California Department of Corrections & Rehabilitation
In-Cell Racial Integration Plan
INTRODUCTION
In 1987 an African American offender named Garrison Johnson was incarcerated in
California Department of Corrections and Rehabilitation (CDCR). Throughout
offender Johnson's incarceration he was housed with other African American offenders
based on his race. In 1995, he filed a complaint with the United States District Court
alleging a violation of his right to equal protection under the Fourteenth Amendment.
On July 5, 2005, Johnson amended the original complaint and filed a fourth amended
complaint alleging a violation of Equal Opportunity Rights. The District and Ninth Circuit
courts found in the Department's favor. The Supreme Court, however, remanded the
case back to the Ninth Circuit to apply the "strict scrutiny" standard. Once the case was
remanded to the 9 1h Circuit Court, the parties agreed to mediation. The CDCR has
since then entered into a mediated agreement that stipulates that CDCR will no longer
use race as the sole determining : factor in housing at Reception Centers (RC). This
agreement has prompted the development of a CDCR Racial Integration Housing Policy
and Action Plan that addresses both RC and General Population institutions. The
primary goal of this plan is to ensure that the implementation of racial integration in
CDCR receptions center and institutions is completed in such a way that maximizes
institutional security and control. The CDCR will make every effort to ensure that the
security of the institutions, officers, or offenders is not compromised with unsafe housing
practices related to racial integration.
The development of this plan, including related strategies, involved the use of Subject
Matter Experts from the field representing the, related disciplines and classifications that
would be instrumental in planning and implementation. The CDCR also sought out and
included consultants who have assisted other states in obtaining successful integration
of their offender populations. The CDCR executive level staff toured other states prison
systems that have successfully integrated their populations and utilized these tours to
garner information and documentation for best practices concerning the racial
integration of offenders. This information and insight has been factored into this plan.
The CDCR Racial Integration Plan represents a unanimous agreement on strategies for
implementation from those who participated and represented the stakeholders.
CDCR RACIAL INTEGRATION POLICY STATEMENT
It is the policy of the CDCR that an offender's race will not be used as the sole
determining factor in housing its offender population. This policy will ensure housing
practices, including racial integration, are made in such a manner as to ensure to the
maximum extent possible that the safety, security, treatment, and rehabilitative needs of
offenders are being met, as well as the safety and security of staff and the institution are
maintained. All offender housing assignments shall be made on the basis of rational,

objective criteria, taking into consideration each individual offender's safety, security,
and rehabilitative needs. These assignments shall also include the overarching
guidelines and directives as outlined in existing departmental policy mandates including
those of Clark, Armstrong, Plata, and/or any other plans or policies which pertain to
offender housing assignments.
PRE-IMPLEMENTION STRATEGIES & REQUIRED INFASTRUCTURE
Effective Communication of Racial Integration Plan
Prior to the implementation of this plan, the department will distribute a Housing Policy
to staff and offenders that reflects CDCR and the Court's expectations that race will not
be the sole determining factor for offender housing assignments unless security and
safety can only be achieved by taking into account race and racial tensions in housing
offenders. The notice will also provide the CDCR policy and plan for implementation as
a whole, using Effective Communication guidelines (See attachment This notice will
be distributed to the offender population in. County Jails, RCs, and General Population
institutions. Management will meet with local bargaining units to discuss
implementation. Management will ensure that both Men/Women's Advisory Counsel as
well as Community Stakeholders, such as, the Prison Law Office, Citizens Advisory
Counsels, etc., are notified regarding the policy and implementation of racial integration.
Racial Integration Training
In-depth training will be provided to Executive, Administrative, Supervisory,
Classifications, Receiving and Release, and Control personnel. This training will
include the following subjects.
•
•
•
•
•
•
•
•

Education on positive aspects and importance of integration.
Review of CDCR policyand implementation plan.
Review and application of housing procedures.
Review and application of classification procedures.
Racial Integration eligibility criteria and coding.
Documentation requirethente.
DDPS modification & housing applications.
Legal aspects concerning'the Use of race in offender housing assignments.

