NO TOUCHING ALLOWED

solitarywatch.org

No Touching Allowed for Many LGBTQ+ People in Prison

Sept 16, 2021


After a Thanksgiving Day meal, “J,” who was incarcerated at North Central Correctional Institute in Massachusetts, complained of a stomach ache. His friend Carlos, who requested to be identified by his first name only, leaned down from his top bunk and rubbed J’s head jokingly. “There, there,” he said, as the men laughed. Later that day, Carlos, who identifies as gay, was taken to solitary confinement in the Special Housing Unit (SHU). 

Carlos’s friendly head pat had been noticed by a correctional officer, who told him, “I don’t care what you are, but you’re a man, and what I saw was PREA.” The officer was accusing Carlos of violating the rules laid out in the Prison Rape Elimination Act, a 2003 federal law that aims to protect incarcerated people from sexual violence by establishing clearer procedures, collecting better data, and providing resources to correctional institutions. 

Fortunately for Carlos, other prison officials took his side and he was soon released from the SHU. But he should never have been there in the first place: Platonic physical touch, like his interaction with J, is not prohibited by PREA standards. Despite his unfair placement, Carlos’s weekend stay in “the hole” caused him to permanently lose his place in his housing unit and, therefore, his job, as well as the good time credits he had built up to reduce his sentence by participating in programming.

Carlos’s story is not unique. Although PREA was backed by many advocacy groups and passed by Congress with unanimous bipartisan support, a law is only as good as its implementation. From Carlos’s letter to Solitary Watch, multiple interviews with other formerly and currently incarcerated individuals, and accounts from advocates, it is clear that PREA’s intent is at times being twisted or misinterpreted to cause additional harm. 

Correctional officers in many prisons and jails prohibit platonic touching, issue disciplinary infractions based on their own personal biases and beliefs instead of the official rules, conflate consensual sex with rape, and appropriate PREA standards not to protect, but to punish. This misuse of PREA leads to unfair punishment, including time in solitary confinement, and is far more likely to affect LGBTQ+ individuals, who are already incarcerated at disproportionately high rates. Several LGBTQ+ people also emphasized to Solitary Watch how their treatment in the system was further compounded by their racial identities. 

Punished for Platonic Touching

Michael Cox, executive director for Black and Pink Massachusetts (which is not affiliated with the national organization of the same name), had an experience similar to Carlos’s. When he was incarcerated in the same Massachusetts prison in 2011, Cox and his friend—both of whom were openly LGBTQ+—hugged goodbye in the prison yard. He said correctional officers approached them, led by a lieutenant, who ordered, “Lock them up.” 

When Cox asked why they were being punished, he was told the hug was a PREA violation. Like Carlos, he spent the weekend in solitary before the administration reviewed his case and let him out.

“It was very apparent that it was just a hug,” Cox said. “And even if the suspicion was that we were in an intimate relationship, that shouldn’t be enough to put someone in solitary confinement. It is stigmatizing for LGBT people that we are treated differently than others while in the system. It happens all the time.”

In the largest-ever survey of incarcerated LGBTQ+ individuals, 85 percent of the 1,118 respondents reported spending time in solitary confinement—half of whom said they were in solitary for two or more years. The survey, which was conducted by Black & Pink, a national nonprofit organization that advocates for the abolition of prisons, further found that respondents of color were twice as likely as white respondents to have experienced isolation. Transgender individuals were especially likely to be placed in solitary, often as “protective custody,” a form of solitary confinement used with the intent of removing people from unsafe environments. 

And although PREA does not ban hugging, some prisons have. Kelly Savage-Rodriguez, a program coordinator with the California Coalition of Women Prisoners (CCWP), was incarcerated in a California prison for almost two decades; for eight years of that time, the prison had a memorandum prohibiting hugs. 

She said the ban made her job as a grief counselor more difficult. “It was really inappropriate when we would have somebody who the sergeant or captain notified of a loss, and [the individual] couldn’t even get a hug in a serious grief moment,” Savage-Rodriguez said.

Risks of Consensual Relationships

While platonic touching is prohibited in certain prisons and jails, consensual sex is banned almost everywhere, and often leads to time in solitary. But some people who are in consensual relationships are targeted by correctional officers more so than others. Savage-Rodriguez, for example, was incarcerated in the same facility as her spouse, both of whom are white. They were allowed to remain housed together, which Savage-Rodriguez believes was because they looked feminine and led programming in the prison.

