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Edmund G. Brown, Jr. (Jerry)


Isolation’s Effects on Kids…LAPD Motorcycle Officer Christopher Cortijo Has Died…Dismantled LAPD Dash-Cam Update…What’s Really Blocking Child Welfare Reform…and a New Prison Overcrowding Compliance Officer

April 10th, 2014 by Taylor Walker

CHILD PSYCHIATRIST SAYS LOCKING KIDS IN SOLITARY IS “THE ULTIMATE MESSAGE THAT WE DON’T CARE FOR YOU”

Dr. Bruce Perry is a child psychiatrist and senior fellow at the ChildTrauma Academy, who has consulted on Columbine, Hurricane Katrina, and several other catastrophic events involving children.

In a Q&A with Trey Bundy of the Center for Investigative Reporting, Dr. Perry explains in clear terms why solitary confinement is so psychologically damaging to the kids unlucky enough to get locked inside.

Here’s a clip:

We hear a lot of stories about prolonged isolation, but what are the effects of just a few days of solitary confinement on kids?

They end up getting these very intense doses of dissociative experience, and they get it in an unpredictable way. They’ll get three days in isolation. Then they’ll come back on the unit and get two days in isolation. They’ll come back out and then get one day. They end up with a pattern of activating this dissociative coping mechanism. The result is that when they’re confronted with a stressor later on, they will have this extreme disengagement where they’ll be kind of robotic, overly compliant, but they’re not really present. I’ve seen that a lot with these kids. They’ll come out, and they’re little zombies. The interpretation by the staff is that they’ve been pacified. “We’ve broken him.” But basically what you’ve done is you’ve traumatized this person in a way that if this kid was in somebody’s home, you would charge that person with child abuse.

Kids in isolation must lose all sense of control. What’s the impact of that?

One of things that helps us regulate our stress response is a sense of control. With solitary, when you start to take away any option, any choice, you’re literally taking somebody with a dysregulated stress response system, like most of these individuals in jail, and you’re making it worse. The more you try to take control, the more you are inhibiting the ability of these individuals to develop self-control, which is what we want them to do.

How does it affect a kid’s sense of self-worth to be locked away from everyone else?

Most of these kids feel marginalized to start with. They feel like they’re bad, they did something wrong, they don’t fit in. And isolation is essentially the ultimate marginalization. You’re so marginalized you don’t even fit in with the misfits, and we are going to exclude you from the group in an extreme way. In some ways it’s the ultimate message that we don’t care for you. We are neurobiologically interdependent creatures. All of our sensory apparatus is bias toward forming and maintaining relationships with human beings. When you are not part of the group, it’s a fundamental biological rejection.

Do go read the rest of this worthwhile Q&A.


WELL-LIKED LAPD MOTORCYCLE OFFICER CRITICALLY INJURED IN CRASH, HAS DIED

Christopher Cortijo, an LAPD motorcycle officer, who was struck on Saturday by a driver allegedly under the influence of drugs, has died.

Cortijo, who was assigned to DUI enforcement, was stopped at an intersection in North Hollywood when a driver hit his motorcycle, pinning him between her SUV and the Honda in front of him. Officer Cortijo lost the fight for his life Wednesday.

Our hearts go out to Cortijo’s family, friends, and fellow officers. The death of a law enforcement officer is an unimaginable loss for loved ones, but it is also a blow to the greater community.

The LA Daily News’ Brenda Gazzar and Kelly Goff have the story. Here’s a clip:

Officer Christopher Cortijo was a 26-year police veteran who was assigned to DUI enforcement. He was gravely injured and went into a coma after a Chevy Blazer slammed into his motorcycle, which was stopped at a red light at Lankershim Boulevard and Saticoy Street, around 5:30 p.m. Saturday.

The driver, a Pacoima woman whose license had expired years ago, was arrested on suspicion of driving under the influence of drugs. After several days in the Intensive Care Unit at Providence Holy Cross Medical Center, with officers or family at his bedside around the clock, Cortijo was taken off his ventilator on Wednesday, officials said.

The 51-year-old North Hollywood resident, who had served in the U.S. Marines, was married with adult children.

“It’s a tremendous sadness for all of us,” Deputy Chief Jorge Villegas, who oversees the LAPD’s Valley Bureau, said in a telephone interview. “He was not only a great officer, but a great person. Everyone’s thoughts are with his family. His family will be our family forever.”

About 100 officers lined the walkway outside the ICU at Providence in Mission Hills as Cortijo’s body was taken to the coroner’s van, wrapped in a flag. Nurses similarly lined the hallways inside the building, according to hospital spokeswoman Patricia Aidem.

Police Chief Charlie Beck and Mayor Eric Garcetti, flanked by about a dozen LAPD motor officers who worked with Cortijo, spoke to reporters late Wednesday afternoon in downtown.

“I was devastated when I heard the news,” Garcetti said. “My heart sank when the chief called me.”

Garcetti said Cortijo’s death was a reminder of the “sacrifice that our bravest heroes make.”

Garcetti said he ordered city flags lowered to half-staff in Cortijo’s honor.

Cortijo was twice named Officer of the Year as a motorcycle cop, Beck said. He arrested more than 3,000 people driving under the influence during his career, Beck said.

“The ultimate irony is that Chris spent his life keeping all of us safe from people who drive under the influence of drugs and alcohol,” Beck said.


IN OTHER LAPD NEWS…

Yesterday, we pointed to a story about the unauthorized dismantling of 80 LAPD in-car surveillance cameras, and the subsequent failure of LAPD officials to investigate.

Gary Ingemunson, independent counsel for the LAPD union (the Los Angeles Police Protective League), has a story from February on the union’s blog that gives a little bit of extra context—another piece of the puzzle. Ingemunson says that many officers feel the tool is being used against them unfairly, in instances other than “crime documentation and prosecution.”

Read Ingemunson’s story about an officer who was punished for an accident that would have likely been considered non-preventable, if not for a questionable conversation he had with his partner (recorded by the dash-cam) right before the collision.

Here’s a small clip:

The accused officer and his partner engaged in a conversation that higher management did not like and felt reflected on the cause of the accident. This, of course, ignores another special order regarding the DICVS. Special Order 45 states “The Digital In Car Video System is being deployed in order to provide Department employees with a tool for crime documentation and prosecution and not to monitor private conversations between Department employees.”

While it does not excuse the officers who tampered with the cameras, it raises an issue that management might want to think about.


BUREAUCRACY IS THE TRUE KILLER OF DCFS REFORM

Later this month, the Blue Ribbon Commission on Child Protection, established by the LA County Board of Supervisors, will present their final report, chock-full of recommendations for reforming the dysfunctional Department of Children and Family Services. But these recommendations may not be all that new. The commission found 734 recommendations presented over the years, either not in play at all, or stuck in the beginning stages of implementation.

On March 28, at second-to-last meeting of the LA County Blue Ribbon Commission on Child Protection, commission-member Andrea Rich said that bureaucracy, itself, is what’s blocking past and present child welfare reforms.

Two members of the Board of Supervisors (Zev Yaroslavsky and Gloria Molina) are terming out and new faces will take their seats. Two years from now, two more supervisors will be replaced (Michael Antonovich and Don Knabe).

The LA Times’ Robert Greene says this change-up is a real opportunity for reform, if only the supervisor candidates will rise to the challenge. Here’s a clip:

“Bureaucracies not carefully managed and consistently improved have characteristics that are destructive to client-oriented services, impede innovation, stifle efforts at self-improvement,” she said. “This sort of narrow span of control and bureaucratic risk-aversion typical of the bureaucratic process constantly thwarts efforts toward meaningful reform. And we’ve seen it over and over in our studies here and in testimony.”

Commission Chairman David Sanders also headed an L.A. County department – the often-criticized Department of Children and Family Services – but he said Monday that he was surprised at the extent of the dysfunction he saw from his new perspective compared with what he saw at DCFS.

Translation: The county is messed up. Efforts to reform the child protection system are doomed without a thorough overhaul – not of DCFS but of the entire county governmental edifice, the way it thinks and the way it works.

So how can that kind of overhaul happen? There are two ways to answer the question. One way is to look at the list of 734 recommendations for improving the child protection system offered to the Board of Supervisors and various county departments over the years that the commission found gathering dust on shelves or at best stalled in some early stage of implementation, and conclude that county government is hopeless.

The other is to look at the looming change in county leadership, with two of the five supervisors leaving office this year – the first time there has been that sweeping a change since Michael D. Antonovich ousted Baxter Ward and Deane Dana booted Yvonne Burke a generation ago, in 1980 – and candidates vying to replace them. Antonovich, still serving on the Board of Supervisors 34 years later, and Don Knabe, who succeeded his boss and mentor Dana, will likewise be replaced in two years.

Los Angeles County can have the exact same government and culture with slightly different faces, or it can embrace an opportunity for new thinking.

It’s fine for candidates to talk about how they would hire more child social workers, although the county is already on track to do that. Or how they would change deployment, although those kinds of changes are constantly discussed and always seem to be in the works.

In the view of the commission – this is preliminary, because the final report is yet to be adopted – there is an even more global mandate, and while members of the panel may insist that their recommendations are all about ensuring child safety, a closer look suggests that they go to the heart of numerous challenges that this big, awful bureaucracy faces in order to accomplish anything: Explicitly define its mission; put someone in charge of executing it; measure success and failure.

Sitting supervisors may well protest that these things are already being done, and candidates may be puzzled at marching orders that sound more like a homework assignment in an MBA student’s organization behavior class than social work.

But that’s the point. The county has grown and segmented itself so quickly that it has lost its sense of priorities; or rather, its sense of priorities is set by news headlines, scandals, outrages and political campaigns.

Read the rest.


CALIFORNIA GETS A NEW PRISON POPULATION COMPLIANCE OFFICER

On Wednesday, federal judges named Elwood Lui California’s prison population “compliance officer.” Lui, a former associate justice of the California Court of Appeal, has been tasked with releasing prisoners if the state fails to comply with the judges’ population deadlines throughout the next two years. (Backstory here.)

The Sacramento Bee’s Sam Stanton has the story. Here’s a clip:

Lui was one of two candidates for the position suggested by lawyers representing the state. He has agreed to serve without compensation but to have reasonable expenses reimbursed, according to the order from the panel issued Wednesday afternoon…

The judges originally ordered California in 2009 to cut its inmate population to 137.5 percent of capacity, but appeals delayed that and resulted in the Feb. 10 order giving the state two more years to comply.

