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John Oliver Blasts Municipal Fine Swindle-System, LAPD Empathy Training, LA City Crime Rates, and Former LA DA Paid to Lobby for New Jail

March 25th, 2015 by Taylor Walker

JOHN OLIVER SHINES A LIGHT ON MUNICIPAL FINES AS ABUSIVE MEANS TO FUND CITIES

Many cities use the revenue from tickets for municipal violations to fund public services, and happily heap on further penalties for inability to pay—fines for the fines. Obviously, this system disproportionately affects the poor. In addition to incurring impossible debt, people who cannot pay their tickets can also lose their drivers licenses in many states. This, in turn, means that they can no longer drive to a job to earn money to funnel into the city’s coffers, and the pockets of private probation debt-collecting companies. Sometimes an inability to pay these fines can even land them in (debtor’s) prison.

On Last Week Tonight John Oliver took on the issue, sharing some deeply troubling tales, including the story of a grandmother who racked up thousands of dollars in insurmountable late fines. The grandmother lost her car, lost her license, and spent ten days in jail.

We highly suggest watching the above segment in its entirety.


NEW LAPD TRAINING: EMPATHIZING TO DE-ESCALATE

LAPD officers are receiving a new one-week empathy-focused training on how to de-escalate encounters with people who are mentally ill and showing signs of aggression. The goal to equip cops with better techniques for interacting with people suffering a mental health crisis who do not pose an immediate threat, to avoid unnecessary use of lethal force. Officers are taught to use humor, first names, and other non-threatening conversational strategies while slowly backing away. The safety of officers and the public are, of course, still of highest priority.

Participants are also taught about various types of mental disorders they may come in contact with. Thus far about 1,000 of the 10,000 sworn have taken the new course.

KPCC’s Frank Stoltze has more on the new training. Here are some clips:

The scene was tense: Two Los Angeles Police officers approach a man yelling and screaming at the end of a cul de sac. He looks angry and aggressive as he paces back and forth in the middle of the street.

“I just got back two weeks ago,” he shouts. “Two weeks ago!” The man is an Iraq War veteran.

“Tell me about it,” an officer calmly asks. He is met with anger. “What are you trying to do? Don’t try to talk to me. Nobody understands what it was like over there.”

“Sir, I’m here to help you,” the officer responds. He watches the man’s hands closely to see if he grabs a weapon.

The man is unarmed. He starts to calm down.

Suddenly, lights come on.

The two officers are standing in front of a screen inside the LAPD’s “force option” simulator.

[SNIP]

Peter Moskos, who teaches at New York’s John Jay College of Criminal Justice, said the techniques taught at this class only work if everyone uses them.

Too often, he said, a patrol officer may be bringing down the stress when a more aggressive “obnoxious” cop swoops in and makes a mess of things.

“This frustrates cops to no end,” said Moskos, a former Baltimore City police officer. “You could be de-escalating the scene, and someone in your squad shows up, and you go, ‘Oh, my god, now it’s going to explode, because they just don’t know how to talk to people.’ Because they don’t have that empathy.”


BIG FLUCTUATIONS IN LOS ANGELES CRIME RATES

The LAPD reported Tuesday that shootings have risen 31% (54 incidents) over last year. Violent crime went up 27% overall, and property crime increased 12%. Several other types of crime experienced similar spikes. Homicides, however, dropped 2%.

The sizable disparity in crime numbers may be due, in part, to the LAPD correcting crime classification issues (more on that here), but it’s hard to tell this early. Department officials believe gang-related violence may be behind the the jump in shootings.

The LA Times’ Richard Winton and Ben Poston have more on the numbers. Here’s a clip:

“We are putting our officers in corridors that are the hottest for crime,” said Assistant Chief Jorge Villegas.

The department is also relying more on crime data to help predict where hot spots might develop and deploy extra resources there, Beck said.

[SNIP]

Officials said fixing the classification process has resulted in more serious assault cases on the books.

But the crime increase in 2015 goes beyond this one offense.

Villegas cited a jump in robberies, particularly in downtown L.A. and surrounding areas. Robberies are up 19% citywide compared to this time last year. Police have reported 7% more rapes this year compared to 2014.

Some of the crime, Villegas said, is connected with the skid row homeless population fighting over territory as well as an increase in street crime. Central Division, which includes skid row, has recorded a 73% surge in violent crime this year compared to 2014.


FORMER LA DISTRICT ATTORNEY STEVE COOLEY LOBBYING FOR NEW JAIL DEAL

Former LA County District Attorney Steve Cooley has taken up lobbying for an Adelanto jail plan…for pay.

Back in December, the Adelanto City Council voted 4-1 in favor of building a new 3,264-bed jail, with the idea that LA County would lease the $324 million facility and fork over what, for the small San Bernardino city, would be some much-needed cash.

Private developer Doctor R. Crants hired the former DA to throw his weight behind the controversial jail proposal, and hopes to pitch the idea to the LA County Board of Supervisors as soon as possible.

The Hesperia Star’s Brooke Self has more on the issue. Here’s a clip:

“We’re working on it (but) we haven’t been able to schedule a vote yet (with the Board of Supervisors),” Johns said about progress and potential support from LA County. “We (hope) to be able to have a presentation with the Sheriff next week. Once we meet with the Sheriff and get the green light there — we won’t go to the Supervisors until we get encouragement from the Sheriff.”
When asked how he thought Cooley’s influence might impact L.A. County’s decision, Johns said “trust me, we wouldn’t hire him if we didn’t think so.”

“He’s one of the foremost public safety officials in the state,” Johns said of Cooley. “He’s been serving in that capacity for a very long time. I would think his support would be meaningful for those people looking to receive direction and input. I think he’ll be very helpful.”

Cooley, 67, was the longest-serving DA in L.A. County history, serving from 2000 to 2012. He worked for 39 years and four months as a county prosecutor. Last year, he was a public supporter of new L.A. County Sheriff Jim McDonnell’s successful campaign for the top law enforcement post.

McDonnell’s office is in charge of producing the county’s jail plans and making recommendations to the Board of Supervisors. On Thursday, Cooley said the two have been friends for 15 years, but he didn’t believe that there were any ethical concerns with him lobbying his office.

“I don’t have legal issues,” Cooley said. “I’m a private person, an attorney to practice law. I have some degree of expertise in this arena and I can advocate for whatever I think is in the client’s best interest. And certainly this is in the county’s best interest. The fact that I have a 15-year relationship with the county Sheriff is irrelevant. Adelanto wasn’t even a blip on my radar screen when I was out there supporting McDonnell. Any suggestion of any ethical issues are misplaced and not even logical. When I do register as an L.A. County lobbyist, then certain rules come into place and I’ll honor those rules.”

Posted in District Attorney, jail, Jim McDonnell, LAPD, Mental Illness, prison policy, racial justice | No Comments »

LA Sheriff McDonnell, LAPD Chief Beck, CHP’s Farrow and More Meet with Religious Leaders for Post-Ferguson Conversation

March 19th, 2015 by Celeste Fremon



On Tuesday afternoon, Los Angeles County Sheriff Jim McDonnell
, LAPD Chief Charlie Beck and a cluster of other LA law enforcement figures got together with around two dozen local religious leaders for a two-hour, no-press-allowed post-Ferguson chat in the hope that everyone might speak candidly about the tensions between law enforcement and the communities they serve.

The meeting, which took place on the 8th floor of the newly renovated Hall of Justice, on Temple Street in downtown LA, was the inaugural event for the historic building.

Judging by what WitnessLA was able to gather as everyone was dispersing, most came away with the feeling that some real and relevant things had been said. Moreover, everybody wanted to do it again.

“We don’t want to have this be one-and-done,” said Sheriff McDonnell when we spoke after the event. The idea was to build ongoing relationships, he said.

The gathering was billed as being co-hosted by McDonnell, Beck and CHP Commissioner Joe Farrow. District Attorney Jackie Lacy, LA City Attorney Mike Feurer, and Acting U.S. Attorney Stephanie Yonekura were also on hand.

But, it was clearly an LASD-organized affair. Still everyone had reportedly had things to say—a lot of it straight talking from both the faith leaders and the cops. “It was not a booster club,” said McDonnell.

Interestingly, the faith leaders didn’t just raise issues with law enforcement, they also spoke frankly to each other. One issue in particular that reportedly caused discussion, according to those present, was the necessity of the clergy to engage when there is a police/community problem “not Just read about it.”

On this topic, one pastor reportedly said, ‘It breaks my heart that [when something happens] we close the doors of he churches.”

Another subject that caused much discussion was the religious leaders’ acknowledgement that affluent communities tend to view—and experience—the police very differently than do lower income communities

McDonnell and Beck both talked about interaction with the clergy as a being “critical piece of community policing.” They also spoke of the need to bring what occurred on Tuesday, “to the station level,” said McDonnell, for the LASD and the LAPD.

Community oriented policing is not something law enforcement agencies should do on the side or merely to appease critics,” he said. “Rather, a focus on community oriented policing ensures law enforcement is viewed by the community as legitimate.”

