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Gov. Brown Signing Bills, Hearing on Overmedication of Foster Kids, Defining Solitary, and the Folsom Riot

August 13th, 2015 by Taylor Walker


CA Governor Jerry Brown has signed several noteworthy bills, so far this week:

SB 411, the Right to Record Act, clarifies the First Amendment right to photograph and record video of law enforcement when officers are in a public place or where the recording citizen has a right to be.

Senator Ricardo Lara (D-Bell Gardens), the bill’s author, said, “With the stroke of a pen, Governor Brown reinforces our First Amendment right and ensures transparency, accountability and justice for all Californians. At a time when cell phone and video footage is helping steer important national civil rights conversations, passage of the Right to Record Act sets an example for the rest of the nation to follow.”

And here’s why this bill is important, according to Sen. Lara’s website:

In California and beyond, members of the public have been arrested while recording or photographing police activity in public places. News accounts and videos have surfaced showing that some civilians have been arrested for recording officers in the cities of Los Angeles, Torrance, and San Diego, as well as the County of Orange. This conflict extends past police officers and civilians to professional photographers and media personnel. In Berkeley, CA a journalist was arrested after recording law enforcement officers in a public place. Last week, a bystander caught a police officer in North Charleston, S.C. in a shooting incident that has led to charges being filed against that officer.

In May, the ACLU of California launched a “Mobile Justice” app that allows users to take video (of an officer-involved incident, for instance) and immediately send it to the ACLU by pressing a button. According to the ACLU SoCal’s Twitter page, the app has been downloaded over 160,000 times as of this week.

Another bill, SB 227, bans the use of criminal grand juries to investigate cases involving alleged fatal excessive use of force and fatal shootings by law enforcement officers.

The bill follows controversial secret grand jury decisions not to indict the officers who killed Michael Brown and Eric Garner in Ferguson and Staten Island.

“One doesn’t have to be a lawyer to understand why SB 227 makes sense,” said Sen. Holly Mitchell (D-Los Angeles), who authored the bill. “The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system.”

The governor also signed a bill by Sen. Loni Hancock (D-Berkeley), SB 601, which aims to boost transparency and accountability by increasing the amount of required public data reporting from California prisons.

The data will be published quarterly online as a “data dashboard,” which will include inmate population numbers; rehabilitation program numbers, including enrollment and achievement statistics; the number and nature of deaths in the facility; use of force incidents; staff overtime, vacancies, pay, and positions; inmate appeals; solitary confinement population; budget and money spent; and information on lockdowns.


A three-hour joint oversight hearing between two CA Senate committees focused on a package of four California reform bills addressing the excessive use of psychotropic medications to treat California kids in the foster care system.

Senator Mike McGuire (D-Healdsberg), chairman of the Senate Human Services Committee, and Sen. Ed Hernandez (D-West Covina), chairman of the Senate Health Committee, voiced frustration at the lack of data tracking and transparency to explain why foster kids are so heavily medicated.

Here’s a quick explanation of the bill package from California Healthline:

SB 238, by state Sens. Holly Mitchell (D-Los Angeles) and Jim Beall (D-San Jose), which would require the state to provide more data on the number of children in foster care who are prescribed psychotropic drugs, along with other medications that might cause harmful drug interactions;

SB 253, by state Sen. Bill Monning (D-Carmel), which would change the juvenile courts’ process for authorizing psychotropic drugs by prohibiting such drugs from being authorized without prior medical examination and ongoing monitoring of the child;

SB 319, by Beall, which would establish a system for public health nurses to monitor and oversee anyone in foster care who is prescribed psychotropic medications; and

SB 484, by Beall, which would establish treatment protocols and state oversight of psychotropic drugs in group-home settings (California Healthline, 5/18).

The four bills are on their way to the Senate Appropriations Committee next week, and if passed there, will land on Gov. Brown’s desk.

(For more on this issue, read Karen de Sá’s powerful five-part investigative series for the San Jose Mercury News, “Drugging Our Kids.”)

San Jose Mercury News’ Tracy Seipel has more on the hearing. Here’s a clip:

The hearing was intended to look more closely at the standards and tools used by state and local governments in evaluating psychosocial services for foster care youth that minimize the need for the reliance on psychiatric drugs.

“You can imagine the challenges our vulnerable kids faced when they were trying to access care within the foster health care system,” McGuire said.

The senator said he was having trouble getting answers to basic questions, including: How many of the youths had been prescribed prescription drugs? How many were taking multiple prescribed drugs? How many doctors had the youths seen?

“How can we treat them if we don’t have their medical history?” McGuire asked, noting that much of this data is submitted to state departments on a voluntary, but not mandatory, basis.


On Tuesday, Hernandez told the panel that after this newspaper’s series brought the problem to his attention he wanted some answers.

“The questions I have are: Why is it that this population is being prescribed drugs at the rates they are being prescribed? Is that normal, standard protocol? How do we compare to other states?”

Anna Johnson, a policy analyst with the National Center for Youth Law, told the senators that California lacks a system capable of tracking prescription practices about psychotropic medications for foster youth.

“Care coordination should be provided immediately upon entry into foster care,” Johnson said, noting that California can learn from states.


At a Senate hearing focusing on conditions in federal prisons, Charles Samuels, the director of the Bureau of Prisons, insisted that solitary confinement is not used in federal detention facilities.

Samuels said that inmates are housed two to a cell. Because of this, even if the prisoners are held for 22 or more hours per day and experience every other aspect of isolation, the practice no longer qualifies as solitary confinement, according to Samuels.

(Read more about the Senate hearing: here.)

Vice’s Seth Ferranti and Robert Rosso gathered some reactions to Samuels’ statements from federal prisoners. Here are some clips:

“Reading what Samuels said was like watching Bill Clinton change the meaning of ‘sexual relations’ when he denied that Monica Lewinsky gave him head,” says Jay Martt, a federal inmate serving 14 years for robbery at FCI Terre Haute, a federal prison in Indiana. “He’s redefining what solitary confinement means in modern times.”…

“We do not, under any circumstances, nor have we ever had the practice of putting an individual in a cell alone,” while housed in the SHU, Samuels swore before members of the Senate.

“How can he get away with saying such a bald-face lie?” wonders Martt. ” Of course they put guys in single-cells in the SHU. All that one of these senators needs to do is subpoena any log-book from any SHU in the BOP and they could prosecute Director Samuels for lying to members of Congress.”…

“Prison officials like to tell the public and the courts that when we are put in the hole, or the ‘SHU,’ that we get one hour out of our cells every day for recreation. It’s a lie,” Martt, who gets released from prison next year, tells VICE. “Sometimes, when the staff feels like it, they might let us go from our cell into a cage that’s the size of two cells combined with up to six other people in it, and we stand around looking stupid. That’s what the BOP calls our ‘one hour’ out of the cell per day.”…

Troy Hockenberry, serving a ten-year sentence for a gun charge, says it’s the misuse of the special housing units that concerns him. “I know a guy who was sent to the hole for not tucking in his shirt. He stayed back there for over a month—for not tucking in his shirt! That’s absurd,” he said. Hockenberry argued that staff will target inmates that they don’t like and have them placed in the SHU for an “investigation.” According to BOP policy, an inmate can remain in the SHU under investigation for a period 90 days, at which time a decision must be made: Charge the inmate, or place them back into general population.

“But they’ve got a trick for that, too,” Hockenberry tells VICE. “They ask for an extension.” An officer investigating an alleged wrong doing can request three extensions, meaning that an inmate can be held in the SHU for nine months without ever being charged. “The bottom line is they can do whatever they want to us and nobody cares,” Hockenberry concludes.


On Wednesday, 71-year-old Hugo “Yogi” Pinell, one of the “San Quentin Six” inmates who attempted to break out of the state prison in 1971, was killed during a 70-inmate riot at New Folsom Prison in Sacramento.

Pinell and other inmates were reportedly stabbed with makeshift weapons. Eleven prisoners were taken to hospitals. No prison staff members were injured in the brawl.

Pinell was locked-up in 1965 for rape, and in 1971 was given a life sentence with the possibility of parole after killing a guard at the Correctional Training Facility in Soledad. That same year, Pinell was part of a prison break that resulted in the death of two guards and four inmates, including George Jackson, founder of the Black Guerrilla Family prison gang.

The Sacramento Bee’s Sam Stanton and Richard Chang have the story. Here’s a clip:

At least 11 other inmates at California State Prison, Sacramento, were taken to hospitals Wednesday, officials said. No staff members were injured in the riot, which began at 12:55 p.m. in a general-population yard at the prison, which houses 2,300 maximum-security inmates. The combatants inflicted stab wounds with weapons furnished in prison, according to the state corrections department.

Pinell’s attorney, Keith Wattley of Oakland, said he learned Tuesday that his client – the target of prison attacks in the past – had been moved into the general population before his death.

“The threat of harm to him has been well known by prison officials,” Wattley said. He added that Pinell had been the target of “long-standing threats,” but said he could not elaborate Wednesday.

Posted in ACLU, CDCR, Edmund G. Brown, Jr. (Jerry), Foster Care, law enforcement, mental health | 11 Comments »

Juvie Solitary Confinement, College in Prison, Alleged Boot Camp Abusers Arrested, and Kelly Thomas’ Death Violated Police Policy

August 7th, 2015 by Taylor Walker


On Wednesday, Senator Cory Booker (D-NJ) introduced a bipartisan bill to end solitary confinement for kids in pretrial facilities and juvenile detention facilities.

The Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 (MERCY) is cosponsored Rand Paul (R-KY), Dick Durbin (D-IL), and Mike Lee (R-UT).

Specifically, the bill would ban solitary confinement except as a temporary placement when a kid poses a serious threat to themselves or others and after less restrictive methods (like deescalation techniques and meeting with a mental health professional) had been tried.

The bill would also require facility staff to explain to a confined kid why they have been placed in isolation, and that they will be released after they have calmed down or after a specific amount of time. And the isolation of kids believed to pose a risk to others would be limited to three hours (thirty minutes for kids who pose a risk to themselves).

“Not only is solitary confinement cruel and demeaning, it’s a violation of one’s human dignity,” said Sen. Booker. “When imposed on adolescents, it can cause serious long-term psychological and physical harm.”

Noting the increased risk of depression and suicide for kids locked in solitary confinement, Sen. Durbin said, “I am glad to join Senators Booker, Paul and Lee in introducing this legislation and look forward to working with them as we consider how to fundamentally reform our approach to this controversial practice.”


Four community colleges are launching classes inside nearby California state prisons as part of an 18-month, $2 million pilot program starting this fall.

The colleges will offer between two and three business-related classes each semester, through which inmates will have the opportunity to earn an associates degree in liberal arts.

Lassen College will hold classes at High Desert State Prison, Folsom Lake College at Folsom Women’s Facility, Antelope Valley College at California State Prison, Los Angeles County, and Chaffey College at California Institution for Women.

The push for education in prisons is also happening on the federal level. Last week, US Secretary of Education Arne Duncan and US Attorney General Loretta Lynch revealed a pilot program to give federal Pell Grants—college grants for low-income students—to thousands of prisoners, reversing a 22-year ban on giving such grants to inmates.

The LA Times’ Carla Rivera has more on the program. Here’s a clip:

The state also has been moving to boost education access for inmates, after a 2014 law that allowed community colleges to receive the same level of state funding for educating students behind prison walls as they do for students on college campuses.