The February order also gave the compliance officer authority to release the necessary number of inmates to ensure that California meets the court-ordered deadlines.

The compliance officer now has the authority to release inmates if the prison population is not cut to 143 percent of capacity by June 30 (or 116,651 inmates); to 141.5 percent by Feb. 28, 2015 (115,427 inmates); and to 137.5 percent a year after that (112,164 inmates).

Posted in DCFS, Edmund G. Brown, Jr. (Jerry), juvenile justice, LA County Board of Supervisors, LAPD, prison, solitary | No Comments »

Influx of Second-Strikers in CA Prisons, Smarter Sentencing & Recidivism Reduction Bills, Investigating Alleged DOJ Misconduct…and More

March 16th, 2014 by Taylor Walker

PRISON ADMISSION NUMBERS FOR SECOND STRIKERS JUMPED 33% LAST YEAR

In 2012, California amended the “Three Strikes” law to only trigger a sentence of 25-to-life if a person’s third strike was categorized as a violent or serious felony. As of September 2013, over 1000 third-strikers were freed, and more than 2000 were still awaiting approval for resentencing. But another part of the “Three Strikes” law pertains to those with two strikes, and doubles a person’s sentence if the second strike follows a serious or violent first strike.

According to state prison officials, 5,492 people went to prison on second-strike convictions during the 2012-2013 fiscal year, a jump of 33% over the previous year.

This sudden increase may prove problematic as Gov. Jerry Brown works to lower the prison population to the federal judge-ordered level.

KPCC’s Rina Palta has the story. Here’s a clip:

Enacted in 1994, the Three Strikes law did two big things. The first is that for anyone who has committed two previous serious or violent felonies, it increased the penalty for any third felony to 25 years to life in prison. And for “second strikers” — anyone who commits any felony after previously committing a serious or violent felony — their sentence was automatically doubled.

Third strikers have gotten a lot of attention since the law passed, like the story of the L.A. man sent to prison for life for stealing a slice of pizza (from a group of children, to be fair). A judge later reduced his sentence, and he spent about six years in prison, but the “pizza thief” remained an emblem of a movement to reform Three Strikes. Which California voters eventually decided to do in 2012 with Proposition 36, which required a third strike be a serious or violent felony, not a lower-level crime like drug possession — or pizza theft.

The lesser-publicized second strike rule, however, hasn’t changed. And now state officials worry the proliferation of second strikers is making it difficult for California to lower its prison population enough to meet court-ordered levels.

[SNIP]

The approximately 35,000 second strikers, with their lengthy prison terms, are proving a major obstacle. About 24,000 of them are in prison on a non-violent second-strike offense.

“We’re certainly concerned that if this trend in increased admissions continues, it is going to make it harder for the state to comply,” said Aaron Edwards, senior analyst at the non-partisan Legislative Analyst’s Office. “The state will have to figure out some kind of way to accommodate them.”

That means either finding a facility for them, or figuring out a way to cut admissions, Edwards said. And cutting admissions likely means figuring out why the population has increased in the first place.

(In his proposed 2014 budget, Gov. Brown did help non-violent second-strikers by increasing their ability to reduce their sentences with good-time credits from 20% to over 30%, in addition to credits for completing rehabilitation programs.)


TWO MEANINGFUL CRIMINAL JUSTICE REFORM BILLS MAY HAVE A CHANCE AT MAKING IT THROUGH CONGRESS

According to a NY Times editorial two good and important bipartisan criminal justice reform bills may actually have a chance of making it past Congress, where nearly all bills “go to die.”

The first bill, the Smarter Sentencing Act, would, among other things, cut certain non-violent drug sentences in half. The second bill, the Recidivism Reduction and Public Safety Act, would allow low-risk offenders to earn credits toward release by completing rehabilitation and reentry programming.

Here’s how the NYT editorial opens:

Two bipartisan bills now under consideration aim to unwind our decades-long mass incarceration binge and to keep it from happening again. This fact is remarkable not only because of Congress’s stubborn standstill, but because crime and punishment has long been one of the most combustible issues in American politics.

And yet the depth of the crisis in the federal system alone has been clear for years. Harsh mandatory minimum sentencing laws have overstuffed prisons with tens of thousands of low-level, nonviolent drug offenders serving excessively long sentences. Federal prisons now hold more than 215,000 inmates, almost half of whom are in for drug crimes. Many come out more likely to reoffend than they were when they went in, because of the lack of any meaningful rehabilitation programs inside prison and the formidable obstacles to employment, housing and drug treatment that they face upon release.

The proposed legislation would address both the front and back ends of this problem.

The Smarter Sentencing Act — introduced in the Senate last year by Richard Durbin, the Illinois Democrat, and Mike Lee, the Utah Republican — would halve mandatory minimum sentences for certain nonviolent drug crimes, which currently stand at five, 10 and 20 years. It would also give judges more discretion to sentence below the mandatory minimum in some cases, and it would provide a chance at early release for thousands of inmates sentenced under an older law that disproportionately punished crack cocaine offenders.

The Recidivism Reduction and Public Safety Act, introduced by Sheldon Whitehouse, Democrat of Rhode Island, and John Cornyn, the Texas Republican, would allow low-risk prisoners to earn credit for early release by participating in education, job training and drug treatment programs.


ALLEGED DOJ MISCONDUCT ONLY RECEIVES INTERNAL INVESTIGATION, BILL WOULD GIVE OFFICE OF THE INSPECTOR GENERAL JURISDICTION

Between 2002-2013 650 instances of Department of Justice misconduct (by federal prosecutors and other DOJ officials) were documented, according to a new report by the Project on Government Oversight, but very little information about the misconduct is ever released to the public.

Currently, the Dept. of Justice’s Office of Professional Responsibility (OPR) handles all investigations of alleged DOJ misconduct.The process is entirely self-contained: the OPR answers directly to the head of the DOJ—the Attorney General.

A bill introduced late last week by Senators Mike Lee (R-Utah) and Jon Tester (D-Mont.), would remove the conflict of interest and grant the Office of the Inspector General, an independent entity, complete jurisdiction over DOJ misconduct investigations.

Here’s a clip from Sen. Lee’s website:

The Inspector General Empowerment Act would eliminate a problem in the law that requires allegations of attorney misconduct at DOJ to be investigated by an agency that reports directly to the Attorney General rather than the autonomous Office of the Inspector General. The bill would remove this obvious conflict of interest and grant the OIG complete jurisdiction throughout the department. Senators Grassley and Murkowski are also original cosponsors.

“The rules that apply to inspectors general in other federal agencies should apply at the Department of Justice,” said Senator Lee, who sits on the Senate Judiciary Committee. “Current law invites undue influence from the Attorney General’s office into the process and should be changed to ensure the integrity of investigations of misconduct within the Justice Department.”

Here’s what Sen. Lee’s announcement says about the misconduct report:

A report just released by the Project on Government Oversight revealed that the Office of Professional Responsibility, the agency overseen by the Attorney General, documented more than 650 instances of misconduct, yet details on if and how these cases were handled are not available to the public.

For example, a 2013 report from USA Today revealed that complaints from two federal judges who said Justice Department lawyers had misled them about the extent of the NSA surveillance program were never investigated. Had the OIG been in charge, it could have investigated these complaints without conflict of interest and the results of their report would have been made available without requiring a Freedom of Information Act request.

And here’s why Sen. Lisa Murkowski (R-Alaska) says she’s supporting the bill:

“When Americans pledge to abide by ’Liberty and Justice for all,’ that does not mean that those pursuing justice can creatively apply different standards or break the rules to get convictions – it means everyone that in America everyone is held equally accountable,” said Senator Lisa Murkowski.


AND SPEAKING OF QUESTIONABLE FEDERAL CONDUCT

Earlier this month, on This American Life, Boston Magazine reporter Susan Zalkind told the baffling story of Ibragim Todashev, a man loosely connected to Tamerlan Tsarnaev, the Boston Marathon bomber. In May 2013, Todashev was was shot seven times in his living room after attacking agents at the end of a five-hour FBI questioning about a triple murder in 2011.

The FBI says that Todashev verbally confessed to the crime and implicated Tsarnaev as his accomplice, but there is no signed confession. The FBI has been silent about the incident, except to say that it is being investigated. But nine months after the fact, as questions and theories multipy, there is still no word from the FBI. Go take a listen.


DON’T FORGET: LIVE STREAM PROGRAM ABOUT CREATING RESILIENCE IN TRAUMA-PLAGUED COMMUNITIES

On Friday, we alerted you to a California Endowment event (“Health Happens with Everyday Courage”) that will explore ways to build up community and individual resilience to trauma and stress.

The program is today (March 17) at 1p.m., and can be watched via live-stream, but you need to SIGN UP – here.

Posted in CDCR, Edmund G. Brown, Jr. (Jerry), prison, Rehabilitation, Sentencing, Trauma | No Comments »

New LA Program for Child Victims of Sex-Trafficking, Reopening LAUSD Libraries, Holder Takes on Disenfranchisement, and Jerry Brown—Prisons and Playing Cards

February 13th, 2014 by Taylor Walker

LA DISTRICT ATTORNEY ANNOUNCES PROGRAM TO AID VICTIMS OF CHILD SEX-TRAFFICKING

On Wednesday, Los Angeles County District Attorney Jackie Lacey announced the launch of an innovative program to help kids victimized by sex-trafficking, called the First Step Diversion Program.

The DA’s office is partnering with local law enforcement and DCFS to identify girls under the age of 18 who have been arrested for prostitution. For a year after entering First Step, young participants will receive services such as counseling, substance abuse treatment, and education programming. At the end of the year, those who complete First Step will have the arrest cleared from their record.

Here are some clips from Jackie Lacey’s announcement:

Until now, minors between the ages of 12 to 17 who were arrested for sex-related crimes were deemed juvenile delinquents. Between 2000 and 2010, the Juvenile Division of the Los Angeles County District Attorney’s Office filed 2,188 petitions against minors caught soliciting or loitering for solicitation.

Those arrested were processed through juvenile courts with little or no resources devoted to addressing the underlying issues that forced them into prostitution.

