Being a Gang Member in Prison: STG Validation Process

Historically, the California Department of Corrections and Rehabilitation (CDCR) placed all “validated” gang members and those with associations to criminal street gangs in segregation, some for decades. 

Gang membership was and still is regarded as highly dangerous to other inmates who were not gang members or members of rival gangs, but before 2016, all gang members were segregated for prison security, often without due process.  As a result, some inmates who were really not gang members were unfairly segregated for long periods of time.

This highly controversial policy was repeatedly challenged by inmates and their advocates.  See e.g., Toussaint v. Rowland (N.D. Cal. 1989) 711 F. Supp. 536, 540-543, reversed in part by Toussaint v. McCarthy (9th Cir. 1991) 926 F. 2d 800 (requiring that a person have opportunity to present views to officials who make validation decision and rejecting due process claims); see also Madrid v. Gomez (N.D. Cal. 1995) 889 F. Supp. 1146, 1240-1244, 1270-1278 (largely upholding CDCR’s gang segregation practices against due process challenges). 

However, as a result of Todd Ashker v. Governor of State of California (N.D. Cal. 2016) No. C09-5796, settlement agreement, the CDCR has drastically changed its policies.  Although the CDCR still validates people as Security Threat Group (STG) (gang members) affiliates for classification purposes, prison staff cannot place inmates in the SHU (security housing unit) or any other segregation based solely on STG validation. 15 C.C.R. 3335; 15 C.C.R. § 3341.3; 15 C.C.R. § 3378.2(b).

Now, when prison staff have evidence that an inmate may be involved in STG activities, STG investigators will review the evidence.  If the prison’s STG Lieutenant decides that further action should be taken, an STG investigator will be assigned to prepare a validation package.  “Validation” is the CDCR’s term for officially labeling a person as someone who is involved with an STG.

The STG investigator will then interview the inmate about the information (called source items) in the validation package.  The STG investigator must give the inmate a minimum of 72 hours’ notice before the interview.  The notice will be on CDCR Form 128-B4 Evidence Disclosure and Interview Notification, and will describe the source items. 15 C.C.R. 3378(c)(2), (4) – (5).

A written summary of the interview will be documented on a CDCR Form 128-B5 Security Threat Group Validation Chrono.  The CDCR must provide the inmate with a copy of the CDCR Form 128-B5 with ten calendar days after the interview.  15 C.C.R. § 3378.2(c)(5).

After the interview, the validation package will be submitted to the CDCR’s Office of Correctional Safety (OCS) for review.  The OCS staff will decide what source items can be relied upon and which source items must be rejected.  This includes deciding whether confidential information meets the CDCR’s requirements for reliability. See 15 C.C.R. § 3321 for rules on confidential material.  They will then make a recommendation to affirm or reject the proposed validation.

The case will then go to a hearing by the STG Unit Classification Committee (UCC) within 30 days. 15 C.C.R. 3378.2(c)(7), (d).  An inmate has a right to attend the committee hearing and to request witnesses.  An Investigative Employee (IE) will be assigned to assist the inmate in preparing for the hearing. 15 C.C.R. 3378.2(d).  The STG UCC makes the final determination whether the validation shall be made, and documents it on a CDCR Form 128-G Chrono.

After the STG UCC makes its decision, a Classification Services Representative (CSR) will audit the validation for accuracy and compliance with the rules. 15 C.C.R. § 3378.2(d)(2).

There are two level of STG’s.  STG-1 is the category for recognized prison gangs and other groups that the CDCR contends pose the most severe threat to safety and security based on a history of violence and/or influence over others. 

STG-II is the category for groups like street gangs or other gangs who are under the more dominant STG-1 groups. 15 C.C.R. § 3000; 15 C.C.R. § 3023(d); 15 C.C.R. § 3378.1(c).  There is a process for the CDCR to officially “certify” a group as an STG-1 or “recognize” a group as an STG-II.  15 C.C.R. § 3378.1(d) – (e).

There are also two degrees of STG affiliation.  An STG member is someone who has been accepted into membership of the STG.  An STG associate is someone who is involved periodically or regularly with member or associates of an STG.

To validate a person as an STG affiliate, the CDCR requires at least three independent source items with a combined value of 10 points or greater, “coupled with information / behavior indicative of” membership or association.  15 C.C.R. 3378.2(b).  The source items can date from any time, except that photographs must be no more than four years old. 15 C.C.R. 3378.2(b).

For validation as a member or associate of an STG-1, there is an additional requirement that at least one of the source items must be a “direct link” to a current or former validated member or associate of that STG or to a person who is validated within six months of the behavior described in the source item. 

A validated STG associate may be upgraded to an STG member based on at least three source items with a combined value of 10 points.  The source items must not have been used in the previous validation and at least three of the items must indicate STG membership.

Points are assigned to categories of evidence such as two points for symbols (hand signals, graffiti, distinctive clothing), written materials; three points for association with validated STG affiliates; four points for photos, CDCR observations, information from other agencies, visitation from people known to promote or assist STG activities; five points for admissions; six points for crimes to benefit, at the direction or in association with an STG, tattoos or body markings; and seven points for legal documents.

This article draws heavily on the Prison Law Office treatise “California Prison and Parole Law Handbook,” which is an excellent reference manual.  We thank the Prison Law Office in Folsom for their work.