The legislation called for collaboration between prison and community college officials to provide college instruction, resulting in a $2 million, 18-month pilot program launching this fall…

“Part of the proposal was to look for innovative programs that are not only face-to-face but offer a full student experience of orientation, advising, counseling,” said BJ Snowden, director of inmate education in the community college chancellor’s office. “We want this to be a sustainable and replicable model with real goals.”

One of the state’s most successful prison education programs, the Prison University Project, will provide training for community college faculty.

The privately-funded project operates at San Quentin and was founded after inmates lost Pell eligibility. Instructors come from the faculty ranks at UC Berkeley, Stanford and San Francisco State University, said executive director Jody Lewen.

Obama’s Pell grant initiative could greatly aid programs like hers, Lewen said, providing it is focused on offering a quality education.

“It could be fantastic, but if we allow institutions to come in and do it as cheap as possible with little investment, it will be garbage,” Lewen said. “It will be one of those things in the prison system that’s called better than nothing.”


Four Los Angeles-area officers were arrested this week in connection with alleged abuse of kids participating in a boot camp called Leadership Empowerment and Discipline (LEAD) in San Luis Obispo.

Investigators identified fifteen kids who said they were victims of abuse at the hands of the officers leading the camp.

The program, which purportedly teaches discipline and leadership to 12 to 16-year-olds, ran for 20 weeks, seven days of which were spent at Camp San Luis Obispo, an Army National Guard base. The kids said that officers, especially the two men known as “the Gomez brothers,” verbally and physically abused and threatened them.

The program leaders would take the kids into a “dark room,” where the they would hold them against the wall by their necks, and punch them in the sides, stomach, ribs, and face, according to Gregory Owen, the attorney representing the children’s families. One boy allegedly suffered broken fingers after an officer stepped on his hand.

Marissa Larios and Patrick Nijland of the Huntington Park Police Department, and brothers Carlos Gomez-Marquez and Edgar Gomez of the South Gate Police Department were each arrested and released on $20,000 bail.

In June, at least two of the officers, the Gomez brothers, were still on patrol despite being subjects of investigation.

Here’s a clip from the San Luis Obispo County Sheriff’s Department:

After a two month investigation which involved interviewing 37 participants at the camp, Sheriff’s Detectives were able to identify 15 male and female victims ranging in age from 12 to 17 years old who claimed they were assaulted by the drill instructors while at the camp….

Gomez and Gomez-Marquez were arrested on the following five charges: 1. Willful cruelty to a child (felony), 2. Criminal threats (felony), 3. Criminal conspiracy (felony), 4. Criminal battery (misdemeanor), 5. Abuse under color of authority (misdemeanor).

Larios was arrested on four charges: 1. Willful cruelty to a child (felony), 2. Criminal conspiracy (felony), 3. Criminal battery (misdemeanor), 4. Abuse under color of authority (misdemeanor)

Nijland was arrested for: 1. Willful cruelty to a child (felony), 2. Criminal battery (misdemeanor), 3. Abuse under color of authority (misdemeanor).

All charges will be filed with the San Luis Obispo County District Attorney’s Office.

KTLA’s Kennedy Ryan and Eric Spillman have more on the arrests.


Three former Fullerton police officers, Jay Cicinelli, Manuel Ramos, and Joseph Wolfe, violated department policy when they beat Kelly Thomas, a schizophrenic homeless man, to death (while he screamed for his father), according to an independent report released as part of a civil lawsuit.

KPCC’s Erika Aguilar has the story. Here’s a clip:

Former Corporal Jay Cicinelli violated the Fullerton Police Department’s deadly force policy when he kneed 37-year-old Kelly Thomas in the head twice and beat him in the face with his Taser “multiple times” on July 5, 2011, according to the report by independent auditors. The incident was caught on street surveillance video.

Former officers Manuel Ramos and Joseph Wolfe violated the department’s use of force policy when they used their body weight to subdue and arrest Thomas, the report said.

Thomas died five days after the beating. The coroner’s report determined Thomas died as a result of mechanical chest compressions and cranial-facial injuries.

“Ramos’ weight and the body weight of other responding officers on Thomas may have been partially responsible for Thomas’ ultimate demise,” according to the report. It used similar language for Wolfe.

In January 2014, an Orange County jury acquitted Ramos and Cicinelli, and the charges against Wolfe were later dropped. All three are still fighting to get their jobs back after being terminated.

Posted in CDCR, Education, juvenile justice, Police | 2 Comments »

President Obama – Pardons and Prisons….Feds Return Control of CA Prison Health Care at Folsom…Helping Out-of-County Foster Kids Retain Mental Health Care….and Solitary Confinement

July 14th, 2015 by Taylor Walker


On Monday, President Barack Obama, who has previously faced criticism for seldom granting clemency, announced that he had commuted the sentences of 46 non-violent drug offenders. This brings President Obama’s total number of approved clemency petitions up to 89. To put this in perspective, former President George W. Bush only commuted 11 sentences during his 8 years in office, and Bill Clinton granted clemency to 61 offenders. There are still nearly 8,000 pending clemency petitions.

In a letter, Obama tells those given a second chance, “…it is up to you to make the most of this opportunity. It will not be easy, and you will confront many who doubt people with criminal records can change…but remember you have the capacity to make good choices.”

Neil Eggleston, former Assistant U.S. Attorney and criminal defense attorney, has more on Obama’s new push for criminal justice reform. Here’s a clip:

…federal sentencing practices can, in too many instances, lead nonviolent drug offenders to spend decades, if not life, in prison. Now, don’t get me wrong, many people are justly punished for causing harm and perpetuating violence in our communities. But, in some cases, the punishment required by law far exceeded the offense.

These unduly harsh sentences are one of the reasons the President is committed to using all the tools at his disposal to remedy unfairness in our criminal justice system. Today, he is continuing this effort by granting clemency to 46 men and women, nearly all of whom would have already served their time and returned to society if they were convicted of the exact same crime today…

In taking this step, the President has now issued nearly 90 commutations, the vast majority of them to non-violent offenders sentenced for drug crimes under outdated sentencing rules.

Obama will also become the first sitting president to visit a federal prison when he tours the El Reno prison in Oklahoma next week as part of a VICE special documentary for HBO on mass incarceration. The president, along with VICE founder Shane Smith, will tour the grounds and speak with prison staff, prisoners, and law enforcement officials. Here’s a clip from VICE’s announcement:

Located in central Oklahoma, El Reno is a medium-security facility that houses 1,300 inmates convicted of violating federal law. It was home to Jason Hernandez, a prisoner convicted on drug charges who had his life sentence commuted by Obama in 2013.

The interviews will be part of a documentary looking at the pervasive impacts of America’s approach to crime and imprisonment. The special is the latest in VICE’s ongoing coverage of what has become a major civil rights and reform agenda in the United States.

“There’s an emerging consensus in this country — on both the right and the left — that the way we treat criminal offenders is utterly broken and weakening our society in profound ways,” Smith said. “Visiting El Reno with President Obama — the first-ever visit to a federal prison by a sitting president — will give our viewers a firsthand look into how the president is thinking about this problem, from the policy level down to one on one conversations with the men and women living this reality. It’s going to be fascinating.”

The President says he will also be discussing bipartisan-backed ideas for criminal justice reform in Philadelphia on Thursday. Stay tuned.


After nearly a decade of federal oversight of healthcare in California’s prison system, the state will regain control in Folsom State Prison—the first from the federal receiver overseeing healthcare in California’s prisons, Clark Kelso. Folsom is the first prison to be returned to state control.

Kelso says much progress has been made in Folsom and in other prisons, but U.S. District Court Judge Thelton Henderson says federal oversight will only end after the state has had control of health care in all of its prisons for a full year.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“We’re pleased and ready to start taking back control of medical care,” corrections Secretary Jeffrey Beard said in a statement. “We know that other CDCR prisons are ready to step up in the months ahead and we will continue collaborating with the Receiver’s Office to ensure inmates at all of our facilities receive appropriate health care.”

Don Specter, director of the Berkeley-based Prison Law Office that represents inmates in the lawsuit, said it’s good that care has improved at Folsom, but attorneys will continue monitoring.

“One of the things I’m most concerned about is whether the state has reformed its processes so that all the improvements that the receiver has made over the last 10 or so years are sustained,” Specter said.

Kelso reported in March that conditions statewide have substantially improved, though some prisons are doing better than others and more work remains to be done statewide.

Under the judge’s rules, Kelso could retake control of a transferred prison if conditions decline, but the goal is for the receiver to eventually monitor rather than run the health care system.


When foster kids are transferred out of their home counties, they face months-long interruptions in much-needed mental health services. The problem is that, under current law, instead of following the kids, the responsibility (and funding) to provide mental health treatment remains with their home county.

A California bill, which would ensure foster kids transferred outside of their home counties receive continued mental health services in their new counties, will be heard California Senate Health Services Committee today (Tuesday), after passing out of the Assembly.

The bill, authored by CA Assemblyman Sebastian Ridley-Thomas (D), aims to fix a serious lack of collaboration between departments serving foster kids between counties.

In LA County, 17% of foster kids are in out-of-county and out-of-state placements, in comparison to Alameda and San Francisco—59% and 60% respectively.

The Chronicle of Social Change’s Jeremy Loudenback has more on the bill. Here’s a clip:

AB 1299, which was introduced by State Assemblyman Sebastian Ridley-Thomas (D), would require the California Department of Health Care Services (DHCS) to create clear policies to guide the transfer of responsibility for mental health services to a child’s county of residence. The bill would also compel the Department of Finance to establish a system to ensure that counties are fully reimbursed for providing mental health services, during the fiscal year when the services are delivered, by May of 2016.

All California foster youth are eligible for Medi-Cal, the state’s public health insurance program. But under current law, when a foster youth moves to a different county, responsibility for providing mental health services—and any related funding—remains with the county of origin and its network of service providers

As a result, nearly 12,000 out-of-county foster youth—or about one in five of all youth in the state’s child welfare system—are routinely left in limbo, waiting for mental health services that often take months to begin.

A 2011 report from the state’s Child Welfare Council, which is responsible for improving collaboration among child-serving agencies, revealed disparities between children in and out of county who were receiving mental health services. An examination of the data for all 58 counties in California showed that out-of-county youth received fewer average days of mental health outpatient or day services when compared to children with in-county placements (2.3 days versus 2.9).

“Part of the issue is that the counties have been in control of the money up until this point, and the money has not been flowing as it needs to when these kids are moving from one county to another,” said Khaim Morton, chief of staff for Ridley-Thomas. “We want to get to the point where we can collaborate and reach a compromise that will enable more of the money to reach these kids and more swiftly.”

California may once again find itself back in court as part of a class-action lawsuit if there isn’t an agreement soon, according to mental health advocate Patrick Gardner, founder of Young Minds Advocacy Project.

“If there isn’t a solution by the end of the year, either through negotiations under the auspices of the Child Welfare Council or through the work being done in the legislature, a judge is going to have to step in to fix this, because letting this continue is completely unacceptable,” said Gardner.


In 2011, California prisoners went on the first of three major hunger strikes over prison conditions and excessive and punitive use of solitary confinement.

