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CA’s Poorer Students Lose Weeks of Instruction…LAUSD Fires Lawyer Who Blamed 14-yr-old for Sex With Teacher….Kids, Trauma & Schools…and LAPD Braces for Ferguson Decision

November 19th, 2014 by Celeste Fremon


STUDY FINDS CA’S LOW INCOME HIGH SCHOOLS LOSE 25 DAYS OF INSTRUCTION A YEAR

Teachers in California’s “high poverty” high schools provide their students with an average of 25 fewer days of classwork per year than do their higher income school counterparts, according to a new study released Tuesday by UCLA’s Institute for Democracy, Education & Access (IDEA) and funded by the Ford Foundation.

This is the rough equivalent of shutting down classes in the state’s low income area schools as much as five weeks earlier than schools in more affluent areas.

The causes of this disparity in productive class time primarily fall into two categories, according to the UCLA report:

1. Incidental interruptions during each class period chip away at instructional time to the tune of around 1/2 hour per day in the state’s low income schools.

2. In this same way, in high poverty schools there are more in the way of large interruptions that cut into scheduled instructional time across the school calendar–things like emergency lockdowns, chronic teacher absences, overlong preparation for standardized tests, underprepared substitute teachers and more.

In addition there are community and personal sources of stress—unstable living conditions, neighborhood violence, concerns about safety, immigration issues, hunger—that can adversely affect a higher percentage of students’ ability to concentrate in high poverty schools than those affected in low poverty schools.

The result is a measurable lack of equality of opportunity, say the study’s authors:

“California holds students to a common set of assessment standards and requirements for university admission,” write UCLA researchers John Rogers & Nicole Mirra in the conclusion of their report. “Yet students have access to markedly different amounts of instructional time depending on the neighborhood in which they live. It is true that schools can use available learning time in more or less effective ways. But the amount of available learning time creates a ceiling, limiting the capacity of the school to promote student achievement and development.”

Jill Barshay writing for the Hechinger Report has more on the study. Here’s a clip:

Interruptions, substitute teachers and test prep account for a large portion of the lost instructional time, according to a UCLA study released Nov. 18, 2014.

“These findings push us to think again about inequality in the schools,” said UCLA education professor John Rogers, a co-author of “It’s About Time: Learning Time and Educational Opportunity in California High Schools,” published by UCLA’s Institute for Democracy, Education and Access. “You have a quarter of the kids [here] in schools with concentrated poverty, and you see how unequal learning time is for these students.”

The inequities outlined in this report have little to do with school funding. In California, the state plays a large role in allocating school funds. That reduces the ability of wealthy towns to fund their schools more than low-income communities can.

“Differences in learning time between high and low poverty schools might actually be much more pronounced in states where high poverty schools receive less funding than schools in more affluent communities,” said Sanjiv Rao, a program officer at the Ford Foundation, which funded the UCLA study.

[SNIP]

A common disruption, for example, was a phone call from the main office during a lesson. Teachers reported that simple routines, such as settling the class down or distributing materials, take longer at high poverty schools. It may take only a minute, but the minutes add up. In a high poverty school, about 18 minutes per period are lost this way, compared with 13 minutes in a low poverty school — a five minute difference per class period….


LAUSD BELATEDLY FIRES LAWYER WHO ARGUED THAT 14-YEAR-OLD MIDDLE-SCHOOL GIRL WAS OLD ENOUGH TO SAY YES TO SEX

Last week, KPCC’s Karen Foshay broke the story that one of LAUSD’s hired gun law firms had argued in a civil suit in August that a 14-year-old student was mature enough to consent to having sex with her 28-year-old teacher—hence the district shouldn’t be liable for any of the teenager’s alleged injuries.

The former math teacher, Elkis Hermida, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison.

The district’s attorney in the matter, W. Keith Wyatt of Ivie, McNeill & Wyatt, also brought the middle-schooler’s past sexual experience into court. (One is legally prohibited from such trash-the-victim tactics in adult rape cases, but evidently all bets are off in civil cases brought by the parents of young teenagers whose teachers had felonious sex with their students.)

Here are some clips from that first story:

“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

Not content to stop there, Mr. Wyatt went on to opine:

“Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher,’” Wyatt told KPCC.

In any case, last Friday, embarrassed LASD officials announced that they wouldn’t work with attorney Wyatt anymore but that they would continue to work with his firm—which was representing the district in a bunch of cases.

Then on Tuesday, KPCC’s Karen Foshey and Paul Glickman reported that LAUSD had changed its mind and was now yanking most of the cases.

Here’s a clip that explains the deal:

When LAUSD said it would cut its ties with Wyatt, it said it would maintain its relationship with his firm, Ivie, McNeill & Wyatt, which was representing the district in 18 cases.

On Tuesday, LAUSD spokesman Sean Rossall told KPCC that Wyatt had been counsel on all 18 cases. His firm will continue representing the school district in four of the cases, but Wyatt will no longer be handling them, Rossall explained. The remaining 14 cases “are being reassigned to other firms,” he said.