All CDCR employees who work in an institution/facility, minimum support facility or RC
will be required to receive documented training on the CDCR Racial Integration Policy
and their local operating procedures for racial integration.
Networking with County Jails '
Effective implementation of racial integration will require networking with county jails.
This networking will include a proposed unilateral racial integration policy and/or viable
methods of providing racial integration from, the time of incarceration at county jail

I 0/25/2005 01120005

through both the RC process and institutional housing. The proposed policy and/or
methods will also include the standardization, enhancement, and in some cases
automation of transitional documentation and offender information. This component will
provide better information by which to make sound correctional decisions and expedite
the housing process.
Behavioral Management Units
Effective implementation of racial integration will require Behavioral Management Units
(BMU) and/or other secured housing options. These housing options will provide the
CDCR with the ability to effectively manage the segment of the offender population that
would otherwise resist integration efforts. The BMU also provides other housing
strategy options for a multitude of issues the Department currently faces such as,
recalcitrant offenders, gang management, or those otherwise deemed as
non-programming. Offenders housed in BMLI would have limited privileges and
designated work/privilege group 'C/C status. These offenders would also be required to
participate in programs designed to increase self-control and accountability. Offender's
who are not restricted from a ,racially integrated cell and have been housed in BMU's
due to their refusal to comply with•the CDCR racial integration housing policy will be
given the opportunity to reconsider compliance. If compliant, the offender will
subsequently be re-housed in accordance with the. policy. Compliance may also result
in the removal of C/C status and the subsequent return of privileges.
Information Technology and Integrated Housing Codes
The CDCR will update the Distributed Data Processing System (DDPS) fields to include
coding that will be used to identify an offender's racial eligibility. The coding will include
the following:
The codes below represent the application of all coding options that will be used to
delegate an offender's eligibility and/or-restrictions:
•
•
•
•
•
•

RR—Racially Restricted (can live only with member of own race).
RE—Racially Eligible (can live with member of any race).
RW—Restricted White (restricted from ceiling with white offenders for rational
and objective reasons)..
RB—Restricted Black (restricted from ceiling with black offenders for rational and
objective reasons).
RH--Restricted Hispanic (restricted from ceiling with Hispanic offenders for
rational and objective reasons).
RO—Restricted Other (restricted from ceiling with Other e.g., Asian, Indian, etc.,
for rational and objective reasons. '

10/25/20051.0/12/2005

Facility & Housing Unit Boards
Using existing operational practices, RCs and Institutions will ensure that facility
housing/picture unit boards and ' building/vying housing bed cards or picture boards are
in place and updated regularly to reflect offender information. Custody staff will be
required to add the additional information regarding the offender's racial integration
housing eligibility code, weight, and height to the card stock currently used to track
offender movement within the facilities. In keeping with current practices custody staff
will use this information to facilitate inter-facility bed moves (e.g., compatibility,
emergency, custody level change, etc.).
Physical Plant Modification
Some institutions will require physical plant modification and/or revision of intake
process. During the 1882 process, staff will provide for a confidential area (e.g., provide
sight and sound separation from other offenders) for all offenders being interviewed
during the intake process at Receiving and Release. The type of modification may
include the use of a cubical, office space and/or modification of an existing counter top
to include barriers similar to those Used by, a teller at a banking facility.
RACIAL INTEGRATIONFLAN AND TIMELINE
Scaled time line "for detailed time lineyeference refer to racial integration action plan"
Phase I, March 2006
•
•

•

DDPS Systems modifications
Reception Center and
Institution racial eligibility
coding of incoming offender
population
Pilot Behavioral Management
Units

Phase II, March 2007

Phase III, March 2008

• Implementation of integrated • Implement integrated housing
housing in Sensitive Needs
through attrition and new
and
Minimum
Support
arrivals at Reception Centers
Facilities
and Institutions.
• .DDPS housing automation
featUre.