“We believe that minors who engage in sex for pay are victims not criminals,” District Attorney Lacey said during a news conference. “We believe that we should help these children, not detain them.

[SNIP]

Lacey said the District Attorney’s Office is joining forces with the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, Los Angeles County Probation Department and the Los Angeles County Department of Children and Family Services to identify girls under 18 who have been arrested for sex related offenses.

First Step will be rolled out in two Juvenile Division Branch Offices – Sylmar and Compton. These juvenile offices were selected due to the volume of arrests and because those girls arrested actually reside in that community.

A supervising deputy district attorney will be assigned to oversee First Step within each juvenile office.

For a period of one year, minors who agree to enter the First Step program will receive referral services, such as crisis intervention, sexual assault and mental health counseling, substance abuse treatment, education and other appropriate social services.


SHUT DOWN LAUSD LIBRARIES MAY REOPEN THEIR DOORS

In December, we pointed to a story about the inordinate number of LAUSD school libraries that have been shuttered because there’s no staff to run them.

On Tuesday, the LA Unified school board approved the creation of a task force to address the issue. The task force will draft a library funding plan and present a budget to the board within 90 days.

KPCC’s Annie Gilbertson has a welcome update on her previous story. Here’s a clip:

There are only 98 librarians in a district 768 school libraries. Many elementary schools opt for library aides instead – a lower-pay, part-time position. But even with aides, 332 school libraries do not have staff. State law says only librarians or aides can run school libraries.

“We all know that one immediate solution is the staffing of all our libraries,” said board member Monica Ratliff, who authored the task force resolution. “Few are openly opposed to the concept of staffing all our libraries and many are currently interested in addressing the current system of inequity in which some students have access to library books and others don’t.”


ATTORNEY GENERAL HOLDER CALLS FOR AN END TO FELON DISENFRANCHISEMENT

Earlier this week, US Attorney General Eric Holder called on states to restore voting rights to the millions of felons who are still disenfranchised after serving their time.

The NY Times’ Matt Apuzzo has the story. Here are some clips:

In a speech at Georgetown University, Mr. Holder described today’s prohibitions — which in some cases bar those convicted from voting for life — as a vestige of the racist policies of the South after the Civil War, when states used the criminal justice system to keep blacks from fully participating in society.

“Those swept up in this system too often had their rights rescinded, their dignity diminished, and the full measure of their citizenship revoked for the rest of their lives,” Mr. Holder said. “They could not vote.”

Mr. Holder has no authority to enact the changes he called for, given that states establish the rules under which people can vote. And state Republican leaders made clear that Mr. Holder’s remarks, made to a receptive audience at a civil rights conference, would not move them.

“Eric Holder’s speech from Washington, D.C., has no effect on Florida’s Constitution, which prescribes that individuals who commit felonies forfeit their right to vote,” said Frank Collins, a spokesman for Gov. Rick Scott, a Republican.

[SNIP]

Like mandatory minimum sentences for crack cocaine offenses, laws banning felons from the voting booth disproportionately affect minorities. African-Americans represent more than a third of the estimated 5.8 million people who are prohibited from voting.

Nearly every state prohibits inmates from voting while in prison. Laws vary widely, however, on whether felons can vote once they have been released from prison. Some states allow voting while on parole, others while on probation.

Some states require waiting periods or have complicated processes for felons to reregister to vote. In Mississippi, passing a $100 bad check carries a lifetime ban from voting.

In four states — Florida, Iowa, Kentucky and Virginia — all felons are barred from the polls for life unless they receive clemency from the governor.

“This isn’t just about fairness for those who are released from prison,” Mr. Holder said. “It’s about who we are as a nation. It’s about confronting, with clear eyes and in frank terms, disparities and divisions that are unworthy of the greatest justice system the world has ever known.”

And here’s what an NYT editorial had to say about Holder’s move:

Despite some progress, the United States remains an extreme outlier in allowing lifetime voting bans. Most industrialized nations allow all nonincarcerated people to vote, and many even allow voting in prison.

Adding insult to injury, felon disenfranchisement laws — which are explicitly permitted by the 14th Amendment to the Constitution — are devoid of both logic and supporting evidence. They undermine the citizenship of people who have paid their debt to society, and possibly at a cost to public safety. As Mr. Holder pointed out, a study by a parole commission in Florida found that formerly incarcerated people banned from voting were three times as likely to re-offend as those who were allowed to vote.

[SNIP]

Regardless of which party might benefit most at the polls, repealing felon disenfranchisement laws is in the interest of upholding American ideals. And it has increasing bipartisan support; Senators Rand Paul of Kentucky and Mike Lee of Utah, Republicans who have promoted criminal-justice reform on a larger scale, are also pushing to scale back or end these laws. Even after someone has completed a sentence, Senator Paul said in September, “the punishment and stigma continues for the rest of their life, harming their families and hampering their ability to re-enter society.”


TWO LA TIMES ESSAYS WITH DIFFERENT VIEWS ON GOV. JERRY BROWN’S TWO YEAR PRISON OVERCROWDING REPRIEVE

George Skelton in his Capitol Journal column says California’s deadline extension is a “win-win” for all parties involved. It’s an obvious victory for Governor Jerry Brown, who fought an uphill battle to gain the extra time, but Skelton says everyone—including inmates, lawyers and taxpayers—will benefit from the judges’ ruling.

Here’s a clip:

The judges, lawyers and inmates will gradually obtain — although not as quickly as they’d liked — more breathing room in the lockups and, consequently, better medical and mental healthcare. Moreover, the felons will be provided improved rehab, education, job training and treatment for drug abuse.

And some prisoners will be given early release, although Brown certainly won’t be calling it that.

The taxpaying public will be saving money in the long run. They’ll be paying for incarcerating fewer prisoners. And those released will be more likely to go straight and not return as expensive wards of the state.

At least that’s the theory. And it’s worth trying, given that California’s old stack-’em-like-cordwood mentality resulted in a recidivism rate — repeat lawbreaking — of 70%, twice the national average.

A Times editorial does not share Skelton’s optimism, and suggests that the judges should not have been quite so lenient with the governor, but pushed him to lock more rehabilitation into his plan.

Here’s how it opens:

There’s always one kid in class who gets away with it. You know the one. The teacher says the homework is due Friday and if you don’t turn it in, you flunk. But this kid pleads for more time. Just give him the weekend and he promises to get it done. The teacher says OK, then Monday comes and he asks to be given until the end of the week. And then he promises to turn it in at the end of the year. Then he says he can get it done by next April. Promise.

Now, how about two years from now?

Gov. Jerry Brown is the kid who got away with it, persuading a three-judge federal court panel to give him until February 2016 — long after this year’s elections — to reduce the state’s prison population by 5,500 inmates and to put in place anti-recidivism programs to keep the numbers down permanently. Even the judges expressed surprise at their own leniency, acknowledging that they’ve heard similar promises from California governors many times since 2009, when they ordered the state to shrink the inmate population to comply with constitutional strictures against cruel and unusual punishment. The judges noted that in the intervening years, prisoners have continued to be mistreated, that Californians have paid a financial price for the state’s delay, and that “this court must also accept part of the blame for not acting more forcefully with regard to defendants’ obduracy in the face of its continuing constitutional violations.”


AND A VERY IMPORTANT UPDATE ON THOSE SUTTER BROWN PLAYING CARDS

California’s first lady, Anne Gust Brown, came up with the adorable corgi playing cards with a state deficit chart on the back that were handed out during the governor’s State of the State speech.

The cards were such a massive hit that there may be a reprint in the works.

The SF Gate’s Carla Marinucci has the story. Here’s a clip:

She said the brainstorm had occurred to her as her husband was writing his speech. “This was about the governor sending a message … actually, not to the whole public,” but specifically to the Democratic-controlled Legislature, Gust Brown said.

And “how do you keep getting a message out to a group that wants to declare victory?”

Certainly, state legislators “made a lot of hard decisions to get us to a surplus,” and had reason to want to celebrate, she said. “We’ve done a lot to get out of these horrible deficits,” she said.

But Brown wanted to “keep reinforcing the decisions” based on fiscal prudence, she said.

And the challenge: Talking about issues like a rainy day fund “is boring,” she said. “People roll their eyes. You can say it in a speech, or put it in a chart, and they forget it.

“So I liked having some way where Jerry could reconfirm the point … and Sutter being there, I knew, would make it more memorable.”

Along with the dog’s photos on the front of the card, she added a flip side: a chart showing the persistence of the state’s deficits.

Posted in DCFS, Edmund G. Brown, Jr. (Jerry), juvenile justice, LAUSD, prison | No Comments »

Two Extra Years to Ease California Prison Overcrowding, More Than a Child Welfare Czar, and DOJ Sez: Equal Rights for Same-Sex Couples

February 11th, 2014 by Taylor Walker

JUDGES GRANT GOV. BROWN TWO MORE YEARS TO REDUCE PRISON POPULATION

On Monday, the federal three-judge panel agreed to Gov. Jerry Brown’s request for a two year extension on the state’s deadline for reducing the California prison population to 137% capacity. The judges’ order calls on the state to begin Gov. Brown’s proposed parole expansion and early release credit program immediately. Among other stipulations, the order says that Brown cannot increase the number of inmates in out-of-state facilities, and says the state should try to bring the current number (8,900) down.

The state’s final deadline will be Feb. 28, 2016, but there will be two smaller targets to hit—the first is a 1000-inmate reduction by June 30, 2014.

The LA Times’ Paige St. John, who has been following the Gov. Brown prison-overcrowding saga from the start, has more on the judges’ decision. Here’s a clip:

Monday’s ruling comes with new conditions: The judges will appoint a compliance officer with the power to release inmates if the state misses interim deadlines for easing the overcrowding. And even as they granted more time to comply with the court order, they criticized the state’s efforts to delay the release of inmates, who remain packed into prisons at more than 144 percent of capacity.

[SNIP]

Had the judges refused to extend the deadline, Mr. Brown had planned to spend about $20 million this fiscal year and up to $50 million in the next to house prisoners in out-of-state facilities. California currently houses about 8,900 inmates in other states, and Monday’s order prohibits the state from adding to that number.

Now, instead, Mr. Brown has proposed spending $81 million in the next fiscal year for the rehabilitation programs intended to reduce the recidivism rate and help bring the prison population down over time. “The state now has the time and resources necessary to help inmates become productive members of society and make our communities safer,” Mr. Brown said.