There has also been fallout in Sacramento from KPCC’s report. State Senator Ted Gaines (R-Roseville) said that he intends to introduce legislation to ensure that lawyers will not be able to argue in civil cases that a minor is mature enough to consent to sex with an adult.

Let us hope that such sensible legislation will pass.


DR. NADINE BURKE HARRIS ADVISES SCHOOLS DEALING WITH STUDENTS & CHILDHOOD TRAUMA: “DON’T MAKE THINGS WORSE.”

Dr. Nadine Burke Harris, the San Francisco pediatrician and researcher who has become a national expert on the effect of “adverse childhood experiences”—or ACEs—on a kid’s future health and behavior, spoke last week at the Colorado Children’s Campaign. Prior to the event, Burke Harris was interviewed by Ann Schimke at Chalkbeat Colorado about kids and toxic stress and how schools can unintentionally make things worse.

(WitnessLA wrote about Burke Harris and childhood trauma here.)

Here’s a clip from the conversation:

…First of all, the canary in the coal mine is behavior and learning issues. One of the things we know is that kids who are exposed to high doses of adversity are much more likely to have problems with impulse control, are much more likely to have difficulty with recovery post-provocation, more likely to have difficulty with attention, and sometimes going so far as having learning difficulties.

For the study that was published by myself and a colleague, our kids who had four or more adverse childhood experiences, they were twice as likely to be overweight or obese. We also see recent data out of California…if you have an ACE score of four or more you have twice the lifetime risk of asthma.

What role should schools play or are they already playing in dealing with this issue in a proactive way?

The first really important role that schools have is not making things worse. I know that sounds awful, but really understanding that punitive school discipline policies do not reflect an understanding of the science of how adversity affects the developing brain. I think it’s really important for schools to respond thoughtfully.

The hours that a child spends in school are really an opportunity for establishing safe and healthy relationships, which can also be profoundly positive in terms of coming up with solutions to the issue of adverse childhood experiences and toxic stress.

One of the big things is just thinking about ways to establish a safe and healthy school climate that’s not punitive, and informing some of those policies with the emerging science and research around ACES and toxic stress.

How are schools doing in addressing this issue and creating a safe and healthy environment ?

There are certainly some schools that are models…One of the things we see that makes a world of difference in the school environment is having a school leader who recognizes adverse childhood experiences and toxic stress as a major issue that affects educational attainment and is willing to … take that on. I think that has everything to do with the leadership.


LAPD BRACES FOR DEMONSTRATIONS AFTER FERGUSON GRAND JURY ANNOUNCEMENT

Calls have already gone out for a peaceful rally at Leimert Park (Crenshaw and Vernon) following the Missouri grand jury announcement expected later this month regarding whether or not Ferguson police officer Darren Wilson will be indicted in the controversial shooting of black teenager Michael Brown.

Like law enforcement agencies all over the country, the Los Angeles Police Department is preparing for reactions to the grand jury’s decision, but Chief Charlie Beck also expressed hope that recent meetings by department members with LA’s most affected communities will aide in keeping the city calm.

The LA Times’ Kate Mather has more on the story. Here’s a clip:

Police departments nationwide are bracing for the grand jury’s decision — expected by the end of the month — in the killing of Michael Brown by a white police officer. The August shooting in Ferguson, Mo., sparked protests nationwide along with criticism of police.

Beck told the city’s Police Commission that his department is “working very closely” with authorities in Missouri and hoped to get “some advance notice of the decision and the announcement.”

“This is an issue that we’re all concerned with,” he said.

The LAPD has also stepped up community outreach in anticipation of the decision, Beck said, and is prepared to deploy extra patrols when it comes.

“We will facilitate lawful demonstrations, just as we always do,” he told reporters after the meeting. “But we will not, and cannot, condone violence or vandalism. We want to help people to express their opinions, but we want them to do it lawfully.”

Beck stressed his hope that the outreach efforts would help quell potential violence in Los Angeles.

“I believe that the relationships with the Los Angeles Police Department and the communities that are most concerned is very strong,” the chief said.

Posted in Civil Liberties, Civil Rights, crime and punishment, Education, LAPD, LAUSD, race, racial justice, School to Prison Pipeline, Trauma | No Comments »

Election Night Snapshot

November 5th, 2014 by Celeste Fremon


IT’S MCDONNELL, OFFICIALLY, FINALLY

Brand new LA County Sheriff-elect Jim McDonnell took the stage last night around 10:45 p.m. at the Marriott hotel downtown. “I entered the race for sheriff less than one very long year ago…” he said, “because I realized the change needed in the LASD would not, and could not, come from within.” As a member of the citizens commision on jail violence, he said, he had seen “a failure of leadership” at the department’s highest levels….”But the fine men and women of the department are ready for a new day.”

After thanking everyone who needed to be thanked and then talking a bit about the department being at an historic crossroads, McDonnell paused and looked at those assembled, face flooded with emotion and resolve.

