that code, he's going to have to pay a penalty. that penalty could be as severe as a beating. it could be anything beyond that. >> rubio, however, denies being a member of the gang. >> they say i affiliate with the mexican mafia. and i don't. >> he's being deceptive. rubio has signed a gang acknowledgment form identifying himself as a member of the mexican mafia. it's not uncommon for these guys to deny it to people who he thinks doesn't know his history. but in the end we do have all of our paperwork intact. >> officer rodriguez, part of the jail's gang intelligence division, heads to rubio's cell to discuss the situation. if rubio is willing to refute the mexican mafia, he can be placed in a protective custody housing unit for ex-gang members. >> if he decides to defect, or go x, we're going to go ahead and let him do so. if he decides to go with the actives, we're going to discuss