Real efforts toward curbing solitary in state prisons began in late 2012. Prison officials reviewed the cases of prisoners in solitary, and released a modest number of long-isolated inmates back into the general population.

But the process has been slow and hard-fought.

In June, six San Quentin death row inmates held in “extreme isolation” filed a lawsuit against Gov. Jerry Brown, CDCR Secretary Jeffrey Beard and San Quentin Prison Warden Ronald Davis alleging cruel and unusual punishment.

The LA Times’ Paige St. John has more on California’s efforts toward limiting the use of solitary confinement. Here’s how it opens:

Even as it prepares for a courtroom showdown over the use of prolonged solitary confinement to keep order in its prisons, California has adopted emergency rules to dial down such isolation.

Inmates may no longer be put in isolation for refusing a cell assignment, for example, one of several prison infractions for which solitary confinement punishment has been reduced or dropped. And those being disciplined with segregation can cut that punishment in half with good behavior.

“This is part of an ongoing evolution in how we manage inmates in segregation,” said Terry Thornton, a spokeswoman for the corrections department. “There will be more changes.”

The new rules went into effect last month, ahead of public hearings scheduled for August. They come atop other changes that have cut the count of California prisoners held in near-constant lockdown from more than 9,800 in early 2014 to just under 8,700 last month.

The revisions also have been made amid an escalating debate over solitary confinement in U.S. prisons, of which California has the largest share.

Advocates for inmates are preparing to release research by a prominent corrections psychiatrist describing a malady he calls “SHU Post-Release Syndrome,” a reference to the Security Housing Unit, California’s name for long-term solitary confinement.

The study documents some of the same psychiatric effects raised last month by U.S. Supreme Court Justice Anthony Kennedy in an unusual opinion in a California death penalty case. He essentially invited a constitutional challenge to long-term isolation and the “terrible price” it extracts.

Posted in CDCR, DCFS, Foster Care, mental health, Obama, prison, Sentencing, solitary, The Feds | No Comments »

Finding the Child Welfare Czar….”Overcorrected, Overdirected, and Overpunished” Kids…Dylan Roof and CA Prison Segregation…and More

July 9th, 2015 by Taylor Walker


The LA County Board of Supervisors held a closed-door meeting Tuesday to interview two candidates to lead the Office of Child Protection, an entity recommended by a Blue Ribbon Commission on Child Protection convened to jumpstart much-needed reform efforts in the county child welfare system.

The Supes are slated to interview two more candidates today (Thursday), and could possibly issue their final decision today, as well.

Fesia Davenport, who has served as the interim child welfare czar, is reportedly among those being considered for the position.

Holden Slattery has more on the issue in a story for the Chronicle of Social Change. Here’s a clip:

Fesia Davenport, who the board appointed as interim director of the office in February, is a candidate for the position, according to Wendy Garen, president and CEO of the Ralph Parsons Foundation, which was one of 17 foundations to endorse the BRC recommendations in a letter to the Board of Supervisors.

“It’s been a robust process. There are outside candidates,” Garen said. “I do believe that Fesia [Davenport] is a candidate and that her performance to date has been remarkable.”

Garen said she has no knowledge about the other candidates and, due to that, she does not know whether Davenport is the best candidate for the job.

The creation of an Office of Child Protection was the most prominent recommendation to emerge from the Los Angeles County Blue Ribbon on Child Protection’s (BRC) December 2013 interim recommendations and again in its final report in April.

“I hope that the OCP director who the board ultimately hires is a person that is imbued with many of the traits that the child protection commission envisioned initially,” Leslie Gilbert-Lurie, co-chair of the transition team tasked with implementing the BRC recommendations, said in a phone interview Tuesday. “A strong leader with experience in child welfare who is collaborative and imaginative, and not afraid to stand up to the existing institutions.”


Katherine Reynolds Lewis has an excellent longread for the July/August issue of Mother Jones Magazine about psychologist Ross Greene’s game-changing discipline methods of teaching kids problem-solving skills instead of employing the now largely discredited punishment-reward system developed by B.F. Skinner in the mid-20th century.

The idea is that, punishing children who are acting out, and who are often called “challenging,” only exacerbates kids’ underlying problems and helps to push them through the school-to-prison pipeline. Kids brains have not developed enough to have control over their behavior and emotions, so punishing them, instead of helping them understand the “why” behind their behavior, is extremely counterproductive, according to Greene’s theory.

Here are some clips:

…consequences have consequences. Contemporary psychological studies suggest that, far from resolving children’s behavior problems, these standard disciplinary methods often exacerbate them. They sacrifice long-term goals (student behavior improving for good) for short-term gain—momentary peace in the classroom.

University of Rochester psychologist Ed Deci, for example, found that teachers who aim to control students’ behavior—rather than helping them control it themselves—undermine the very elements that are essential for motivation: autonomy, a sense of competence, and a capacity to relate to others. This, in turn, means they have a harder time learning self-control, an essential skill for long-term success. Stanford University’s Carol Dweck, a developmental and social psychologist, has demonstrated that even rewards—gold stars and the like—can erode children’s motivation and performance by shifting the focus to what the teacher thinks, rather than the intrinsic rewards of learning.

In a 2011 study that tracked nearly 1 million schoolchildren over six years, researchers at Texas A&M University found that kids suspended or expelled for minor offenses—from small-time scuffles to using phones or making out—were three times as likely as their peers to have contact with the juvenile justice system within a year of the punishment. (Black kids were 31 percent more likely than white or Latino kids to be punished for similar rule violations.) Kids with diagnosed behavior problems such as oppositional defiant disorder (ODD), attention-deficit/hyperactivity disorder (ADHD), and reactive attachment disorder—in which very young children, often as a result of trauma, are unable to relate appropriately to others—were the most likely to be disciplined.

Which begs the question: Does it make sense to impose the harshest treatments on the most challenging kids? And are we treating chronically misbehaving children as though they don’t want to behave, when in many cases they simply can’t?

That might sound like the kind of question your mom dismissed as making excuses. But it’s actually at the core of some remarkable research that is starting to revolutionize discipline from juvenile jails to elementary schools. Psychologist Ross Greene, who has taught at Harvard and Virginia Tech, has developed a near cult following among parents and educators who deal with challenging children. What Richard Ferber’s sleep-training method meant to parents desperate for an easy bedtime, Greene’s disciplinary method has been for parents of kids with behavior problems, who often pass around copies of his books, The Explosive Child and Lost at School, as though they were holy writ.

His model was honed in children’s psychiatric clinics and battle-tested in state juvenile facilities, and in 2006 it formally made its way into a smattering of public and private schools. The results thus far have been dramatic, with schools reporting drops as great as 80 percent in disciplinary referrals, suspensions, and incidents of peer aggression. “We know if we keep doing what isn’t working for those kids, we lose them,” Greene told me. “Eventually there’s this whole population of kids we refer to as overcorrected, overdirected, and overpunished. Anyone who works with kids who are behaviorally challenging knows these kids: They’ve habituated to punishment.”

Under Greene’s philosophy, you’d no more punish a child for yelling out in class or jumping out of his seat repeatedly than you would if he bombed a spelling test. You’d talk with the kid to figure out the reasons for the outburst (was he worried he would forget what he wanted to say?), then brainstorm alternative strategies for the next time he felt that way. The goal is to get to the root of the problem, not to discipline a kid for the way his brain is wired.

“This approach really captures a couple of the main themes that are appearing in the literature with increasing frequency,” says Russell Skiba, a psychology professor and director of the Equity Project at Indiana University. He explains that focusing on problem solving instead of punishment is now seen as key to successful discipline.

If Greene’s approach is correct, then the educators who continue to argue over the appropriate balance of incentives and consequences may be debating the wrong thing entirely. After all, what good does it do to punish a child who literally hasn’t yet acquired the brain functions required to control his behavior?

Schools and juvenile detention centers are starting to pick up Greene’s methods and are experiencing complete behavior turnarounds:

In 2004, a psychologist from Long Creek Youth Development Center, a correctional center in South Portland, Maine, attended one of Greene’s workshops in Portland and got his bosses to let him try CPS. Rodney Bouffard, then superintendent at the facility, remembers that some guards resisted at first, complaining about “that G-D-hugs-and-kisses approach.” It wasn’t hard to see why: Instead of restraining and isolating a kid who, say, flipped over a desk, staffers were now expected to talk with him about his frustrations. The staff began to ignore curses dropped in a classroom and would speak to the kid later, in private, so as not to challenge him in front of his peers.

But remarkably, the relationships changed. Kids began to see the staff as their allies, and the staff no longer felt like their adversaries. The violent outbursts waned. There were fewer disciplinary write-ups and fewer injuries to kids or staff. And once they got out, the kids were far better at not getting locked up again: Long Creek’s one-year recidivism rate plummeted from 75 percent in 1999 to 33 percent in 2012. “The senior staff that resisted us the most,” Bouffard told me, “would come back to me and say, ‘I wish we had done this sooner. I don’t have the bruises, my muscles aren’t strained from wrestling, and I really feel I accomplished something.’”

Read on…


In an essay for the Marshall Project, James Kilgore, who spent the majority of a six-and-a-half year prison term in California facilities, considers how Charleston church shooter Dylan Roof might be received at a CA prison where inmates have been racially segregated for decades.

Kilgore calls for national dialogue on white supremacy in prisons and urges lawmakers and corrections officials to put an end to their “complicity in reproducing hatred and division” through racially segregated detention facilities.

Here’s a clip:

He would certainly find instant camaraderie with the Peckerwoods, the Skinheads, the Dirty White Boys, the Nazi Low Riders. His admirers, men with handles like Bullet, Beast, Pitbull, and Ghost, would vow to live up to Roof’s example, either by wreaking havoc when they hit the streets or maybe even the very next day in the yard.

Roof’s newfound fan club would be ready to provide him with prison perks — extra Top Ramen, jars of coffee, a bar of Irish Spring. The guards, many with their own Roofish sympathies, would cut him some slack — an extra roll of toilet paper here, a few illicit minutes on the telephone there. If Roof were so inclined, the guards might turn a blind eye to his indulgence in illegal substances, from tobacco to papers of heroin to the carceral Mad Dog 20/20 known as “pruno.”

If Roof played by the convict code, he might quickly rise in the ranks of the white-power structure in the prison yard. Maybe after a few years, he would earn the status of “shot caller,” the highest rank within the racial groups. Then he could order hits on young white boys who defiled the race by playing a game of chess with a black man or offering a Latino a sip of his soda. Like all his white comrades, Roof would use the white showers, the white phones, the white pull-up bars. The yard might spark visions of a segregated utopia for Dylann, a wonderland where everyone was in their right place — separate and unequal.

But white supremacists in prison also live in a world of racial enemies. Fueled by paranoia and buttressed by complicit guards and administrators, Roof would be the target of personalized vengeance attacks. Just like on the streets, he would be constantly looking over his shoulder to fend off real and imagined enemies. In particular, he would realize that in a prison yard, there are plenty of black lifers who have nothing to lose and the muscle power to break him in half, like a dry stick. A warrior who took down Roof would get a hero’s welcome in the torturous isolation blocks at Pelican Bay or Corcoran. All this tension would no doubt make Roof a little uneasy, perhaps force him to remain “suited and booted,” armed with a razor blade in his mouth or a sharpened shank up his rectum.