“We are very fortunate in this community to have law enforcement leadership that recognizes and understands the importance of strengthening community relations,” said Reverend Chip Murray, in a pre-meeting statement. “This timely event will help us build upon the strong foundations that already exist and enable us to do even more, working together.”

A pastor from Compton, who was leaving just as WLA arrived, pronounced the meeting, “Good. Very good.” Things were said that needed to be said, he told me. “And that’s a very good thing.”

Posted in Charlie Beck, City Attorney, District Attorney, Jim McDonnell, LAPD, LASD, law enforcement, U.S. Attorney | 19 Comments »

Prop 47 Report, Laptops in Lock-up, Prison Rape, and Training Teachers to Identify Abuse

February 26th, 2015 by Taylor Walker

EARLY ASSESSMENT OF PROP 47 IN LA, AND WHERE COUNTY AGENCIES THINK THE $$ SHOULD GO

At a county public safety meeting on Wednesday, LA County interim CEO Sachi Hamai presented a draft report assessing the county’s implementation of Proposition 47. (Prop 47 reduced certain low-level felonies to misdemeanors.)

At the behest of the Board of Supervisors, the CEO’s office worked with other county agencies—District Attorney, Sheriff’s Dept., Courts, Public Defender, and Alternate Public Defender—to pinpoint the programs and efforts that could qualify for and benefit from Prop 47 funding, and to gauge the effects of the legislation, thus far.

Of the state money saved by Prop 47, 65% is to go to mental health and drug programs for criminal justice system-involved people, 25% will be spent on reducing truancy and helping at-risk students, and 10% will go to trauma recovery centers for crime victims. But it is still not clear how that money will get portioned out to counties, or if there will be restrictions on what the counties want to do with their money.

Some of the efforts county agencies flagged as deserving of grant dollars included victim services and restitution, community-based mental health programs for Prop-47ers, urgent care centers, the New Direction diversion pilot program to keep kids in school, and a reentry program for kids in probation camps.

The report says that it is still too early to tell what long-term effects Prop 47 will have in Los Angeles. However, county agencies shared some short-term effects, including courts clogged with people seeking downgrade their felonies, and a fewer number of offenders signing up for mental health and drug rehab programs.

The LA Times’ Abby Sewell and Cindy Chang have more on the report. Here’s a clip:

By the end of January, according to the Sheriff’s Department, the decrease in narcotics arrests was even greater, 48% from a year ago.

Local criminal courts will process between 4,000 and 14,000 applications from pre-trial defendants who were arrested for felonies but can now petition to have their charges changed to misdemeanors, the report said. Another 20,000 applications could come from people currently incarcerated, the report said.

Another category of cases is expected to keep judges, prosecutors and public defenders busy: the people who have already served their time and can now change the felony on their criminal records to a misdemeanor. Those cases could top 300,000 and date back decades.

The report quantifies an expected impact on court-ordered drug and mental health treatment programs: a decrease in enrollment because defendants are no longer threatened with jail time. Sign-ups for the programs decreased from 110 defendants a year ago to 53 in the first three months after Proposition 47 passed.


TECH IN JUVENILE LOCK-UP PART 2: SAN DIEGO INVESTS IN COMPUTERS, TECH EDUCATION FOR KIDS BEHIND BARS

On Tuesday, we shared the first of Adriene Hill’s two stories for NPR’s Marketplace about correctional facilities that have taken meaningful steps toward bringing education up to par for kids behind bars by incorporating educational technology into the curriculum.

Hill’s second story takes place in the San Diego Kearny Mesa Juvenile Detention Facility, where every kid has a laptop to use in class.

In San Diego County, the Office of Education has spent $900,000 on computers and accessories for kids in juvenile corrections facilities. Teachers are being trained on how to use the computers to help teach lessons, and tech instruction is now on the docket. And with the added technology, lessons can be tailored to kids’ individual needs.

Here are some clips from Hill’s second story:

Since July 2013, San Diego County Office of Education has spent nearly $900,000 on computers, printers and software for its secure juvenile facilities. Soon every one of the 200 kids here will have access to a Chromebook in class. All the teachers are being trained to run a digital classroom and add tech to the curriculum.

But getting to this point took more than a big investment. It took a significant culture shift.

“At first, we were a little nervous. I’m not going to lie,” says Mindy McCartney, supervising probation officer, who is charged with keeping the youth here under control.

“Everybody thinks they are going to use [the laptop] as a Frisbee, or attack somebody, or they are going to tag it and break it,” she says. “And it simply hasn’t happened.”

There was also anxiety about turning on the internet, even though there were firewalls and monitoring systems in place.

“We hear ‘internet’ and ‘access’ and we automatically get very paranoid and think the worst-case scenarios,” McCartney says.

But, so far, McCartney says there have not been significant problems. Kids aren’t using laptops as weapons. They’re not sneaking messages to gang members on the outside. In fact, teachers say the technology has made their students here more engaged in what they’re learning. That’s exactly the type of progress experts say the juvenile justice system desperately needs to make.

[SNIP]

In many ways, educational technology is perfectly suited to kids in custody. Students who have committed crimes are constantly being yanked in and out of class. They have court hearings and meetings with probation officers.

“We do have a population that moves around a lot,” says teacher Yolanda Collier. She says when students have their own computers and some lessons are online, they don’t have to fall behind.

Say there are some supplementary stories, an interview…videos…and such, if I want.


TEENAGERS HOUSED WITH ADULTS, PRISON RAPE, AND WHAT MUST HAPPEN BEFORE INMATES ARE SAFE

The Marshall Project’s Maurice Chammah has an excellent longread chronicling the failures of the justice system to protect inmates from rape, and the gaps in the Prison Rape Elimination Act.

Chammah focuses, in particular, on the sexual violence inflicted on vulnerable teenage boys who are placed in adult detention facilities.

Chammah tells the harrowing story of “John Doe 1,” a 17-year-old repeatedly brutalized by adult men in multiple prisons. John’s experiences are all-too-common, especially in states where 16 and 17-year-olds are automatically charged as adults. Here are some clips:

The second time David raped him, John says David held a homemade weapon to his throat. It was a toothbrush, wired up with four or five shaving razors.

The third and fourth times, David just left the weapon on his desk, in clear view, and relied on John’s fear to keep him passive.

Then, one morning around 6 a.m., while out on the yard for recreation, John says he saw David receive a mesh laundry bag from a prisoner he didn’t know. He could see that it contained meat sticks and bags of chips. These kinds of exchanges were common; he figured the other prisoner might be trading the food for the use of his cell as a quiet place for tattooing or some other illicit activity. (Official policy forbade prisoners from visiting other cells, but officers frequently looked the other way.)

That afternoon, John returned to his “house,” as prisoners call their cells, and saw his cellmate’s key—in this prison, every inmate had a key to his own cell—sitting on the desk. His cellmate was in bed. Feeling greasy after his kitchen shift, John started to undress so he could take a shower. As he took off his pants, he saw the mesh bag of food. He looked over and realized the man in the bed was not David. It was the prisoner who had handed over the bag of food. The man rose from the bed, grabbed David’s toothbrush weapon, held it to John’s cheek, and forced him down. This prisoner had a jar of Vaseline, but it did not do much; after he left, John found blood on his clothes.

John says he was raped several more times by both his cellmate and strangers. He was forced to perform oral sex, and he still remembers brushing his teeth twice to get the taste out of his mouth. He never told medical staff about his anal bleeding because he felt embarrassed, though because of a foot injury he was able to get painkillers.

John would later be asked why he did not tell correctional staff, since in theory they could have taken steps to protect him. “I didn’t know what to do,” he said. He assumed the staff knew what was happening. From their station at the end of the hall, the officers would see men going in and out of his cell and they would not intervene. The rapists would put a towel over the cell door’s window, which was not allowed but must have been noticed by officers making their rounds. John says some of the officers would even make jokes, calling him a “fag,” a “girl,” and a “bust-down.”

Two months after his arrival, John finally reached a breaking point. Around 2 p.m. one day, David tried to touch the middle of his back. John pushed his hands away. David forced him up against a locker and wrapped his hands around John’s neck. John wrestled his way out, and emerged from the cell barefoot. Hanging a left, he ran to the guard station, and begged them to assign him to a different cell. He didn’t mention the rapes, only his cellmate’s attempt to choke him. The officers allowed John to grab his few possessions and move down the hall, closer to their station.

His new cellmate was not a predator, but by then John had been tagged as easy prey. Two days after he was moved, another prisoner cornered him in his cell and raped him. It seemed like other prisoners had figured out his schedule—when he would be alone in his cell, or in the shower. He was called a “fuckboy,” a term for the men who are “gay for pay,” trading sex for food or other favors, even though John said he never did.

[SNIP]

It is impossible to know how many of the teenagers sent to adult prisons in recent years have been sexually assaulted, in part because so many of them have been afraid to report. (Rape outside of prison is known to be under-reported, and the same is true within prison walls, especially because prisoners face the possibility of retaliation by both correctional staff and other prisoners.)

Some corrections officials have pointed out that sexual assaults regularly occur in juvenile facilities as well as in adult ones. But many non-violent crimes lead to probation, rather than incarceration, when they’re handled by the juvenile system, and a 1989 study found that prisoners under 18 in adult prisons reported being “sexually attacked” five times more often than their peers in juvenile institutions.


