Inmates and Integration
The Bernard L. Schwartz Fellows Program, New America in California
To be honest, it didn't look like racial segregation. I was
standing among long rows of metal bunk beds in a room where 36 men of different
races -- black, white, Latino -- live together more or less peaceably. But the
setting was a dormitory for minimum-security inmates at the Sierra Conservation
Center, a prison in Tuolumne County
near Yosemite, and in such places, unwritten
rules apply.
One of the rules is that each bunk must be shared by two men of the same race.
The bunks are close together. A white inmate could probably shake hands with a
black inmate in a neighboring bunk without either man having to get out of bed.
But that's a horizontal matter. Vertically, prison politics require that each
bunk be occupied by two men of one race. Beside someone of another race, yes.
Above or beneath, no. I didn't ask about diagonal.
Well-meaning Americans have long debated how best to
encourage racial integration. Should government be aggressive in bringing it
about quickly? Or should we rely on social evolution to achieve it more slowly
and organically? In the case of California's
prisons, however, the informed answer to these questions has generally been ...
neither. Segregation, prison officials have suggested, is just fine with us if
it prevents violence.
That's because California
is cursed with race-based prison gangs, entities that originated in the state's
corrections system during the 1960s and 1970s. (They include the Aryan
Brotherhood, the Black Guerrilla Family and La Nuestra Familia, to name a few.)
Because racial violence is central to prison-gang mores, the California
Department of Corrections and Rehabilitation, or CDCR, has long followed
unwritten rules of segregation in the interest of keeping the peace. In Level I
and Level II units, which are minimum-to-medium security (Level IV is the
highest level of security), inmates and staff alike honor the
one-race-to-a-bunk-bed rule. When a bed in a "black" bunk opens up,
for instance, only a black person is assigned to it, even if a white inmate is
available to fill the spot.
In Level III and Level IV units, where prisoners generally live two to a cell,
whites room with whites, Latinos with Latinos, blacks with blacks, and so
forth. Corrections officers avoid assigning men of different races to a
two-person cell, and inmates avoid requesting roommates of a different race.
But that's all about to change. In 1995, a black inmate named Garrison Johnson
filed suit against the state, protesting that race-based cell assignments were
unconstitutional. The case eventually went to the U.S. Supreme Court, and in
2005, Johnson effectively won. Although attorneys for California argued that
cell-level segregation helped to reduce violence among prisoners, a
five-justice majority held that allowing race to be the deciding factor in cell
assignments -- even when an inmate wasn't affiliated with a gang -- would be
likely to "breed further hostility among prisoners and reinforce racial
and ethnic divisions."
As a result, the CDCR came up with a plan to desegregate its cells. Phase one
of the plan (training staff, consulting outside experts and interviewing and
assessing California's inmates) is complete, say prison officials, and now it's
time for phase two -- actual integration -- to be rolled out in prisons
statewide. One of the first in line is the Sierra Conservation
Center, which has already
made the switch in Level III and will start breaking the existing racial codes
in Level I and Level II dormitories sometime in the next few weeks. I visited
hoping to determine whether the state was embarking on something laudable or
merely something dumb.
Let's start with "laudable." In July 2007, the Sierra Conservation
Center quietly made its
Level III unit into a "Sensitive Needs Yard," or SNY, a facility
specifically for inmates who (either because of the type of crime they've
committed or the type of enemies they've made) seek out special housing away
from the general population. The former inmates were reassigned to new prisons,
and all the newcomers were assigned to racially integrated two-person cells.
(No one was physically forced to integrate, but inmates are punished and lose a
raft of privileges, such as family visits, if they resist.)
According to the CDCR's Lt. Rodney L. Kirkland, who oversaw the transition, the
results have been surprisingly positive. Within the cells, inmates have adapted
to their roommates. Even outside the cells, inmates of different races can be
seen sitting together at mealtime.
"Before we integrated, I had three riots involving four to five hundred
inmates each -- in February, April and June," Kirkland recalled. "Since the
conversion, we get a lot of little fistfights, disagreements and that type of
stuff, but no riots whatsoever." In part, this is because SNY prisoners
tend to be more compliant than regular Level III inmates, because unruliness
can cause SNY inmates to be expelled from their protective housing back into
the general prison population. But even by SNY standards, Sierra was apparently
quite tranquil, an outcome that none of the staff I spoke to had anticipated.
When I talked to them, the inmates in Level III offered a variety of views on
their integrated quarters, but no one, to my surprise, condemned the new policy
outright. One complaint I heard came from Greg Oliver, a 41-year-old white
inmate, who lamented that he was no longer free to choose whom to room with.
But the issue wasn't race, he said, as much as culture, age and religion --
factors he felt reduced the likelihood of finding a good cross-racial match.