Krystal Shelley, an activist who also works at CCWP, was not as fortunate. Shelley, who does not identify as male or female and is Black, said that while they were sharing a cell with their partner at Valley State Prison for Women, correctional officers planted a shank under their mattress. Shelley was sent to the SHU.

“It was falsified documentation upon me, just due to the fact that they did not want me living with my partner,” Shelley said. Then a second shank was planted under their bed, they said, leading to another six-month stay in solitary.

Dominique Morgan, the executive director of Black & Pink and a Black trans woman, was punished with solitary confinement and separated from her partner as well during her incarceration. At age 19, Morgan entered the Omaha Correctional Center, an adult facility for men, after having spent many of her teenage years in juvenile detention. Around that same time, she started to identify as female.

Morgan met Doug, who was incarcerated in the facility as well, and fell in love. They made plans together for when they got out; they introduced each other to their families. Morgan leaned on Doug as she grieved the death of her father. “I was building a family in a space where I felt alone,” she said.

But after two years, their consensual sexual activity was reported by another incarcerated individual, and they were sent to solitary for 90 days, which she says was an unusually long stint. 

“The irony was that I would see people who were being pressured [into sex], and the state would never step in in those situations,” Morgan said. 

After those 90 days, Morgan and Doug were sent to solitary in separate prisons—Morgan to a maximum security facility. The review board at that facility repeatedly recommended her release from solitary, but each time the warden appealed to keep her in.

“I remember thinking: ‘I’m not violent…I’m stuck in this hole. I’m scared. I’m alone,’” Morgan said. “It was sad to realize it was all because of my sexual orientation and gender identity.” 

After 18 months, the American Civil Liberties Union (ACLU) of Nebraska intervened, and Morgan was released from solitary. 

“I was happy to [go to the general population], but I was even more afraid because you took me from a minimum security prison and then you are going to put me in the general population in the supermax prison?” Morgan said. 

She added that this happened 20 years ago, and she is hearing similar stories from incarcerated people now.  

PREA Problems Abound

The PREA Resource Center (PRC), which is funded by the U.S. Department of Justice (DOJ), is charged with carrying out the work of PREA by implementing training sessions and reviewing audits. The PREA standards require all correctional facilities to track incidents and undergo PREA audits at least once every three years, which are conducted by third-party individuals trained and certified by the DOJ.

Since the PREA Standards were implemented, reports of sexual victimization filed by correctional officers have increased significantly, according to the Bureau of Justice Statistics. Researchers at the Urban Institute believe that the increase in reports may be a sign that incarcerated individuals are increasingly likely to trust the system now that PREA has been in place for some time.

Yet, experts are still concerned about the usage of the policy.

Amy Fettig—the executive director of the Sentencing Project, a nonprofit fighting against mass incarceration—was trained as a PREA auditor and spent years working to help finalize the standards in her former role as deputy director of the ACLU’s National Prison Project. 

Many are concerned that PREA is “being used as a sword instead of a shield,” Fettig said. “Anecdotally, we have heard from clients that affectionate behavior is being criminalized because there is animus towards the LGBT community in prisons.” 

But this is not the law’s intent. Fettig said that correctional officers and facilities are interpreting the law differently. “PREA doesn’t say no touching…I think when we have seen PREA abused, it is more about homophobia than anything else.”

Cox, from Black and Pink Massachusetts, agrees. He said he does not believe he would have been punished for giving a hug if not for PREA. In his view, after their training, “the takeaway from guards was that anything LGBT-related is now criminalized.”

Julie Abbate, the national advocacy director for the nonprofit Just Detention, which works to end sexual abuse behind bars, noted that physical touch is complex.

“In men’s facilities, what looks like what might be consensual [to staff] could be what is called ‘protective pairing,’ where somebody who is maybe more vulnerable agrees to pair up with a stronger inmate and provide sex in exchange for protection,” she said. 

But women’s behavior is often different from men, according to Abbate.

“Women have platonic relationships oftentimes where they might hold hands, or hug each other, or put their arms around each other.” She, too, said she has heard of certain jurisdictions incorrectly punishing platonic touching as alleged PREA violations.

To address this, correctional staff should receive a “deeper, nuanced training and understanding of human sexuality,” Abbate said, as well as better training for the signs of coercive or protective relationships.

Morgan, from Black & Pink, believes PREA generally leaves too much discretion in the hands of correctional officers. “You left the power in the institutions who were harming them [incarcerated individuals] in the first place,” she said.

Some of the PRC’s weakness stems from a general lack of resources, as well as a reliance on private contractors to act as the auditors overseeing PREA implementation, Fettig said. She would rather see more power and authority in the hands of a government oversight agency.