CALIFORNIA TEACHERS WILL NOW BE TRAINED TO IDENTIFY CHILD ABUSE

Thanks to a new state law, California teachers and other school employees are now required to take an online training course on how to identify child abuse and neglect, and how to report it.

KPCC’s Adolfo Guzman-Lopez has more on the issue. Here are some clips:

“Nothing is more important than the safety of our students,” Torlakson said in a written statement. “The new online training lessons will help school employees carry out their responsibilities to protect children and take action if they suspect abuse or neglect.”

[SNIP]

[Stephanie] Papas, who helped create the new two-hour online training, said the course will help employees tell if a child has been hurt from abuse or from an accident, for example.

“We have photos that are examples of, say, a welt that is in the shape of a belt buckle or a slap on a child’s cheek that’s left a hand imprint,” she said.

Posted in Child sexual abuse, District Attorney, juvenile justice, LA County Board of Supervisors, LASD, mental health, prison, Public Defender, Rape | No Comments »

Santa Clara’s Unique Efforts to Keep Kids Out of Adult Court…LASD Civilian Oversight Subpoena Power….School Discipline….and NY’s New Anti-Prison Rape Videos

February 23rd, 2015 by Taylor Walker

SANTA CLARA PROSECUTORS LOOK TO ADVOCATES TO ANALYZE HOW KIDS ARE TRIED

In 2013, the Santa Clara County District Attorney’s office invited a team of advocates and public defenders to evaluate how and why county prosecutors charged teenagers as adults.

Prosecutors sat down with the team and discussed each case in which a kid was sent to adult court. The advocates, all against charging kids as adults for any reason, showed prosecutors where they felt different outcomes could have been achieved.

The goal of the DA’s office is to simultaneously keep kids out of the adult system while still maintaining public safety. This particular effort to increase oversight of how teens are prosecuted is unlike anything else we have seen in the state (and is certainly worth emulating).

The San Jose Mercury’s Mark Gomez has more on Santa Clara’s important program and its significance. Here are some clips:

“It’s very easy to close the books and not account for what you did and why,” said Frankie Guzman, an attorney with the National Center for Youth Law who was one of the advocates invited to review the cases. “I respect the fact this interaction and conversation happened, because it’s not happening anywhere else.”

In the majority of cases in Santa Clara County, prosecutors choose to keep the youth in the juvenile system, where the focus is on rehabilitation.

But in about 18 percent of such cases in Santa Clara County since 2010, prosecutors charged juveniles as adults, often resulting in prison sentences. The decision to bring in youth advocates was made following an internal review in 2013, which revealed that a higher percentage of Latino kids face adult charges than other ethnicities. So the District Attorney’s Office pulled together a team of people from the county public defender’s office and Bay Area youth advocacy groups to scour every single case filed that year. Prosecutors explained each decision, and the team discussed what they might have done differently.

“If we can keep a kid in the juvenile system and still protect public safety, we’re going to make that decision,” said Chris Arriola, supervising deputy district attorney of the juvenile unit. “But sometimes we have to make that decision to take them out. We do not take it lightly.

[SNIP]

In many California counties, the decision to charge a youth as an adult is made by one prosecutor, according to Bay Area youth advocates. District attorneys are not obligated to detail their reasoning for charging a juvenile as an adult — known as “direct file” cases.

In Santa Clara County, a team of four senior prosecutors considers several factors, including the youth’s criminal history, the sophistication and gravity of the offense, the outcome in previous attempts to rehabilitate the youth, and the ability now to rehabilitate the minor in the juvenile justice system. All four prosecutors must agree the youth should be criminally prosecuted as an adult.

Read the rest.


SHOULD THE LASD CIVILIAN OVERSIGHT PANEL HAVE AUTHORITY TO SUBPOENA DEPARTMENT DOCS?

KPCC’s Frank Stoltze takes a look at the hotly-debated issue of whether to equip civilian oversight commission with the power to subpoena documents as part of its oversight of the Los Angeles Sheriff’s Department.

Members of the group planning the new civilian panel have differing opinions, and Sheriff Jim McDonnell is still not too keen on the idea, according to Undersheriff Neal Tyler.

The planning group is slated to present their recommendations to the LA County Board of Supervisors in May.

Here are some clips from Stoltze’s story:

“Its certainly a club should you ever need it,” said Dean Hansell, who chairs the working group which is designing the new oversight panel.

Subpoena power would give the panel the ability to force reluctant Sheriff’s officials to testify before it and to obtain certain documents. It would not give the panel access to personnel records – that would require a change in state law.

[SNIP]

Sheriff Jim McDonnell remains reluctant to support subpoena power, according to interim Undersheriff Neal Tyler. He said change already is underway at the department, which is under federal investigation for civil rights abuses and corruption. There’s no need for “the hammer” of subpoena power after the election of McDonnell, said Tyler, who also sits on the working group.

“We have a hammer right now and its Sheriff Jim McDonnell,” the undersheriff said. He also noted McDonnell is providing Inspector General Max Huntsman broad access to the department.

“We are working so cooperatively with him now that it’s not necessary to codify it,” Tyler said. Huntsman has said he needs still more access to adequately oversee the department, and that subpoena power would help.


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

News 10′s Michael Bott and Ty Chandler have good overview of the state of school discipline in California, both the racially disparate use of “willful defiance” suspensions, and the restorative justice alternatives that are starting to reverse some of the damages done to kids of color across the state.

Bott and Chandler’s story includes some interesting videos and an interactive map of willful defiance suspensions at schools in the Bay Area (only one SoCal school is featured). Here’s how it opens:

Teenager Dwayne Powe Jr. got a suspension in eighth grade. He didn’t get into a fight. He wasn’t caught with drugs. He committed no crime.

“I actually was asking for a pencil,” Powe said.

Powe said his class began an exercise and he asked to borrow a pencil from another student. That’s when his teacher told Powe he was being disruptive and made him leave class. Powe tried explaining he had only asked for a pencil, but that only dug his hole deeper, he said.

He was technically suspended for “willful defiance”.

Nearly 200,000 California students who were suspended for willful defiance last year can relate to Powe’s story.

What constitutes willful defiance is somewhat vague, but it generally allows teachers to remove students from the classroom if their behavior is thought to be disruptive or defiant. It’s the most common reason California students were suspended—and students of color are overwhelmingly targeted.

But there is a growing consensus that keeping kids out of the classroom for non-violent behavioral issues has done more harm than good, and students of color are paying the heaviest cost for this policy.


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

In the 2013-2014 school year in California, expulsions plunged 20%, and suspensions fell 15%.

In an effort to keep those numbers dropping, and to divert kids from the “school-to-prison-pipeline,” Ed Source has assembled the Educators Network for Effective School Discipline, backed by the California Endowment.

The group intends to connect school officials, educators, and others to share and discuss programs and practices (like restorative justice and Positive Behavioral Interventions and Supports) that are successfully keeping kids in class, creating better relationships between kids and teachers, and promoting school safety.

Current chairman of the Educators Network for Effective School Discipline, Carl Cohn (who is also a former school superintendent and former State Board of Education member), has more on the new network and why this issue is so important. Here’s a clip:

Leaders of California public schools are seriously re-examining discipline practices and questioning the value of practices that are ineffective and counterproductive – measures that may put youngsters at greater risk for dropping out and for involvement with the juvenile justice system.

These leaders are listening carefully and responding appropriately to the long-standing accusation in the civil rights and advocacy community that some of our schools are, in fact, “pipelines to prison.” Nothing better represents this point of view than the thousands of students suspended each year for willful defiance, which could include behaviors such as eye rolling, talking loudly or standing in a menacing way….

As a first step toward ending this practice, Gov. Jerry Brown recently signed AB 420, which bans suspending students in the K-3 grades for willful defiance.

In order to sustain this momentum, EdSource has convened the Educators Network for Effective School Discipline, with support from The California Endowment. The idea is to bring together principals, teachers, superintendents and others to look at ways to keep youngsters in school and to share best practices and model programs that are especially effective at accomplishing that goal while also making sure that schools are safer as a result of the effort. It’s not just about bringing the numbers of suspensions and expulsions down; it’s also about creating a school climate that contributes to positive relationships among students and staff.

In our discussions with educators, both Positive Behavioral Interventions and Supports (evidence-based interventions that work) and “restorative justice” (where students are called on to repair the harm caused by bad behavior) have emerged as just two effective routes toward creating a school climate that helps keep kids in school and maintaining a safer school environment overall. Like most ambitious school reforms, issuing directives from district headquarters will probably not yield the best results. These are changes that must be owned by principals, teachers, assistant principals and school counselors – those closest to meting out school discipline.


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

Funded through the Prison Rape Elimination Act, New York state prisons will start showing two new inmate orientation safety videos to educate men and women about how to avoid rape behind bars. The twenty-minute-long videos are directed by T.J. Parsell, who was raped on his first day in prison.

The Marshall Project’s Eli Hager has more on the safety videos. Here’s a clip:

Prisons will show inmates — both male and female — an orientation video offering advice on how to identify, and avoid, sexual predators behind bars….