[SNIP]

“This extension means two more years of suffering for inmates that should not have been granted,” said Michael Bien, a lawyer for some inmates.

Mr. Bien said that to keep the prison population from continuing to rise, California would have to reform its sentencing laws. The state has agreed to consider establishing a commission to recommend reforms of state penal and sentencing laws, according to Monday’s court order…


CREATING LASTING FOSTER CARE REFORMS

In December, the Los Angeles Blue Ribbon Commission on Child Protection handed the Board of Supervisors a set of preliminary recommendations for reforming DCFS. While the final recommendations will be issued in April, the commission urged the board to implement the early recommendations immediately, including choosing a lead agency (or child welfare czar) to oversee the suggested DCFS reforms.

During last week’s meeting, the Supervisors moved forward with just two of the recommendations, citing a lack of extra funds. The board requested a fiscal analysis for the other recommendations, and will wait until April to make their next move.

In his publication, The Chronicle of Social Change, Daniel Heimpel has some insightful suggestions for both the commission and the Board of Supervisors, moving forward:

As the Board of Supervisors and the commission moves forward, they should consider four key elements to success. These are:

Lessons from child welfare reform initiatives that hinge on cross-agency collaboration.

The value of putting front-line workers from various child-serving departments in the same building.

The power and necessity of incorporating youth in the process.

The role of the news media in ensuring that all the players involved are getting the job done.

And here’s a clip expanding upon the third and fourth ideas in Heimpel’s list (but do go read the rest):

Youth as Part of the Solution

This is not the first time Los Angeles has seen a Blue Ribbon Commission and unless we finally get it right, it won’t be the last. As far as I see it, there has to be a fundamental change in the strategy for protecting children.

Firstly, we have to ask ourselves: what is the point of doing any of this if it is not guided by the young people who experience the system? The commission should recommend that the Board of Supervisors pay for youth to be a part of the decision-making process under any eventual czar. It can’t only be a bunch of grayhairs calling the shots.

The Press

The very existence of the Blue Ribbon Commission is attributable to the press’ role in compelling the Board of Supervisors to act. And it wasn’t until the press took notice of the commission’s preliminary recommendations that the debate about spending money or designating a czar became real. The commissioners shouldn’t forget this when laying out their final recommendations.

They should recommend that press coverage of child welfare is expanded. The commission should advocate for the easing of confidentiality laws on the state level, the continuance of Judge Michael Nash’s blanket order giving greater access to the media in juvenile dependency courts after he steps down next year, and the creation of a fund to support journalism projects that cover the system and the Board of Supervisors independently.


US AG ERIC HOLDER ANNOUNCES NEW JUSTICE DEPT. POLICY: EQUAL PROTECTION FOR SAME-SEX MARRIED COUPLES

On Saturday, US Attorney General Eric Holder announced the Department of Justice will extend equal protection to same-sex married couples who encounter the criminal justice system. (Woohoo!) For instance, couples will now have the right to refuse to testify against their spouse, the federally incarcerated will receive the same visitation and furlough rights as heterosexual married couples, and death benefits for surviving spouses of peace officers will be extended to same-sex couples.

The Washington Post’s Sari Horwitz has the story. Here’s a clip:

Under the Justice Department policy, federal inmates in same-sex marriages will also be entitled to the same rights and privileges as inmates in heterosexual marriages, including visitation by a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse, and compassionate release or reduction in sentence based on the incapacitation of an inmate’s spouse.

In addition, an inmate in a same-sex marriage can be furloughed to be present during a crisis involving a spouse. In bankruptcy cases, same-sex married couples will be eligible to file for bankruptcy jointly. Domestic support obligations will include debts, such as alimony, owed to a former same-sex spouse. Certain debts to same-sex spouses or former spouses should be excepted from discharge.

“This means that, in every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States — they will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law,” Attorney General Eric H. Holder Jr. said in a speech Saturday night at the Human Rights Campaign’s Greater New York Gala at the Waldorf Astoria in New York, where he announced the new policy.

“This landmark announcement will change the lives of countless committed gay and lesbian couples for the better,” Human Rights Campaign President Chad Griffin said in a statement. “While the immediate effect of these policy decisions is that all married gay couples will be treated equally under the law, the long-term effects are more profound. Today, our nation moves closer toward its ideals of equality and fairness for all.”


Posted in DCFS, Edmund G. Brown, Jr. (Jerry), Foster Care, LA County Board of Supervisors, LGBT, prison | No Comments »

Potential Partnership Between LA County and Homeboy Industries…Supes Address Foster Care Commission Recommendations…ACLU Sues California for Disenfranchising Probationers…and More

February 5th, 2014 by Taylor Walker

LA SUPES TO EXPLORE PARTNERSHIP WTIH HOMEBOY INDUSTRIES

The LA County Board of Supervisors agreed to collaborate with the Chief Probation Officer on a potential partnership with Homeboy Industries. (Last week, we pointed to a story by LA Times’ Steve Lopez regarding Father Greg Boyle’s dire shortage of government funds for Homeboy services.)

The last grant given to Homeboy for tattoo removal and other reentry tools expired last summer, according to the motion submitted by Supervisor Don Knabe.

Here’s a clip from Knabe’s motion:

Homeboy Industries has a proven, academically verified model for breaking the cycle of gang violence that impacts families and communities in very direct and tragic ways. Every day, gang members from all over the County are walking in to Homeboy Industries, asking for help to change their lives. These are often the very same young men and women who have been in the County’s foster care system, have been in and out of our juvenile detention facilities and have been the ones that have “graduated” to County jail or state prison, only to continue the endless cycle of violence and trauma…

I, for one, have been convinced for a long time that if we are serious about helping the most challenged people in our communities and if we are serious about reducing violence and recidivism, then we need to look seriously at a strategic partnership with Homeboy Industries.

We hope that they do work out a partnership that allows Father Greg to maintain Homeboy’s vital services.

(The above photo, which was taken by Homeboy photographer Jerry Condit, shows Father Greg bidding farewell to a homeboy who is moving on to a new job.)


SUPES ONLY MOVE FORWARD WITH TWO FOSTER CARE RECOMMENDATIONS FROM THE BLUE RIBBON COMMISSION ON CHILD PROTECTION

The Board of Supervisors also discussed the Blue Ribbon Commission on Child Protection’s preliminary recommendations for reforming a dysfunctional DCFS. The supervisors only agreed on two of the recommendations, and requested a report on the financial feasibility of the other eight recommendations (to be presented to the board in 60 days).

The board did agree on both placing law enforcement officers within DCFS offices to facilitate background checks for potential caregivers, and developing protocols with local law enforcement agencies for reporting alleged child abuse.

The LA Daily News’ Christina Villacorte has more on the issue. Here’s a clip:

The board directed law enforcement agencies to post staff inside offices of the Department of Children and Family Services so background checks for potential foster parents can be completed more quickly during emergency placements.

It also directed them to report all cases of child abuse to other agencies that can help victims.

The board balked when Supervisor Mark Ridley-Thomas endorsed the commission’s recommendation that nurses accompany social workers investigating allegations of abuse or neglect against infants younger than 1.

By the way, the motion to examine the state of LA County’s juvenile indigent defense system (which we pointed to on Monday) was moved to next Tuesday’s meeting. We’ll keep you updated as we know more.


ACLU SUES CALIFORNIA FOR DENYING REALIGNMENT PROBATIONERS THE RIGHT TO VOTE

The California ACLU filed a lawsuit Tuesday accusing California Secretary of State Debra Bowen of illegally disenfranchising thousands of voters serving community probation under realignment (AB 109). In 2011, Bowen told election officials that former state prisoners moved to county supervision through realignment were ineligible to vote until their probation ended. Current state law does not address this new category of people, but bans those in prison or on parole from voting.

Here is a clip from the ACLU’s website:

According to the lawsuit, filed in Alameda County Superior Court, the state’s actions clearly violated state law when the secretary of state issued a directive to local elections officials in December 2011 asserting that people are ineligible to vote if they are on post-release community supervision or mandatory supervision. These are two new and innovative forms of community-based supervision created under California’s Criminal Justice Realignment Act for people recently incarcerated for low-level, non-violent, non-serious crimes.

The Secretary of State should be working to increase voter participation, not to undermine it,” said Michael Risher, staff attorney with the ACLU of Northern California. “California has dismal rates of voter registration and participation. The Secretary of State is making this even worse by disenfranchising tens of thousands of California citizens who are trying to re-engage with their communities. With voting rights under attack across the nation, and the U.S. Supreme Court’s disappointing decision striking down a critical law that protected the right to vote for people of color and language minorities, California needs more protection – not less – for voting rights.”

The lawsuit was filed on behalf of three people who have or will soon lose their right to vote, along with the League of Women Voters of California and All of Us Or None, a nonprofit organization that advocates for the rights of formerly and currently incarcerated people and their families.

The law clearly establishes a presumption in favor of the right to vote, with only limited and specific exceptions,” said Meredith Desautels, staff attorney with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. “The Secretary of State unilaterally expanded these exceptions, without any public comment or input, disenfranchising thousands of members of our community and creating confusion around the voting rights of formerly incarcerated people. This unconstitutional disenfranchisement particularly impacts communities of color, who are too often excluded from the democratic process.”


CALIFORNIA PRISONS’ DISMAL REHABILITATION SITUATION

After receiving proposals from both Gov. Jerry Brown and prisoner advocates, a panel of federal judges is expected to order a solution to California’s prison overcrowding crisis. Gov Brown has until April to lower the prison population by around 6,000 inmates. He has requested a additional deadline extension of two years to meet the population goal through rehabilitation measures (and moving inmates into private prisons), but, as it stands, California has serious issues providing inmates with adequate substance abuse treatment.

In collaboration with the Center for Investigative Reporting, Michael Montgomery has the story for KQED’s California Report podcast. Here’s a clip from the transcript, but do go take a listen:

Inside a gleaming white modular building topped with barbed wire, two dozen state inmates are going through a response drill in a class dealing with addiction. Four prisoners lead the session. They’re lifers who earned state certification for substance abuse counseling. This was the scene two years ago at Solano State Prison in Vacaville. The class was part of an innovative program praised for its effectiveness by top corrections officials, treatment experts, and even some Hollywood celebrities…

Hundreds of prisoners got treatment at Solano, and some have been paroled, so it’s not surprising that many people were stunned when officials quietly closed the program last summer…

Solano Prison wasn’t alone. Over the past four years, as state officials talked about the need to expand rehabilitation efforts, enrollment in substance abuse programs plummeted nearly 90%. As of last July, when the Solano program was shut down, just over 1000 inmates were getting treatment—the lowest level in a decade or more.