Abbate said the PRC has taken on an increased workload since its creation, to the point where it could double in size. 

Asked to comment on Solitary Watch’s findings, the PREA Resource Center provided a statement saying that if facilities request support in “achieving and maintaining compliance with the PREA Standards,” the PRC and PREA Management Office offer assistance. Requests from facilities “regularly” pertain to protecting LGBTQ+ individuals, according to the statement.

Long-Lasting Trauma

Being sent to solitary confinement for any length of time or for any reason can have devastating mental health effects. Since his time in solitary for platonic touching, Carlos said he has developed issues with anxiety. “The sound of keys and [hand]cuffs ‘triggers’ me—even a phone ringing or my name being called by an officer,” he wrote to Solitary Watch.

Isolation has also left an indelible mark on Shelley, who spent two one-year stints in solitary confinement, as well as additional sporadic time throughout their incarceration. Although they came home in 2012, they said the experience of solitary continues to make it harder to communicate, which in turn makes everyday tasks difficult.

“It is 2021. Solitary confinement is still affecting me today,” Shelley said. “I tend to want to be alone often…And don’t get me wrong, I go out—but I definitely don’t go out and live life as much as I should.”

#MeToo Behind Bars Rally

On Wednesday October 30th, over sixty people rallied in front of the CDCr office building in Sacramento to demand an end to the sexual and gender-based violence that has targeted trans and gender non-conforming (TGNC) people in California’s prisons. The spirited gathering marched, chanted and listened as many formerly incarcerated people denounced the sexual and physical abuse they endured while inside prison.  Stacy Rojas, lead plaintiff in a lawsuit filed against the CDCr about the assaults, described their efforts to document incidents of guard abuse which led to a brutal attack against them and several other people in 2015.  Another speaker explained that “we are only asking for them to be held accountable. The (prison) system is designed to hurt people who don’t conform. When you speak out about that, you become endangered.” 

The rally was a powerful expression of outrage at repeated experiences of harassment and violence.  It also demonstrated a fierce determination to work to ensure changes for those who remain behind bars. Demands included an end to the assaults and targeting of TGNC people in prison; a strict process to hold guards and staff accountable for abusive actions; and an end to retaliation against whistleblowers who report abuses.  Plans are underway to hold a statewide Peoples Hearing in 2020 that can clearly expose what’s going on in prisons in California and all over the country and mobilize broad grassroots support for demands for change. 

Dejohnette is CCWP’s Inaugural Charisse Shumate Fellow!

It is a great honor to be the first Charisse Shumate fellow.  I promise to do her name justice!

CCWP is thrilled to announce that Laverne Dejohnette will be the inaugural fellow. We are starting this fellowship program to honor the life and legacy of Charisse Shumate, one of our incarcerated founding members.  Charisse was a lead plaintiff in the 1995 lawsuit Shumate v. Wilson, which challenged the abusive, inhumane health care in California’s women’s prisons, amounting to cruel and unusual punishment. In the very first issue of The Fire Inside newsletter, which she helped start, she wrote, “If walls could talk, we would not have to beg for help.” She was a survivor who was punished with a life sentence for defending herself against domestic violence. Charisse pushed forward the conversation about the criminalization of women who resisted and embodied the phrase that she used repeatedly, “It’s not a me thing, it’s a we thing.”  Charisse died in August 2001 of complications of sickle cell anemia that was never treated adequately inside prison.  The Charisse Shumate Fellowship carries on her powerful spirit.

Dejohnette was released from prison in June 2019 after serving 26 years of a Life Without Parole (LWOP) sentence.  When Dejohnette first came to prison, Charisse was one of the elders who helped to educate her about the need to stand up for the rights of everyone inside.  After years of being resigned to her LWOP sentence, Dej began to actively advocate for commutations for herself and others inside. Right before Dejohnette was due to be released from prison, she worked with Brandi Taliano to create the quilt with CCWP’s logo that she is holding in the picture above.  Dejohnette wants to use the fellowship to speak and advocate for people in women’s prisons and inspire others to be Fearless, Together and Unified.  Dejohnette says, “It is a great honor to be the first Charisse Shumate fellow.  I promise to do her name justice!

Charisse repping The Fire Inside

Brown grants 73 More Commutations for People with LWOP!

