Dropping Out of a Gang in Prison – What Happens?

While an inmate serves time, there is supposed to be time to think about his or her life and contemplate what life will be like once released.  For some gang members (someone with an STG (Security Threat Group)-validation), this leads to a decision to “drop out” of a gang while in prison.

To do so, one must debrief with the prison.  Dropping out does not remove all of the consequences of a prior STG validation, as the inmate who drops out will still be considered “validated” with a classification code of ST1 or ST2, but with an indication that the person has a “Dropout Status.”15 C.C.R. § 3000; 15 C.C.R. § 3023(d).

A person who drops out can still be placed in the Step Down Program (SDP) after committing certain types of rule violations.  An inmate who drops out can also be excluded from some facilities and programs based on his or her validation, and be subjected to certain parole restrictions based on that validation.

The purpose of the debriefing process is to provide prison staff with information about the STG’s structure, activities and affiliates, but not for the purpose of acquiring information against the person who is debriefing.  15 C.C.R. § 3378.5(b).  Information about other inmates that is obtained during debriefing will be placed in the files of other inmates and can be used against them, such as to validate them, find them guilty of rule violations, or to show they are unsuitable for parole. 15 C.C.R. 3378.6(a). 

Participation in debriefing must be voluntary.  15 C.C.R. § 3378.5.  People who are serving death sentences can debrief.  15 C.C.R. § 3378.5(i), though their housing options may be limited.  An inmate can end the debriefing process at any time. 15 C.C.R. § 3378.5(e).

Debriefing is usually a two-step process.  The first phase is the interview phase.  The second phase is an observation phase; however, the observation stage may be passed based on individual case factors.  15 C.C.R. § 3378.5(a).

When an STG investigator receives notice that an inmate wants to debrief, the STG investigator will conduct an initial debriefing intake with the person within five business days.  15 C.C.R. § 3378.5(f).  If a person makes a self-incriminating statement during a debriefing interview, the investigator can stop the discussion and move onto another topic.  The inmate must waive his or her right against self-incrimination before any further questioning about the incriminating matter.  A decision to exercise the right against self-incrimination shall not be considered in whether the inmate successfully participated in debriefing.  15 C.C.R. § 3378.5(c).

In the first phase of debriefing, the inmate must also write an autobiography of their gang (STG) involvement.  After the intake interview summary is reviewed by the ICC (Institutional Classification Committee), the STG investigator will issue autobiography instructions and the inmate 30 days to complete the autobiography.  If unusual circumstances prevent the inmate from meeting the deadline, an extension may be granted.  The finished autobiography will be collected by the prison’s STG Lieutenant and sent to the OCS (Office of Correctional Safety) Gang Intelligence Operations (GIO) Lieutenant. 15 C.C.R. § 3378.5(f) – (g).

The OCS staff will then present the autobiography to the Debrief Intake Panel (DIP), a committee that evaluates debriefing cases, places each case in one of two categories, and assigns responsibility for completing a debrief report.  The two categories of cases are:

The debrief report will be reviewed by STG investigative staff to identify other inmates and decide whether to conduct further investigation or take disciplinary action against them. 

The ICC will decide where to house the inmate during the debriefing process.  15 C.C.R. § 3378.5(f).  Most inmates in Phase 1 of the debriefing process will be housed in a Debrief Processing Unit (DPU), which is supposed to provide safe housing and programs.  15 C.C.R. § 3000. 

An inmate who is transferred to the DPU and then starts the debriefing process, but then refuses to complete the process will be placed in an Administrative Segregation Unit (ASU) for review for potential safety concerns and assessment of where that inmate can be housed. 

During the observation period, the inmate may be returned to the general population or transferred to a Transitional Housing Unit (THU) which provides continued protection.

This article would not be possible without the Prison Law Office’s excellent treatise, “California Prison and Parole Law Handbook,” from which this article draws most of its information.