“I promise that I will not let you down,” he said.

In addition to his wife and two daughters, the new sheriff was surrounded on the stage by much of the leadership of the city and the county: Mayor Eric Garcetti was there, as was District Attorney Jackie Lacey, her predecessor Steve Cooley, Supervisors Mark Ridley-Thomas, Don Knabe, Supervisor elect, Hilda Solis, City Attorney Mike Fuerer and acting sheriff John Scott. A good portion of the LA City Council, had showed up, including Herb Wesson who MC’d part of the festivities, and Mitch Englander who, together with Congressman Tony Cardenas kept flashing thumbs-up signs for the cameras.

The political figures who spoke to the crowd were nearly giddy in their praise for the new guy at the top of the LASD.

“He is up for the task! He is committed,” said Mark Ridley-Thomas and then urged audience members to turn to those around them and exchange high fives.

“We now have a sheriff who is worthy of that title,” said Mayor Eric Garcetti.


We got back from the various election events ver-r-r-rry late last night, so this is just a snapshot post.

We’ll have more on the election—among other important topics—as the week goes on.

Posted in 2014 election, Education, elections, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Paul Tanaka, prison policy, Reentry, Sentencing | 30 Comments »

Recommended Reading as We Head into Nov. 4 Elections: Education, Attorney General, County Supervisor, and Sheriff

November 3rd, 2014 by Taylor Walker

CRUCIAL STATE SUPERINTENDENT OF PUBLIC EDUCATION RACE ROUNDUP

California’s race for Superintendent of Public Instruction is attracting a lot of attention, in part, because it has the potential to set a precedent for public education nationwide, but also because of the unusual amount of campaign money involved—over $20 million in contributions.

The race to oversee the state’s public schools, which rank 45th in the nation, has been pegged as “reformer versus union” sets education reform heavyweight Marshall Tuck against incumbent Tom Torlakson (who, along with the state, was slammed with a Temporary Restraining Order over Jefferson High School’s scheduling disaster, last month).

The NY Times’ Motoko Rich points out that the superintendent race has drawn a great deal of interest from outside the state because it represents a battle taking place at the national level. Here’s how it opens:

In California, one of just 13 states where the schools chief is an elected post, this year’s race is unusual: It seems to have drawn more attention from outside the state than inside, because it is seen as a proxy for the national debate over teacher tenure rules, charter schools and other education issues that have divided Democrats.

The contest for California superintendent of public instruction has attracted more than $20 million in campaign contributions, largely because it is viewed as a referendum on the future direction of policy in public schools. And with two Democrats — Tom Torlakson, the incumbent, and Marshall Tuck, the challenger — vying for the office, the race also reflects a national schism within the party.

On one side are those like Mr. Tuck, who say that teachers’ unions hold too much sway over the Democratic Party and that public education needs a more entrepreneurial approach. On the other are those like Mr. Torlakson, who say the proposed changes, which include the expansion of charter schools and greater use of test scores to evaluate teachers, amount to a corporate takeover of public schools.

The superintendent race is also the costliest in the state, with three times more campaign funding than the gubernatorial race.

Bloomberg’s Karen Weise has more on the issue. Here’s a clip:

When the country’s most populous state heads to the polls for the midterm elections next week, big money won’t be riding on who will be California’s governor or represent it in Washington. Instead, a mountain of cash has focused on who will head the state’s Department of Education. Donors put $30 million into the race for state superintendent, three times more than in the gubernatorial campaigns, according to data compiled by EdSource.

And in an op-ed for national business magazine Forbes, former presidential appointee to the U.S. Dept. of Education, Dallas Lawrence, endorses Marshall Tuck, pointing out his triumphs as founder of the Partnership for Los Angeles Schools, which included bringing up graduation rates at struggling LAUSD schools by 60%. Here’s a clip:

The most hotly contested race in the Golden State will have no impact on who controls the U.S. House or Senate. It won’t impact the gubernatorial race and it certainly won’t alter the lopsided Democrat majorities in the California legislature. Nestled 61 pages into the 2014 California Voter guide is perhaps the most important campaign being waged in America today—a campaign to reform the state’s broken public school system and shake up the dysfunctional status quo that has fueled a race to the bottom for California’s public schools which now rank 45th in the nation. The campaign for California’s non-partisan Superintendent of Public Instruction is about much more than which Democrat (as both candidates are Democrats) will be elected the state’s chief school officer. It is, as a recent San Diego Union Tribune headline declared, a campaign pitting “reformer versus union” in an election with significant national implications.

The reformer is Marshall Tuck, a scrappy, roll-up-your-sleeves and get-to-work fixing our schools, kind of leader. Tuck served most recently as founding CEO of the Partnership for Los Angeles Schools, a groundbreaking collaboration with the Los Angeles Unified School District to operate 17 struggling public elementary, middle and high schools serving 15,000 historically underserved students. Under Tuck’s leadership, these schools increased four-year graduation rates by over 60% while improving school safety and student attendance. Over the last five years, the Partnership schools ranked first in academic improvement among school systems with more than 10,000 students.