But even with danger all around him, Roof might find solace in the fact that the prison authorities would not assign any whites and blacks to share a cell and would enable the segregation of day rooms and exercise spaces. This would be a refreshing change of pace for Roof.


The parents of a 19-year-old robbery suspect, Rashad Davis, fatally beaten in his jail cell in May, want answers from the San Bernardino Sheriff’s Department about why their son was assigned to a cell shared by a mentally unstable cellmate accused of beating a man to death with a baseball bat.

The SB Sheriff’s Dept. has not indicated whether or not Davis was housed with 22-year-old Jeremiah Ajani Bell due to a breakdown in screening protocol, but the department has recently been the subject of several scandals and investigations, including alleged excessive use of force and inadequate mental health treatment for inmates.

The LA Times’ Paloma Esquivel has the story. Here’s a clip:

Posted in CDCR, DCFS, Foster Care, LA County Board of Supervisors, Mental Illness, race, School to Prison Pipeline, Trauma, Zero Tolerance and School Discipline | No Comments »

CA Cuts Prison Guard Training Time, a San Quentin Lawsuit, Graduating LA Foster Students Honored, and an Award for “Drugging Our Kids”

June 25th, 2015 by Taylor Walker


Through an agreement between California Correctional Peace Officers Association and Gov. Jerry Brown, the training academy for California prison guards will be shortened from 16 weeks to 12 weeks starting in July.

The shortened training will allow for the CA Dept. of Corrections and Rehabilitation to graduate an additional class of around 250 each year, to help the department reach its three-year goal of hiring 7,000 new prison guards.

Some classes will be cut and some will be merged to account for the lost four weeks.

Concerned about their already maligned profession, CCPOA agreed to the shorter training on the condition that a training standards oversight commission be relaunched and funded.

The Sacramento Bee’s Jon Oritz has more on the issue. Here are some a clips:

CCPOA under founding President Don Novey, for years fought for a 16-week academy as part of an agenda to elevate the professionalism and safety of front-line prison staff. Part of the calculus was money: The more training and expertise required for the job, the stronger the argument for higher compensation.

So the union was well-positioned in the 1980s when lock-’em-up laws in California sparked a boom in prison construction and a demand for officers to staff those facilities. By the early 2000s, the confluence of politics and policy made California’s prison officers among the highest-paid in the nation.

Today, California state correctional officers earn from $3,172 per month at entry level to $6,644 per month for the most senior employees. The figures do not include officers’ overtime, which has climbed as the state has run short of staff.

Over the last several years, however, court orders to cut the state’s prison population and a shift to incarcerating more offenders in local jails reduced the number of inmates in state prisons. The state also shut down its cadet academy in Galt, effectively choking off the pipeline of new employees to replace hundreds who retired each month. Overtime among prison officers soared.


The union agreed to the shorter academy in exchange for reviving and reconstituting the Commission on Peace Officer Standards and Training, which lost funding during the Arnold Schwarzenegger administration.

The new six-member board will be comprised of three seats appointed by the governor and three rank-and-file seats. Before the board went dormant, the department appointed three members and the governor appointed three – essentially making the panel an extension of the executive branch.


Six San Quentin death row inmates held in “extreme isolation” have filed a lawsuit against Gov. Jerry Brown, CDCR Secretary Jeffrey Beard and San Quentin Prison Warden Ronald Davis alleging cruel and unusual punishment.

The inmates, who are classified as gang-affiliated, are held between 21-24 hours per day, receive three showers per week, and say they don’t get enough sleep they are subjected to frequent suicide checks.

Courthouse News Service’s Nick Cahill has more on the issue, including the controversial gang-affiliation designation. Here’s a clip:

All are classified “Grade B” prisoners, subjecting them to “stark and cruel deprivations,” including 21 to 24 hours per day in their cell, just three showers per week and lack of sleep due to constant suicide checks by jailers.

Lopez claims that all condemned prisoners deemed to have gang affiliations are classified Grade B, whether they were in a gang or not. He claims the California Department of Corrections and Rehabilitation violates their constitutional rights by making them Grade B prisoners though they have not participated in gang activity at San Quentin.

“The condemned unit has no process or quality control measures for assessing whether plaintiffs and the class remain active participants in prison gangs,” the complaint states. “As a result, plaintiffs and the class are often assessed as having gang allegiances because of their ethnicity and the region in which they grew up.”

Though prison regulations require review of Grade B classification every 90 days, Lopez calls it a “meaningless and perfunctory process.” Though several plaintiffs have no disciplinary infractions at San Quentin, they are subjected to Class B restrictions anyway.


More than 170 high-achieving students in foster care received scholarships and were honored at the Walt Disney Concert Hall late last week. In California, only 58% of foster kids graduate high school. Beating the odds, all students honored graduated high school with a 2.8 or higher, and are heading off to college or a vocational school.

KPCC’s Rina Palta and Chronicle of Social Change’s Holden Slattery reported on the event and some of the incredible challenges overcome by the students honored.

Palta has the story of quadruplets who were shuffled around in foster care before reuniting and completing high school together. Here’s a clip:

“People definitely look down on us and think you’re not going to make it out of college and stuff – we’re going to end up in jail, we’re going to end up homeless,” said Bianca Lucci, the fraternal sister amongst the quadruplets. “But I believe that’s not true. As long as you have determination and you work hard in school, you’ll achieve your goals.”

The quadruplets are among 175 high-achieving foster children who were honored with scholarships at an event at the Walt Disney Concert Hall Thursday.

They entered the foster care system after abuse and abandonment.

Madison Lucci remembers the exact moment — on Christmas Eve — when the police showed up to take the girls from their home, where they had been left alone.

“Christmas is supposed to be when you’re with your family,” she said. But that day, the sisters were split up and spent the next few years in and out of foster homes and group homes. In 2011, they all finally settled in Rancho Palos Verdes, where they all graduated from high school this month.

Slattery follows the story of Destinee Ballesteros, a straight A student with dreams of becoming Chief Supreme Court Justice whose life was turned upside down when she entered foster care. Here’s a clip:

Destinee was accepted into the competitive magnet program at AV Soar High School, located right on the Antelope Valley College campus in Los Angeles County, where she could challenge herself with college classes.

But during those high school years, her mother began using methamphetamines, which made her hallucinate, Destinee explained in a recent interview. Destinee’s mother would take her and her brother away from their home to escape from “unsafe people.”

“Even though we had a house, she thought it was unsafe,” Destinee said. “So we would bounce from hotels to shelters.” Destinee started missing school because she had no way to get there, and because caring for her younger brother became her top priority.

After a hotel clerk called the Los Angeles County Department of Children and Family Services (DCFS), a social worker determined that the two siblings had been neglected. Destinee and her brother entered foster care, and Destinee was transferred to a different school. There, during her junior year, she got her first F.

“It [getting an F] was really hard,” Destinee said. “It really broke my heart, but then again, I realized that sometimes you’ve got to fail in order to appreciate the success.”


San Jose Mercury reporter Karen de Sá and photojournalist Dai Sugano have won a well-deserved Edward R. Murrow Award for the country’s best news documentary video by a large online organization, for their series “Drugging Our Kids,”—a powerful investigation into the excessive use of psychotropic medications to treat California kids in the foster care system.

De Sá and Sugano’s five-part series (which won three other national awards) sparked important legislative change and reforms. Read the series and watch the documentary: here.

Posted in CCPOA, CDCR, DCFS, Edmund G. Brown, Jr. (Jerry), Education, Foster Care, prison policy, solitary | 1 Comment »

LA Jail Settlement over Disabilities Law, Drunk CA Prison Guards with Guns, Recording Studio in Juvie Lock-up, and Gradual Reentry

March 24th, 2015 by Taylor Walker


On Monday, U.S. District Court Judge Dean Pregerson gave the final approval for an LA Sheriff’s Department settlement of a federal class action lawsuit alleging jail conditions that violated the Americans with Disabilities Act.

Peter Johnson, the lead plaintiff in the lawsuit, was arrested for petty theft in 2007. Johnson was shot in the spine when he was fifteen, leaving him paralyzed from the chest down and wheelchair-bound. There were no accessible toilets in the inmate reception center, so for more than 8 hours while being booked into jail, Johnson had to sit in his own waste. Neither were there accessible drinking fountains. Jail officials took Johnson’s personal wheelchair and replaced it with a broken jail-issued wheelchair. The seat was falling out, and there were no foot rests, so Johnson’s feet dragged on the floor. And because there were no brakes, Johnson would fall onto the floor when he tried to move from the chair to the bed or toilet.

Although, the battle over the lawsuit raged for the last seven years, the suit has, nonetheless, stimulated the county to make recent major changes to jail facilities’ accessibility for inmates with mobility disabilities.

Sheriff Jim McDonnell told ABC7 on a recent jail visit, “You’ve got to provide a location that is humane. You’ve got to treat people as well as you can treat them. When you look at the environment we’re in–ADA compliance, all of those issues–these facilities were built before any of those rules were in place.”

Here’s a clip from the Disability Rights Legal Center’s announcement detailing the progress:

The settlement has already resulted in significant changes in the massive jail system, including the construction of wheelchair accessible toilets in the Inmate Reception Center, new housing for inmates with disabilities in the jail’s Twin Towers complex, nearly doubling the jail’s capacity to accommodate inmates with mobility impairments, and a new system to deliver working wheelchairs to inmates. The County has also agreed to provide equal access to employment, educational and vocational programs, offer physical therapy in the jail, appoint an ADA coordinator to address complaints from inmates or family members, and create a new ADA complaint system that will allow secondary review of wheelchair accommodations.

In a statement issued Wednesday night, the sheriff’s department said, “As exemplified by the settlement and its approval by the Court, the Los Angeles County Sheriff’s Department is committed to complying with the American’s with Disabilities Act, which includes housing mobility impaired inmates in accessible locations in the jails.”

Melinda Bird, Litigation Director for Disability Rights California, talked about the settlement as a “tribute to the persistence and courage of people like Mr. Johnson, who spoke out for the rights of people with disabilities…”

The ACLU SoCal’s Jessica Price said, “This settlement is a huge step in the right direction towards ensuring that inmates with mobility disabilities receive basic accommodations, but it is just the beginning. Now inmates, their family members, the Office of the Inspector General, and the lawyers must be vigilant to ensure these important protections are enforced.”


In a recent report, the California Department of Corrections and Rehabilitation’s Inspector General Robert Barton said many California prison guards are having trouble refraining from drunkenly brandishing their weapons in public, shooting them, and leaving them in their kids’ toy chests (yes, really).

This is the third time Barton has called on the CDCR to put a policy in place to revoke prison guards’ concealed carry permits when they are found to be carrying firearms while drunk.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“Such behavior is not only dangerous to the public but brings discredit to the department,” Inspector General Robert Barton wrote in a report that tracks departmental and criminal investigations of Department of Corrections and Rehabilitation employees…

It’s the third time Barton has made the recommendation in the last 18 months, but the department said in its response that it is still working on “a statewide, comprehensive policy to address the issues surrounding concealed weapons permits.”

Meanwhile, Barton said the incidents keep piling up:

— A correctional officer was found to have a handgun in his pants pocket when he was arrested for being drunk and urinating outside a business.