They will be premiered for the inmates who participated in the filming — at Bedford Hills Correctional Facility for Women, Fishkill Correctional Facility, and Downstate Correctional Facility — then rolled out in prisons across the state.

New York has had an uneven record on prison rape. In 2010, according to PREA surveys, three of the eleven prisons in the U.S. with the most staff-on-inmate sexual violence were in New York…

The orientation videos are an attempt to confront that legacy and to change a prison culture in which sexual assault, and the code of silence surrounding it, remain all too common.

Posted in District Attorney, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Public Defender, racial justice, Rape, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

School Money for Kids Who Need It Most, a Childhood Trauma Ted Talk, Kids in Gangs, and Pitchess Jail Teacher’s Sex Conviction

February 19th, 2015 by Taylor Walker

MOST CA SCHOOL DISTRICTS FAILING TO USE NEW BUDGET $$ TO RAMP UP SERVICES FOR FOSTER KIDS

Prior to a 2013 funding approach overhaul, California education budget allocation was severely inequitable, often giving more money to affluent school districts while short-changing schools—and kids—that needed the state dollars the most. The new budget system, the Local Control Funding Formula, is a weighted funding approach that allows districts (rather than the state) to decide how a portion of their funding is spent. The new formula aims to level the playing field for high-needs students, including foster kids, who are severely underserved by school districts.

The Local Control Funding Formula allocates more money for high-needs kids, and requires districts to set up goals and action plans for helping these students overcome barriers with regard to attendance, suspensions and expulsions, and interactions with school police.

A year into the Local Control Funding Formula implementation, a new report has found that, overall, California districts are failing to take advantage of the new system to analyze and address the needs of students in foster care.

Foster kids have the worst educational outcomes—including the lowest graduation rates—among high-needs student groups, which are comprised of kids from low-income households, kids with disabilities, and English-learners. In California, kids attend an average of eight different schools while in foster care. Nationwide 67% of foster kids have been suspended at least one time. Just under half of foster kids in the US battle emotional and behavioral problems, and a quarter of former foster kids (now adults) have PTSD, a rate twice that of war veterans.

According to the report, LA Unified was the only school district that had established baseline suspension data to measure the district’s progress in that area. No schools figured out the baseline data for expulsions. Only Temecula established a goal specifically targeting the expulsion of students in the child welfare system. And again, only Temecula set aside money expressly for lowering the rates at which foster kids get suspended and expelled.

Only two districts, including LAUSD, identified the baseline data for foster kids’ school attendance. Only 9% of districts named goals, and just 11% cited spending money on helping foster kids with attendance issues.

The report, authored by Laura Faer and Marjorie Cohen of Public Counsel, which focuses solely on districts’ implementation of the funding changes with regard to students in foster care, examined data from 64 California districts in which 55% of the state’s students in foster care are enrolled (the districts had to have at least 150 kids in the child welfare system).

Among other recommendations, the report calls on districts to get serious and analyze data, create goals, and, you know, earmark that extra money to help disadvantaged kids, as intended. The report lists some worthy things to put the money toward, like restorative justice, Positive Behavior Interventions and Supports, and trauma-informed systems.

Fix School Discipline has a good roundup of the report’s main points. Here are some clips:

“Foster youth in California are disproportionately subjected to suspensions, expulsions and contacts with the juvenile justice system, all of which compound and exacerbate the trauma most have already experienced,” said Laura Faer, Statewide Education Director for Public Counsel and co-author of the report. “Improving school climate for foster youth means putting a stop to school removals and referrals to police and developing a school environment that supports their social, emotional and mental health. Developing a positive and trauma-informed school environment must be a top priority this year for districts that serve foster youth.”

[SNIP]

…very few districts analyzed the needs of foster youth or created specific strategies for addressing their challenges, which include barriers to enrollment, lack of transportation, disruptive school changes, multiple, disconnected system players, absence of a single and constant adult supporter, and exposure to high levels of trauma, all of which severely impact learning and behavior. However, in response to the new law and the efforts of organizations calling on and working with districts to prioritize school climate improvements, a large number of districts articulated promising overall school climate approaches…


AND WHILE WE’RE ON THE TOPIC OF KIDS AND TRAUMA…

Center for Youth Wellness founder Nadine Burke Harris explains the link between childhood trauma and long-term health issues in a TED talk (that everyone who hasn’t already, should watch).


NEW REPORT FINDS VERY DIFFERENT TEEN GANG INVOLVEMENT NUMBERS THAN LAW ENFORCEMENT ESTIMATES

There are more than one million kids in gangs across the nation, according to an interesting report that will be published in the March issue of the Journal of Adolescent Health. That number is based on a sample of 6,700 surveyed kids and teenagers, and is three times higher than the number estimated by the law enforcement-based National Youth Gang Survey (NYGS).

According to the report, the turnover rate for gang membership was 37% within a year period, a rate that contradicts the notion that when kids join gangs, they never leave them.

The report also found that 30% of young gang members were girls.

The study’s lead author, David Pyrooz, is an assistant professor of criminal justice at Sam Houston State University.

The Juvenile Justice Information Exchange has more on the report’s findings, as well as why Pyrooz says the study’s gang population estimates are so far away from law enforcement numbers. Here’s a clip:

Law enforcement, the study said, puts more emphasis than the study did on older gang members and those involved in violent acts in determining the total number of gang members.

And while law enforcement relies on several factors, such as participating in violent acts or wearing gang colors, the researchers in the new study determined gang membership solely by youths identifying themselves as gang members.

“We’re picking up on this sort of dark figure of this hidden population of gang members in the U.S. that just aren’t going to be identified in law enforcement databases,” Pyrooz said.

“These are the guys who are more peripheral to the gang. They aren’t necessarily involved in deep-end gang activities, whereas law enforcement is picking up on those guys who are the deep end, those individuals who are committing crimes at high rates. They’re involved in lots of violence. They’re extremely embedded in the gang, hanging out on more of a daily basis, whereas we think we’re picking up on the entire picture as opposed to just that core element of the gang population.”

Pyrooz said most youths who join gangs do so at around ages 12 or 13, and the peak age for gang membership is 14.


LA COUNTY JAIL TEACHER CONVICTED OF SEX WITH INMATE STUDENT

A former LA County Pitchess jail teacher, 33-year-old Lisa Nichole Leroy, was sentenced to three years of probation and 40 hours of community service after pleading no contest to having sex with an inmate in a jail classroom.

LA County District Attorney Jackie Lacey’s office has further information on the case.

Posted in ACEs, DCFS, District Attorney, Foster Care, juvenile justice, LA County Jail, LASD, PTSD, Trauma | No Comments »

Are American Jails Being Misused? A New Report Says YES…(And How Do LA Jails Rate?)

February 12th, 2015 by Celeste Fremon


Every year there are nearly 12 million admissions to local jails in the U.S.
—almost 20 times the number of admissions to the nation’s state and federal prisons.

Yet while Americans seem finally to be having a sober conversation about the collateral damage done by our disastrously outsized prison systems, comparitively little attention has been paid to the rapid growth of the nation’s jails.

Now a new report from the Vera Institute of Justice looks at the key policies that have contributed to the rise in the use of jails, and the impact of jail incarceration on individuals, families, and communities.

The report, called Incarceration’s Front Door: The Misuse of Jails in America, was supported by the John D. and Catherine T. MacArthur Foundation as part of MacArthur’s just announced $75 million Safety and Justice Challenge initiative, through which the Foundation will fund up to 20 jurisdictions throughout the country to rigorously examine how well or poorly their local jails are being used. Then out of the 20, 10 entries will be selected and given up to $2 million a year to design and implement plans for using “innovative, collaborative, and evidence-based solutions” to reduce the use of jail incarceration without compromising public safety.

The Safety and Justice challenge is competitive and, on Wednesday, MacArthur released its request for proposals [RFP], for the first round of the competition, entries for which are due March 31.

“We’ve had expressions of interest from a number of counties in California,” Laurie Garduque, the director of Justice Reform for MacArthur told me. “I expect we’ll get applications from some of those jurisdictions—especially in light of the impact of realignment and other legislation, that has focused more attention on what is happening at a county level with the local jails”

As to whether anyone had expressed interest from Los Angeles County, the MacArthur and the Vera people I spoke with said they hadn’t yet talked directly to any of the main players about the challenge, but that they hoped LA would apply.


FACTORS AFFECTING OVER USE OF JAILS

The Vera report points out that jails serve an important function in local justice systems, both for short term incarceration, and to hold those charged with crimes who are either deemed too dangerous to release pending trial, or who are considered flight risks unlikely to turn up for trial.

According to Vera, however, the above categories no longer represent what jails primarily do or whom they hold. Instead, Vera reported, three out of five people in jail are unconvicted of any crime, yet are simply too poor to post even a low bail in order to be released while their cases are being processed.

For instance, in 2013 in New York City, more than 50% of the jail inmates who were held until their cases were settled, stayed in jail solely because they couldn’t afford bail of $2,500 or less. Most of these inmates were arrested on misdemeanor cases.

