TIME SENSITIVE ACTION ALERT - Solidarity, not Solitary

The DropLWOP community has learned that CDCR (California Department of Corrections & Rehabilitation) is issuing regulations on the use of solitary confinement. They are doing so using the emergency rulemaking process, which would limit public comment on regulations to just 5 days.

Because the regulations were posted Oct 4, and the 5 calendar days include the weekend and Monday is a holiday, there is very limited time to submit public comments up to the end of business TODAY! This is an outrageous abuse of the rulemaking process that is specifically designed to limit public comment and marginalize the movement to challenge solitary in California.

The regulations have not been made available on the OAL website, further limiting the ability for the public to track or provide meaningful comment on what is taking place, but are available for review here: https://drive.google.com/drive/folders/1gXaSPV_yDzgz1LskQz5B91-m875H5u_d?usp=sharing 

The proposed regulations would double down on the use of solitary confinement, simply by another name. While renaming units as “restricted housing,” people could still be locked alone in cells or cages upwards of 21 to 24 hours a day without access to meaningful human contact or programming, while also being denied contact visits and regular communication with their loved ones. The regulations would permit people to be locked in these solitary units for months, years, and even indefinitely; lengths that amount to torture under the United Nations standards.

If you are interested in submitting public comment about the Emergency Procedure invoked to pass these regulations, or if you want to provide feedback on the substance of the regulations you can do so by sending an email to these addresses; staff@oal.ca.gov cc: joshua.jugum@cdcr.ca.gov

Sample email below:

Hello,

I am submitting a public comment for 2023-1004-01EON.

[Insert your name, background and connection to the issue here]

On Sept 29, 2022 Governor Newsom directed CDCR to issue regulations on the use of solitary confinement as part of his veto message for AB 2632, a bill that would have legislated reform on the issue.

Now, more than a year later, CDCR is invoking the emergency rulemaking procedure to enact these regulations with limited opportunity for public comment. The release of these regulations on Wed. Oct 4, and the fact that Monday Oct 9 is a holiday for many people, functionally leaves 3 business days for public comment on these regulations.

The proposed regulations are not publicly available on the OAL website, further limiting the ability for the public to track or provide meaningful comment on what is taking place. 

The regulations have not been shared in a manner that allows those who have friends, family, loved ones or clients inside these facilities to obtain meaningful feedback or understand how it would impact the lives of those inside these facilities. 

The fact that these regulations have been timed to be released on the final week that the Governor can sign or veto bills, further indicates a scheme to use them as the basis for a legislative veto in the event that legislation on solitary confinement reached the Governor's desk. 

The fact that CDCR took one year to produce these regulations, and seemingly previewed them with select stakeholders months ago, are all facts that OAL should take into consideration with respect to the use of the emergency rule making process. In this case, limiting public comment to 5 days would hurt the public interest on an issue that deserves transparency and due process. 

Solitary confinement is an issue of human rights and public safety, but invoking that as the basis for emergency rulemaking that limits public comment is abuse of this process and should not be allowed. 

Regards,

[Your name, organization if applicable]