Phase I Racial Eligibility Coding for Reception Centers
Beginning March 2006, Offenders who arrive at Reception Centers will be interviewed in
accordance with the existing CDCR 1882 process. Additional questions will be asked
to determine racial integration eligibility. This information will be recorded on the
CDCR 1882 and entered in DDPS during the housing process (Note: In Phase I of racial
integration, offenders will continue to be housed in accordance with existing practices at RCs
regardless of their racial eligibility status). Phase I will involve incremental implementation

of coding at reception centers beginning with DVI. The expectation is that all RCs will
be in compliance with phase I, by March 2007.

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Receiving and Release Responsibility for Racial Eligibility
Offenders arriving at RCs will be interviewed in accordance with the existing 1882
process. During this process staff will ensure that the interview is conducted in an area
that provides for confidentiality. The attached 1882 has been modified to include five
additional questions. Three of these questions will provide initial information that will be
used to determine the offender's racial eligibility along with additional housing
information. The remaining two questions will be used to determine potential risks for
sexual victimization or predatory'behaviors.' This information will aid in making sound
custodial decisions in housing, sexual assault prevention and intervention, while also
providing viable data for the Prison Rape Elimination Act. Receiving and Release staff
will use the information provided during the interview as well as the supporting
documents received from the counties and parole authorities to determine the offender's
eligibility for a racially integrated housing assignment. The initial determination of
eligibility will be as follows:
Racially Restricted
During the RC Intake process, offenders who respond to questions indicating they have
been the victim and/or perpetrator of a , racially motivated crime will initially be
considered racially restricted and coded (RR). This will be reflected on the CDCR 1882
and subsequently entered into DDPS by control room personnel during the housing
process. Offenders who are deemed racially restricted for rational and objective
reasons will not be precluded from integration in other aspects of institutional operation
and housing, such as in an integrated %cellblock, dormitory settings, and/or work
assignments when integration commences (Note: Offenders who are deemed racially
restricted are not precluded from a racially integrated cell the entire duration of their
sentence. Offenders will be periodically re-evaluated as to the eligibility status for a racially
integrated cell using the normal Annual Classification Review processes).
Racially Eligible
Those offenders who indicate that they have not been a victim or perpetrator of a
racially motivated crime, in addition to being evaluated on other rational objective
criteria, will be deemed racially, eligible for an integrated cell assignment. Eligible
offenders who simply refuse or prefer to be housed with another race(s) will be coded
as racially eligible (RE).
Partial Eligibility
•
Offenders may be considered fully eligible for integrated housing with any race (IRE) or
partially eligible for integrated housing with certain races. For example, a Black
offender may be determined to be ineligible to live with Hispanic offenders, but eligible
to live with White offenders or Black offenders. This offender would be coded (RH),
meaning restricted from living with ,Hispanic offenders only.

10/ 25/ 20051.0/1'/'005

Coding Application
The offender's eligibility status for a racially integrated cell will not be used to facilitate
housing in Phase I of implementation. Race eligible coding is only intended to provide
the foundation for the implementation of the CDCR integration housing policy during
Phase III of the plan.
Control Room Responsibilities
In keeping with existing procedures Control Room staff will be responsible for locating
housing and entering the offenders information into the appropriate DDPS fields. The
control room personnel will ensure that the racial eligibility housing code noted on the
CDCR 1882 is entered into the new DDPS field. Control room staff will continue to use
the existing manual housing index card system and ensure that an additional notation of
the offender's racial eligibility code, weight, and height are transcribed on the index
card. Control will continue to use the housing index cards to assist in housing the
offender in keeping with pre-existing practices.
Data Collection & Records Retention
All questionnaires and/or COCA : 1882's will% be retained and stored for the provision of
evidence based information, future program modification, and integration management.
Phase I Racial Eligibility Coding for Institutions
Phase I racial eligibility coding for institutions will begin in March of 2006. Institutions will
begin coding offenders housed attheir location using the existing Annual Classification
Review process. The Unit Classification Committee (UCC) will review pertinent case
factors, and available documentation including but not limited to the 1882. UCC shall
use the following criterion to determine and/or validate the offender racial eligibility:
•

