We write out of concern for the manner in which certain aspects of CDCR’s Step-Down Program (SDP) are being implemented.
The specific area of concern has to do with the self-directed journals and cognitive behavior therapy, which are two components of the SDP. Because the aim of these components is to change and restructure the subject’s thought processes – psychological reprograming – it is a mental health issue, which requires the involvement of mental health professionals in its implementation and oversight.
These aspects of the SDP require that an evaluation and diagnosis of each prisoner be made and a treatment plan be developed based on that evaluation and diagnosis. No such evaluations have occurred. In spite of this, a treatment plan has been developed and is being aggressively pursued.
The person who is entrusted with the responsibility for the implementation and oversight of the self-directed journals and cognitive behavioral therapy program is a “facilitator.” He has no legal certification or license to act in the role of a mental health professional.
Because cognitive behavior therapy is a mental health issue, a certified psychologist and/or psychiatrist should conduct the required evaluations, make the appropriate diagnosis and develop any treatment plan for those prisoners who warrant such treatment.
Under this circumstance, any information shared with clinicians is privileged and protected by patient confidentiality.
As it currently stands, there are no mental health professionals involved in these aspects of the SDP. Pursuant to §700.2, “Step-Down components,” the CDCR has developed a “treatment plan” – the self-directed journals and cognitive behavior therapy – which is a one size fits all approach to psychotherapeutic reconditioning.
This is the best proof that CDCR custody staff are neither legally nor professionally qualified and certified to act in the capacity of psychiatric professionals. As it stands, any information provided under this circumstance is not protected by doctor-patient confidentiality and can be used in any manner CDCR deems fit – and this is illegal.
To compound the illegality of the policy, we are being compelled to submit to psychotherapeutic reprogramming by CDCR custody staff through naked coercion.
We are writing in the hope that legislators will affirmatively act to prohibit CDCR from continuing to violate the law. This practice, left unchecked, will only result in further legitimate criticism from human rights activists and the continued diminishment of the state’s human rights record in the eyes of the world.
At the minimum, we believe that participation in the self-directed journals and cognitive behavior therapy program should be discretionary – voluntary – as opposed to mandatory – involuntary – and placed firmly under the auspices of certified mental health professionals.
In closing, we would like to thank you for your understanding, courage and leadership demonstrated on this issue thus far.
The writers can all be reached at P.O. Box 3481, Corcoran CA 93212. This letter was written May 6.
We write out of concern for the manner in which certain aspects of the step-down program (SDP) are being implemented by the CDCR (California Department of Corrections and Rehabilitation).
Specifically, our concern has to do with the self-directed journals and cognitive behavior therapy, which are two components of the SDP.
Because these components have to do with changing and restructuring the thought processes – psychological reprogramming – of people, they involve mental health issues and require the involvement of mental health professionals in their implementation and oversight.
These aspects of the SDP require that an evaluation of each prisoner be made and a treatment plan be developed based on that evaluation.
No such evaluations have occurred, and no such treatment plans have been developed.
The person who is entrusted with the responsibility for the implementation and oversight of the self-directed journals and cognitive behavior program is a facilitator. He has no legal certification to carry out the role of a mental health professional. Because cognitive behavior therapy is a mental health issue, a psychologist or psychiatrist should be conducting the required evaluations and developing any treatment plan for those prisoners who warrant such treatment.
Under this circumstance, any information that is shared is privileged information, protected by confidentiality. Yet there are no mental health professionals involved in these aspects.
Pursuant to §700.2, Step-down program components, the CDCR has developed a treatment plan, the self-directed journals and cognitive behavior therapy, which is a one size fits all approach to psychotherapy. This is the best proof that CDCR custody staff are neither legally nor professionally qualified or certified to carry out the role of psychiatric professionals.
Any information provided under this circumstance is not protected by doctor-patient confidentiality and can be used in any manner the CDCR deems fit.
This is illegal. To compound the illegality, we are being compelled to submit to psychotherapeutic reprogramming by CDCR custody staff.
We are writing in the hope that the legislators will affirmatively act to prohibit the CDCR from continuing to violate the law.
This practice, gone unchecked, will only result in further legitimate criticism from human rights activists, and the continued diminishment of the states human rights record in the eyes of the world.
At minimum, we believe that participation in the self-directed journals and cognitive behavior therapy program should be voluntary and not mandatory and that it should be done under the auspices of certified mental health professionals.
In closing, we would like to thank you for your understanding and for the courage and leadership that you have demonstrated on this matter.