— An officer was arrested for child endangerment after he drunkenly left guns scattered around his house where his three children could find them, including a loaded firearm in a toy box…


The San Francisco Juvenile Probation Department and the nonprofit Sunset Youth Services have teamed up to bring music recording equipment to kids in juvenile detention.

Through the unique program, locked-up kids record their own songs using one of Sunset’s mobile recording studios. The non-profit’s record label, UpStar, is run by at-risk kids and young adults, and has recently expanded into SF’s Juvenile Justice Center. UpStar provides a therapeutic outlet for kids behind bars, as well as those on the outside, to work through their emotions and past traumas.

The San Francisco Examiner’s Laura Dudnick has more on the program. Here’s a clip:

Luis Recinos, director of the Juvenile Justice Center, said the partnership aligns with the center’s goal to give kids as many opportunities as possible while in custody. “Sometimes it takes a program such as this to spark something in them that changes the way that they want to live their lives,” Recinos said.

The recording equipment kept at the Juvenile Justice Center is one of Sunset Youth Services’ two mobile recording studios, which includes a portable sound booth and computer.

The mobile studios are also brought to San Francisco high schools for students to record music on their lunch breaks.
But professional-quality recording studios at the Sunset Youth Services center on Judah Street at 44th Avenue is where much of the music magic happens. There, in the brightly decorated facility, at-risk youths and young adults are offered hands-on experience recording, mixing, mastering, releasing, distributing and promoting their own music and videos.

Sunset Youth Services’ youth-run label UpStar Studios has even produced five albums that are annual compilations of the best work created by musically inclined, at-risk youths.

Through speaking with teens at the Sunset district center — many of whom are on probation — Dawn and Ron Stueckle, who co-founded what would become Sunset Youth Services in 1992, moved forward last year to bring the music to the juvenile inmates.

The program at juvenile hall allows inmates to use the recording equipment three days a week.

“Kids from different units on different days [gather] to record with staff,” Dawn Stueckle said. “What we’re doing right now is giving kids an opportunity to just write their own songs and learn the gear.”

Another male inmate at the Juvenile Justice Center, age 16, has been using the mobile recording studio since it arrived late last year. Before he was in custody, the youth first learned of Sunset Youth Services at age 14 through a friend.

“I grew up kind of troubled, but I always tried to make it better,” the Mission native said. “I didn’t find an outlet up until I came to Sunset Youth Services, where I could finally express all my anger.”

The 16-year-old participated in an internship at Sunset Youth Services before being hired as a studio technician, specializing in beat production.

His lyrics chronicle his personal experiences leading up to his life at the juvenile facility.
“Even tho I’m looked down my name is said thru all my fans / Shot at but never ran and I made another year / three bullets hit my body but I still ain’t got a fear.”

“We want the kids to make music they’re proud of ... but our goal is bigger than music,” Dawn Stueckle explained. “Music is the vehicle by which we can gain entry into their lives and begin to earn trust, and earn the right to journey with them and support them over the long haul.”


Vox’ Mark Kleiman, Angela Hawken, and Ross Halperin have a lengthy, but worthwhile essay exploring graduated reentry services (incremental freedom through housing and employment) as a way to greatly reduce mass incarceration and the seemingly neverending cycle of recidivism.

Here’s a clip:

Start with housing. A substantial fraction of prison releasees go from a cellblock to living under a bridge: not a good way to start free life. Spend some of the money that would otherwise have financed a prison cell to rent a small, sparsely furnished efficiency apartment. In some ways, that apartment is still a cell and the offender still a prisoner. He can’t leave it or have visitors except as specifically permitted. The unit has cameras inside and is subject to search. But he doesn’t need guards, and doesn’t have to worry about prison gangs or inmate-on-inmate assault.

Drug testing and sanctions can avoid relapse to problem drug use; GPS monitoring can show where the re-entrant is all the time, which in turn makes it easy to know whether he’s at work when he’s supposed to be at work and at home when he’s supposed to be at home. This makes curfews enforceable and keeps him away from personal “no-go” zones (the street corner where he used to deal, the vicinity of his victim’s residence). GPS would also place him at the scene of any new crime he might commit, thus drastically reducing his chances of getting away with it and therefore his willingness to take the gamble.

The apartment functions as a prison without bars.

In some ways, it’s a fairly grim existence, especially at the beginning: the offender starts off under a strict curfew, allowed out only for work, job hunting, and necessary personal business (food shopping, medical care, service appointments), as well as to meet the correctional officer in charge of his supervision. And he’s required to work full-time at a public-service job, earning a little less than the minimum wage. On top of that, he has to spend time looking for an ordinary paying job (being supplied with appropriate clothing and some coaching in how to do a job search). He never touches money except for small change; he makes purchases as needed with an EBT or debit card, and only for approved items. The “no-cash” rule both makes it harder to buy drugs or a gun and reduces the benefits of criminal activity. Since he’s eating at home, he needs food, some minimal kitchen equipment, and perhaps some simple cooking lessons. (Whether groceries are delivered or whether he’s expected to shop for his own food right away is another detail to work out.)

Minor violations — staying out beyond curfew, using alcohol or other drugs, missing work or misbehaving at work, missing appointments — can be sanctioned by temporary tightening of restrictions, or even a couple of days back behind bars, in addition to slowing the offender’s progress toward liberty. Major violations — serious new offenses, attempts to avoid supervision by removing position-monitoring gear — lead to immediate termination from the program and return to prison. Not, on the whole, an easy life. But it’s much simpler than the challenge of a sudden transition from prison to the street.

Moreover, if you were to ask a prisoner who has now served two years of a five-year sentence (for drug dealing, say, or burglary), “Would you like to get out of prison right now and into the situation I just described?” the odds of his saying “Yes” would be excellent. And if he didn’t, his cellmate would. Indeed, entry to the program could be offered as a reward for good behavior in prison, improving matters for those still “inside” — and those guarding them — as well as those released.

And — this is the central point — the offender’s freedom increases over time, as long as he does what he’s supposed to do.

Posted in ACLU, CDCR, guns, Inspector General, LA County Jail, LASD | No Comments »

Homeboy’s New Digs, Appealing Compassionate Release Denials, Today’s Faces of Civil Rights…and More

March 9th, 2015 by Taylor Walker


Homeboy Industries—the gang recovery program founded by Father Greg Boyle that, for over 25 years, has helped thousands of men and women find healthy alternatives to gang life—has bought a much-needed new building that will add 6,000 square feet of space in which to provide employment, job training, and other crucial services.

Homeboy’s financial situation is on the upswing after a drastic downsizing in 2010, but the program still only receives 2% of their budget from government money.

The LA Times’ Brittny Mejia has the story. Here are some clips:

The desperately needed new space will provide welcome relief and allow Homeboy to provide better services to existing clients, said Thomas Vozzo, Homeboy’s chief executive. In addition to job training and counseling, Homeboy provides mental health services as well as job placement, tattoo removal and educational services.

“With that steady financial footing we’ve been on over the last couple of years, it’s time to take on a little bit of an expansion,” Vozzo said.

For all the praise Homeboy Industries has received for its work, it has struggled to raise revenue. The recession saw private donations drop, and the number of jobs available for graduates of Homeboy’s various programs declined.

Boyle conceded that he had to think more like a businessman.

Homeboy’s board of directors has raised $10 million in each of the last two years through individual donors and foundations and has even managed to build up a reserve. Homeboy also has received a $600,000 line of credit and a $700,000 loan for the new building acquisition through Wells Fargo.

But the expansion doesn’t reduce the need for funds — the program receives less than 2% in government funding, Vozzo said. More space, for example, doesn’t necessarily translate into being able to serve more trainees.

“By getting that one building there, it’s not going to allow us to have more people in our program, it’s just going to allow us to do a better job of providing them services in a better environment,” Vozzo said.

Homeboy Industries is planning a grand opening for the new building in April, with the full facility occupied in May. The goal is to eventually take over a whole city block in Chinatown, where the organization can construct a larger building and provide more services to more people, Vozzo added.

For now, employees and volunteers are forced to get creative with space…


Late last week, the California Supreme Court unanimously ruled that state prisoners with terminal illnesses could appeal a judge’s decision to deny them compassionate release. The decision overturned a lower court decision that only the California Department of Corrections and Rehabilitation could appeal a denial of the state parole board’s recommendation of a prisoner for medical parole.

The Associated Press has more on the decision. Here’s a clip:

A few dozen inmates were recommended for a release annually between 1991 and 2009, according to statistics filed with the court by the prisoner advocacy group Justice Now. In an effort to ease prison overcrowding and cut costs, state lawmakers have made more incapacitated and ill inmates eligible for early release.

The ruling was made in the case of James Alden Loper, a San Diego man sentenced to six years in prison for insurance fraud in 2011. The next year, the California Department of Corrections and Rehabilitation recommended he be released because of health reasons, including incurable heart disease.

But a San Diego judge refused to let the agency release Loper after a prison doctor testified that it was unclear how long Loper had left to live…


Here are three things out of the coverage of the 50th anniversary of the “Bloody Sunday” march for voting rights that we didn’t want you to miss…

The LA Times’ Matt Pearce and Kurtis Lee have a group of profiles on this era’s newly emerging civil rights leaders. The list includes Michelle Alexander, the author of the New Jim Crow, Susan Burton, founder of A New Way of Life, Patrisse Cullors of Dignity and Power Now (and #BlackLivesMatter), Bryan Stevenson, MacAurthur “Genius” and founder of the Equal Justice Initiative, and Fania Davis, founder of Restorative Justice for Oakland Youth, as well as heavy hitters in immigration reform and LGBTQ rights.

Here are clips from two of the profiles, but do go read the rest:

Patrisse Cullors
AGE: 31

A self-described “freedom fighter” and “wife of Harriet Tubman,” Cullors founded the group Dignity and Power Now in 2012 to battle for law enforcement reform in Los Angeles County. Cullors came up with the #BlackLivesMatter hashtag after George Zimmerman was found not guilty in 2013 of criminal charges for fatally shooting Trayvon Martin. The #BlackLivesMatter social media campaign she helped foster caught on in Ferguson, Mo., after the death of Michael Brown in 2014 at the hands of a police officer.

“This post-racial Obama era has sort of bamboozled a lot of us into thinking that we’ve come much further than we actually have,” Cullors told California Sunday recently, explaining the significance of the #BlackLivesMatter message. “Obviously we haven’t had enough both talk and practice around what it means to save black lives, because we keep dying. We need to stop being fearful of talking about ourselves.”

Bryan Stevenson
AGE: 55

Stevenson belongs to a wave of civil rights advocates who focus on prison reform. A MacArthur “genius” grant winner and a Harvard Law School and Harvard Kennedy School of Government graduate, Stevenson and the Equal Justice Initiative represent death-row prisoners in the Deep South and advocate on behalf of young or poor prisoners. His 2012 TED talk in Long Beach, titled, “We Need to Talk About an Injustice,” has been watched more than 2 million times.

“We have a system of justice in this country that treats you much better if you’re rich and guilty than if you’re poor and innocent,” Stevenson said in the talk. “Wealth, not culpability, shapes outcomes. And yet, we seem to be very comfortable. The politics of fear and anger have made us believe that these are problems that are not our problems. We’ve been disconnected.”