I was especially struck to hear some inmates more or less praise the new
policy. Pacing down the cellblock and picking one integrated cell at random, I
encountered a pair of cellmates -- white and Latino -- who were openly
enthusiastic about the change. "I was a skinhead for years," said
Bryon Fields, 42, giving a friendly nod to Jorge Luis Gonzalez, 39. "I
never could've lived with somebody like this before, and at first I had issues
with it. But after three weeks of living with this guy, right here, he's taught
me a lot, and I've taught him a lot. ... This guy is probably one of the best
guys I've ever lived with." Both men have at various times been offered a
chance to switching cells and roommates, but have preferred to stay where they
are.
It seems, based on the peaceful rollout so far, that the Supreme Court has been
vindicated, at least at Sierra's SNY unit. Under the old policy of deferring to
racial fault lines, California's
correctional system had most likely been doing just what the court feared:
reinforcing existing divisions and possibly making things worse. Now, under the
new policy, far from feeling resentful at being "forced" to get
along, many inmates apparently are relieved. I felt that the CDCR was on balance
doing the right thing for the Level III inmates I met.
But let's move on to "dumb," which was the consensus among the
prisoners I spoke to in Level I, which will have integrated bunks in a matter
of weeks. (That means that when a bed opens up, the first prisoner checked in
takes it, regardless of the ethnicity of the man sleeping above or below him.)
We already live together in one big integrated room, went the argument, so why
does the CDCR need to take things further and make trouble?
"It's going to mess up my program," said Matthew Simmons, a
21-year-old white inmate. Like most inmates in Level I, Simmons wants to join
the prison's firefighting program. (Over 2,000 prisoners with records of good
behavior are assisting in California's
fight against this summer's fires.) Now he fears a nonwhite guy might be
assigned to a bunk above him, a scenario in which prison politics dictate that
Simmons must raise a fuss. "I'd have to say, 'Dude, can you get off [the
bunk],' " Simmons explained.
Why? Because if Simmons doesn't try to prevent a nonwhite man from
sharing his bunk, then white inmates will assault Simmons for violating the
existing code of racial separation. This seems to be the worry of most of
Sierra's Level I inmates, regardless of their race. They feel stuck: Either
they can refuse to cooperate, hurting their chances of getting into
firefighting camp or even getting out of prison early, or they can go along
with the new rules and get attacked by fellow inmates. The inmates I met didn't
seem angry about the coming change, just sad.
I had very mixed feelings about what I saw in Level I. From the perspectives of
both law and simple decency, letting racial taboos dictate bunk-bed assignments
is unacceptable. On the other hand, I doubt that the new policy in Levels I and
II will be especially helpful to prisoners -- either in terms of rehabilitation
or quality of life. Integrating two-person cells in Levels III and IV has the
potential to change how prisoners think and feel (I've got to live with this
non-white guy, and -- what do you know -- he's not as bad as I thought he'd
be). But that's not really the case in Levels I and II, where men of all races
already share large rooms. Integrated bunk beds don't really put men in closer
touch. (That guy used to sleep four feet to my left. Now he sleeps four feet
above me.) After all, when 36 men of various races can tolerate 100-degree heat
and get along in a room originally built for 16, that's surely a sufficient
lesson in tolerance already.
It's also worrisome that the burden of the new policy in Levels I and II is
likely to fall most heavily on an unlucky few. Level III at Sierra was
integrated almost entirely at once, so that everyone in the unit was in the
same position and no single inmate was placed on the racial front lines. Levels
I and II, however, will be phased in gradually, meaning that a handful of
prisoners will be the first to face a situation in which someone of a different
race is assigned to their bunk.
Unlike in Level III, they won't be alone with just one other man -- a situation
in which either man is on more or less equal footing and insulated from close
scrutiny by fellow inmates. They'll have more than 30 pairs of eyes on them.
Given the pressure they will face from fellow inmates to resist such
integration, this simply seems unfair -- and even dangerous.
Of course, regardless of fairness, the state will ultimately have its way, and California's prisoners,
after some initial resistance, will no doubt learn to live with it. "We
always make it work," prison spokesman Lt. Jimmy Hurtado told me,
referring to other unpopular changes, such as banning tobacco and cramming even
more bunks into each cell. However unruly these men may have been outside, once
incarcerated, they are fully at society's mercy.
But Simmons' dilemma -- fight or be jumped -- sticks with me, and the burden we
Californians may be placing on him and others like him strikes me as a heavy
one, especially given the modest aim of musical bunks in question. I can only
hope the long-term benefits to Simmons and his fellow low-level inmates
outweigh the costs they'll soon be expected to pay.