KQED’S CALIFORNIA REPORT PROFILE ON CA ATTORNEY GENERAL KAMALA HARRIS, SEEKING REELECTION

KQED’s Scott Shafer has an interesting profile piece on California Attorney General Kamala Harris, including her battle against California’s truancy crisis and her efforts to be “smart on crime” rather than tough (or soft) on crime. Here’s how it opens:

California’s attorney general is often known as the state’s “top cop.” And to be sure, Kamala Harris has done her share of “law and order” press conferences announcing drug busts and gang takedowns.

But, as she heads into Tuesday’s election, Harris has clearly emphasized different priorities than her predecessors.

One of Harris’ new TV ads makes clear how different she is from previous attorneys general. The ad features a smiling Harris sitting around a classroom table with young schoolkids.

“If you’re chronically truant from elementary school, you are four times more likely to drop out and become a perpetrator or a victim of crime,” Harris says in the commercial. “That’s why we’re taking on the truancy crisis in the California Department of Justice.”

The ad ends with a smiling Harris high-fiving all the children. It is, Harris acknowledges, a distinctly different emphasis from the typical “lock ‘em up and throw away the key” approach to law enforcement.

“I think we have accepted a false choice, which suggests that one can either be soft on crime or tough on crime, instead of asking, ‘Are we smart on crime?’” Harris said this week. She compares law enforcement with public health — favoring prevention over treatment.

“If the sniffles (come) on, then it’s early intervention,” she says. “But if we’re dealing with it in the emergency room or the prison system, it’s much too late and it’s far too expensive.”

Harris has made reducing truancy a cornerstone of her job. Yet an A.G. has little direct impact over that. And Gov. Jerry Brown recently vetoed two anti-truancy bills she was pushing.

But Imperial County District Attorney Gilbert Otero, who heads the state association of DA’s, appreciates Harris using the bully pulpit on issues like truancy.

“Truancy is a big issue,” Otero said. “If the attorney general comes down and starts talking about something like that, then you know I’m all for it.”


LA COUNTY SUPERVISOR CANDIDATES SHEILA KUEHL AND BOBBY SHRIVER DEBATE ON WHICH WAY, LA? WITH WARREN OLNEY

If you’re looking for a way to decide between Sheila Kuehl and Bobby Shriver, the the two candidates looking to replace LA County Supervisor Zev Yaroslavsky for the 3rd District, take a listen to KCRW’s radio debate, moderated by Warren Olney.

Here are some clips from near the end of the program in which Kuehl and Shriver discussed the proposed $2 billion jail plan, mental health diversion, jail abuse, and the impending federal consent decree to address issues with mental health care within county jails.

Olney: The current board has voted to spend $2 billion on a new jail with a wing for the mentally ill, at the same time as an effort to reduce the number of inmates, partly through the diversion of people who are mentally ill. Would you, if you became a supervisor, continue the process of building that $2 billion new jail?

Shriver: No. I’ve said widely and everywhere that I would not. I think mentally ill folks should be treated in community settings. We’ve got a lot of research showing that it’s very, very bad to jail them—these are the non-violent mentally ill people.

Olney: But the jail is for other people as well. Is there a need for a $2 billion jail?

Shriver: No. There’s a need for a new jail, for bad people. There is not a need for a new jail to incarcerate mentally ill or substance abusing people. They should be treated in the community. But that’s the current plan—I think it’s important for your listeners to know—the current plan, brought forward by Mr. Fujioka and others, is to build a $2 billion jail and keep mentally ill people in that jail. I am completely against that. I am for community mental health care.

Kuehl: I agree. I’m against it as well. The supervisors did not vote uniformly on this jail, and I’m hoping there will be some way to open that up again, should I be elected. And I know Bobby agrees about trying to open it up. The difference, I think, between what they adopted and what would be right, is the ability to send more people into community treatment, not only for mental illness, but also substance abuse.

[SNIP]

Olney: The federal Justice Department is seeking consent decree to get in control of the county jails, which it describes as “dimly lit, vermin-infested, unsanitary, cramped, and crowded.” And that, they say, is one reason for the suicides of so many inmates, especially those who are mentally ill. Abuse by sheriff’s deputies appears to be part of the problem, but you don’t control them. The Dept. of Mental Health has a major presence in the jails. Does it need new leadership?

Shriver: It does. It reported to Mr. Fujioka, by the way. The consent decree will come, and I will not oppose it. I think that management in the jails is just been a disaster. Police officers have been indicted. As sheriff-candidate Jim McDonnell said the other day, they’re going to do hard time. So, when you’ve got police officers being indicted by the federal government, who are going to go to jail, you’ve got a situation that needs real addressing.

Olney: What responsibility is that of the board…?