Nikole Hannah-Jones has a thought-provoking essay in the March/April issue of Politico Magazine illustrating the rift between black Americans and white Americans on the subject of the cops who are supposed to “protect and serve,” but often instead stop-and-frisk, harass and detain, and even kill black Americans at highly disproportionate rates.

Here’s how it opens:

Last July 4, my family and I went to Long Island to celebrate the holiday with a friend and her family. After eating some barbecue, a group of us decided to take a walk along the ocean. The mood on the beach that day was festive. Music from a nearby party pulsed through the haze of sizzling meat. Lovers strolled hand in hand. Giggling children chased each other along the boardwalk.

Most of the foot traffic was heading in one direction, but then two teenage girls came toward us, moving stiffly against the flow, both of them looking nervously to their right. “He’s got a gun,” one of them said in a low voice.

I turned my gaze to follow theirs, and was clasping my 4-year-old daughter’s hand when a young man extended his arm and fired off multiple shots along the busy street running parallel to the boardwalk. Snatching my daughter up into my arms, I joined the throng of screaming revelers running away from the gunfire and toward the water.

The shots stopped as quickly as they had started. The man disappeared between some buildings. Chest heaving, hands shaking, I tried to calm my crying daughter, while my husband, friends and I all looked at one another in breathless disbelief. I turned to check on Hunter, a high school intern from Oregon who was staying with my family for a few weeks, but she was on the phone.

“Someone was just shooting on the beach,” she said, between gulps of air, to the person on the line.

Unable to imagine whom she would be calling at that moment, I asked her, somewhat indignantly, if she couldn’t have waited until we got to safety before calling her mom.

“No,” she said. “I am talking to the police.”

My friends and I locked eyes in stunned silence. Between the four adults, we hold six degrees. Three of us are journalists. And not one of us had thought to call the police. We had not even considered it.

We also are all black. And without realizing it, in that moment, each of us had made a set of calculations, an instantaneous weighing of the pros and cons.

As far as we could tell, no one had been hurt. The shooter was long gone, and we had seen the back of him for only a second or two. On the other hand, calling the police posed considerable risks. It carried the very real possibility of inviting disrespect, even physical harm. We had seen witnesses treated like suspects, and knew how quickly black people calling the police for help could wind up cuffed in the back of a squad car. Some of us knew of black professionals who’d had guns drawn on them for no reason.


By the way, Congressman John Lewis live-tweeted Bloody Sunday anniversary with his own memories and photos from the march. We highly recommend reading through them.

Posted in California Supreme Court, CDCR, Civil Rights, Homeboy Industries, law enforcement, racial justice | No Comments »

Prison Tech, Prez Nominates Deputy Mayor for US Attorney, Disabled in Isolation, Public Defenders’ Unconscious Bias

February 5th, 2015 by Taylor Walker


A three part series for Fusion by Kevin Roose and Pendarvis Harshaw explores digital tech issues in the criminal justice system.

Part one takes a look at the seemingly limitless flow of contraband cell phones, which inmates use for everything from to coordinating hunger strikes between prisons, to checking in with loved ones, to recording comedic vine videos. Here are some clips:

A month-long Fusion investigation turned up dozens of social media profiles of inmates currently serving time in several states, many of whom were frequent users of the services in question. Some inmates appeared to be accessing the Internet through proxies – a family member who had the inmate’s Facebook password, for example, and was using the account to relay messages – while other inmates appeared to be accessing the sites directly from their cells.

“Been on lock down for two weeks…going into the third week. Letters would be great. Money would be a blessing. If I have to choke down one more bologna sandwich I think I might snap….,” wrote one Facebook user last October. The user, whose name matches that of a current federal prisoner in West Virginia, appears to have posted to his Facebook profile from two other prisons where he was previously housed.

“Hello everyone, wanted to say hi and let u know I’m currently on an extended lock-down,” wrote another federal inmate, who is serving time for armed robbery at a high-security facility in Texas. “Dont worry I’m nit [sic] in trouble the lock-down is due to a big incident that happened between two gangs at my location,” the inmate wrote….

Other social networks, too, are filled with evidence of contraband activity. One Vine user, who goes by “Acie Bandage,” has posted dozens of six-second videos of himself and his fellow inmates dancing, goofing off, and doing impersonations from their prison cells. (The user wraps a bandage around his face during the videos to disguise his identity — click here to see more of his videos, which are really quite something.)


Beyond the pragmatic safety issues, there are philosophical questions about the role digital culture should play in the criminal justice system. In 2015, as technology forms the base layer of culture, communication, and education, is it cruel and unusual to cut prisoners off from the entire online universe? What’s the role of technology in rehabilitation? If the purpose of a prison is to restrict an offender’s movement and keep him from causing further harm to the general population, should those restrictions apply just to the physical body? Or should his virtual self be imprisoned, too?

The second story explores the issue of teaching inmates technology in prison, for job seeking purposes, and also so that they can more easily reenter their digitally-connected communities.

Roose and Harshaw focus on Code 7370, a coding program put on by the Last Mile, in partnership with Hack Reactor and the California Prison Industry Authority. While the vocational program at San Quentin State Prison does not directly connect participants to the internet, their completed coursework is tested on an administrator’s computer and projected onto a screen. And although there do not seem to be many pre-release programs to teach inmates the basic tech skills they will need to thrive on the outside, yet, the calls for such training are growing louder. Here’s a clip:

For former inmates, the transition out of prison and into the 21st century can be jarring. Many newly paroled inmates, especially those who served long sentences, have never sent an e-mail, used a smartphone, or filled out an online form. The unfamiliarity of these systems can create hurdles when it comes to mundane tasks, such as buying groceries from the self-checkout aisle at the store or using an electronic subway pass. And when it comes to applying for jobs, small hurdles can turn into huge obstacles.

The post-prison lives of inmates are rarely easy, technology problems or no. 77 percent of ex-convicts are arrested again within a 5 year period of being released, according to a study conducted by the Bureau of Justice. But numerous studies have shown that vocational training and educational opportunities, like those offered by The Last Mile, can help keep ex-inmates from returning to prison. A 2010 study by The Rand Corporation showed that fewer than half of incarcerated people receive academic instruction while behind bars. Those who do receive educational or vocational training, though, are 43 percent less likely to become repeat offenders, and 28 percent more likely to land a job.

One graduate of The Last Mile, Kenyatta Leal, got his first smartphone shortly after being released from San Quentin, where he served the last part of a 19-year sentence for firearms possession. Leal, 46, was no stranger to technology – years before, he’d been given 40 days of isolation in “the hole” as punishment for having a cell phone in prison – but he’d never had a phone capable of downloading apps, streaming music, and sending e-mail. In his new job at RocketSpace, a San Francisco tech co-working space whose founder hired Leal after meeting him in Code 7370, he realized he would need to catch up.

“I didn’t have any tech skills, but I had bust-my-ass skills,” says Leal. “My boss gave me a Galaxy III on my first day, and I took it home, figured out YouTube, and watched, like, four different videos on how to send an e-mail.”


On Wednesday, President Barack Obama nominated Eileen Maura Decker to be US Attorney of California’s Central District. Decker is a former federal prosecutor and currently serves as Los Angeles’ deputy mayor on law enforcement and public safety.

Decker would take the place former US Attorney André Birotte Jr., who was sworn in as the newest judge of the federal District Court in Los Angeles in October.

The Associated Press’ Brian Melley has more on Decker’s nomination and background. Here’s a clip:

Mayor Eric Garcetti credited Decker’s leadership with bringing crime to a historic low in the city, overhauling the fire department and making the city a model for disaster preparedness.

“Our office will miss her work and I will personally miss her, but I am glad that her new position keeps her in the business of keeping L.A. safe,” Garcetti said.

Decker was recommended for the post by Sen. Dianne Feinstein, D-Calif., who said she was highly qualified to work with federal, state and local law enforcement in a region of 19 million people that spans from Orange County to San Luis Obispo and the Inland Empire.

Decker, 54, who earned her undergraduate and law degrees from New York University, started her legal career in private practice in 1990.

She worked as a law clerk for U.S. District Judge Gary L. Taylor for two years, returned to private practice and then became an assistant U.S. attorney in 1995, where she prosecuted cases involving national security, fraud and organized crime. She also has a master’s degree from the Naval Post Graduate School’s Center for Homeland Defense and Security in Monterey.


An Oakland federal judge has ordered California prisons to discontinue sticking disabled inmates in solitary confinement due to lack of space elsewhere in the facility. Judge Claudia Wilken says a number of state prisons are in violation of the Americans with Disabilities Act, but that San Diego’s R.J. Donovan Correctional Facility is the most egregious violator. Wilken is currently hearing a class-action lawsuit against California’s solitary confinement practices.

The LA Times’ Paige St. John has the story. Here’s a clip:

Lawyers for prisoners and the state in 2012 had agreed on a plan to find more suitable housing within the state’s crowded prison system. Even so, Wilken found, prison logs showed 211 disabled inmates had been put in the isolation cells in the past year, spending from one day to one month in the units. Most of those cases were at one prison — R.J. Donovan Correctional Facility in San Diego.

Jeffrey Callison, a spokesman for the corrections department, said the agency was reviewing the court’s order but otherwise did not comment.

Lawyers for Atty. Gen. Kamala Harris, representing the corrections department, argued in court that the problems at the San Diego prison would best be resolved internally by state policy changes.

A corrections department administrator said the housing assignments were temporary as the state copes with unplanned need to move 400 to 600 inmates between prisons every week, some the result of other court orders to relocate prisoners at risk of contracting valley fever or to receive mental health care.


The Sixth Amendment Center’s David Carroll interviews Tigran Eldred, New England Law Professor and former public defender, about what he calls “ethical blindness,” which the prof. says is what happens when well-meaning public defenders are too overloaded to detect when they are giving poor clients subpar representation.

Elgred names three components: confirmation bias—preferring information that validates prior beliefs, motivated reasoning—seeking information that brings preferable answers, and overconfidence bias—misjudging the power to give effective counsel in the face of extreme adversity.

Here’s a clip from the interview:

DC: Okay – let’s try to unpack this for our readers. Are you saying that the demands of excessive caseloads force public defenders into making quick decisions about cases everyday that that they themselves may not be consciously aware of?

TE: That’s basically it. And, the scientific support for this comes from the world of “behavioral ethics.” In particular, three psychological factors are relevant to the excessive caseload discussion. First, we all experience what is known as “confirmation bias.” This is the tendency in all of us to seek out, interpret and remember information in a manner that supports our pre-existing beliefs. The second and related concept is “motivated reasoning.” Not only do we seek to confirm our pre-existing beliefs, but also we do so to reach conclusions that we prefer. Third, because of our general desire to think well of ourselves, we tend to experience an “overconfidence bias,” including the tendency to overestimate our abilities to act competently and ethically when confronted with difficult dilemmas.

All of three of these factors occur unconsciously. We are tricked into believing that our choices are reasoned, even when often they are not. Our brains convince us our quickest decisions are solely the result of conscious and rational deliberation. But all the while we are blissfully unaware of how our pre-existing views, desires and self-conception can influence the judgments and decisions that we make.

DC: So, we need some context here. Can you explain these theories within the specific debate of how public defenders respond to excessive caseloads?

TE: Certainly. I agree with Professor Gross that defenders who have too much work often have only one option: to triage cases. Structurally, they are forced into focusing limited resources on a percentage of cases at the expense of many others – and on those cases that don’t get the same level of focus or resources, you wind up with an assembly line of quick plea dispositions. When this type of triage occurs, the psychological phenomena I have described can be expected to exert significant influence.

