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Historic Settlement Ends CA Indefinite Solitary Confinement

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Federal Judge Claudia Wilken this week approved the final agreement to end indefinite solitary confinement in California calling the settlement humane, innovative and fair.

 

Prisoners celebrated Tuesday’s settlement agreement, whose terms were agreed on last September, claiming it as a victory that bolstered their struggle for human rights.

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Oakland civil rights attorney Anne Weills, one of the attorneys representing the prisoners, said, “What was missing from the courtroom were all the prisoners who risked their lives in the hunger strikes of 2011 and 2013.”

 

Attorney Anne Weills speaks at a press conference in Oakland.

Attorney Anne Weills speaks at a press conference in Oakland.

 

“Yes, our litigation team did the best we could to bring our clients out of indefinite solitary confinement and into the light of day – but there is no doubt that we could not have gotten where we have with this settlement without the leadership of the brilliant, courageous, fearless and enlightened men in the Short Corridor at Pelican Bay who in 2011 set this all in motion,” she said.

 

The Center for Constitutional Rights released data showing the agreement has already led to the transfer of hundreds of prisoners from segregated housing units back to the state’s general prison population.

 

 

Between preliminary approval of the California settlement in October and Jan. 22, 686 out of a total of 1,813 prisoners entitled to reviews under the settlement have been reviewed for release into the general prisoner population; 546 of the prisoners reviewed, nearly 80 percent, have been cleared for release into general population; and 437 have actually been released from solitary confinement.

 

The vast majority of prisoners who have been reviewed but not cleared are awaiting a higher-level prison review; most are expected to be released into general population as well.

 

The settlement requires all first-level reviews to be complete within one year.

 

Jules Lobel, the attorney representing the Center for Constitutional Rights said “we look forward to the full implementation of all its terms.”

 

One of the longtime prisoner organizers, Mutope Duguma, cautions, “The power of the legal support and the family/community support is what literally humanized us prisoners to the rest of the world. The countless families and friends did a remarkable job in representing us from an emotional and human perspective and our legal support represented our civil and human rights, and together they re-humanized us as men and women.”

 

“This is what made it possible for us to be able to demand such a settlement. It is with this family, community, and legal support that we demand accountable implementation of the settlement. We know what works so let’s stay the course,” he said.

 

A recently released letter written by one of the main representatives of the prisoners asks that prisoners “Monitor and report on the functional implementation of prison conditions and California Department of Corrections and Rehabilitation (CDCR) employees, holding their feet to the ground and letting CDCR employees know that they are not above the Ashker v. Brown Settlement Agreement.”

 

The settlement transforms California’s use of solitary confinement from a status-based system, in which prisoners were isolated indefinitely based on vague and unsubstantiated allegations of gang affiliation, to a behavior-based system, in which solitary confinement is used only as punishment for serious rule infractions and only for determinate periods of time. It also limits the total amount of time a prisoner can spend in the Security Housing Unit (SHU) at Pelican Bay State Prison.

 

The settlement includes a two-year monitoring period, which may be extended if the CDCR is found to be violating prisoners’ constitutional rights or the settlement terms.

 

When the case was filed in 2012 on behalf of prisoners in Pelican Bay, more than 500 of them had been isolated in the SHU for over 10 years, and 78 had been there for more than 20 years. They spent 22-and-a-half to 24-hours every day in a cramped, concrete, windowless cell, and were denied telephone calls, physical contact with visitors, and vocational, recreational, and educational programming.

 

Hundreds of other prisoners throughout California have been held in similar SHU conditions, and the settlement applies to all of them.

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Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

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Activism

Asm. Jackson Bill Requiring Anti-Hate Speech Training for Calif. Public Officials Sent to “Suspense File”

The bill, authored by Assemblymember Corey Jackson (D-Moreno Valley), would add one hour of anti-hate speech instruction to the sexual harassment prevention training already required for state and local officials. The proposal applies to legislators, constitutional officers, city council members, county supervisors and school board trustees statewide and would take effect in 2028 if approved. 

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Photo courtesy of the office of Assemblymember Corey Jackson (D-Moreno Valley).
Photo courtesy of the office of Assemblymember Corey Jackson (D-Moreno Valley).

By Bo Tefu, California Black Media

After a hearing on May 6, the Assembly Appropriations Committee ordered Assembly Bill (AB) 1578 to the Suspense File, delaying action on legislation that would require California public officials to complete anti-hate speech training.

The bill, authored by Assemblymember Corey Jackson (D-Moreno Valley), would add one hour of anti-hate speech instruction to the sexual harassment prevention training already required for state and local officials. The proposal applies to legislators, constitutional officers, city council members, county supervisors and school board trustees statewide and would take effect in 2028 if approved.

“It’s time for us to continue to work on and finally go on the offense when it comes to hate racism and xenophobia to make sure that all people are able to live in the state of California with the dignity and honor that they deserve,” said Jackson, who also chairs the Assembly Select Committee on Racism, Hate and Xenophobia.