[SNIP]

Shutting down the program at Solano wasn’t just a budget decision. [CDCR Director of Rehabilitation Programs, Millicent] Tidwell says the closure was part of a plan to move many programs to so-called “re-entry hubs,” places within the prison system designed to prepare inmates for release. Tidwell says finding vendors, hiring staff, and developing space for the new centers is slow and disruptive: “There’s a lot of moving parts…to bring up any effective program takes time and effort. It doesn’t happen overnight.” Problem is, only four of a planned 13 hubs have opened, due to contract disputes and other delays…

Posted in ACLU, CDCR, DCFS, Edmund G. Brown, Jr. (Jerry), Foster Care, Homeboy Industries, LA County Board of Supervisors, Realignment, Reentry, Rehabilitation | No Comments »

New DOJ Report on Inmate Sexual Abuse, Gov. Brown Files Prison Overcrowding Proposal, and LASD Sheriff Contender Stories

January 24th, 2014 by Taylor Walker

US JUSTICE DEPARTMENT REPORT SHOWS INCREASE IN ALLEGED SEXUAL ABUSE IN CORRECTIONAL FACILITIES

A new Department of Justice report says that correctional officers may have been responsible for half of alleged sexual abuse cases in prisons and jails in 2011. A total of 8,763 allegations were reported in 2011, (about 2,500 more than were documented in 2005) and only 10% of the allegations were substantiated upon investigation. More than half of those substantiated instances of sexual abuse were committed by female officers.

ProPublica’s Joaquin Sapien has more on the report. Here’s a clip:

The report, released today by the Bureau of Justice Statistics, takes data collected by correctional administrators representing all of the nation’s federal and state prisons as well as many county jails. It shows that administrators logged more than 8,000 reports of abuse to their overseers each year between 2009 and 2011, up 11 percent from the department’s previous report, which covered 2007 and 2008.

It’s not clear whether the increase is the result of better reporting or represents an actual rise in the number of incidents.

Allen Beck, the Justice Department statistician who authored the reports, told ProPublica that abuse allegations might be increasing because of growing awareness of the 2003 Prison Rape Elimination Act.

“It’s a matter of speculation, but certainly there’s been a considerable effort to inform staff about the dangers of sexual misconduct, so we could be seeing the impact of that,” said Beck.

The survey also shows a growing proportion of the allegations have been dismissed by prison officials as “unfounded” or “unsubstantiated.” Only about 10 percent are substantiated by an investigation.

But even in the rare cases where there is enough evidence to prove that sexual abuse occurred, and that a correctional officer is responsible for it, the perpetrator rarely faces prosecution. While most prison staff shown to be involved in sexual misconduct lost their jobs, fewer than half were referred for prosecution, and only 1 percent ultimately got convicted.

About a third of staff involved in alleged abuse were permitted to resign before an investigation was completed, allowing them to keep a clean record, and potentially find similar work elsewhere.


CALIFORNIA ASKS FOR TWO MORE YEARS TO REDUCE PRISON POPULATION…JUDGES TO MAKE FINAL DECISION SOON

On Thursday, Governor Jerry Brown and prisoners’ lawyers filed their separate proposals for getting the California prison population down to the federal-judge ordered 137% capacity. (Read the backstory here.) Gov. Brown requested a deadline extension of nearly two years—from the current and already-extended April 2014 deadline to a new February 2016 deadline. Brown detailed how the state planned to reduce the prison population via parole for the elderly and ill, increased good-time credits, and an alternative custody program for female inmates, among other efforts.

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

Brown wants the deadline extended to Feb. 28, 2016. He proposed that the state meet interim population reduction deadlines in June 2014 and February 2015.

Two years is “the minimum length of time needed to allow new reform measures to responsibly draw down the prison population while avoiding the early release of inmates,” the administration said in its seven-page court filing.

The judges had ordered the administration and attorneys representing inmates to propose separate plans by Thursday after they failed to reach agreement on how best to reduce crowding.

Inmates’ attorneys said in their four-page filing that the state should be ordered to meet the population cap by May of this year. The filing recommended that the state comply by sending more inmates to private prisons in other states, something the state said would not be necessary under its proposal. The state currently houses about 8,900 inmates housed in out-of-state facilities.

The inmates’ lawyers also asked the court to appoint a compliance officer to order inmates released, if necessary.

Rebekah Evenson, an attorney with the Berkeley-based nonprofit Prison Law Office that is suing the state, said another two years is too long to wait when the state already has had four years to comply with previous court orders.

“People are hurt and people are dying because of the inadequate heath care. We just can’t wait another two years to get that resolved,” she said.

The state and the prisoner’s lawyers have until next week to give feedback on the others’ proposals, after which, the judges will review and make their final decision in February.


AND IN GOVERNOR BROWN NON-PRISON-RELATED NEWS

For those of you who watched the State of the State address and wanted a closeup of the Sutter Brown playing cards that the governor held up to the crowd as an unusual show-and-tell during the speech, the LA Times has helpfully published a photo and the story behind the cards. (Sadly, procuring a full First Dog deck is not possible.)


MORE SHERIFF CANDIDATE UPDATES

KPPC’s Frank Stoltze has a new profile of LA County Sheriff hopeful (and current Long Beach Police Chief) Jim McDonnell that’s worth reading. Here are some clips:

McDonnell, 54, has established himself as a well-known leader in the Southern California policing community. He spent 30 years at the LAPD, rising to assistant chief, before taking the top job in Long Beach four years ago. He has served as president of the L.A. County Police Chiefs Association.

Now, he wants to succeed L.A. County Sheriff Lee Baca. McDonnell says he would bring a fresh perspective to a Sheriff’s Department with problems ranging from a federal investigation into excessive use of force at the jails to hiring unqualified deputies.

“I bring the outside set of eyes coming into an organization without predispositions,” McDonnell says. “Without alliances within the organization.”

All of the other candidates seeking to become the county’s top cop are either current or former sheriff’s officials, except for an LAPD sergeant. If elected, McDonnell would be the first sheriff to come from outside the department in at least 100 years.

Key law enforcement leaders back him for just that reason.

“Sometimes, as was the case with the LAPD, it’s necessary to look outside an organization for leadership,” says former federal judge Robert Bonner, who once led the U.S. Drug Enforcement Administration.

L.A. County District Attorney Jackie Lacey, L.A. City Attorney Mike Feuer, and LAPD Chief Charlie Beck also have endorsed McDonnell. He’s also won the unanimous support of his former colleagues on the blue-ribbon Jail Violence Commission.

[SNIP]

LAPD Chief Beck spent decades working with McDonnell at the department. Asked about McDonnell’s management style, Beck says don’t expect a tough guy who’ll force changes at a broken Sheriff’s Department. Instead, he says McDonnell would “charm the troops.”

“Of all the people that I know that can come in from the outside, he is one that can get the willing cooperation of the deputies,” Beck says.

That’s no easy task. Just figuring out the politics of the sprawling and often byzantine Sheriff’s Department, with its rival internal factions, could be daunting.

And former Undersheriff Paul Tanaka’s KFI John and Ken Show interview we linked to on Tuesday is getting the attention of other media, as well. LA Weekly’s Gene Maddaus has a recap of the radio show.

Posted in CDCR, Edmund G. Brown, Jr. (Jerry), LASD, law enforcement, Paul Tanaka, prison | 48 Comments »

Firearm Access Heightens Risk of Homicide/Suicide…Worthwhile Editorials…Private Prison Group Donates Max to Brown’s Campaign…and Sheriff Candidate Updates

January 22nd, 2014 by Taylor Walker

ACCESS TO GUNS DOUBLES AND TRIPLES RISK OF BEING MURDERED AND COMMITTING SUICIDE, RESPECTIVELY, SAYS SURVEY

People who have access to firearms are two times more likely to be killed, and three times more likely to commit suicide, according to a new analysis of a number of gun violence studies. Author Andrew Anglemyer and colleagues at UC San Francisco conducted a large-scale review of data from California (and other states), the United States, and other countries.

Reuter’s Andrew Seaman has more on the study. Here’s a clip:

For the new review, the researchers analyzed 14 studies that looked at the risk of committing suicide among people who did and didn’t have access to guns and five studies that looked at gun access and the risk of being murdered. Four of the studies examined both suicide and murder risk.

The studies were published between 1988 and 2005. All but one found people with access to firearms had heightened risks of dying from suicide and murder.

“Most analyses will find some conflicting studies,” Anglemyer told Reuters Health. “That’s not at all what we see here.”

The researchers found having access to a gun was tied to a three-fold increase in the likelihood that people would kill themselves.

Suicide is the 10th leading cause of death in the U.S., according to the Centers for Disease Control and Prevention (CDC). About 12 out of every 100,000 people commit suicide each year.

Anglemyer’s team also found about a two-fold increased risk of death from murder among people who had access to a gun, compared to those without access to firearms. For women, the increased risk of being killed was even higher.

Here’s a clip from the abstract:

Firearms cause an estimated 31 000 deaths annually in the United States. Data from the 16-state National Violent Death Reporting System indicate that 51.8% of deaths from suicide in 2009 (n = 9949) were firearm-related; among homicide victims (n = 4057), 66.5% were firearm-related. Most suicides (76.4%) occurred in the victims’ homes. Homicides also frequently occurred in the home, with 45.5% of male victims and 74.0% of female victims killed at home.

Firearm ownership is more prevalent in the United States than in any other country; approximately 35% to 39% of households have firearms, and 22% of persons report owning firearms. The annual rate of suicide by firearms (6.3 suicides per 100 000 residents) is higher in the United States than in any other country with reported data, and the annual rate of firearm-related homicide in the United States (7.1 homicides per 100 000 residents) is the highest among high-income countries (4). Results from ecological studies suggest that state restrictions on firearm ownership are associated with decreases in firearm-related suicides and homicides (5).

