The Injustice & Retaliation by the California Department and Rehabilitation (CDCR) towards Hunger Strikers in Prison

In 2015, CDCR began to release hundreds of inmates out of the SHU (Security housing unit) through the dedicated work of inmates on hunger strike attorneys and family support. CDCR vowed to do away with long-term isolation (SHU) and gang validation. But time has passed, and things are beginning to change.  CDCR is still trying to lock down certain inmates, specifically those involved in the hunger strike. The only difference now is that CDCR is doing it underhandedly by transferring state inmates to BOP (Board of Prisons); they will be placed in the SHU (ADX Colorado).  Housed in the most restrictive conditions and denied CDCR rehabilitation programs.

The CDCR secretary believes they have the power to relinquish the primary jurisdiction of state inmates without the Governor’s consent.  But, under state law, only the Governor or state sentencing courts can relinquish the primary jurisdiction of an inmate’s state life sentence. CDCR has abused its power and underhandedly worked with BOP to manipulate the system since California no longer houses inmates long-term in the SHU and BOP still does. CDCR is now saying they can relinquish primary jurisdiction so we can be housed in the SHU.

CDCR California State Prison, Nacht & Lewis Photo Gallery

Here is the proof:  in September 2022, CDCR agreed underhandedly, along with BOP, to transfer thirteen (13) California state inmates so they can be housed in the BOP in the most restrictive conditions.  All inmates were serving a state life sentence and had previously participated in the Pelican Bay SHU hunger strike. Even though at the time all inmates were only being charged in a federal racketeering case (Quiet Storm), CDCR already presumed they were all guilty and agreed to relinquish primary jurisdiction to BOP. In the eyes of CDCR, there was no innocent till proven guilty. This means CDCR believes they have the power to transfer any inmate to BOP SHU without even being found guilty of any federal crime. CDCR’s way of thinking is not only retaliatory but also biased. After almost three years of CDCR withholding the agreement, finally, in January 2025, a federal judge ordered CDCR to disclose it. The underhanded agreement showed what was believed. CDCR stated they are relinquishing the primary jurisdiction of (13) inmates who were being federally charged. CDCR’s purpose was so they can be housed in more restrictive conditions due to being purported gang members. CDCR did not want them to return to CDCR; most importantly, it showed the agreement was not signed by a court or Governor. It was not an official certified document.  The letter was solely signed by a former CDCR secretary named Kathleen Allison; see attached letters. The law of relinquishing primary jurisdiction of an inmate is complex and can be confusing. Let me explain in the simplest terms: relinquishing primary jurisdiction only happens when a sentence is complete, such as through release bail, dismissal of charges, parole or expiration of sentence.  This would mean the sentencing court or Governor can only relinquish primary jurisdiction of an inmate serving a life sentence. The CDCR secretary does not have the power to stop, interrupt, change or commute a state life sentence. The authority of the CDCR secretary is clearly outlined in Title 15 3076 (a) & (b).  The CDCR secretary only has the power to recommend a sentence.

When relinquishing primary jurisdiction is not done correctly/unofficial, this means the inmates are still doing their state life sentence, but in BOP if this occurred, then CDCR violated their due process and equal protection rights by failing to ask each inmate for their consent in being transferred to another jurisdiction required under California penal code 2911.  What is more shocking is that when nine (9) of the inmates got federally sentenced (4 still pending), all received a federal “consecutive sentence”.  A federal consecutive sentence means it can only start under law once the first pre-existing sentence is complete.  In this case it would be their state life sentence. Instead of the inmates being returned to CDCR after federal court proceedings were terminated, they have all been transferred to BOP. CDCR ignored this court order and still forced the illegal transfer by placing a detainer on each inmate which states that their sentences are imposed to run concurrently, this NOT true.

If this is not enough, the CDCR officers who gathered the intelligence to manipulate this transfer were demoted for officer misconduct. These CDCR officers and the Salinas Valley State Prison warden allowed inmates to have cell phones so long as they gave up intel within prison walls. This was self-admitted by the officer in the trial (case * United States v. Cervantes No. CR-21-0000328 YGR). These CDCR officers would text informants housed in prison and used that intel collected to federally indict the thirteen inmates' names in the agreement.  CDCR has gone to great lengths to keep this scandal from the public.  This is a warning to all those who opposed California’s long-term confinement (SHU) and defended prisoner’s rights. CDCR has not changed and will never change if we don’t continue to speak up and stand up against these dirty tactics. Right now, CDCR believes they are above the court system and Governor by transferring inmates to BOP with no due process. Please share this without others and make them aware.

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SHU kick out in Solidarity

*Those who would like to attend the sentencing hearing:

June 17, 2025 8AM

Northern District Court

1301 Clay Street Courtroom 1, 4th Floor

Oakland, CA 94612