Current or prior institutional adjustment problems where racial beliefs and
attitudes were a motivation factor, in the offender's disciplinary record (e.g.,
offender assault, cell partner assault, sexual assault, fighting, victim of an
assault, involvement in aigroup disturbance between offenders of other races,
sexual harassment, extortion, or other events).

•

Offender has been placed in, or requested placement in, safekeeping or
protective custody, or has been placed in security housing, during current or
previous incarceration (e.g., disruptive group affiliation, victim of racial assault or
threatened assault, sexual harassment, or extortion).

•

Current or prior offenses or convictions where racial beliefs and attitude were a
motivating factor in the commission of the offense.

I ()/25/2005:10-1 2/2005

• Statements made by the offender which may indicate a potential safety or
security problem relative to the offender's housing assignment, including
statements which reflect racist beliefs and attitudes. Such statements may only
be considered insofar as they lead to the reasonable belief that the result of incell integration would be a breach of security, control, safety and rehabilitation of
the offender as well as the safety and security of other offenders and staff in the
institution.
This information will be used to determine eligibility for integrated cell housing. The
information will be recorded on a CDCR 128 G, using existing UCC documentation
processes and subsequently coded into DDPS (Note: Regardless of coding, offenders will
continue to be housed in accordance with existing practices referenced in Phase 1).
Receiving and Release, Control;.-Classification and Facility personnel responsibilities
will remain consistent in application as described in Phase I. In the event the offender is
coded racially restricted (RR), the specific reasons for such restriction must be clearly
documented.
The UCC will not solicit any information from the offender regarding his/her personal
preference or racial prejudices: Supporting documents and the offender's cell
assignment eligibility code must be noted on the 128 G classification chrono and
subsequently entered into DDPS. The codes and corresponding definitions listed in the
Information Technology section ,of this plan will be available at the time of
implementation.
Phase II Implementation of Racial Integration of Sensitive Needs and Minimum
Support Facilities
The CDCR will tentatively begin. racially integrating offenders at Sensitive Needs and
Minimum Support Facilities in March of 2007. During the implementation process and
after offender's eligibility has been determined via the classification process, their
eligibility code will be entered into DDPS: After this has occurred, institutional personnel
will begin to use these codes to assist in any future housing changes (e.g., compatibility
moves, new arrivals, etc).
Offenders, who are racially eligible but refuse to comply with the CDCR racial
integration policy in Phase II, or .become violent or disruptive in an attempt to be
rehoused in a racially segregated cell, shall receive progressive discipline. If found
guilty, and the offender continues to receive progressive discipline, he/she shall be
placed on C/C status via the classification process and subsequently rehoused in a
BMU. The exception to this rule are those offenders who through no fault of their own
have been deemed racially restricted due to a history of race-based victimization (Note:
Offenders who are deemed racially restricted are not precluded from a racially integrated cell
the entire duration of their sentence. Offenders will be periodically re-evaluated as to the
eligibility status for a racially integrated cell using the normal Annual Classification Review
processes). Receiving and Release, Facility, Classification and Control Room personnel