All of this time spent in jail purely for fiscal reasons, the report points out, has collateral consequences in terms of lost wages, lost jobs, loss of a place to live, and loss of time spent with spouses and children, producing further harm and destabilization of those incarcerated and, by extension, their families and communities.

Moreover, nearly 75 percent of both pretrial detainees and sentenced offenders are in jail for nonviolent traffic, property, drug, or public order offenses—some of which could be more successfully handled through diversion programs that utilize community based services. “Underlying the behavior that lands people in jail,” write the Vera authors, “there is often a history of substance abuse, mental illness, poverty, failure in school, and homelessness.”

(The report notes that, in Los Angeles County, they found that the single largest group booked into the jail system consisted of people charged with traffic and vehicular offenses.)

Vera also points to success stories, like that of Portland, Oregon, where every police officer receives training in how to respond to a suspect who appears to suffer from mental illness or is under the influence of drugs or alcohol. “For those people whose mental illness or substance use disorder is driving their repeated encounters with law enforcement—-typically as suspects in drug or property crimes—-the department participates in a Service Coordination Team that offers treatment in lieu of detention.” The strategy worked, both in terms of public safety, and fiscally. Between 2008 and 2010, the team saved the county nearly $16 million in jail costs alone.


WHAT ABOUT LA?

Interestingly, in 2011 the Vera Institute delivered a 289-page jails study commissioned by Los Angeles county’s board of supervisors. The report was titled the Los Angeles County Jail Overcrowding Reduction Project and, as its name suggests, it was focused on the LA county jail system specifically. The two-year Vera analysis (which was first completed in 2008, then revised in Sept. 2011) was exhaustively thorough, and yielded 39 detailed recommendations for LA, many focusing on things like pre-trial release programs and more effective responses to the mentally ill. Few of those recommendations, however, seemed to be included when, last spring, the board ordered up its $2 billion jail replacement and building plan.

More recently, spurred by the leadership of district attorney Jackie Lacey and by escalating threats from the civil rights division of the Department of Justice, LA has finally taken some heartening steps in the direction of a comprehensive community diversion program for the non-dangerous mentally ill who, at present, cycle in an out of LA county jail with grinding regularity.

Yet pre-trial release has been pretty much a non-starter.

So now that we have a new reform-minded sheriff, two new supervisors who are unhappy at the size of the county’s jail population, and a district attorney who continues to demonstrate her engagement with reform, will LA County fill out an application for the MacArthur Safety and Justice challenge?

“I think it’s a real opportunity,” said Nancy Fishman, one of the authors of the new 54-page report. “We’re all just at the beginning of what will be a massive outreach to counties, Los Angeles included. And we hope LA applies.”

More on that as we know it.

Posted in District Attorney, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, Mental Illness, pretrial detention/release | 4 Comments »

Jail Population Declining, Unsolved Homicides Update, Unaccounted-for Mental Health $$, and Sluggish County Settlements,

January 29th, 2015 by Taylor Walker

LA COUNTY JAIL POPULATION DOWN THROUGH PROP 47 AND BOOST TO SPLIT-SENTENCING

LA County has started catching up with other counties using their realignment money to implement split-sentencing—sentences “split” into part jail time, part probation. Last July, LA County District Attorney Jackie Lacey instructed prosecutors to seek split-sentences.

Since then, the county’s use of split-sentencing for low-level offenders has risen from 5% to 16.6%, according to a Probation Dept. report presented to the Board of Supervisors Tuesday. (Still a far cry from counties like Contra Costa, where 92% of non-serious offenders were serving split sentences by June of last year.) And as of January 1, across the state, split-sentencing for felonies will be mandated unless a court decides “that it is not appropriate in a particular case.”

Thanks, also in large part, to Proposition 47, the LA County inmate population has dropped low enough to ensure that most offenders will now serve nearly the full length of their sentences. (If you need a refresher: Prop 47 reclassified certain low-level drug and property offenses from felonies to misdemeanors.)

These numbers may come into play during the LA County Board of Supervisors’ discussions about whether to spend $2.3 billion on a 4,860-bed replacement for Men’s Central Jail. (We hope so.)

The LA Times’ Abby Sewell has the story. Here’s a clip:

Los Angeles County sheriff’s officials, who manage the jail system, complained that the resulting influx of offenders serving longer sentences was leading to the early release of thousands of other inmates. At the same time, probation officials have had trouble adjusting to a new population of offenders with lengthier criminal records and more serious mental health and substance abuse problems.

In November and December, the first two months after the penalty-reduction law took effect, the Los Angeles County district attorney’s office reported that felony sentences of prison, jail or probation had dropped by 41% from the same period in the previous year. And the number of inmates in county jails decreased from about 18,700 at the end of October to fewer than 16,000 at the end of December.

As a result of the falling population, the Sheriff’s Department has reversed a long-standing policy of releasing most inmates after they serve a fraction of their sentences. For years, most men convicted of lower-level crimes served only 20% of their sentence and women served 10%. Now, McDonald said, most inmates are serving 90%.

[SNIP]

…Supervisors Hilda Solis and Sheila Kuehl, who joined the board after November’s election, have expressed reservations about the size of that jail.

Kuehl said Tuesday that she continues to question the need for that many beds and “whether there is more capability and better capability to do mental health and substance abuse treatment in the community than in a locked facility.”

By the way, there is a ton of other interesting information in the Probation Department year-three realignment report. Or you can skim a condensed summary (with charts!) in the accompanying PowerPoint presentation.


LAPD’S RESPONSE TO INVESTIGATION INTO CLOSED—BUT UNSOLVED—HOMICIDE NUMBERS

Between 2000-2010, the LAPD closed unsolved homicides without arresting or charging a suspect at a rate more than double that of the national average, according to an investigative story by Mike Reicher as part of the LA Daily News’ fantastic series called “Unsolved Homicides.” (More on that in our previous post, here.)

Since then, the LAPD has responded, saying that they are unable to provide more data about why so many murders were cleared without being solved because they do not have the man power to pull the records, and provide the information. But former LAPD chief (and current city councilmember) Bernard Parks says collecting the information would not be difficult.

Here are some clips from Reicher’s update on this story:

“I would want them to be extremely transparent and clear about the numbers,” said Charis Kubrin, a professor of criminology, law and society at UC Irvine. “How many arrests are brought forward and declined by prosecutors? It could be that the courts are overwhelmed, that the resources aren’t there to deal with the volume. These are important questions that nobody has an answer to.”

[SNIP]

When asked for the reason each case was closed, LAPD Cmdr. Andrew Smith wrote, “We do not have the staff available to pull the concerned cases, conduct the research and provide you the detailed information you requested.”

Those reasons should be easily accessible, said City Councilman and former LAPD Chief Bernard Parks. Each detective has to justify why a case is closed, he said.

“If they’re not watched, and they’re not evaluated, people can easily manipulate them to have better stats,” Parks said in an interview Tuesday. “It’s not only transparency, it’s the basic element of filing a case. You can’t just say, ‘I cleared it, and I’m not going to tell you why.’ ”

LAPD Police Commission President Steve Soboroff said the agency already discloses enough information: “I think our guys are as transparent as any department in America.”


HOW DOES CA SPEND $13 BILLION ALLOCATED FOR THE MENTALLY ILL, AND WHERE ARE THE RESULTS?

In 2004, California’s Proposition 63 approved an extra 1% tax on millionaires to provide $13 billion in additional funding for mental illness programs state-wide. A report from the Little Hoover watchdog panel found that the state is unable to show how the money was spent (continuing a ten-year trend), or whether the extra money has helped California’s mentally ill.

The report gives six sensible recommendations on how to realize the full potential of this funding, through data collection, financial reporting, and weeding out ineffective programs, among other efforts.

The Associated Press has the story. Here’s a clip:

An investigation by The Associated Press in 2012 found that tens of millions of dollars generated by the tax went to general wellness programs for people who had not been diagnosed with any mental illness. Those programs include yoga, gardening, art classes and horseback riding. The state auditor reported similar findings a year later….

Counties are responsible for choosing and running their own programs, but an oversight commission was not established until eight years after the funding began and it has little authority.

Because of that, the report said, there are few repercussions for sloppy accounting or insufficient data, making it difficult for the state to evaluate the programs.

Commissioners said that during hearings on Proposition 63 last year they heard anecdotal stories of individual success, but the state cannot show “meaningful big-picture outcomes — such as reduced homelessness or improved school attendance.”


EDITORIAL: SWIFTER SETTLEMENTS TO PARTIES WRONGED BY LA COUNTY AGENCIES

When a lawsuit against an LA County department (the sheriff’s department, for instance) results in a settlement, county lawyers regularly draw out the process, even when there is no other option but to settle. The Board of Supervisors can (and do) further defer finalizing legal settlements.

The Supervisors understandably aim to be good stewards of the county’s money, and sometimes it’s necessary to make certain that the department at fault takes corrective action. But injured parties wait longer to receive restitution when the county delays action, and it can cost taxpayers even more money.

