender Programs
Office of Correctional Education
California Dept. of Corrections & Rehabilitation
P.O. Box 942883
Sacramento, CA 94283-0001
Re: Notice of Change to Regulations, No. 07/11; Denial of Education for SHU Prisoners
Dear Mr. Freese/Ms. Montes:
I am writing to articulate my opposition to the above rule change and the complete lack of education for prisoners house in segregated housing resulting from this rule change. Especially for we the prisoners administratively segregated (for an indeterminate term) based upon our ethnic status (i.e., non-disciplinary reasons).
As you know, or should know, the CDCR went into a partnership with Coastline Community College in order to afford prisoners academic education and the opportunity to receive an Associates Degree. This initially applies to prisoners in the S.H.U. as well and appeared to reflect the CDCR's views on education pursuant to DOM Section 53090.1 which states: "The goal is to provide prisonrs with educational, occupational, and social skills to help them function better int he facility and upon return to society." Indeed, in a press release dated July 25, 2007 on the CDCR's website, Ms. Marisela Montes was found stating:
"Inmates who leave prison prepared with the right education and skills can make positive contributions to the community. Giving inmates the tools they need to succeed upon release will reduce recidivism and improve public safety."
Ironically, however, the institution cancelled Coastline Community College for prisoners in segregation (SHU) pursuant to an approved property list recently implemented under DOM Section 64030.19.5 which disallows correspondence courses to prisoners in the SHU. The CDCR has gone one step further by attempting to include this arbitrary ban in the California Code of Regulations (CCR). (See Notice of Change to Regulations, No. 07/11 at page 40).
Needless to say, the Notice of Change to Regulations No. 07/11 which disallows correspondence courses to SHU prisoners defeats the purpose of the CDCR: rehabilitation and education and reducing recidivism and improving public safety. It is also in direct conflict with Title 15 CCR 3343(k) and DOM Section 53090.9.
CCR 3343(k) mandates in pertinent part: "Inmates assigned to Segregated Housing Units will be permitted to participate and have access to...... EDUCATION." Further, DOM Section 53090.9 also states: "Educational services may be provided to inmates housed in SHU's."
In light of these authorities and the goal of the CDCR, why are we the prisoners in segregation being singled out for disproportionate treatment? To deprive us of an education is counter-productive and a violation of our civil rights under the First Amendment and Penal Code Sections 3600 and 2601, as the proposed rule change banning correspondence courses looks as legitimate penological interest. It also amounts to intentional ethnic discrimiantion which is easily proven by the fact that prisoners with Privilege Group C are allowed correspondence courses. Such prisoners are voluntarily unassigned and deemed program failures. A classification that we are not due to our good behavior and willingness to participate in an assignment. This is a direct violation of our Equal Protection rights under the Fourteenth Amendment and there is no rational basis for the discriminatory treatment whatsoever.
If anything, a legitimate penological interest would be to allow (and even require) prisoners in segregation to receive an education for those exact reasons stated by Ms. Montes in the press release and to give meaning to DOM Section 53090.1. And for those of us prisoners able to pay for our own education and textbooks with a desire to enroll in different colleges, there is simply no justifiable reason to obstruct that.
WHEREFORE, myself and other prisoners similarly situated oppose the Notice of Change to Regulations No. 07/11 that disallows correspondence courses to prisoners in segregation. There is no legitimate penological interest to justify this rule change and no rehabilitative goal is served by denying us equal educational opportunities.
Respectfully submitted,
John Martinez