I

0/25/2005 10/1 n/1 0)5	

7

responsibilities will remain consistent in application as described in Phase I and Phase
II of this plan.
Phase Ill Simultaneous Implementation
The CDCR will tentatively begin phase Ill in March 2008. Phase III will require that all
CDCR offenders have a designated racial eligibility code. Institutions and RCs will
simultaneously implement racial integration. Implementation will require staff to begin
using the eligibility coding as a method to house offenders through attrition (e.g., new
arrivals, transfers, bed compatibility moves , etc.).
Institutions will continue to factor in other considerations that would impact the safety
and security of the institutions, , but will house racially eligible offenders on a first
available and appropriate cell basis without regard to race. Offenders who refuse to
comply with the CDCR racial integration policy shall receive progressive discipline and if
found guilty will eventually be re-housed in a BMU be placed on C/C status via the
classification process.
Housing and Discipline
Upon implementation of racially integrated housing, new arrivals and/or offenders who
require movement and are deemed racially eligible will be housed in the first available
and appropriate cell. If the first available cell is not appropriate, Control Room
personnel will progress to the next available cell' which meets the offender's housing
needs. • Control will use the offender's racial eligibility code, height, and weight to
determine viable housing. In keeping with current practices, control and housing
personnel will also factor in other available information that would present immediate
risk or safety concerns such as. gang affiliation and or single cell status. Control will
continue to ensure that current housing policies regarding special category offenders
covered under Clark, Armstrong, Coleman, and Plata remain in place when housing.
Offender movement will be initiated using existing departmental practices, inclusive of
CDCR 154 offender movement forms, DDPS and housing and control room index
cards. Offenders racial eligibility code will be factored and into each step of the above
process.
If after the offender housing ha's been determined, the offender refuses to double-cell,
staff shall apply the same basic principles outlined in the Departments Double-Cell
Housing Policy. This includes the following:
• The offender's refusal of . a direct order to double cell is considered a serious
disruption of facility operations, , per California Code of Regulations (CCR),
Title 15, Section 3315(a)(2)(C), and the offender's act of disobedience creates a
potential for violence or mass disruptive conduct, per CCR, Title 15, Section
3315(a)(3)(H). For refusing to accept a double cell assignment, the offender will
be issued a California Department of Corrections (CDC) Form 115, Rules

I 0/25/20054M 2n005

Violation Report, charging him or her with the specific act of "Refusing a Direct
Order," a Division F level offense.
•

Upon adjudication of the above CDC Form 115, staff shall attempt to double-cell
the offender by physically escorting the offender or prospective cellmate to the
designated cell. If the offender refuses to double-cell or accept the prospective
cellmate, the offender shall be issued .a CDC Form 115 charging him or her with
the specific act of "Willfully Delaying/Obstructing a Peace Officer in Performance
of their Duties," a Division D level offense.

•

At any time, if the offender conveys to staff a threat against any prospective
cellmate and the threat prevents staff from double-ceiling the offender, the
offender shall be issued a CDC Form 115 charging him or her with the specific
act of 'Willfully Delaying/Obstructing a Peace Officer in Performance of Their
Duties by Means of a Threat," a Division D level offense (Penal Code [PC]
Section 69).

• At any time if the offender willfully threatens the prospective cellmate with death
or great bodily injury and causes the prospective cellmate to reasonably be in
sustained fear for his or her safety, the offender shall be issued a CDC Form 115
charging him or her with the specific act of "Threatening the Life of (another
offender)" or "Threatening Serious Bodily Injury to (name of person)," a Division
B level offense (PC Section 422)- pursuant to CCR Section 3323 (d)(7). The
offender shall also be placed in ASU and, if found guilty of the offense, shall be
assessed a SHU term and referred to a Classification Staff Representative (CSR)
for review of a determinate SHU term. If found guilty of multiple "Threatening the
Life of (name of person) or "Threatening Serious Bodily Injury to (another
person)" offenses, the offender shall be referred to a CSR for review of an
indeterminate SHU term.
•

If the offender's verbal statements directed toward the perspective cellmate do
not rise to the threshold of a felony level threat (the offender does not threaten
the prospective cellmate with death or great bodily injury and causes the
prospective cellmate to:reasonably be in sustained fear for his or her safety), the
offender shall be charged with the specific act of "Conduct Which May Lead to
Force and Violence," a Division-F level offense.