 

CCWP is so happy to share the news that on December 24, 2018 Governor Brown granted 73 more commutations for people with Life Without Parole (LWOP) sentences.  13 of these are for people in women’s prisons most of whom CCWP has supported with their commutation process.  60 are for people in men’s prisons. Brown also granted 58 commutations for people with other sentences and 143 pardons. Copies of the gubernatorial commutations and pardons can be found at:

 https://www.gov.ca.gov/2018/12/24/governor-brown-grants-executive-clemency-4/

Through his unprecedented number of  LWOP commutations Brown is recognizing the injustice of LWOP and other forms of extreme sentencing.  Thank you to all who have supported the DROP LWOP campaign in so many ways!

Let’s build the momentum in 2019 with Governor-elect Newsom to win commutations for all 5,000+ people with LWOP sentences and end LWOP and all forms of extreme sentencing!

CCWP Victories in 2018

“You encouraged me to tell my story, then you actually listened. You made others listen.  You CARED.”

-Laverne Dejohnette, LWOP sentence commuted by Gov. Brown on 8/17/18

Dear CCWP Community,

2018 has been a year of important victories and significant growth for CCWP. We are especially thrilled that our DROP LWOP campaign has contributed to an unprecedented number of commutations for people with LWOP (Life Without Parole) sentences by Governor Brown. So far, 17 people in women’s  prisons and 55 people in men’s prisons received commutations dropping their LWOP sentences!! Governor Brown has commuted an additional 80 people from life or long-term sentences. Several women formerly sentenced to LWOP who we work closely with have now been released after their successful Parole Board hearings. They now add their powerful leadership, commitment and experience to work outside prison.

We have been able to build the campaign with the critical leadership of many formerly incarcerated people, family members, advocates and organizations. Most crucially we have progressed with the full participation of people in the women’s prisons in all aspects of the campaign. See The Fire Inside #58 for more details.

We Will Continue to Expand DROP LWOP in 2019 With Your Help!

Some of our plans for DROP LWOP in 2019 include:

  • Reaching out to Governor-elect Newsom to urge him to commute the sentences of all 5,200+ people currently serving LWOP in California, and ultimately to eliminate LWOP from the California Penal code.
  • Planning a statewide strategy session about the elimination of LWOP sentencing with representatives from organizations doing similar work in other states.
  • Hiring a dedicated staff person to anchor the campaign.

    More Highlights of Our Work in 2018

    • Co-sponsorship and advocacy for important legislation signed into law including SB 1437, BESTT Practices Act, which changes CA’s felony murder law and will bring sentencing relief for a significant population of people in women’s prisons; AB 2533, Dignity and Care Act, improving access to basic needs for prisoners in poverty; SB 1393, Fair & Just Sentencing Reform Act, to end the mandatory application of the 5-year sentence enhancement for serious priors; SB 960, Annual Reporting on Suicides, requiring CDCR reporting on suicides and suicide attempts and improving suicide prevention practices; AB 2845, Pardon & Commutation Reform Act, increasing transparency and accessibility in the pardon and commutation process.
    • Building the #MeToo Behind Bars lawsuit and campaign which challenges a pattern of brutal physical and sexual assault against trans, gender non-conforming and queer people in the women’s prisons.
    • Growing a strong, vital chapter in Los Angeles which includes a formerly incarcerated CCWP program fellow, expanded prison visiting teams to CIW, and monthly prison correspondence gatherings. The L.A. chapter held a very successful Benefit Art Auction in August, a major energizer for CCWP’s grassroots fundraising efforts.
    • Participation in a number of major national conferences, including the FreeHer conference in Tulsa, Oklahoma, Sept. 2018; the FICPFM conference in Orlando, Florida, Sept. 2018; and the National Women’s Studies Association conference, Atlanta, Georgia, Nov. 2018.
    • Moving our office to the new Freedom and Movement Center building in Oakland, purchased by Legal Services for Prisoners with Children, home to LSPC, All of Us or None, CCWP and more.

    All of this crucial work requires resources

    • Salaries for our expanding staff and fellows.
    • Expenses for prison visits including car rentals, gas and food for the people we visit.
    • Stipends for the formerly incarcerated members of our Spitfire Speakers’ Bureau.
    • Printing and mailing costs for The Fire Inside newsletter.

    Please accept our invitation to be part of this work in 2019 by becoming a monthly sustainer. If this isn’t possible, please make a generous year-end donation now. Please also consider planning a legacy gift for the future through a bequest, a living trust or a beneficiary designation.

    All donations of $100 or more will receive a packet of hand-crafted cards, created by former political prisoner Linda Evans, as a thank you for your generous support.

     

    Please help us build on our successes of 2019 which have moved forward our core commitment to decarceration and advanced the building of community across prison walls based on justice and love.