Shriver: If I were on the board, I would be gnashing my teeth…. I would be examining the budget in a very aggressive way….The sheriff is independently elected. You can’t tell the sheriff how to police things. What you can do, is run the budget. That’s the supervisor’s job—to supervise the budget. And if you run somebody’s budget, you can have a lot of influence over them, and that just wasn’t done here. The CEO didn’t do it, the board didn’t do it, and this situation is out of control, and needs to be fixed.

Olney: And Sheila Kuehl, what about the consent decree? That’s liable to cost the county a lot of money.

Kuehl: It’s going to cost the county a lot of money. The supervisors actually have a great deal more they can do in addition to the budget, because their hands are going to be tied a little bit by the consent decree costing so much more. And that’s really about what needs to be done in the jail itself….it’s not just budget. It’s a question of, can there be a citizen’s oversight commission? It’s a question of whether the inspector general can have subpoena power…


FORMER UNDERSHERIFF PAUL TANAKA’S NEW COMMERCIAL

Sheriff-hopeful Paul Tanaka has released a new TV ad with a focus on public safety.

Posted in 2014 election, Education, LA County Board of Supervisors, Paul Tanaka | 8 Comments »

André Birotte Gets Robed Up….Brown Foes Say Realignment Causes Crime But Stats Say Otherwise….When Mental Disabilities Lead to Harsh School Discipline….& PPOA McDonnell Interview, Part 2….

October 28th, 2014 by Celeste Fremon



ANDRÉ BIROTTE SWORN IN AS FEDERAL JUDGE

By 4 p.m. on Friday night, courtroom 650 at the Edward R. Roybal Federal Building —plus two overflow rooms—were absolutely jammed with judges, lawyers, higher echelon law enforcement types, local lawmakers and others, including U.S. Attorney General Eric Holder, all of whom had come to witness the formal investiture of André Birotte Jr as a United States District Judge.

Birotte, if you remember, was nominated to the federal bench by President Barack Obama on April 3, 2014, and confirmed unanimously by the Senate on July 22, 2014 (an impressive feat in itself, considering the current fractious state of that august body).

The son of Haitian immigrants, Birotte graduated from Tufts University in 1987 with a B.A. in psychology, then came to Southern California to attend Pepperdine University School of Law. He began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to redefine and reform itself. Birotte is generally acknowledged as a significant part of that reform.

In 2009, while he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, after Senator Diane Feinstein strongly recommended him. Five years later, Feinstein again recommended him for the judgeship.

“In 15 years of [vetting] people for the senator,” said Trevor Daley, Feinstein’s state director who was tasked to check up on Birotte. “I’ve never gotten the kind of positive feedback on anyone as I did on André.”

Other speakers at the investiture were similarly effusive.

Birotte was a “champion on the individual as well as serving the underserved,” said former police commission chairman Rick Caruso. “Yet he never sought the spotlight.

Eric Holder praised Birotte for cracking down on public corruption and drug trafficking while also understanding that “we will never be able to prosecute and incarcerate our way to becoming a safer nation.” Holder also pointed to CASA, the sentencing diversion program that Birotte championed, “which serves as a model for smart on crime initiatives throughout the nation.”

Now Birotte would be “strengthening and making more fair the justice system to which he has given so much of his life,” said Holder.

When it came time for the newly-minted judge himself to speak, Birotte quoted a poetry fragment by poet Antonio Machado, that he said had influenced him.

…Wanderer, there is no road,
the road is made by walking.

Indeed, Birotte doesn’t appear to have set his sites on the positions he has attained as part of some grandly ambitious lifeplan. Instead, according to his own account, and the accounts of those who lauded him on Friday, he has arrived at the present moment by “walking,” as the poet suggests—a.k.a. by doing the work that appeared before him, while guided by a strong sense of justice and compassion.

In fact, if it had not been for his wife’s encouragement, Birotte told investiture crowd, “I’m not sure that I would have put myself out for these positions.”

Birotte thanked a long list of people (including his faithful group of morning workout partners at his gym). He confided to the crowd that among the most important talismans he brought with him into his new courtroom were “my father’s medical bag and one of the many purses that my mom would keep by her side.”

At the mention of his mom, who died just a few years ago, Birotte choked up visably. He struggled similarly when he told his wife how much she and their kids meant to him, and also when he thanked Judge Terry Hatter, who had been a longtime hero, and who swore him in. Each time, the “baby judge,” as he called himself, was refreshingly unapologetic for his unruly emotions.

Although the investiture began just after 4 p.m., more than three hours later guests still lingered at the post-ceremony reception in the Roybal building’s lobby, as if wishing to bask a bit longer in the evening’s prevailing sentiment—namely that this particular judgeship, thankfully, had landed in very good hands.