Racially restricted offenders will-be housed in.the first available and appropriate cell, but
because of objective criteria, will r be precluded from a racially integrated cell. Racially
ineligible offenders will, however; , be periodically reevaluated as to their eligibility for an
integrated cell.
In cases where institution has :multiple facilities and levels but only one BMU an
offender can be moved from one facility to the next as outlined in the December 18,
2002, memorandum titled "Classification and Parole Representative Approval For

10125/200510/12/1005

Movement To A Higher Or Lower Facility," signed by W. A. Duncan, Deputy Director,
Institutions Division (See attachment).

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10

Special Housing Categories
Housing assignments for offenders in special status categories and/or those who fall
under court litigated agreement (Armstrong, Clark, Coleman, and Plata) shall be made
in accordance with procedures outlined herein.
Special status offenders in classifications such as CCCMS, EOP, Developmentally or
Physically Disabled or other treatment programs shall not be assigned to two-person
cells on a random basis as outlined in this policy. These special status offenders shall
be housed in accordance with. the Plans and Administrative Directives governing those
programs.
Temporary Suspension of Random Assignments to Racially Integrated
Two-Person Cells
A. Random assignments to racially integrated two-person cells may be temporarily
suspended at a unit (in a specific housing area, custody, or the entire unit) under the
following circumstances:
1. Current race relations and level of racial tension is creating a security risk in the
unit such that the unit Warden believes that a continuation of assignments to
racially integrated two-person cells on a random basis would constitute a violation
of safety and security. This risk may be indicated, for eXample, by a notable
increase in stockpiling l ot 'commissary, notable increase in informant activity,
notable decrease in offender participation in out-of-cell activities such as chapel,
dayroom, gym, library, etc.; notable increase in refusals to work, notable increase
in request for housing moves to other cells or cellblocks, notable increase in rule
violating behavior, etc.
2. A significant increase in racially motivated incidents at a unit such that
the Warden believes that a continuation of assignments to racially integrated
two-person cells on a random basis would be a violation of safety and security
requirements.
3. Occurrence of a serious, racially motivated incident at a unit which the Warden
believes would make the continuation of assignments to racially integrated
two-person cells on a random basis, a violation of safety and security
requirements (e.g., a racially motivated incident involving multiple offenders
during which offenders were injured and state property was destroyed, etc.).
B. In the event that the Unit,WaMen determines that a temporary suspension
of random assignments to racially integrated two-person cells is required,
he/she will contact the appropriate Associate Director and request a
temporary suspension of random assignments to racially integrated twoperson cells. The Warden will specify if the suspension is necessary for a

10/25/2005 1 0/ 1 2/)005

I

specific housing area or areas, a specific custody or custodies, or the
entire unit. If the Associate Director concurs with the Warden, the written
request will be forwarded to the Deputy Director for a final decision.
Extensions of the suspension period may be granted by the Deputy
Director upon the written request of the Warden and approval of the
appropriate Associate Director. The Warden will resume random
assignment procedures prior to the expiration of the suspension period if
conditions are conducive to random assignments to racially integrated
two-person cells. Notification of such resumption should be forwarded to
the appropriate Associate Director and the Deputy Director.
C. When a serious, lacially motivated incident occurs in a unit and the
Warden determinesthat offenders involved in the incident who are housed
in cells with offendersof other races may be endangered as a result of the
incident (e.g., in the event of a lockdown following a racial disturbance),
these offenders - may be reassigned to non-integrated cells on an
emergency basis..,. The appropriate Associate Director and the Deputy
Director will be notified immediately of the emergency action taken and the
reasons for suchl action. Regular housing assignment procedures will be
resumed upon resolution of the incident. If after immediate resolution of
the incident (e.g., at the time the offenders are placed on lockdown status)
the Warden determines that a temporary suspension of random
assignments to racially integrated two-person cells is required, he/she
shall follow the procedures for requesting suspension as outlined above.
Guidelines for Determining Racial Motivation
The guidelines for the definition of II racially, motivated" including "racially motivated
incident," are outlined below. These guidelines must be followed by all staff charged
with the responsibility for implementing the. Plan for In-Cell Integration. The following is
a general definition of the term "racially motivated."