For example, by starting with the premise that most cases will need to be disposed of quickly, lawyers will likely engage in confirmatory and motivated reasoning, unconsciously seeking reasons to justify this pre-determined conclusion. This can happen in a number of ways. For example, the lawyer might overestimate the strength of the evidence against the client or underestimate the value of additional investigation. Acts of omission, as Professor Gross notes, can have a profound effect on a case. When the lawyer fails to seek exculpatory material, to interview witnesses or to visit a crime scene – or fails to engage in many other forms of advocacy for a client – the lawyer is essentially confirming the pre-existing belief that no additional work for the client will be helpful.

DC: In studying indigent defense services all across the country, I continually encounter public defenders that tell me that I should not be so dismissive of early resolution courts because they often result in favorable decisions to defendants.

TE: Right, they’re playing the percentages. While in many instances it may be true that the best course of action is a quick plea bargain, it is also true that in many instances it is not. There is a significant chance that the decision to forgo additional work for the client is the product of the type of fast thinking I have described. And then, after the fact the process become self-fulfilling. The lawyer has decided that a quick plea is appropriate without further investigation. So the client is advised to take the plea quickly and the lawyer, laboring under the illusion that the decision was solely the product of rational deliberation, remains convinced of the propriety of the decision — unaware of the subtle psychological forces that conspire to influence the lawyer’s behavior.

Tilgard goes on to explain how to reform indigent defense in a way that will effectively combat these unconscious biases:

TE: This is where the latest post by Mr. Vitale is so critical to the discussion. He suggests that indigent defense reform must occur on three fronts: system-building, public advocacy and culture change. I agree all three are critical to overcoming ethical blindness. Public defenders must work in systems that insulate them from undue political and judicial interference. Without structural independence there is little hope that public defenders can overcome these issues alone.

Posted in CDCR, Obama, prison policy, Public Defender, Reentry, solitary, U.S. Attorney | 1 Comment »

Richmond PD Chief Improves Cop Morale….DOJ Calls Albuquerque Police “Reckless” ….Prop 47 Lowers Jail Pop….Luis Rodriguez’s Words Save Lives…..Saying Goodby to Rick Orlov

February 3rd, 2015 by Celeste Fremon


When Richmond CA hired Chris Magnus, an openly gay white guy from Fargo, North Dakota, to take over its scandal ridden police department, local cops and members of Richmond’s primarily minority communities were….how to put it?….skeptical.

But Magnus didn’t blink at the initially less-than-enthusiastic reception. He immediately disbanded the department’s “street teams,” units of heavily armed officers deployed in high-crime areas. He didn’t like the impression that the the street teams gave of being an occupying army that arrested people for small amounts of drugs and other minor crimes. Instead, he asked his officers to attend community meetings and employed a system he called a “Neighborhood Beat Policing” model. “Our goal is to build continuity of presence and the strongest possible relationships between officers and the public in every area of the city, he wrote on the Richmond PD website.

Now crime is down and morale in the Richmond PD is up.

Aron Pero of the Associated Press has more. Here are some clips:

Magnus also eliminated the seniority system that allowed officers to choose the areas they would patrol. He required officers to take on more responsibilities on their beats beyond responding to calls. Beat officers are required to attend neighborhood meetings and to maintain a high profile at churches, schools and businesses. They’re encouraged to hand out their mobile phone numbers and email addresses to residents.

“A lot of people were skeptical at first … I know I was skeptical. I mean, not only was he coming from outside the department, he was coming from Fargo, of all places,” said Officer Virgil Thomas, a 19-year veteran of the force and the newly installed president of the police union. “But he came in with a plan and stuck to it, and the image of the city and of the police has changed dramatically. Morale has improved greatly.”

Controversy erupted in December, however, when at a local protest over events at Ferguson and in New York City, Magnus held up a sign reading “#blacklivesmatter.” But even that criticism dissolved quickly.

The [police] union initially objected to the police chief’s participation in the Dec. 9 demonstration. The association’s lawyer said Magnus’ appearance in uniform “dishonored the department” and violated a law barring political activity on duty. But Thomas said the union backed away from those claims after sitting down and talking with Magnus about the demonstration.

“We talked about it, and I understand what he was trying to do,” Thomas said. “He’s trying to bridge the gap, like we all are.”

It helped, of course, that policing in Richmond is effective under Magnus’ stewardship.

The city in 2014 recorded 11 murders, the lowest rate per capita in recent decades. It was the fifth straight year the murder rate declined in Richmond. Violent crimes and property crimes alike have plummeted, as have officer-involved shootings. The U.S. Department of Justice recently added Magnus to a panel of experts investigating police relations with the community in Ferguson, Missouri.


While the relationship between members of the Richmond PD and those it serves has blossomed, in Albuquerque matters appear to be going in a less positive direction.

In 2007, crime was higher than the national average in Albuquerque, NM, and the city’s police department was having trouble recruiting police officers, despite the perks the APD offered to those who signed up. Pressured, the department higher-ups started cutting corners. They stopped consistently using psych exams for applicants, and began taking men and women who had washed out of other departments, and others whom the department’s training officers warned had….issues.

By 2011, the rate of fatal shootings by police in this city of five hundred and fifty thousand, was eight times that of New York City. More half of those killed were mentally ill. No officer had ever been charged, and few were disciplined.

Writing for the New Yorker, Rachel Aviv tells the story of one of those fatal shootings. It’s a tale that involves threats, intimidation, the DOJ and one more shooting last March. But this time the shooting of a homeless mentally ill man named James Boyd was caught on video and, in January, resulted in charges.

Here’s a clip from Aviv’s story:

Stephen Torres was meeting with a client at his law office, in downtown Albuquerque, on April 12, 2011, when he received a call from a neighbor, who told him that police officers were aiming rifles at his house. He left work and drove to his home, in a middle-class suburb with a view of the mountains. There were more than forty police vehicles on his street. Officers wearing camouflage fatigues and bulletproof vests had circled his home, a sand-colored two-story house with a pitched tile roof. Two officers were driving a remote-controlled robot, used for discharging bombs, back and forth on the corner.

Stephen’s wife, Renetta, the director of human resources for the county, arrived a few minutes later, just after three o’clock. A colleague had heard her address repeated on the police radio, so her assistant pulled her out of a meeting. When Renetta saw that the street was cordoned off with police tape, she tried to walk to her house, but an officer told her that she couldn’t enter the “kill zone.” “What do you mean ‘kill zone’?” Renetta asked. “Ma’am, you can’t go any further,” the officer said.

Renetta knew that the only person at home was the youngest of her three boys, Christopher, who was twenty-seven and had schizophrenia. Two hours earlier, he had stopped by her office for lunch, as he did a few times a week. Then he visited an elderly couple who lived two houses away. He said that he needed to “check up on them”; he often cleaned their pool or drove them to the grocery store. Because he found it overwhelming to spend too much time among people, he tried to do small, social errands, so as not to isolate himself.

When Stephen asked the police what had happened to Christopher, he was told only that there was an “ongoing criminal investigation.” Stephen offered to let the officers inside the house, but they refused. Stephen called a close friend on the force, who said that a person had been taken off in an ambulance earlier in the afternoon, at around two o’clock. Stephen called the three main hospitals in Albuquerque, but Christopher hadn’t been admitted to any of them.

Stephen called a neighbor, Val Aubol, who lived across the street, to find out what she could see. Aubol peeked through the shutters of her front window and saw ten officers lined up against a neighbor’s garage, next to the Torreses’ house. The SWAT team’s Ballistic Engineered Armored Response Counter Attack Truck was parked in front of them. When Aubol went into her back yard, she saw a rope dangling from her roof. An officer had climbed up and was pointing his gun at the Torreses’ house. Another officer was crouching behind the gate at the side of her house. She told the officers that she’d spoken with Christopher’s father, but an officer waved her back inside. “Stay in the house!” he shouted.

At around five-thirty, a female officer stepped out of a mobile crime unit, an R.V. where detectives processed evidence, and waved the family over. “She was so detached,” Renetta said. “All she said was ‘I regret to inform you that your son is deceased.’ ” She did not tell them how their son had died or where they could find his body. The Torreses asked if they could go home, but the officer said that it was still an active crime scene.


Nick Pinto at RollingStone has another feature on the Albuquerque police, which has the details on the James Boyd shooting.

Here are some clips from Pinto’s story:

…On the afternoon of March 16th, 2014, Albuquerque police received a 911 call from this part of town, a man complaining that someone was illegally camping in the foothills. Two Albuquerque officers responded and, sure enough, encountered James Matthew Boyd, a 38-year-old homeless man who suffered from schizophrenia. Boyd was clearly not well, ranting, telling police that he was an agent for the Defense Department.

Unauthorized camping is a petty misdemeanor. The officers could have told Boyd to move along and left it at that. But as Officer John McDaniel approached, Boyd wouldn’t show his hands and McDaniel drew his gun. When the officers moved to pat him down, Boyd pulled out two small knives; the cops stepped back and called for backup, setting off a spectacular circus, with as many as 40 police officers reportedly joining the standoff. Among them were uniformed cops and members of the SWAT team, the tactical K-9 unit and the Repeat Offender Project squad.

Not present, Boyd’s family would later allege in a complaint, was anyone clearly in charge. Keeping Boyd surrounded, often with guns drawn, officers tried to get him to surrender his knives. Finally, after three hours, Boyd prepared to come down from the hills. “Don’t worry about safety,” he told the police. “I’m not a fucking murderer.” But as Boyd packed his stuff, both hands full of possessions, Detective Keith Sandy — who hours before, on arriving at the scene, boasted on tape that he was going to shoot “this fucking lunatic” with a Taser shotgun — tossed a flash-bang grenade, a nonlethal weapon designed to disorient and distract. Another officer fired a Taser at Boyd, and a third released a police dog on him. Boyd drew his knives again. Advancing on him, officers ordered Boyd to get down on the ground. Boyd began to turn away, and Detective Sandy of the ROP squad and Officer Dominique Perez of the SWAT team each fired three live rounds at him, hitting him once in the back and twice in his arms. Boyd collapsed, face down, crying out that he was unable to move. “Please don’t hurt me,” he said. Another officer fired three beanbag rounds from a shotgun at Boyd’s prone body. The K-9 officer again loosed his German shepherd on Boyd, and the dog tore into his legs. Finally, officers approached and handcuffed him.

After roughly 20 minutes, Boyd was transported in an ambulance to the University of New Mexico hospital. In the final hours of his life, Boyd had his right arm amputated and his spleen, a section of his lung and a length of his intestines removed. At 2:55 a.m., he was pronounced dead. He was the 22nd person killed by the Albuquerque police in just more than four years.

Boyd’s death conformed to many of the patterns governing deadly police violence in Albuquerque. Living with mental illness, Boyd fit the profile of the marginal Albuquerqueans most likely to find themselves shot to death by the city’s police. The escalation of a low-level encounter to a standoff involving numerous heavily armed officers wasn’t anything new, either. Few were surprised when footage from the lapel camera that Officer Sandy was required to keep running was inexplicably absent. And, as in so many previous officer-involved shootings, Boyd’s death was followed by a press conference by the chief of police, who declared the shooting justified and painted Boyd as a dangerous criminal….