AS ELECTIONS HEAT UP BROWN OPPONENTS SAY REALIGNMENT MADE CALIF. COMMUNITIES LESS SAFE, BUT ACTUAL NUMBERS SAY OTHERWISE

As we noted yesterday, although realignment was not originally a big issue in this year’s gubernatorial campaign, now Jerry Brown’s opponents are bringing up the topic with increasing frequency. Yet, while critics’ contend that realignment has harmed public safety, the state’s still falling crime figures don’t agree. Still, when it comes to pointing to lasting victories for the governor’s signature policy, even Brown and other advocates admit that realignment is a complicated work in progress.

Don Thompson of the Associated Press has more on the story (via the Sacramento Bee). Here are some clips:

As Gov. Jerry Brown seeks re-election next month, Republicans say decisions he made to reduce prison overcrowding are endangering the public by putting more criminals on the streets.

About 13,000 inmates a month are being released early from crowded county jails while they await trial or before they complete their full sentences. More than 5,000 state prisoners had earlier releases this year because of federal court orders, legislation signed by the governor and a recently approved state ballot initiative.

Yet those statistics don’t tell the full story.

Crime rates statewide actually dropped last year and did so across all categories of violent and property offenses, from murder and rape to auto theft and larceny, according to the most recent figures from the state Department of Justice.

[BIG SNIP]

Even as crime rates have dropped, realignment is presenting challenges for counties throughout the state. The total county jail population in California has increased by nearly 11,000 inmates since realignment took effect in October 2011.

Probation departments now handle offenders whose most recent convictions are for lower-level crimes but who may have serious or violent criminal histories.

County officials also say they are ill-equipped to deal with other offenders who used to go state prisons, including those with mental illness and those serving multi-year sentences.

“The population most likely to be the most problematic is the population being funneled to the counties,” said Margarita Perez, who was acting chief of the state’s parole division before realignment took effect in October 2011 and now is assistant probation chief in Los Angeles County.

Despite the tougher population, probation officers said they are becoming better at handling those inmates.

“There’s more of a culture of tolerance, more of a culture of using any resources at your disposal to try to get this individual to turn around instead of a philosophy of lock them up,” Perez said.

Dean Pfoutz is one of those trying to benefit from the new emphasis on rehabilitation.

His roughly two decade-long criminal history includes a three-year prison sentence for assault and another eight years for an assault causing serious injury to a girlfriend. He most recently served 16 months for receiving stolen property.

Despite his violent past, he is being supervised by Sacramento County probation officers instead of state parole agents because his most recent crime, possession of stolen property, is considered a lower-level offense.

Pfoutz said he is benefiting from the county’s approach.

“It’s more hands-on here than parole. With parole, it’s like, ‘Just don’t get arrested,’” he said before attending a self-help class at the probation center he visits five days a week. “They’re pulling for us to do all right.”


SPECIAL ED LEADS TO THE JUVENILE JUSTICE SYSTEM FOR TOO MANY AMERICAN STUDENTS

Although much of the concern about the disproportionate use of over-harsh school discipline has been focused on students of color, experts are increasingly aware that kids with mental disabilities are also disproportionately pushed into the so-called school-to-prison pipeline.

Jackie Mader and Sarah Butrymowicz of the Juvenile Justice Education Exchange have the story. Here’s a clip:

Cody Beck was 12-years -old when he was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later, the sixth-grader was released from the facility and charged with three counts of assault.

Officials at his school determined the incident was a result of Cody’s disability. As a child, Cody was diagnosed with bipolar disorder. He had been given an Individual Education Program, or IEP, a legal document that details the resources, accommodations, and classes that a special education student should receive to help manage his or her disability. But despite there being a medical reason for his behavior, Cody was not allowed to return to school. He was called to youth court three times in the four months after the incident happened, and was out of school for nearly half that time as he waited to start at a special private school.

Cody is one of thousands of children caught up in the juvenile justice system each year. At least one in three of those arrested has a disability, ranging from emotional disability like bipolar disorder to learning disabilities like dyslexia, and some researchers estimate the figure may be as high as 70 percent. Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population.

…..The vast majority of adults in American prisons have a disability, according to a 1997 Bureau of Justice Statistics survey. Data hasn’t been updated since, but experts attribute the high percentage of individuals with disabilities in the nation’s bloated prison population – which has grown 700 percent since 1970 – in part to deep problems in the education of children with special needs.

In Mississippi and across the country, the path to prison often starts very early for kids who struggle to manage behavioral or emotional disabilities in low-performing schools that lack mental health care, highly qualified special education teachers, and appropriately trained staff. Federal law requires schools to provide an education for kids with disabilities in an environment as close to a regular classroom as possible. But often, special needs students receive an inferior education, fall behind, and end up with few options for college or career. For youth with disabilities who end up in jail, education can be minimal, and at times, non-existent, even though federal law requires that they receive an education until age 21.



PAY TO PLAY CAMPAIGN CONTRIBUTIONS—THAT’S CLEARLY CORRUPTION, SAYS JIM MCDONNELL IN NEW PPOA INTERVIEW

In Part 2 of the 3-part interview series that PPOA Prez Brian Moriguchi has conducted with Los Angeles County Sheriff candidate Jim McDonnell, the candidate talks about personnel issues, like promotion strategies, and other matters that have been subject to corruption at the LASD in the past—plus how he plans to “put the shine back” on the badge “that means the world” to so many officers.