An LA Times editorial calls on the LA County Board of Supervisors to ensure a timely payment to the those wronged, and if necessary, to lean on departments taking too long to remedy violations. Here are some clips:

Joseph Ober was an inmate in another case; he said that deputies beat him without justification and denied him medical treatment. He and county lawyers reached a settlement in May, and one of the terms was final sign-off by the supervisors within 120 days. That deadline passed in August, and the court ordered the county to pay daily interest on the $400,000 settlement amount. The supervisors finally approved the agreement last week.

[SNIP]

County officials face an inherent tension when settling lawsuits. They want to protect the county treasury as much as possible, so they bargain hard and sometimes drag their feet in quest of a better deal. But they also have an obligation to make victims of county mistakes and misdeeds whole; and they must make sure that the problems that led to the suits are fixed. To that end, the supervisors understandably demand to see evidence of corrective action — so the same thing won’t happen over and over — before they approve settlements.

But many of these delays cost the county additional money, as in the Ober case…

Posted in District Attorney, jail, LAPD, Los Angeles County, Mental Illness, Realignment, Sentencing | 1 Comment »

Child Welfare Czar Further Delayed, LASD Oversight, Long-Term Price of Locking Kids Up…and More

December 11th, 2014 by Taylor Walker

SUPERVISORS RESTART THE SEARCH FOR A CHILD WELFARE CZAR

In a closed session last week, the LA County Board of Supervisors broke off their contract with the firm chosen to identify candidates for the new child welfare czar. (If you are unfamiliar: this czar will be appointed to oversee much-needed reforms to the Department of Children and Family Services.)

The board, unsatisfied with the people recommended by the headhunting firm, will now restart the search for viable contenders for the position. Other reasons for the change of course included uncertainty about how much power the czar will have, and the arrival of two new Supervisors, Sheila Kuehl and Hilda Solis.

KPCC’s Frank Stoltze has more on the issue. Here’s a clip:

One key question is how much authority to give the new position. Antonovich cited this as another reason the board decided to change headhunters.

“The position was being sold as having more authority than it was really going to have,” he said. Oppenheim said county officials decided on the job description, not him.

Solis suggested any new job description should provide the child welfare director more authority, not less. McCroskey said the current description was unclear because of conflicting views on the board.

“It wasn’t clear what it is that the primary responsibility would be,” she said. “Are you there to coordinate different agencies ? Or are you there to direct other agencies?”

Solis said the board’s decision to hire a new headhunter and re-write the job description reflects a new day at the county Hall of Administration – especially as it relates to her and fellow newcomer Kuehl.

“We’re not just going to sit by and keep with the status quo or listen to the naysayers who say ‘oh, you don’t know enough about this,’ ” Solis told KPCC. “We are taking a new refreshing look at it, a new bite at the apple.”


FORMING THE LASD CIVILIAN OVERSIGHT COMMISSION

On Tuesday, the LA County Board of Supervisors voted in favor of creating a citizen’s oversight commission for the Los Angeles Sheriff’s Department. But what will that commission look like?

An LA Times editorial says the commission should not be comprised of five members chosen by the five Supes. That configuration would not have enough independence from the board. The editorial (as well as Sheriff Jim McDonnell), calls for a larger commission, one with non-board-appointed members who can only be ousted with good cause. Here’s a clip:

Will this new body remain a creature of the Board of Supervisors, or will it be granted some independence? Will it oversee the work of the department’s inspector general, or instead will it work in cooperation — or competition — with that office? Will it have power to subpoena documents? What sway will it hold over the actions of the sheriff, who will continue to report directly to voters and will, at least on paper, be accountable only to them? Can oversight be accomplished by a body that is merely advisory?

The answers to these and other questions are fundamental to the proper operation of the commission, which could become a useful tool for good sheriff-community relations and for transparency and accountability. Or, if the panel is put together with too little care, it could become another sedimentary layer of bureaucracy that consumes resources but offers little in return.

[SNIP]

The new oversight commission should be seen differently, not as a instrument of the board but rather as something more independent, with a focus more on disclosure and accountability than on limiting financial liability.

A five-member panel would almost certainly consist of one appointee from each of the supervisors, serving as extensions of their offices, removable by them.

That’s one reason that Sheriff Jim McDonnell, the Coalition to End Sheriff Violence in Los Angeles Jails and The Times editorial board support a larger panel with members other than board appointees, each with staggered terms and removable only for cause.

The editorial also suggests county officials look to other municipalities with civilian oversight to see what’s working.


INCARCERATING KIDS COSTS BILLIONS DOWN THE LINE

A new report from the Justice Policy Institute examines the long-term costs, including the collateral consequences, of locking kids up.

Examining data from 46 states, the study found states spent an average of $148,767 a year locking up just one kid in the most expensive kind of confinement. California was among the 10 states spending the most on incarceration ($570.79 a day, $208,338 a year). Beyond that, the report estimates the US loses between $8-$21 billion in long-term secondary costs of needlessly incarcerating kids, including lost education time, lost future earnings, and lost future taxes.

Among other recommendations, the report suggests community-based treatment and supervision, investing dollars in diversion programs, better tracking of recidivism and outcomes.

Here are some clips from the accompanying story:

“Every year, the majority of states spend $100,000 or more to lock up youth who are mostly imprisoned for troubled behavior or nonviolent offenses,” said Marc Schindler, executive director of Justice Policy Institute. “And compared to the huge long-term costs to young people, their families, victims, and taxpayers, that’s really just the tip of the iceberg. This is a poor investment and we must do better.”

The billions of dollars in hidden costs result from formerly incarcerated young people earning lower wages, paying less in taxes, as well as having a greater dependence upon government assistance and higher rates of recidivism. Research shows that the experience of incarceration increases the likelihood that young people will commit a new offense in the future…

Beyond these costs, the report also notes that the system does not affect all young people equally. African American youth are incarcerated at a rate nearly five times that of white youth, and Hispanic/Latino youth at a rate twice as high as whites. Even though young people engage in similar behavior, there are differences in the way young people of color and white youth are treated.

“The significant and multi-faceted costs of incarceration paint a troubling picture for young people, their families and communities, as well as taxpayers,” said Marc Levin, director of the Center for Effective Justice at the Texas Public Policy Foundation. “Fortunately, proven alternatives to incarceration for holding youths accountable are not only cheaper, but most importantly are almost always the best answer for protecting the public and putting kids on the right track to being productive, law-abiding citizens.”


CONSIDERING THE INQUEST: A POSSIBILITY ALTERNATIVE FOR HANDLING POLICE KILLINGS

The non-indictments of both Darren Wilson and Daniel Pantaleo—the officers who killed Michael Brown and Eric Garner—have prompted conversations about ways to eliminate bias in police killing cases generally handled by local District Attorneys. Appointing special prosecutors or handing cases to the state DA’s office have emerged as potential work-arounds.

Slate’s Josh Voorhees has the story on another idea that is entering the discussion: an inquest. Here’s a clip:

How do we resolve this disjoint between a binary system that sees things only in black and white and the public’s need for an honest investigation of the shades of gray in between? One little-discussed option comes from Paul MacMahon, a law professor at the London School of Economics. He argues in a forthcoming Yale Law & Policy Review article that the solution may be an inquest, a quasi-judicial proceeding with medieval roots that has largely fallen by the wayside in the United States. Inquests—which are still common in England and Ireland—are called in the aftermath of an unexpected or unusual death. Typically, a jury, with the help of a judge or coroner, seeks to establish the facts of the case but, importantly, has no legal authority to indict or convict. Think of this as akin to a civilian review board, but with more power, a clearer task, and an actual platform to make sure its conclusions are heard.

How would such an inquest work? MacMahon proposes launching one automatically anytime a police officer kills someone in the line of duty. Having either a judge or coroner lead the jury would remove the apparent conflict of interest of a district attorney investigating an officer who he relies on to do his job. The inquest would have the power to compel witnesses to testify under oath, but unlike a grand jury, the proceedings would play out in public. The bigger wrinkle, though, is that the jury would have no power to decide the question of criminal or civil liability. The findings wouldn’t necessarily even be admissible as evidence in a court of law. Prosecutors would still be the ones to decide whether to take the case to the grand jury; the grand jury would still decide whether to indict the officer. But an inquest would bring a heavy dose of public accountability. In England, for instance, when an inquest concludes a homicide was an “unlawful killing,” the state doesn’t have to prosecute the case. If it chooses not to, however, it has to formally explain that decision.

The inability of an inquest to bring charges itself may sound like a weakness, but it’s what makes the process so valuable. Because the panel wouldn’t be preoccupied with the guilty/not guilty or indictment/no indictment binary, it would have more leeway to pursue the facts wherever they lead. “The inquest, more than any other institution, is charged with pursuing the truth—sometimes including the moral truth,” MacMahon writes. Inquests don’t just ask whether someone’s actions were justified in a legal sense, he says; they ask “whether or not a person’s conduct was justified in distinct and important ways from the question of whether or not the person should be held criminally responsible or liable to pay damages.”