Finally, a group of families whose loved ones had bend killed by members of the APD persuaded the Department of Justice to take a look at what was going on with the high number of deadly shootings.

Reviewing 20 fatal police shootings from 2009 to 2012, the [DOJ] report found a majority of them to be unconstitutional. “Albuquerque police officers shot and killed civilians who did not pose an imminent threat,” the report found, noting that “Albuquerque police officers’ own recklessness sometimes led to their use of deadly force.”


It’s early still, but the effect of Prop 47 on the state’s jail populations, thus far, has been to lower them. This drop is particularly welcome after jail numbers had been driven higher due to the state’s 2011 AB 109 realignment strategy that shifted the incarceration burden for certain low level offenders to the various counties.

The AP’s Don Thompson has the story. Here’s a clip:

Inmate populations are falling in once-overcrowded California county jails since voters decided in November that certain drug and property crimes should be treated as misdemeanors instead of felonies.

While some are avoiding jail, many of those who are sent to county lock-ups for crimes not covered by the ballot initiative dubbed Proposition 47 are spending more time there because jail officials no longer must release them early due to overcrowding.

Fresno, Kern, Los Angeles, Riverside and San Diego counties are among those with fewer early releases, according to an Associated Press survey of the 10 counties that together account for about 70 percent of California’s total jail population.


KCET’s So Cal Connected is doing a story on Los Angeles poet laureate, Luis Rodriguez, on Wednesday at 8 pm. If you’re around, be sure to tune in. Rodriquez is the best known for his classic memoir Always Running– La Vida Loca, Gang Days in L.A, about how he escaped Los Angeles gang life in the 1960′s. It’s a wonderful book, and one that dozens of disaffected kids I’ve met over the years told me was the first book they’d ever read, cover to cover, a book that introduced them to the joys of reading ever after.

Rodriguez has also published poetry, fiction, and other works of nonfiction, along with acting as the publisher for Southern California poets and writers. If that was not enough, he founded and runs Tia Chucha’s, a bookstore and cultural center in Sylmar, teaches writing inside California’s prisons, and mentors at risk young men and women looking to get out or to stay away from gang membership. He changes lives. I’ve seen it happen.

“Luis is a great man,” Father Greg Boyle once said to me, summing the matter up with simplicity.

Yes, He is. And we’re so lucky to have him here in LA. So, check out So Cal Connected Wednesday evening, and get to know him.


Respected LA Daily News city hall reporter Rick Orlov died on Monday of complications of diabetes and the city’s reporting community is completely in shock.

Mayor Eric Garcetti had this to say about Orlov on Twitter:

Posted in American artists, American voices, CDCR, jail, LA County Jail, law enforcement, Los Angeles writers, Sentencing | 1 Comment »

Keeping Kids in Communities, Victim-Focused Violent Crime Reform, CA Makes it Under Prison Pop. Limit, and Justice in Sweden

January 30th, 2015 by Taylor Walker


A remarkable new report commissioned by the state of Texas found that kids housed in state detention facilities were 21% more likely to be arrested again within one year of release than kids under community supervision. And, when kids did recidivate, the kids who had been locked up were three times more likely to commit a felony than the kids kept in their communities.

The report collected and analyzed data from more than 1.3 million juvenile records, taken from 466,000 kids who had been in contact with the Texas’ juvenile justice system between 2004 and 2011.

The far-reaching report, conducted by the Council of State Governments Justice Center, in partnership with Texas A&M, aimed to gauge the efficacy of a series of important state juvenile justice reforms. (Faced with an overwhelming over-incarceration crisis around 2007, the state built up rehabilitation and reentry programs and incarceration alternatives spearheaded by the conservative criminal justice reform group, Right on Crime. These reforms so greatly reduced the prison population that Texas has been able to actually close state prisons.)

Michael Thompson, director of the Council of State Governments Justice Center, and Xavier McElrath-Bey of the Campaign for the Fair Sentencing of Youth appeared on PBS Newshour to discuss the report’s findings and implications. You can watch the segment in the video above, but here’s a small clip from the transcript:

[MICHAEL THOMPSON:] We found that they were saving the state a lot of money, hundreds of millions of dollars, by closing these facilities and really putting the emphasis on community supervision. Very few states could conduct an analysis like, this yet it’s the kind of analysis that states everywhere should be conducting.

JUDY WOODRUFF: And what was — what was so different about the community incarceration care for these young men and women that was from the state-run facilities?


I mean, when you hear it and you think about it, it really makes a lot of sense, right? I mean, what we have been doing is we have been pulling kids away from their community, sending them to a facility hundreds or thousands of miles away, interacting with staff who don’t look like them, don’t necessarily speak their language, uprooted from any kinds of ties they had in the community, further away from positive influences they had, like maybe family members or a pastor or a sibling.

And we expect there to be some tremendous corrective action when we’re putting them with a bunch of kids who maybe will have a negative influence on them because they’re a higher risk of reoffending. So, really, when we talk about it that way, we shouldn’t be surprised that those kids actually end up doing better when they’re closer to home.

In an op-ed for the Juvenile Justice Information Exchange, Nate Balis, director of the Annie E. Casey Foundation’s Juvenile Justice Strategy Group, lays out ten meaningful takeaways for the rest of the nation. Here are the first two (but be sure to read the rest):

1. The report shows that dramatically decreasing the population of youth confined in state juvenile corrections facilities is good public policy.

CSG found that Texas youth released from state institutions were: 21 percent more likely to be arrested within 12 months than comparable youth who remained under the supervision of county probation departments and three times more likely to face felony charges if arrested. These findings were controlled for offending history, demographics and other relevant factors. CSG reports that the average cost of a stay in state custody exceeded $200,000.

Texas is not an anomaly. These results confirm the already overwhelming evidence that in virtually every recidivism study, the vast majority of youth released from large, state-run correctional institutions are rearrested within two or three years of release, and one-third or more are reincarcerated in a juvenile facility or adult prison.

Research also consistently finds that state-funded youth corrections facilities are dangerous, unnecessary, obsolete and inadequate for the serious mental health, educational and social service needs faced by many court-involved youth.

2. The CSG report shows that contrary to commonly held fears, there is not a substantial population of superdangerous youth beyond the capacity of counties to supervise.

CSG found no difference statistically between the population of youth committed to state-run secure facilities and those placed under the supervision of their county juvenile probation departments. Youth committed to state custody “look no different than many of those who are kept in their communities,” CSG commented. “This tends to suggest that many more of the committed youth could just as successfully be rehabilitated under the supervision of the county juvenile probation department.”


Seattle Weekly’s current cover story introduces the ACLU’s Alison Holcomb, who is heading a $50 million political campaign to end mass incarceration. Holcomb, who used her new position to back the Californians for Safety and Justice’s Proposition 47 campaign, says she feels pulled to focus future efforts on developing victim-centered approaches to dealing with violent crime issues.

And Holcomb is coming from a place of devastating personal experience. When her husband, Gregg, was 24, his father was murdered by a 17-year-old at an ATM.

Here are some clips from Nina Shapiro’s story for Seattle Weekly:

Holcomb is beginning to focus on a rather revolutionary approach to criminal-justice reform—one that views the tremendous resources put into prosecutions and prisons as misguided, and that aims to siphon some of those resources instead to victims. “I’m just spit-balling,” she says, “but it seems to me that we could be a lot more creative and have a much more victims-centered approach to violent crime than we do right now.”


“It’s funny,” she begins. “The last month, I had an opportunity to talk with people thinking about violent crime.” They included Bass from the North Carolina group and a Brooklyn woman named Danielle Sered, who directs an organization that, as its website puts it, facilitates “a dialogue process designed to recognize the harm done, identify the needs and interests of those harmed, and develop appropriate sanctions to hold the responsible party accountable.”

“So how would the last 22 years have looked if that opportunity had been presented to Gregg?” she wonders. “Even if he wasn’t ready to take anybody up on the offer until year six or seven or 12 or 13. What might have changed if there had been a kind of support, if our criminal-justice system actually focused on the victims instead of . . . ”

She trails off into what she calls her “floating hypotheses”—that the fear of “vigilante justice” of the sort entertained in her husband’s darker moments has led the state into an outsized role. “We knights in shining armor, we prosecutors, we are going to step in and take care of this . . . on behalf of the victim.

“I think for a surprising number of victims that’s not what they want, not what they need…


After several missed and extended deadlines, California has finally brought its prison population below the 137.5% of capacity mandated by a panel of federal judges. The number of inmates in state prisons dipped below the 113,722 limit by 259 inmates, hitting the marker more than a year in advance of the most recent deadline.

But the state must continue to take meaningful steps toward easing overcrowding through the final February 2016 deadline.

Contributing efforts to reduce the population average include realignment (AB 109), moving inmates to private and out-of-state prisons, early release programs for the elderly, the three-strikes reform law, and the recent passage of Proposition 47, which reduced certain felonies to misdemeanors.

The Sacramento Bee’s Sam Stanton has more on the new numbers. Here’s a clip:

After years of legal battles that went as far as the U.S. Supreme Court, the state’s prison population has been decreasing steadily, and a report posted online Thursday by the California Department of Corrections and Rehabilitation puts the latest inmate population at 113,463, below the court-ordered cap of 137.5 percent of capacity for the first time. The prisons’ design capacity is 82,707 inmates, and the population as of midnight was 137.2 percent of capacity.

The latest population figure is merely a snapshot and may fluctuate, and the corrections department did not have an immediate comment on the development.

But one of the lead attorneys in the effort to force the inmate population reductions said the announcement is a “significant moment.”

“We should all acknowledge it’s an important, significant and historic moment,” attorney Michael Bien said, but he added that the state must show that it can maintain the reductions over time.

Head over to the SacBee for more statistics and the backstory on California’s prison population saga, if you’re unfamiliar.


Policy Mic’s Zeeshan Aleem has an interesting story comparing the oppressive and dehumanizing mass incarceration mechanism in the United States to Sweden’s rehabilitation-centric “open” prison system.

Sweden’s methods are geared toward releasing inmates back into the world as improved versions of themselves than when they arrived. And, while Sweden and the United States have different populations, Sweden’s results are certainly worth noting. Here’s a clip:

…in the past decade, the number of Swedish prisoners has dropped from 5,722 to 4,500 out of a population of 9.5 million. The country has closed a number of prisons, and the recidivism rate is around 40%, which is far less than in the U.S. and most European countries.

Öberg believes that the way Sweden treats its prisoners is partly responsible for keeping incarceration and recidivism rates so low…

While high-security prisons in the U.S. often involve caging and dehumanizing a prisoner, prisons in Nordic countries are designed to treat them as people with psychosocial needs that are to be carefully attended to. Prison workers fulfill a dual role of enforcer and social worker, balancing behavioral regulation with preparation for re-entry into society.

“Open” prisons: Even more remarkable than this is the use of “open prisons” in the region. Prisoners at open prisons stay in housing that often resembles college dorms, have access to accessories such as televisions and sound systems and are able to commute to a job and visit families while electronically monitored. Prisoners and staff eat together in the community spaces built throughout the prison. None are expected to wear uniforms.

Posted in ACLU, CDCR, juvenile justice, Right on Crime, Sentencing | 2 Comments »

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