On April 16, the Assembly Committee on Governmental Organization voted 16-5 to advance the measure to Appropriations. Jackson has said the bill is part of a broader legislative package informed by findings from the Commission on the State of Hate and aimed at addressing hate in public spaces, workplaces and institutions.

In the California Legislature, a bill is placed on the “Suspense File” when it has a significant fiscal impact on the state budget — generally costing the state $150,000 or more from the General Fund or $50,000 or more from a special fund. Bills sent to suspense are held by the Assembly or Senate Appropriations Committee and reviewed later in a single batch hearing, where lawmakers decide which measures move forward, are amended, or quietly die without a vote.

Jackson said the training would focus on the real-world consequences of inflammatory rhetoric.

Supporters, including the Alameda County Office of Education, say the training would help elected officials better understand how language can perpetuate bias.

“In the current political climate, where discourse can often become polarized and inflammatory, it is more important than ever for elected officials to receive specialized anti-hate speech training,” wrote Lucy Carter, director of policy and governance for the Alameda County Office of Education, in a letter supporting the bill.

Opponents, including the California Family Council, argue the term “hate speech” is too subjective and could suppress political disagreement.

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Activism

Advocates Rally at State Capitol to Demand Heat Protections for Incarcerated People; More Funding for DV Survivors

On May 4, Assemblymember Mike Gipson (D-Carson) spoke at the Survivors Speak California Rally at the State Capitol to advocate for AB 2499, which focuses on heat and health protections in state prisons. The three-day event was organized by Californians for Safety and Justice, a project of the Crime Survivors for Safety and Justice network.

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Crime Survivors Speak at the California State Capitol was a multi-day advocacy event held May 4–6 that called for increased support, services, and funding for crime victims. Organized by Crime Survivors for Safety and Justice (CSSJ), the gathering brought together more than 200 survivors and family members to advocate for legislative reforms. CBM photo by Antonio Ray Harvey.
Crime Survivors Speak at the California State Capitol was a multi-day advocacy event held May 4–6 that called for increased support, services, and funding for crime victims. Organized by Crime Survivors for Safety and Justice (CSSJ), the gathering brought together more than 200 survivors and family members to advocate for legislative reforms. CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media

In July 2024, Adrienne Boulware, a 47-year-old mother and grandmother, died from complications related to extreme heat exhaustion while incarcerated at the Central California Women’s Facility (CCWF) in Chowchilla, according to her family.

Assemblymember Mike Gipson (D-Carson) hopes his legislation, Assembly Bill (AB) 2499 — also known as the “Adrienne Act” — will help prevent tragedies like Boulware’s death in California prisons.

“It is no secret that our state prisons have aging infrastructures that have inadequate ventilation systems,” Gipson said. “It should come as no shock that indoor temperatures in these facilities exceed 90 degrees, which means it gets really hot.”

On May 4, Gipson spoke at the Survivors Speak California Rally at the State Capitol to advocate for AB 2499, which focuses on heat and health protections in state prisons. The three-day event was organized by Californians for Safety and Justice, a project of the Crime Survivors for Safety and Justice network.

Boulware’s family attended the rally in support of the measure, which would require the California Department of Corrections and Rehabilitation (CDCR) to establish a pilot program to address extreme heat by July 1, 2027, in at least three prisons across different climate zones.

Boulware’s daughter, Michela Nelson, said her mother frequently complained about heatwaves during the summer months. CDCR stated that Boulware’s death — she was also known as “Twin” — appeared to be related to pre-existing medical conditions rather than extreme heat.

“My mother was not just a mother of four and grandmother of 12. She was a mother to many inside and outside of the prison,” said Nelson, the eldest of Boulware’s children. “My mother didn’t die because she was sentenced to death. She died because she was left in conditions no human being should ever endure.”

AB 2499 would formally create the Climate Justice in Prisons Emergency Response Act. The legislation would require CDCR to develop a long-term plan to install heating, ventilation, and air conditioning (HVAC) systems and shade structures in existing facilities.

The Survivors Speak California Rally coincided with other advocacy events at the Capitol supporting survivors of violent crime.

On May 5, Jazz LedBetter and other advocates rallied nearby to urge lawmakers to include $100 million in the state budget for domestic violence and sexual assault services.

Assemblymember Pilar Schiavo (D-Chatsworth) and Sen. Susan Rubio (D-Baldwin Park) served as keynote speakers. Both lawmakers have publicly shared their own experiences as survivors of assault.

LedBetter, a survivor of human trafficking, is also an author, activist, and artist who uses her experiences to advocate for human trafficking prevention. She shares her story of survival, addiction, and recovery in her self-published book, “Harlot Heart: Tributes To Triumph.”

“Take a moment and think about someone finally reaching out for help, and there’s no one here to answer,” LedBetter said during her presentation on the east lawn of the Capitol.

Advocates said the funding is needed to help close a gap caused by a sharp decline in federal Victims of Crime Act (VOCA) funding.

“I am here because I am proof of what happens when someone gets support. Don’t let this funding (shortfall) be the reason someone doesn’t make it out,” LedBetter said. “The difference between survival and unfortunately common sad stories is whether or not someone is there (to help) when it matters the most.”

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