In the case of Wilson or Pantaleo, then, an inquest could try to answer not just whether the officer was legally justified in his use of force, but whether the officer was right in a larger sense to do so. There’s no guarantee the inquest’s jurors would be able to settle that question once and for all, of course, but simply publicly attempting to would be a big step forward for a government that is struggling to convince communities of color that their lives matter in our criminal justice system…

Posted in District Attorney, Foster Care, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, prison | 22 Comments »

Federal Profiling Policies, Addressing Incarcerated Kids’ Education Needs, LASD Civilian Oversight…and More

December 9th, 2014 by Taylor Walker

NEW GUIDELINES: WHO (AND WHEN) FEDERAL LAW ENFORCEMENT AGENTS CAN PROFILE

US Attorney General Eric Holder has announced new profiling guidelines for federal law enforcement agencies. Now, federal officers can no longer discriminate based on religion, national origin, gender, sexual orientation and gender identity. Before, only discrimination based on race or ethnicity was banned.

While the move does appear to be a step in the right direction, advocates say it may not make a huge difference in curbing profiling across the nation. For instance, the guidelines are only for federal agencies—not state and local departments, and some of these new rules don’t apply to TSA and border patrol officers.

The LA Times’ Timothy Phelps has some helpful examples of changes the new policy will bring (and things that will not be changed). Here are some clips:

Will the new rules help prevent the kinds of deadly encounters seen recently in Ferguson, Mo., and New York that have left African American men dead at the hands of white police officers?

Not likely. The new guidance applies only to federal law enforcement officers, such as those from the FBI and Justice Department. Local or state police would have to abide by the guidelines only if they were working on a joint task force with federal officers.

But Justice Department officials said Atty. Gen. Eric H. Holder Jr. is hopeful that the federal guidelines will become a nationwide model that is eventually embraced by local law enforcement as well.

[SNIP]

Can federal law enforcement investigate someone simply because they are gay or lesbian?

No. For the first time, sexual orientation and gender identity are protected in the anti-profiling guidelines. Gay rights advocates have praised the new language.

Does the new policy apply to terrorism and national security cases?

In theory, yes. The new guidance revoked the national security exemption that had existed under the old rules.

But like border agents, the FBI and other agencies that investigate terrorism argued that profiling was sometimes needed to protect the nation. Civil rights lawyers say other provisions in the rules appear to permit certain kinds of profiling in the name of national security.

The new guidance specifically allows the FBI and other federal law enforcement to continue to “map” communities, focusing their investigations on neighborhoods or communities based, for example, on religion or national origin. Also, some critics of the new rules are concerned that Holder was noncommittal Monday when asked whether the FBI field manual would be updated to reflect the new guidance, raising questions about whether federal agents will change their behavior.


ANOTHER DOJ ANNOUNCEMENT (WITH THE DEPT. OF EDUCATION): EDUCATION FOR CONFINED KIDS

On Monday, AG Eric Holder also announced, with the U.S. Secretary of Education Arne Duncan, a new Correctional Education Guidance Package to help states and local agencies provide better education services to locked up kids. The package comes as a result of President Barack Obama’s My Brother’s Keeper initiative aimed at improving outcomes for boys and young men of color.

The package instructs juvenile facilities to provide boys and girls with equal access to education programs, end discriminatory discipline practices, and better serve the education needs of english-learning kids.

Evie Blad has more on the new guidance in a story for Education Week. Here’s a clip:

The guidance consists of “Dear Colleague” letters that outline the education obligations of juvenile justice residential facilities under federal civil rights laws, clarify that many confined youth are eligible for federal Pell grants for higher education, and specify facilities’ obligations under the Individuals with Disabilities Education Act. The agencies’ also released a set of “guiding principles” for providing education in juvenile justice settings.

The package includes a special focus on issues that are especially relevant to education in juvenile justice settings, including coordination with schools as students transition in and out of their care, use of highly qualified and credentialed teachers, promoting a positive and safe climate for learning, and identifying special education needs.

“Although the overall number of youth involved in the juvenile justice system has been decreasing, there are still more than 60,000 young people in juvenile justice residential facilities in the United States on any given day,” Catherine E. Lhamon, the Education Department’s assistant secretary for civil rights, and Vanita Gupta, the acting assistant attorney general for civil rights, wrote in the guidance.

Holder noted that the agencies released the guidance at a time of “growing national dialogue about ensuring that America’s justice system serves everyone equally.” Youth in detention facilities are sometimes recipients of inadequate instruction or no instruction at all, Holder said, calling such experiences “unacceptable failures” and “lost opportunities.”


LASD CIVILIAN OVERSIGHT VOTE MAY COME TODAY

Today (Tuesday), the LA County Board of Supervisors is expected to vote on the creation of a permanent citizens’ oversight commission for the Los Angeles Sheriff’s Department. The motion, previously submitted by Mark Ridley-Thomas and termed-out Gloria Molina, was rejected by the board. (Ridley-Thomas has championed the idea for more than two years.) Now, Ridley-Thomas and new Supervisor Hilda Solis have reintroduced the proposal. And new 3rd District Supervisor Sheila Kuehl has said before that she will support civilian oversight.

An LA Times editorial urges the board to approve the motion. Here’s how it opens:

New leaders bring fresh perspectives, so there is reason to believe that Los Angeles County government will be reinvigorated by the four officials who took office earlier this month. But sometimes it’s not enough to change faces and ideas; the structure of government itself needs an occasional shake-up. So it’s doubly heartening that the reconstituted Board of Supervisors on Tuesday will take up the idea of a citizens commission to oversee the Sheriff’s Department. The action is overdue.

Sheriffs are directly elected by county voters, affording a level of independence so great that it sometimes veers into unaccountability. That was part of the problem with former Sheriff Lee Baca, whom voters returned to office repeatedly while he presided over a department in which management breakdowns led to inmate abuse in the jails and other critical and costly problems. For years, voters had too limited a view into the department to know of its failings; the Board of Supervisors had too many other things on its plate to adequately spotlight them; and outside monitors who had access and knowledge had no public forum at which to share them.

To address that structural shortcoming, new Sheriff Jim McDonnell supports the creation of a citizens oversight commission — a panel to scrutinize the department’s actions and operations and report on its findings in a public setting. A divided Board of Supervisors rejected such an idea in August but one of its new members, Hilda Solis, has joined with Mark Ridley-Thomas to reintroduce it. New Supervisor Sheila Kuehl noted numerous times on the campaign trail that she, too, is in favor.

(The Long Beach Press-Telegram editorial board is also calling for civilian oversight.)


CONVERSATION ABOUT SPECIAL PROSECUTORS BUILDS IN THE WAKE OF NON-INDICTMENT OVER ERIC GARNER DEATH

Advocates as well as New York officials and lawmakers—like state Attorney General Eric Schneiderman and New York Public Advocate Letitia James—are pushing for cases involving death at the hands of law enforcement officers to be handled by independent state prosecutors. The calls became more urgent after a grand jury did not indict NYPD officer Daniel Pantaleo in the chokehold death of Eric Garner.

The AP’s Jennifer Peltz has more on the complicated issue. Here are some clips:

The city’s elected public advocate and some state lawmakers are pressing for appointing special state prosecutors for police killings, saying Eric Garner’s death has bared problems with having DAs lead investigations and prosecutions of the police who help them build cases. State Attorney General Eric Schneiderman asked Gov. Andrew Cuomo on Monday to give Schneiderman’s office the authority to investigate deaths at the hands of police.

Similar legislation has been proposed in Missouri since the police shooting of an unarmed 18-year-old in Ferguson.

“This is a watershed moment,” New York Public Advocate Letitia James said by phone. “It’s clear that the system is broken and an independent prosecutor is needed.”

She’s advocating appointing such prosecutors whenever police kill or seriously injure someone. Assemblymen Karim Camara and Marcos Crespo are proposing special prosecutors for police killings of unarmed people.

Cuomo said last week on CNN’s “The Situation Room with Wolf Blitzer” that the state should examine whether DAs should bring such cases and “potential roles for special prosecutors,” as part of a broad look at the criminal justice system.

[SNIP]

“There has to be a permanent special prosecutor for police misconduct because of the inherent conflict” in tasking local prosecutors with exploring allegations against the police who are often their partners, said civil rights lawyer Norman Siegel.

But DAs bristle at the implication that they’re too close to police for public comfort.

“Why would the people’s choice to be their elected law enforcement officer be disqualified in favor of some political appointment?” said Onondaga County District Attorney William Fitzpatrick, the Syracuse prosecutor who is president-elect of the National District Attorneys Association.

[SNIP]

Some states have established permanent special prosecutors’ offices for various types of cases. Maryland’s handles everything from election law violations to misconduct by public employees, including police.

But the idea of a special prosecutor specifically for police has a particular history in New York. The state created a state special prosecutor’s office in 1972 to explore police corruption in New York City, responding to the allegations later chronicled in the 1973 film “Serpico”….

The New York Times Editorial Board agrees that an independent prosecutor should be brought in to eliminate possible bias on the part of local DAs who work closely with police. The editorial suggests that law enforcement agencies should welcome such a shift. Here’s how it opens:

It is a long-established and basic reality of law enforcement in America: Prosecutors who want an indictment get an indictment. In 2010 alone, federal prosecutors sought indictments in 162,000 cases. All but 11 times, they succeeded.

