Adam Spencer, The Triplicate

A Pelican Bay State Prison inmate says a "security/welfare check" policy implemented Aug. 3 has caused him and others sleep deprivation and demanded the policy stop.

A letter to the secretary of the California Department of Corrections and Rehabilitation from John R. Martinez, a prisoner held in Pelican Bay's isolated Security Housing Units that were the subject of a landmark settlement Tuesday, says the security/welfare checks take place every 30 minutes preventing inmates from sleeping.

In his letter, Martinez notes the policy has been justified to him by Coleman v. Brown, an ongoing federal court case covering all California prisoners with serious mental disorders, according to CDCR's website.

In 1995, "The Court said that prison officials violated the cruel and

unusual punishment clause of the Constitution because they did not

provide adequate mental health care" and the case continues to influence

CDCR's policies for providing prisoners with mental health care.

"However, as you know, or should know, Coleman applies to inmates

with serious mental illness," Martinez wrote in a letter to Jeffrey

Beard, secretary of CDCR. "However, as you also should know, I and

inmates similarly situated do not suffer from serious illness. Moreover,

these so called security/welfare checks do absolutely nothing to

prevent mental illness. To the contrary, they cause mental impairment

through serious sleep deprivation."

CDCR spokesperson Terry Thornton said the checks are not just for

suicide prevention, but also for the security and welfare of the

inmates.

Martinez's letters indicate he's not convinced.

"These security/welfare checks are counter-productive to their so

called intended purpose (mental health care) and serve zero legitimate

penological purpose other than to harass and mentally torment us

prisoners. (Note: we are unable to sleep as we are awoken every 30

minutes)," Martinez wrote.

In a response to a cease and desist letter regarding the checks,

Warden Clark Ducart, cited a May 2014 CDCR memorandum saying the checks

were to further CDCR's efforts to combat inmate suicides.

Beard addressed the new welfare check program during his confirmation

hearing in June 2013, saying ""I'm very hopeful that as we move forward

that we will see the [inmate suicide] numbers come down totally and in

segregation units as well."

According to a May 2013 memorandum, correctional officers will

perform "three welfare checks per hour at staggered intervals not to

exceed 30 minutes" on prisoners held in segregation units like the SHU.

According to the memo, welfare checks were conducted during the first

21 days of an inmate's stay in an Administrative Segregation Unit, but

the checks could continue beyond 21 days "when deemed clinically

indicated."

In 2013, prisoners' rights advocate group Legal Services for Children

raised concerns about the welfare checks causing sleep deprivation and

the timing of the policy coming right before a planned prison

system-wide hunger strike.

This time, the resurgence of the wake-up policy comes weeks before

CDCR's settlement of a class-action lawsuit from Pelican Bay inmates

claiming long-term solitary confinement violates their rights against

cruel and unusual punishment.

Martinez started a short hunger strike to denounce the current checks

causing him sleep deprivation. In a letter announcing his strike he

stated:

"Deprivation of sleep is a common form of torture and has no place in

a civilized society. Sleep is a basic human need and a fundamental

constitutional right and I shouldn't have to be starving myself so I and

my fellow prisoners can get some sleep."

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