…The apparent increased risk for suicide associated with firearms in the home is not unique to persons with a history of mental illness (7) and may be more of an indicator of the ease of impulsive suicide.

Impulsiveness may be a catalyst in using a firearm to commit suicide and may also play a role in firearm-related homicide. Researchers have estimated higher odds of homicide victimization among women than men (9–10). Because most homicide victims know their perpetrators (9), this finding may indicate an impulsive reaction to domestic disputes.


TWO INTERESTING EDITORIALS FROM THE LA AND NY TIMES

A new LA Times editorial takes a look at “pay-for-success” financing for social programs—in which a non-profit and/or private enterprise put up money and run such programs as, say, helping prisoners successfully reenter their communities. If they are effective, they are then repaid with government money. Various states are experimenting with the idea, including California, but there may be pitfalls. Here’s a clip:

The cornerstone of criminal justice reform is the belief that offenders leaving prison could be prevented from committing new crimes and getting locked up all over again, if only government could find the right social service organization to provide the right programming. Crime would drop, some prisons could close and taxpayers would save money.

First, though, officials have to identify rehabilitation programs that work, and that means evaluating claims and evidence offered by competing providers, and perhaps making so many wrong choices before landing on the right one that the effort hardly seems worth it. Even elected officials and high-ranking bureaucrats who believe in criminal justice reform are skittish about trying something new, so they often give in to their colleagues who prefer costly and unsuccessful but comfortably familiar policies on sentencing, imprisonment and parole.

But what if someone else agrees to take all the risk? What if some outsider — a nonprofit service provider, let’s say, or a charitable foundation, or maybe even a commercial bank — raises the funds, runs the program, produces the results, then gets reimbursed with public money only after presenting verified proof of success?

Later this year, analysts will publish results of an experiment along those lines begun in 2010 at Peterborough Prison outside London. The social impact bond project, as this kind of financing and problem-solving innovation is often called, uses money put up by investors and managed by a nonprofit group, which contracts with another organization to provide recently released inmates with mentoring and other services intended to break the cycle of re-offending.

If an independent evaluator confirms that the program “worked,” as defined by agreed-upon criteria for decreasing new convictions — and preliminary analyses are encouraging — the British government will repay the investors’ capital plus an agreed-upon premium. If the success targets aren’t met, the investors eat the costs and the taxpayers owe nothing.

Yesterday, we pointed to a story about the US immigration lock-up quota (34,000 detainees). A strongly-worded NY Times editorial says the billions spent on detention and border patrol is wasteful and ineffective, and downright damaging to immigrant families. Here’s a clip:

It is mindless to keep throwing billions at border enforcement and detention at a time when illegal immigration is at historic lows, when other, more pressing government functions are being starved and when none of the money spent actually goes toward solving the problem.

Take the irrational obligation to fill all those detention beds, at a cost of about $122 a day. Why make the people who run a vast and expensive law-enforcement apparatus responsible for keeping prison beds warm rather than communities safe — especially when there are low-cost alternatives to detention that don’t involve fattening the bottom lines of for-profit prison corporations?

Congress’s arbitrary detention mandates and the Obama administration’s aggressive use of its enforcement powers have pushed deportations to record levels of 400,000 a year. This has had no discernible effect on the overall problem, but it has caused abundant anguish in immigrant families and their communities.

What’s most disheartening about the spending splurge is that it attacks only the symptoms of the ailing immigration system…


FOR-PROFIT PRISON COMPANY GIVES MAXIMUM DONATION TO GOV. BROWN’S REELECTION CAMPAIGN

The private prison company GEO Group has already maxed out their legal limit for donations to Governor Jerry Brown’s campaign for reelection, donating a total of $54,400. While Gov. Brown’s recently released budget proposal banks on federal judges pushing back their prison overcrowding deadline by two years, $500M was still set aside to send more than 17,000 inmates to private prisons like GEO Group (practitioner of alarming profit-making “lock-up quotas”). (Read the backstory here.)

The LA Times’ Paige St. John has the latest on the Gov. Brown prison saga. Here’s a clip:

Labor unions, Hollywood’s glitterati, California philanthropists and a private company profiting from Gov. Jerry Brown’s fight over prison crowding are among 72 top donors who have maxed out on contributions to Brown’s reelection campaign even before he officially runs.

Brown’s campaign fund reports receiving two $27,200 checks in early January from the GEO Group, based in Boca Raton, Fla. The company in September signed contracts with the state worth $150 million to house 1,400 inmates in two low-security facilities within California, in Adelanto and in McFarland. That’s more than double the $25,900 that GEO gave to Brown late in the 2010 race, an amount it also gave to Brown’s competitor, Meg Whitman.


BOB OLMSTED TO RELEASE PLAN TO REFORM SHERIFF’S DEPT.

LA County Sheriff hopeful Bob Olmsted will be holding a press conference today (Wednesday) at 11AM outside of Men’s Central Jail to reveal his plan for reforming the department, should he be elected. (We’ll have more on the details tomorrow.)

(And, by the way, former Undersheriff/Sheriff candidate Paul Tanaka was interviewed on KFI’s John and Ken Show on Tuesday evening. It’s…very lively, and not something you’d want to miss. Trust us.)


SUPES SCHEDULE ANOTHER CLOSED-DOOR MEETING TO DISCUSS INTERIM SHERIFF CANDIDATES

On Thursday, Jan. 23, the LA County Board of Supervisors has scheduled a special private session to consider interim Sheriff contenders to replace Lee Baca when he retires at the end of January. (Backstory here, if you missed it.) A decision is expected very soon. We’ll keep you posted.

Posted in Edmund G. Brown, Jr. (Jerry), guns, immigration, LA County Board of Supervisors, LASD, Paul Tanaka, Sheriff Lee Baca | 24 Comments »

LA Child Sex Trafficker Pleads Guilty…Gov Brown to Increase Spending on Private Prisons…State School Board to Decide on New School District $$$ Rules…and More

January 16th, 2014 by Taylor Walker

US ATTORNEY BIROTTE ANNOUNCES GUILTY PLEA OF LOS ANGELES CHILD SEX TRAFFICKER

On Tuesday, US Attorney André Birotte’s office announced that Paul Edward Bell, an alleged member of the Rolling 60s Crips, pleaded guilty to the sex trafficking of young girls in LA. Specifically, Bell housed four girls between the ages of 15 and 17, who were recruited in the Inland Empire, and forced them to work as prostitutes in Lynwood and Compton in 2011. Bell faces 30 years in federal prison, and is the last of eight defendants convicted after an investigation by the Inland Child Exploitation/Prostitution Task Force. (The task force is made up of officers from the FBI and law enforcement agencies across Southern California.)

Here’s how the investigation began, according to the FBI’s announcement regarding Bell’s conviction (Alberti and the Rogers brothers are three of the other aforementioned defendants):

The investigation in this case began in January of 2011, when the Riverside County Sheriff’s Department learned that teenage girls attending schools in the Inland Empire were being recruited to work as prostitutes. The investigation later revealed that Alberti attended one of the schools and recruited underage females by “grooming them”—or gaining their trust and telling them that they could make large sums of money by working as prostitutes for Alberti’s pimp. The girls who were successfully recruited to work as prostitutes were brought to the Los Angeles area, where they were housed by Bell and the Rogers brothers at hotels on and near Long Beach Boulevard or at Bell’s apartment.

Bell also admitted to physically abusing one of the girls. Here’s a clip from the plea agreement detailing the incident:

In April 2011, Victim 4, then 17, worked as a prostitute for defendant while Samuel Rogers [one of the other eight defendants] was incarcerated. During that time, defendant harbored Victim 4 at the Euclid Residence with other prostitutes defendant employed. Also, during that time, defendant knew that Victim 4 was 17 years old. While working as a prostitute under defendant’s supervision and direction, on our about April 6, 2011, defendant physically abused Victim 4 for not performing as a prostitute and for acting up. Therefore defendant used force to cause Victim 4 to engage in commercial sex acts.

Here’s what US Attorney Birotte had to say about Bell’s case, according to the FBI’s announcement:

“Sex trafficking is an abominable crime that condemns its victims to physical and psychological trauma, hardship and abuse,” said United States Attorney André Birotte Jr. “Mr. Bell and his cohorts coldly and brutally victimized young women and juveniles, subjecting them to treatment that can only be described as inhumane. Bell exploited his victims for profit and now he will be held accountable and punished for his predatory conduct.”

We’ve reported on this issue before. Los Angeles County Supervisors Mark Ridley-Thomas and Don Knabe are working to put a focus on child sex trafficking, with an emphasis on decriminalizing and aiding the child prostitutes. (These arrests were actually made in Mark Ridley-Thomas’ district.)

Here are a couple of clips from Supe MRT’s website regarding this issue:

“Every day, children as young as 12 are bought and sold by adult men,” said Los Angeles County Board of Supervisors Chairman Mark Ridley-Thomas…“We will shine a light on this despicable behavior. You, who come here days, nights, weekends to buy these girls, we see you. And we will bring changes throughout Los Angeles County and the state of California.”

[SNIP]

Human sex trafficking is a $32 billion dollar business increasingly run by gangs. The Federal Bureau of Investigation estimates that 100,000 children in the United States are sold for sex each year. In Los Angeles, it is estimated that as many as 3,000 children are trafficked.


GOV BROWN TO PUMP MORE MONEY INTO PRIVATE PRISONS REGARDLESS OF JUDGES’ PENDING DECISION

Governor Jerry Brown’s recently proposed budget, which banks on federal judges pushing back California’s prison overcrowding deadline by two years, would still increase spending on private prisons and jail leasing. We at WLA are not thrilled with this news. (Read the backstory here.)

The LA Times’ Paige St. John has the latest on the prison saga. Here’s a clip:

Detailed expenditure records released after Brown announced the highlights of his proposed budget for 2014-15 show that the governor expects to increase the use of outside prison contracts. His plan sets aside nearly $500 million to pay for and administer prison contracts to take nearly 17,700 inmates, increases of $100 million and 4,700 prisoners over the current year.

A little more than half of those prisons are out of state. The rest are community correctional centers, which could be run by local governments or private prison operators.

The governor’s planning documents show that even with that increase in spending, California prisons would remain 3,000 inmates over what federal judges say they can safely hold and still provide adequate healthcare and psychiatric services. The documents do not show how Brown plans to address further growth of the state’s prison population.