Yet the results are entirely different when police officers kill unarmed civilians. In those cases, the officers are almost never prosecuted either because district attorneys do not pursue charges in the first place or grand juries do not indict, as happened most recently in Ferguson, Mo., and Staten Island.

There are various explanations for this, but the most obvious is the inherent conflict of interest that exists for prosecutors, who rely heavily on the police every day. Cops arrest suspects; they investigate crimes; they gather evidence; and they testify in court, working essentially in partnership with prosecutors.

Whether or not bias can be proved in a given case, the public perception of it is real and must be addressed.

The best solution would be a law that automatically transfers to an independent prosecutor all cases in which a civilian is dead at the hands of the police. This would avoid the messy politics of singling out certain district attorneys and taking cases away from them.

The police should be among the strongest supporters of this arrangement because both their authority and their safety are undermined when the communities they work in neither trust them nor believe that they are bound by the same laws as everyone else.

For further recommended reading, Alameda County public defender Seth Morris explains how easy it is to get an indictment. Here’s how it opens (but read the whole thing):

It is, we are told, very hard to get grand jurors to indict police officers — which supposedly explains why Darren Wilson and Daniel Pantaleo walk free, despite the men they killed in Ferguson, Mo., and on Staten Island. But as a public defender, I know exactly what it takes to get an indictment. I could get one in either case. In fact, I am ready and willing to fly to any town in this country to get an indictment in any case where a police officer kills an unarmed civilian. It’s just not that hard.

I’d start by saying this. “A man, a member of our community, has been killed by another. Only a trial court can sort out what exactly happened and what defenses, if any, may apply. I believe in our trial system above all others in the world. I ask for an indictment so that all voices can be heard in a public courtroom with advocates for both sides in front of trial jurors from the community. This room is not the room to end this story. It’s where the story begins.”

I’d do it by asking the grand juries to apply the law to these men as the law demands it be applied — equally. I’d ask them to consider the recent fateful events as the work of ordinary humans, not police officers. I’d explain that the cases are too important to be settled in a secret grand jury room. The lives lost are too valuable to avoid a public trial.

I’d ask them not to consider the defenses the men may raise at trial, because these are irrelevant to the question of indictment. Judges routinely tell my clients — indigent, poor, often young men of color — that they will face trial because probable cause is an exceedingly low standard of proof. All it requires is a suspicion that a crime occurred and a suggestion that the defendant may be responsible for the crime.

Posted in DEA, Department of Justice, District Attorney, FBI, juvenile justice, LA County Board of Supervisors, LASD, law enforcement, LGBT, National issues | No Comments »

LA Supes Set $41M Toward Mental Health Diversion, Prison Banker Cuts Controversial Fees, LBPD’s New Chief…and More

November 13th, 2014 by Taylor Walker

LA DISTRICT ATTORNEY JACKIE LACEY’S MENTAL HEALTH DIVERSION PUSH LEADS SUPERVISORS TO ALLOCATE $41M FOR TREATMENT, OTHER SERVICES

On Wednesday, LA County District Attorney Jackie Lacey presented a report to the Board of Supervisors detailing how the county is failing the mentally ill by funneling them into the criminal justice system.

Thanks, in part, to Lacey’s urging, the Supervisors voted Wednesday to devote $41 million in state funding to opening up more 24-hour psychiatric emergency rooms, expanding the county’s mobile crisis response teams by 14 units, and increasing residential treatment programs’ capacity by approximately 560 beds.

My News LA posted this story from the City News Service. Here’s a clip:

The money will be used in part to expand mobile crisis support teams that work in tandem with police officers and sheriff’s deputies to identify mentally ill offenders.

A consultant hired by Lacey concluded that not enough law enforcement officers have been trained on how to deal with people undergoing a mental health crisis, and recommended more resources.

Health officials also plan to open three new 24-hour urgent care centers and expand residential treatment programs for the mentally ill by about 560 beds.

Civil rights activists — who protested outside the Kenneth Hahn Hall of Administration prior to speaking before the board — have been pushing the county to fund community-based programs in lieu of increasing the number of jail cells.

Lacey acknowledged that the county will need to do both, noting the state of deterioration of the Men’s Central Jail.

“It’s unfit even if you’re not mentally ill,” she said.

Effective community-based crisis treatment can cut costs associated with inpatient or emergency room care and jail time, officials said.

Supervisor Zev Yaroslavsky highlighted the expense involved.

“The cost of checking somebody in (to the jail) is probably greater than the cost of checking into a Four Seasons hotel,” Yaroslavsky said.

An LA Times editorial says having DA Lacey spearheading the mental health diversion endeavor has made all the difference. Here are some clips:

In the ideal world, police responding to a disturbing-the-peace or petty crime call arrive at the scene with the training to discern whether the subject’s behavior is due at least in part to a mental health problem. They defuse the situation and turn the subject over to the just-arrived psychiatric evaluation team, or else they take the subject to a crisis center where the intake process is efficient, allowing the officers to go back on patrol while the subject is stabilized, diagnosed and monitored by mental health professionals. Or, if the alleged crime is dangerous and the alleged criminal poses a risk to public safety, he or she is taken to jail.

The family is quickly contacted, and if jail is not the right track, trained experts identify available funding and choose the most appropriate clinic bed from an ample supply across the county. Services continue after the subject is stabilized. County workers and contractors find housing, if it is needed, connect the person with medical care and help him or her find work.

[SNIP]

In the real world, jail remains the easiest and sometimes the only option for police arresting mentally ill people…

But the gap between the real and the ideal worlds is slowly shrinking…

Lacey’s efforts have given renewed vigor to mental health and law enforcement professionals who got into their lines of work to help people but for too long have been beaten down by the sheer scope of Los Angeles County’s mental health needs.

Read the rest.


PRISON BANKING COMPANY DROPS FEES FOR MONEY ORDERS TO INMATES

Private financial institution, JPay, has stopped charging families fees to send money orders to inmates in Indiana, Ohio and Oklahoma, benefiting around 100,000 families with incarcerated loved ones. After the change, Kansas is the last state in which families are charged a money order fee. (There are, of course, still tons of fees charged by JPay and other companies, but this is a step in the right direction.)

The Center for Public Integrity’s Daniel Wagner has the story. (For more backstory, read some of Daniel Wagner’s earlier reporting on this issue.) Here’s a clip:

The move comes after a Center for Public Integrity report showed that the families of hundreds of thousands of U.S. inmates had no way to send money to their incarcerated loved ones without incurring high fees. Several of the prison systems that had no free option for money transfers contracted with JPay for their inmates’ financial services.

JPay is one of the largest prison bankers, companies that provide financial services to inmates and their families, sometimes charging high fees and sharing their profits with the agencies that contract with them. The company handled nearly 7 million transactions last year and expects to transfer more than $1 billion this year.

JPay and other prison bankers have become central players in a multi-billion dollar economy that shifts the costs of incarceration onto families of prison inmates, according to the Center’s report. Families must send money to help pay for necessities like toilet paper and winter clothes that used to be provided by the government. JPay says it handles money transfers for 1.7 million offenders, or nearly 70 percent of the inmates in U.S. prisons.

JPay did not respond to several emails and phone calls requesting comment about the decision to eliminate some fees. The company’s founder and CEO Ryan Shapiro earlier said The Center’s questions about money order deposit fees forced him to consider the impact of policies that affect the company’s poorest customers. He said he would seek to convince states to provide families with a free deposit option.

The change was confirmed by John Witherow, director of Nevada CURE, an inmates’-rights group. Witherow said he received an email announcing the change from JPay’s public relations manager sometime in the past two weeks. A spokesman for the Indiana Department of Corrections also confirmed the change. Spokesmen for the Ohio and Oklahoma departments did not respond to requests for comment.


DEPUTY CHIEF ROBERT LUNA TO BECOME LONG BEACH’S FIRST LATINO POLICE CHIEF

On Tuesday, Long Beach officials appointed Deputy Chief Robert Luna the city’s new police chief. Luna, who will replace outgoing chief, Los Angeles Sheriff-elect Jim McDonnell, is the first Latino to serve as an LBPD chief.

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

Luna, 48, has been with the police department for 29 years. He commanded the patrol bureau and was second-in-command to McDonnell. He will be the city’s 26th police chief and the first Latino to serve in that role.

Mayor Robert Garcia and City Manager Pat West announced the selection of Luna on Tuesday at police headquarters.

“I truly have a passion for this profession, this city and I absolutely love this police department,” Luna said after the announcement.

Luna said he plans to meet with the community to learn where the police department needs to improve. Last year, the department had a spike in officer-involved shootings compared to 2012. The deaths of several unarmed civilians have cost the city millions in legal settlements.


THE MAJORITY OF STATES SUCCESSFULLY CUT INCARCERATION RATES AND CRIME RATES

A Pew Charitable Trusts infographic released this week takes a look at the FBI’s newly released crime data against the Bureau of Justice Statistics’ incarceration data, and shows that in the 33 states where imprisonment numbers decreased, the crime rate was lowered an average of 13%. In the 17 states with increases in incarceration, crime rates still fell an average of 11%.

Posted in District Attorney, Jim McDonnell, LA County Board of Supervisors, LA County Jail, mental health, Police | No Comments »

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