Racially Motivated: Where racial beliefs or attitudes were either the cause or a

contributing factor.

The fact that an incident involved !offenders of different races is not in and of itself
sufficient to make the determination that the incident was racially motivated. There
must be some indicator(s) that the incidentwas either the result of the racial attitudes or
beliefs of one or more of the offenders involved, or the fact that the incident involved
offenders of different races and it ;was determined to be a contributing factor to the
seriousness of the incident. Indicators that a particular incident may have been racially
motivated include, but are not lin-kitsc:to the following:

10/25/200510R 2/2005

A.

Circumstances surrounding the incident.
EXAMPLE: Incident involved a group of Black offenders fighting a
group of Hispanic offenders in the cellblock dayroom.
Immediately prior to the incident, Black offenders had been
lined up on one side of the dayroom and the Hispanic
offenders on the Other side, preparing to fight.

B.

Context in which the incident occurred.
EXAMPLE: A unit has experienced multiple one-on-one incidents of
White versus Hispanic offenders at the same work site, in
the same dayrooms, etc., within a short period of time and
there is some reason to believe (based on statements
made by the offenders involved) that these incidents were
the result of racial tension in the housing area.

C.

Statements made by the offender(s) either during or following the incident which
indicate why the incident occurred, including racial slurs made by one of the
offenders involved in the incident.
EXAMPLE: Following, a fight between a White and Black offender in
their cellblock. dayroom the White offender stated that
"These'
'have been dogging me for too long and I
just couldn't take it anymore."

The fact that racial slurs were used does not necessarily indicate that the incident
was racially motivated. The determination that a particular incident was racially
motivated must be made on the basis of the facts surrounding that incident.
D.

Information provided by,a reliable offender informant.
EXAMPLE: An informant gives information to the shift supervisor
regarding,;,. circumstances surrounding the incident
which indicate that the incident may have been racially
motivated, although the participants themselves refuse to
cooperate during the investigation.
E. One or more of the offenders involved in the incident has a history of expressed
attitudes of racial hatred, and/or has made numerous threats of violence (general
or specific) against offenders, of other races.
EXAMPLE: A Black offender was heard on different occasions (by staff
and other offenders) making statements of a derogatory
nature againstWhite offenders, indicating that if and when

10/25/200510/ 1 2/2005

13

the chance presented itself, he would show those "
"who was running things. A short time later, the offender is
found assaulting a White offender in the dayroom because
the White offender, who was new to the cellblock, sat down
on the "Black" dayroom bench.
F.

Recent pattern of involvement in incidents against offenders of other races.
("Recent pattern" is defined - as th'ree'Or more incidents in the past 24 months.)
EXAMPLE: A Hispanic offender had been involved in three (3) different
incidents of fighting without a weapon during the past six
months where the victim in each incident has been a Black
offender. Although the Hispanic offender refuses to make
any statementS 'regarding the motivation of the incidents
(i.e., he will not say if any incidents were racially
motivated), it appears that the offender has a pattern of
assaultive behavior against Black offenders which may in
fact be racially motivated.

Racial Balance
The CDCR will continue to monitor racial balance within its housing units. This will be
accomplished using existing practices and procedures to include preexisting DDPS
administrative report and manual 'systemth Institution personnel will continue to take
appropriate steps in its daily operations and housing to ensure that given the totality of
the residing population that its living environment are safe, secure and racially
balanced.
If you have any questions or require clarification contact, Associate Warden,
Gary Swarthout, at 916-322-9502 or 916-761-1169.

JOHN DOVEY
Director
Division of Adult Institutions

1 0/251200510/12/2005

14