STATE BOARD OF EDUCATION TO VOTE ON SPENDING RULES REGARDING HIGH-NEEDS YOUTH

Today, the California Board of Education is expected to vote on important new rules to ensure school district accountability on spending extra budget money on at-risk students.

Ana Tintocalis has the story for KQED’s California Report. Here’s a small clip from the transcript:

The first draft of these spending rules was trashed by education advocates three months ago. They said districts would have the freedom to spend extra money however they pleased. Now the state board is back with new rules that require each school district to show how they’ll use the money to increase services for low-income students, foster youth, and english-learners…but student advocates are not entirely satisfied…

Go listen to the rest.


PATT MORRISON DISCUSSES THE STRANGER THEORIES REGARDING THE LOWERED CRIME RATE

Last week, LA Mayor Eric Garcetti and LAPD Chief Charlie Beck announced that citywide violent crime rates were down by 12% and property crimes were down 4%, in 2013, keeping up an 11-year crime reduction streak.

In an LA Times editorial, Patt Morrison offers some of the loonier circulating theories on what factors may have contributed to the decline in crime. Morrison says the crime rate drop is cheering, but that it cannot go on forever, and advises the mayor and police chief to be prepared for a time when the numbers move in a different direction.

The mayor and the police chief, Eric Garcetti and Charlie Beck, respectively, were justifiably over the moon this week about the winning streak, 11 years of plummeting crime rates, the lowest overall since 1949.

Both of them credited community policing, community groups and the use of computerized crime data for the laudable numbers.

Some other theories have been floated, some more far-fetched than others, but there’s a master’s thesis lurking in each and every one of them:

Full prisons. The more people you put behind bars, the fewer criminally inclined are out and about to commit more crimes. Although that seems right intuitively, the numbers don’t necessarily bear that out.

Recession. Also counterintuitive because you’d expect that poverty would drive people to desperate, violent measures. Researchers are puzzling over why this didn’t happen. Maybe the potential evildoers just couldn’t afford to buy guns and bludgeons.

[SNIP]

Whatever’s making crime diminish, I am, as an Angeleno, delighted that it’s happening. But logic argues that this decline can’t go on indefinitely; there has never been a zero-crime society in human history, insofar as I know.

The difficult part for both Garcetti and Beck will be in tempering their deserved pleasure at the good numbers and getting some talking points and research ready for the inevitable day when the numbers are not so good.

Posted in Child sexual abuse, Edmund G. Brown, Jr. (Jerry), FBI, Foster Care, LAPD, LAUSD, prison, Youth at Risk | 2 Comments »

Federal Judges to Issue Ruling on CA Prison Pop, from Lockup to Running for CA State Assembly, Split-Sentencing in Contra Costa, and Kelly Thomas

January 14th, 2014 by Taylor Walker

FEDERAL JUDGES PREPARED TO RULE ON HOW CALIFORNIA WILL ALLEVIATE PRISON OVERCROWDING

A federal three-judge panel gave Gov. Jerry Brown and prison advocates until last Friday to come to an agreement on how to comply with the judges’ prison population reduction order. The deadline passed by with no agreement. On Monday, the judges issued an order giving Gov. Jerry Brown and prisoner advocates until Thursday, Jan. 23 to file their respective proposals for compliance, after which the judges will order their own solution. (If this is unfamiliar to you, read more of the backstory here.)

The LA Times’ Paige St. John has the story. Here are some clips:

The judges Monday gave Brown and lawyers for inmates until Jan. 23 to file proposed terms “to achieve durable compliance” with crowding limits that were to go into effect April 18. They said they will push that ultimate deadline back by however long it takes the jurists to decide their own solution.

That means, for now, California will still be blocked from expanding its contracts with private prison operators for cells out of state. And it means a short delay before Brown and state lawmakers learn if California will need to spend a planned $315 million to expand private prison leases, or just $228 million to keep those lease contracts at their current level. If the crowding deadline is pushed back to 2016, as Brown seeks, the governor pledges to give $81 million of the savings to counties for prisoner rehabilitation programs.

[SNIP]

In the absence of a deal, Brown revealed last week that he is immediately expanding state parole programs for the frail and elderly, and increasing early release eligibility for some repeat offenders. Those steps would make some 2,200 prisoners eligible for release, but state officials previously told the court they expect only about 440 inmates would actually be freed within the first six months of those programs.

(KQED also reported on this issue and included a copy of the court order.)


Prophet Walker, who, at 16, was sentenced to six years in prison for breaking another boy’s jaw during a fist fight, is now running for California State Assembly, with the help of some serious mentors and supporters (namely “Hangover” producer Scott Budnick and Carol Biondi, commissioner of the LA County Commission for Children and Families) and his own perseverance. Prophet made incredible use of his time in prison (helping to transform the system along the way), and went on to receive an engineering degree from Loyola Marymount upon his release. (WitnessLA met Prophet, and found him quite impressive.)

Pulitzer Prize-winning journalist Gary Cohn has Walker’s cheering story for the Juvenile Justice Information Exchange. Here are some clips:

His mother was a heroin addict, and his neighborhood was filled with racial strife between blacks and Hispanics. Walker, the son of a white mother and black father, got into fights often, believing that physical violence was the key to his survival. One day while ditching school, Walker and his friends got into a fight with a group of Hispanic teenagers. Walker fractured another boy’s jaw, and was arrested. Then 16, he was tried as an adult and convicted of assault causing great bodily harm. He was sentenced to six years in prison.

But this is a story of hope and redemption, not despair, one that links the disparate worlds of Los Angeles’ ghetto neighborhoods with the glamour of Hollywood. It is the story of how Walker, with the help of movie producer Scott Budnick (“The Hangover”) and his own fierce determination, overcame his difficult circumstances and transformed his life into a success story.

“Prophet is truly an extraordinary person,” says Carol Oughton Biondi, a commissioner of the Los Angeles County Commission for Children and Families and a director of the Washington, D.C.-based Children’s Defense Fund. “He will excel at anything he wants to do. He is the real, real deal.”

Walker’s transformation began while still in prison. With Budnick as his mentor, he participated in a program called InsideOUT Writers, which uses creative writing to help currently and formerly jailed young adults transform their lives. He earned his high school degree while behind bars, but that was only the beginning.

He helped devise a Youthful Offender Pilot Program to allow juvenile offenders to pursue an education in safer settings, such as medium-security prison, rather than being thrown in high-security prisons that offered few opportunities. Budnick helped persuade state prison officials to adopt the pilot program, which has since been expanded.

After being released from prison, Walker graduated from Loyola Marymount University with a degree in engineering, helped design an innovative robotic garage in Santa Monica and became a project manager for Morley Builders, a prominent southern California construction company. And today Walker, now 26 years old and the father of an 8-year-old daughter, is running for the California state Assembly from the 64th district, which represents Carson, Compton, Watts, Wilmington and North Long Beach.

[SNIP]

Carol Biondi says that Walker’s background – and the fact that he has overcome his past – could actually be more of an asset than a liability in his race for the Assembly seat in the 64th District.

“I honestly think it’s mostly an asset because the mass incarceration of men in his district is out of control,” says Biondi. “The fact that he went [to prison], and really shouldn’t have for a fight, is outrageous. He was never gang involved. It was his first offense. He was an honor student. He holds absolutely no bitterness or anger about it and takes responsibility for his action. And he showed courage throughout his time there. But most important, he triumphed over the experience. Every mother either has a son who is or was on probation, is or has been locked up or lives in fear he will be. They all have husbands, brothers or cousins that are in the system. He is the hope for all of them.”


CONTRA COSTA COUNTY’S SUCCESSFUL USE OF SPLIT-SENTENCING FOR AB 109′ERS

Contra Costa County uses split-sentencing (where sentences are divided into part jail time, part probation) for most of its realignment cases. Preliminary data shows that while Contra Costa is seeing fewer than 25% of its probationers returning to jail, almost two-thirds of state parolees reoffend.

LA and other counties that have under-utilized split sentencing, thus far, but Gov. Brown’s proposed budget would set aside money for split-sentencing. That budget banks on the federal panel of judges giving the state a two-year deadline reprieve on reducing the prison population.

Sara Hossaini has the story for KQED’s California Report. Here’s a clip from the transcript, but do go take a listen:

…The county leads the state in so-called “split-sentencing.” Other counties, like LA and Fresno, have been slower to try this approach, even though it’s the lynchpin of California’s 2011 prison realignment law, AB 109. John Kennedy is a district judge for Contra Costa County. He says the county decided pretty early on that split-sentencing would be their focus: “We have to design a sentence that is going to be most effective in deterring recidivism. We think that it’s been helpful to have everybody working together, because, as you know, the vast majority of criminal cases are resolved by plea agreement.”


JURY FINDS FULLERTON OFFICERS NOT GUILTY IN KELLY THOMAS CASE — FBI MAY INVESTIGATE FURTHER

On Monday, an Orange County jury acquitted two former Fullerton police officers in the beating to death of Kelly Thomas, a schizophrenic homeless man. The FBI says they will examine the trial evidence to decide whether further investigation is needed.

The LA Times’ Paloma Esquivel and Robert J. Lopez have the latest on this story.

Posted in Edmund G. Brown, Jr. (Jerry), FBI, juvenile justice, LASD, Probation, Realignment, Sentencing | No Comments »

Governor’s Budget Proposal Banks on a Postponed Overcrowding Deadline…New Federal Guidelines on School Discipline…Must Read LASD Editorials

January 9th, 2014 by Taylor Walker

GOV. BROWN’S NEW BUDGET PROPOSAL AIMS TO REDUCE PRISON OVERCROWDING

Counting on a two-year reprieve on a looming deadline from federal judges to reduce the prison population by about 9,000 inmates, Gov. Jerry Brown’s new budget proposal designates more than $23M for substance abuse treatment and mentally ill parolees, $40M for re-entry programs, $62M for prison guard training, and another $500M for new prison facilities. Brown also calls for, among other reforms, split sentencing and expanded parole eligibility for the elderly, mentally ill, and those with serious medical issues. (Go here and here for previous WLA posts on this issue.)

The Sacramento Bee has the story on their Capitol Alert blog. Here are some clips:

The imperative to depopulate prisons led Brown to ask the Legislature last year for $315 million to spend on housing inmates.

