Moving Away from Solitary Confinement in LA and CA – UPDATED….Bills, Bills, Bills….Mental Illness….and LYRICMay 29th, 2015 by Taylor Walker
ADVOCATES AND OTHERS WHO WERE HELD IN SOLITARY AS KIDS PRAISE LA COUNTY SUPES FOR SUPPORTING CA BILL TO DRASTICALLY LIMIT SOLITARY CONFINEMENT FOR KIDS
On Tuesday, the LA County Board of Supervisors voted unanimously to support CA Sen. Mark Leno’s important bill to limit the use of solitary confinement at state and county juvenile correctional facilities.
In the days immediately following, various advocates, some of whom had personally experienced the trauma of solitary confinement as kids, praised the board’s decision to back the measure.
Sheila Kuehl, authored the motion, which was co-sponsored by Ella Baker Center for Human Rights, Youth Justice Coalition, the Children’s Defense Fund of California, and the CA Public Defender’s Association. In response to the positive vote, Kuehl said, “I’m proud to be part of this rehabilitative movement working to change our treatment of incarcerated youth, and want to thank my fellow Supes for joining with me on this critically important issue.”
In her motion, Supervisor Kuehl said the board’s hope is that the county will set a precedent—the “LA Model”—at both the state and national levels by overhauling the way LA County supervises the 1,200 kids in its juvenile detention facilities. As the first step in that model, Kuehl points to the $48 million transformation of the dilapidated Camp David Kilpatrick, now under construction, that will turn it into a facility focused on “relationship-building, trauma informed care, positive youth development, small and therapeutic group settings, quality education, properly trained staff, a relational approach to supervision and an integrated group treatment model.”
An overuse of solitary confinement is not in keeping with the rehabilitative focus of the LA Model, thus the Supes have moved to support Sen. Leno’s proposed legislation.
Alex Johnson, Executive Director of Children’s Defense Fund-California said that the support of the supervisors for Leno’s bill “moves the state one step closer to ending the use of solitary confinement for youth in California,” and helps “to ensure that youth in L.A. County and across the state receive the healing and rehabilitation they need to succeed rather than be re-traumatized.”
Specifically, the bill would ban isolating kids except in extreme circumstances in which a kid poses a serious threat to staff or others, and when all other alternatives have not worked. The bill would also clearly define solitary confinement as “involuntary placement” in isolation away from people who are not staff or attorneys. Kids would also only stay in solitary for the least amount of time needed to handle the safety risk.
Francisco Martinez, a youth leader with the Youth Justice Coalition described solitary confinement as “horrible – like an animal in a cage.” Martinez lived through solitary confinement at Los Padrinos Juvenile Hall in Downey, CA. “The conditions were a small, dirty concrete room,” he said. Food, dirt, and spit covered the walls and windows, and the mattress was i, according to Martinez. “We were kept in our boxers with a tee shirt and socks, and a thin blanket.” Martinez said the air conditioning, which blew 24-7, “was even worse for me, because I have asthma. I had shortness of breath when I woke up until I went to sleep.”
The passage of Sen. Leno’s bill, say advocates, would be meaningful not only for the kids who are locked away in isolation, but also for their loved ones on the outside, the family members to whom they return, often more damaged than before their incarceration.
“My godson was incarcerated for almost 10 years since the age of 15. His time in solitary confinement hurt him the most, and I was worried the damage would be permanent,” said LaNita Mitchell, board member of the Ella Baker Center. “Our children need help, not torture.”
“Troubled youth need treatment, not isolation,” said Sen. Leno. ““Deliberately depriving incarcerated young people of human contact, education, exercise and fresh air is inhumane and can have devastating psychological effects for these youth, who are already vulnerable to depression and suicide.”
The LA Supervisors’ move came one week after the Contra Costa County Probation Department agreed to ban solitary confinement in juvenile facilities, as part of a groundbreaking settlement.
CA ASSEMBLY TAKES ACTION ON CRIMINAL JUSTICE AND FOSTER CARE BILLS
On Thursday, the California Assembly and Senate Appropriations Committees took action on a number of weighty criminal justice and foster care bills.
Among other noteworthy justice-related bills, the Assembly Committee addressed measures that aimed to reverse portions of California’s Prop 47—the reclassification of certain non-violent drug and property-related felonies as misdemeanors.
AB 150 by Assemblymember Melissa Melendez (R-Lake Elisnore) which would have bumped gun theft back up to a felony, was blocked, while SB 333 by Sen. Cathleen Galgiani (D-Stockton), a bill to reinstate the felony classification to the possession of date rape drugs, was sent to the Senate floor for a vote.
Three bills addressing the state’s over-drugging of foster kids made it out of the Senate Committee alive: SB 238 from Sen. Holly Mitchell (D-LA), which would require the state to collect data on how many kids in foster care are prescribed psychotropic (and other potentially dangerous) meds; SB 319 by Sen. Jim Beall, which would establish a monitoring system for public heath nurses to oversee foster kids who have been given psychotropic drugs; and SB 484, also by Beall, which would make the state identify and inspect foster care group homes in which kids are being over-drugged, and create drug reduction plans for those homes.
Other bills that advanced Thursday, and are worth tracking:
AB 1056 by Assemblymember Toni Atkins would use money saved by Prop 47 to house former offenders through the “Second Chance Program for Community Re-entry.”