ALSO, SEE REPORT ON WEEKEND FORUM WITH MCDONNELL BY FRANK STOLTZE

KPPC’S Frank Stoltze reports that Jim McDonnell, the frontrunner for Los Angeles County Sheriff, “…is not yet prepared to support subpoena power for a proposed citizen’s oversight panel, although authority watchdogs say is important to reforming the troubled department.”

Read the rest of Stoltze’s report here.

Posted in Board of Supervisors, Courts, Education, elections, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Realignment, School to Prison Pipeline, Sheriff Lee Baca, U.S. Attorney, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

Attorney Fights for Justice and Mercy…When Arrests by Police Replace School Discipline….Analyzing Crime Reporting in America

October 21st, 2014 by Celeste Fremon


In the often disheartening world of criminal justice reform, Bryan Stevenson is deservedly a superstar.

Stevenson is a defense attorney who graduated from Harvard Law School, and founded the Equal Justice Initiative, a non-profit legal practice dedicated to defending the poor, the wrongly condemned, children who have been tried as adults, and others who have been most abandoned by the nation’s legal system. One of his first cases was that of Walter McMillian, a young man who was on death row for a notorious murder he insisted he didn’t commit.

Stevenson is also a law professor at NYU, the winner of a McArthur genius grant, and has argued six cases before the Supreme Court—two of which are of exceptional significance: He’s the guy who made possible the May 2010 Supreme Court ruling stating that it is unconstitutional to sentence kids to life without parole if they have not committed murder. Then Stevenson came back again two years later and, in June 2012, won the ruling that prohibits mandatory life for juveniles.

Now he’s written a book about his experiences with the justice system called Just Mercy: A Story of Justice and Redemption. It is being released on Tuesday, October 21, and is already generating a lot of enthusiasm.

Stevenson was on the Daily Show at the end of last week talking about the book and about justice in general. (See video above and extended interview here).

Then on Monday of this week, he was interviewed by Terry Gross on NPR’s Fresh Air.

Here are some clips from Fresh Air’s write-up about the show:

In one of his most famous cases, Stevenson helped exonerate a man on death row. Walter McMillian was convicted of killing 18-year-old Ronda Morrison, who was found under a clothing rack at a dry cleaner in Monroeville, Ala., in 1986. Three witnesses testified against McMillian, while six witnesses, who were black, testified that he was at a church fish fry at the time of the crime. McMillian was found guilty and held on death row for six years.

Stevenson decided to take on the case to defend McMillian, but a judge tried to talk him out of it.

“I think everyone knew that the evidence against Mr. McMillian was pretty contrived,” Stevenson says. “The police couldn’t solve the crime and there was so much pressure on the police and the prosecutor on the system of justice to make an arrest that they just felt like they had to get somebody convicted. …

“It was a pretty clear situation where everyone just wanted to forget about this man, let him get executed so everybody could move on. [There was] a lot of passion, a lot of anger in the community about [Morrison's] death, and I think there was great resistance to someone coming in and fighting for the condemned person who had been accused and convicted.”

But with Stevenson’s representation, McMillian was exonerated in 1993. McMillian was eventually freed, but not without scars of being on death row. He died last year.

“This is one of the few cases I’ve worked on where I got bomb threats and death threats because we were fighting to free this man who was so clearly innocent,” Stevenson says. “It reveals this disconnect that I’m so concerned about when I think about our criminal justice system.”

Yet the interview—which you can listen to here—is about much, much more.

So is Stevenson’s book, Just Mercy, as is made clear by this review by Ted Conover who wrote about the book for the New York Times Sunday Book Review.

(Conover is the author of the highly regarded “Newjack: Guarding Sing-Sing,” and other nonfiction books)

Here are some brief clips from Conover’s review:

Unfairness in the Justice system is a major theme of our age. DNA analysis exposes false convictions, it seems, on a weekly basis. The predominance of racial minorities in jails and prisons suggests systemic bias. Sentencing guidelines born of the war on drugs look increasingly draconian. Studies cast doubt on the accuracy of eyewitness testimony. Even the states that still kill people appear to have forgotten how; lately executions have been botched to horrific effect.

This news reaches citizens in articles and television spots about mistreated individuals. But “Just Mercy,” a memoir, aggregates and personalizes the struggle against injustice in the story of one activist lawyer.

[SNIP]

The message of this book, hammered home by dramatic examples of one man’s refusal to sit quietly and countenance horror, is that evil can be overcome, a difference can be made. “Just Mercy” will make you upset and it will make you hopeful. The day I finished it, I happened to read in a newspaper that one in 10 people exonerated of crimes in recent years had pleaded guilty at trial. The justice system had them over a log, and copping a plea had been their only hope. Bryan Stevenson has been angry about this for years, and we are all the better for it.