But California will spend only $228 million of that in the current fiscal year, the new budget blueprint predicts. The reason for not needing to spend it all?

“The Administration has assumed the court will grant a two-year extension to meet the cap,” the budget document states.

If true, that would buy Brown a substantial amount of breathing room as he seeks to mollify federal judges. If not, the budget proposal states, California will need to spend the full $315 million.

[SNIP]

Brown’s proposal would spend $11.8 million on substance abuse treatment and $11.3 million on mentally ill parolees while directing $40 million from the state’s Recidivism Reduction Fund to re-entry programs.

That’s not to say Brown is done pouring money into incarceration capacity. Despite spending $1.7 billion in jail construction, the administration argues there remains a significant need to house offenders. To that end, Brown proposes another $500 million for more facilities with a 10 percent county match requirement.

The LA Times’ Paige St. John, who has been following the Gov. Brown prison-overcrowding saga from the start, also reported on the new proposal. Here’s a clip:

Under the new program, prisoners over 60 years old who have served at least 25 years would be eligible to be considered for parole. So, too, would inmates who suffer severe medical conditions or who are mentally impaired.

Brown’s budget says inmates serving doubled sentences under the state’s Three Strikes law, but whose second offense was not violent, will now be able to shave off a third of their time. Previously, they were limited by law to a 20% reduction.

Brown uses his spending plan to also announce support for split sentences, requiring judges to reduce local jail terms for felons but adding time for community probation. Judges would be able to sentence a felon to jail alone only if they identified a reason. Brown’s budget document says the change will help offenders get access to community services while helping jails reduce crowding.


NATIONAL STANDARDS ISSUED ON SCHOOL DISCIPLINE POLICIES

On Wednesday, the U.S. Department of Education released meaningful new federal guidelines addressing zero-tolerance school discipline. The guideline package includes resources for training school police and staff on constructive alternatives to kicking kids out of school.

The Center for Public Integrity’s Susan Ferriss (who has done some excellent reporting on harsh school discipline, here and here) has more on the new guidelines. Here are some clips:

The ideas are a response to mounting concerns that overly punitive discipline is pushing too many low-income and minority students out of schools and toward failure rather than helping them engage academically. The Department of Education and the Department of Justice teamed up in a two-year effort to develop lists of resources and principles that educators have found effective at keeping campuses orderly without resorting to kicking out kids.

The package is intended to help schools chart new practices. Federal officials also emphasize that educators are obliged not to violate students’ civil rights when punishing them. The package also provides resources for school police training and employee training in discipline techniques considered more productive than ejecting kids.

[SNIP]

The U.S. departments of Education and Justice both have civil rights offices that have stepped up investigations into complaints of disparate and harsh disciplinary practices affecting special-education students and ethnic-minority children. Complaints have included excessive suspensions of black children compared to white children accused of the same cell phone use violations.

“Everyone understands that school leaders need to have effective policies in place to make their campuses safe havens where learning can actually flourish,” said Secretary of Education Arne Duncan in an announcement Wednesday. “Yet most exclusionary and disciplinary actions are for non-violent student behaviors, many of which once meant a phone call home.”

In his own statement, U.S Attorney General Eric Holder said: “A routine school disciplinary infraction should land a student in the principal’s office, not in a police precinct.”


THE SCHOOL-TO-PRISON PIPELINE AND THE ABSENCE OF REHABILITATION AND EDUCATION FOR LOCKED-UP KIDS

Al Jazeera America has a worthwhile piece by Molly Knefel about the damage done by still-prevalent policies of dumping kids into the juvenile or criminal justice system for minor offenses and what activists are trying to do to change these counter-productive systems. Here are some clips:

When Marvin Bing Jr. was 12 years old, he was living in a foster home in central Pennsylvania.

One day he decided to take a kitchen knife to school in his book bag. He didn’t have any intention to use it, but he thought it would seem cool to classmates. When the teacher noticed kids gathered around Bing’s desk, oohing and ahhing, he was sent to the principal’s office.

But that was just the beginning. Bing was arrested, taken away in a police car and sent to a juvenile holding facility to await a court date. “It was lockup,” he said. “I had a cell. It was all blue. I had a little bed and a steel locked door. The whole thing, at 12 years old.”

In a single moment, something that happened in school changed Bing’s life, yanking him into the justice system — all before even becoming a teenager. But he is far from alone.

On any given day in the United States, about 70,000 children are held in residential juvenile centers like the one Bing was sent to, and at least two thirds of them are charged with nonviolent offenses. Another 10,000 are detained in adult prisons and jails. Each year, as many as 250,000 youths under 18 are tried, sentenced or incarcerated as adults.

In both the juvenile and adult systems, some critics say, young people are at a high risk of physical and sexual abuse, educational disruption and psychological trauma as they deal with institutions that might be unsuited to dealing with their problems and are focused more on punishment than on rehabilitation. “The more you treat people as criminals at younger and younger ages, the more damage you’re likely to do to their psyche,” said Niaz Kasravi, director of the criminal-justice program at the NAACP.

[SNIP]

Once a child is arrested, access to education may be limited or nonexistent, depending on the detention center. Wendy Greene, director of North Carolina Prison and Legal Services’ incarcerated-youth advocacy project, represents young people and is familiar with confinement conditions in the state. One of her clients — whom she declined to name — is a special-education student awaiting a court date in a North Carolina county jail. Though he has not been convicted of a crime, he has been there for months.

According to Greene, law-enforcement officials have refused to allow the local public school to send in a teacher to work one on one with the child, claiming there’s no space for such an arrangement. As a result, he has been receiving assignment packets from school but no instruction. She says his work comes back with scores of zero. Regardless of whether he is found guilty, she pointed out, his experience with detention has significantly set back his education.


EDITORIAL ROUND-UP: SHERIFF BACA’S RESIGNATION AND THE DEPARTMENT’S FUTURE

The LA Times and the LA Daily News each had two particularly good editorials regarding the unexpected resignation of current LA County Sheriff Lee Baca. (The backstory can be found here and here, if you missed it.)

In the first LAT editorial, Robert Greene says that the current sheriff election process and methods of oversight are “untenable” and need to be revamped. Here’s a clip:

…In this county, sheriffs simply don’t get bounced from office by voters. We have 10 million people, more than any other county in the nation, more than 42 states. Of those, close to half live in cities with their own police departments, so those voters don’t really have much reason to care who gets elected sheriff or whether the incumbent is doing a good job. Getting the attention of those voters is nearly impossible. Actual political and democratic oversight of the Los Angeles County sheriff has crumbled while the form — the veneer — of democracy persists.

Baca is the only Los Angeles County sheriff in modern times to get the job by defeating the incumbent, and he managed that in large part because the incumbent was dead (Sherman Block died in the final days of his 1998 campaign for reelection). Other than that instance, voters in this county haven’t removed a sheriff in living memory. The last time an L.A. County sheriff was ousted was in 1921 — and that wasn’t by the voters but by the spork, the Board of Supervisors. History records that the sheriff resigned.

Baca’s resignation follows at least the first part of the more common practice for sheriffs. For the pattern to be complete, he would have to name his own successor and the Board of Supervisors would have to rubber-stamp it, leaving voters with an incumbent to return to office.

Perhaps the sheriff should be elected but subject to removal by the board; or appointed by the board but subject to periodic approval by the voters, as with Superior Court judges; or appointed by the board but with carefully designed oversight. Like an inspector general. And a commission. Any of those moves would require a statewide vote.

And here’s a clip from what the Times’ editorial board had to say about Baca’s exit (also well worth a full read-through):

Even the most honorable deputies in a department struggling with a corrupted culture need to know that the old ways will not be tolerated. They must see persistent attention to the department’s problems, not the intermittent public focus that comes with elections or verdicts, or the occasional critique or initiative offered by the Board of Supervisors. Deputies must know they are working under a sheriff with the highest integrity, subject to a workable system of oversight.

Baca’s departure will allow for a more sweeping revamp of the department. But county leaders and the public should not view a change at the top, by itself, as sufficient. Baca was a problem, but he was not the only problem. He may not have been up to the task of balancing politics and law enforcement, and he may have been too flawed or tired or incompetent to imbue his entire force of deputies with his stated vision, but for any Los Angeles County sheriff to do better in a strange job that combines elected politics with jail management, mental health care, inmate rehabilitation and law enforcement, there must be a system of oversight that doesn’t rely merely on federal probes and periodic elections.

Exactly who the new sheriff will be and just how an effective oversight system will be structured should become the central debate of the sheriff’s race over the coming year. Candidates should make clear not merely how they would eliminate inmate abuse and misconduct by deputies but how and where they would draw the line between their own independence as sheriff and their accountability for reform.

The LA Daily News’ editorial board calls for a strong candidate for sheriff and permanent civilian oversight of the department. Here’s a small clip from the opening:

Lee Baca’s sudden resignation comes as a pleasant surprise. Now, with the old sheriff out of the way, Los Angeles County can get on with choosing new leadership for the nation’s largest sheriff’s department and cleaning up the scandals in its law-enforcement force and jail staff.

But let’s be clear: This cleanup is a huge task. As Baca departs, the culture of violence and corruption that developed in his 15 years in charge remains. It will take both a strong successor and forceful oversight to repair the damage…

And, in an op-ed for the Daily News, Long Beach city prosecutor Doug Haubert throws his weight behind Long Beach Police Chief Jim McDonnell, who is expected to announce soon whether he will join the race. Here’s a clip:

Sometimes, police get blamed for everything, and rarely do they get the credit they deserve. I watched as Chief McDonnell slowly built up a confidence level within the department and the community. That’s the kind of thing the county could use right now.

Also, the chief came in at the worst budget time imaginable. His first days on the job, he saw his department’s budget cut from under him, like a carpet ripped out from under his feet. I know because I came into my office under the same circumstances, one-third of my prosecutors have been cut from my department.

The chief showed grace under pressure, and that’s the kind of mettle needed in the next sheriff. I don’t envy the current sheriff, nor the next one. However, we will need someone with the courage to make tough decisions and take responsibility for those decisions. I can’t think of a better person to do this than Chief McDonnell.

Posted in California budget, Edmund G. Brown, Jr. (Jerry), Education, juvenile justice, LASD, prison, School to Prison Pipeline, Sheriff Lee Baca, Zero Tolerance and School Discipline | 34 Comments »

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