SB 674 by Senate President Pro Tem Kevin de Leon, (D-LA) would require cops to issue certificates to immigrant victims of crime who have aided law enforcement during investigations. Those certificates could then be used by immigrants to avoid being deported.
MENTAL ILLNESS IN THE AGE OF MASS INCARCERATION
The Sacramento Bee’s Daniel Weintraub has an interesting profile of MacArthur Genius Elyn Saks, a professor of law, psychology and psychiatry at USC, in the midst of her own battle with schizophrenia, has become a champion for the mentally ill, fighting against the criminalization of people with mental illness, and pushing for legislation that brings treatment to the community level.
Here’s a clip from Weintraub’s story:
“Everything about my past says I shouldn’t be here,” Saks says.
But here she is – a professor of law, psychology and psychiatry at the University of Southern California. She is a researcher, an author and the recipient of a $500,000 MacArthur Foundation “genius grant.”
Thirty-five years ago, however, Saks was first-year law student at Yale University suffering a terrifying mental breakdown. Studying with friends one night, she started speaking gibberish and singing the Florida “sunshine song.” Then she withdrew inside herself.
That episode eventually landed her in the emergency room and led to five months in a psychiatric hospital. She was placed under restraints for up to 20 hours at a time. Her doctors described her prognosis as “grave.” Some expected her to live out her life in board and care homes, doing menial jobs – or living on the streets.
But with the help of a few close friends, her family, regular therapy and medication, Saks held her life together, and then some.
Her experience led her to become a leading opponent of the use of force to control people with mental illness, a practice she says is largely unnecessary. She also believes it is dehumanizing and probably counterproductive, because it keeps many people from seeking the care they need.
The first time she was “retrained,” Saks said, a sound she had never heard came out of her mouth: “It was a half-groan, half-scream, barely human and pure terror.”
In an op-ed for CNN, Newt Gingrich and Van Jones lay out the ways incarcerating mentally ill Americans does a colossal disservice to taxpayers, cops, and, of course, the mentally ill, and stress the importance of identifying and implementing research-based strategies to keep people with mental illness out of jails and prisons.
Newt Gingrich, a former Speaker of the House who, along with some of his other Right on Crime colleagues, was instrumental in getting both Prop 47 and Prop 36 passed. Van Jones is a former presidential advisor and founder of Rebuild the Dream, an online platform focusing on policy, economics and media.
Here’s a clip from the op-ed:
America’s approach when the mentally ill commit nonviolent crimes — locking them up without addressing the problem — is a solution straight out of the 1800s.
When governments closed state-run psychiatric facilities in the late 1970s, it didn’t replace them with community care, and by default, the mentally ill often ended up in jails…
Today, in 44 states and the District of Columbia, the largest prison or jail holds more people with serious mental illness than the largest psychiatric hospital. With 2 million people with mental illness booked into jails each year, it is not surprising that the biggest mental health providers in the country are LA County Jail, Rikers Island in New York and Cook County Jail in Chicago…
Cycling [the mentally ill] through the criminal justice system, we miss opportunities to link them to treatment that could lead to drastic improvements in their quality of life and our public safety. These people are sick, not bad, and they can be diverted to mental health programs that cost less and are more effective than jail time. People who’ve committed nonviolent crimes can often set themselves on a better path if they are provided with proper treatment.
The current situation is also unfair to law enforcement officers and to the people running our prisons, who are now forced to act as doctors or face tense confrontations with the mentally ill while weighing the risk to public safety. In fact, at a time when police shootings are generating mass controversy, there is far too little discussion of the fact that when police use force, it often involves someone with a mental illness.
Finally, the current approach is unfair to taxpayers, because there are far more cost-effective ways for a decent society to provide care to the mentally ill. Just look at Ohio, where the Department of Rehabilitation and Correction is projected to spend $49 million this year on medications and mental health care, on top of nearly $23,000 per inmate per year.
FIRST-OF-ITS-KIND PUBLIC DEFENDER’S OFFICE PROGRAM TO TEACH KIDS THEIR RIGHTS WHEN INTERACTING WITH LAW ENFORCEMENT
Alameda County Public Defender’s Office recently visited an 11th grade class at Oakland Technical High School to teach them the things they should say and do (and things they should not say and do) when stopped by law enforcement. The purpose of the Public Defender’s Office’s unique program, Learn Your Rights in California (LYRIC), is to make sure young people of color—many of whom have been stopped by officers before—are aware of their rights, and to help them have better interactions with cops. The public defenders taught the Oakland Tech students through role-play and skits in addition to a thorough Q&A session.
KQED’s Sara Hossaini has the story. Here’s a clip:
“Good morning, My name is Brendon Woods, Jennie’s boss,” Woods says, introducing himself to the class as Alameda County’s first African-American public defender.
“We’re here to talk to you about L.Y.R.I.C.”
He tells the class of mostly black and brown students that the L.Y.R.I.C. program stands for Learn Your Rights in California. He says it’s something that has personal meaning for him.
“Because when I was your guys’ age, I got stopped and harassed all the time,” Woods explains. “And it’s important for me to make sure that you guys know your rights and are able to assert them.”
Deputy Assistant Public Defender Jennie Otis hopes that helps keep kids out of the system.
“I think it plays many roles,” Otis says. “One is hopefully to reduce our clientele.”