NPR has an excerpt from Stevenson’s Just Mercy here.


WHAT HAPPENS WHEN ARRESTS OF TEENAGERS REPLACE SCHOOL DISCIPLINE

According to the U.S. Education Department’s Office of Civil Rights, 260,000 students were turned over to law enforcement by schools in 2012 (the year with most-recent available data). According to the same report, 92,000 students were subject to school-related arrests that year.

Now that the most punitive policies of the last few decades are slowly being reconsidered, it is hoped that those arrest numbers will start coming down and that school police will be used for campus safety, not as a universal response to student misbehavior.

On Monday, the Wall Street Journal ran an extensively reported and excellent story by Gary Fields and John R. Emshwiller on the matter of using law enforcement for school discipline.

Here are some clips:

A generation ago, schoolchildren caught fighting in the corridors, sassing a teacher or skipping class might have ended up in detention. Today, there’s a good chance they will end up in police custody.

Stephen Perry, now 18 years old, was trying to avoid a water balloon fight in 2013 when he was swept up by police at his Wake County, N.C., high school; he revealed he had a small pocketknife and was charged with weapons possession. Rashe France was a 12-year-old seventh-grader when he was arrested in Southaven, Miss., charged with disturbing the peace on school property after a minor hallway altercation.

In Texas, a student got a misdemeanor ticket for wearing too much perfume. In Wisconsin, a teen was charged with theft after sharing the chicken nuggets from a classmate’s meal—the classmate was on lunch assistance and sharing it meant the teen had violated the law, authorities said. In Florida, a student conducted a science experiment before the authorization of her teacher; when it went awry she received a felony weapons charge.

Over the past 20 years, prompted by changing police tactics and a zero-tolerance attitude toward small crimes, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. Nearly one out of every three American adults are on file in the FBI’s master criminal database.

This arrest wave, in many ways, starts at school. Concern by parents and school officials over drug use and a spate of shootings prompted a rapid buildup of police officers on campus and led to school administrators referring minor infractions to local authorities. That has turned traditional school discipline, memorialized in Hollywood coming-of-age movies such as “The Breakfast Club,” into something that looks more like the adult criminal-justice system.

At school, talking back or disrupting class can be called disorderly conduct, and a fight can lead to assault and battery charges, said Judith Browne Dianis, executive director of the Advancement Project, a national civil-rights group examining discipline procedures around the country. Some of these encounters with police lead to criminal records—different laws for juveniles apply across states and municipalities, and some jurisdictions treat children as young as 16 as adults. In some states, for example, a fistfight can mean a suspension while in North Carolina a simple affray, as it is called, can mean adult court for a 16-year-old.

Unfortunately, it doesn’t end there.

Brushes with the criminal justice system go hand in hand with other negative factors. A study last year of Chicago public schools by a University of Texas and a Harvard researcher found the high-school graduation rate for children with arrest records was 26%, compared with 64% for those without. The study estimated about one-quarter of the juveniles arrested in Chicago annually were arrested in school.

Research by the University of South Carolina based on a multiyear U.S. Bureau of Labor Statistics survey, performed at the request of The Wall Street Journal, found those arrested as juveniles and not convicted were likely to earn less money by the time they were 25 than their counterparts. The study didn’t break out school arrests.

Another consequence: Arrest records, even when charges are dropped, often trail youngsters into adulthood. Records, especially for teenagers tried as adults, have become more accessible on the Internet, but are often incomplete or inaccurate. Employers, banks, college admissions officers and landlords, among others, routinely check records online.

Retired California juvenile court judge Leonard Edwards said the widespread assumption arrest records for juveniles are sealed is incorrect. The former judge, now a consultant with the Center for Families, Children and the Courts, an arm of the state court system, said his research indicates only 10% of juveniles nationally know they must request records be closed or removed.

But that process is complicated and varies from state to state. Even terms like expungement and annulment carry different meanings depending on the state. The process usually requires a lawyer to maneuver the rules and to file requests through courts.

“Our good-hearted belief that kids are going to get a fair shake even if they screwed up is an illusion,” Judge Edwards said.


CRIME REPORTING IN AMERICA: WE’VE GOT A LOT OF IT, BUT IS IT….GOOD?

“If it bleeds, it leads,” is the trope that has long guided a large portion of contemporary news gathering. As a consequence, while the news business continues to struggle to maintain comprehensive news coverage with diminished staffing, there is no shortage of crime reporting.

But, while there is quantity, is there quality? The John Jay Center on Media, Crime and Justice decided to find out. To do so, they conducted a content analysis of six U.S. newspapers over a four week period in March 2014. The study—which looked at the Detroit Free Press, the El Paso Times, the Indianapolis Star, the Camden (N.J.) the Courier-Post, the Naperville (Ill.) Sun and the Flint (Mi.) Journal—resulted in a report that was just released.

As it turned out, researchers Debora Wenger and Dr. Rocky Dailey found that quantity did not necessarily equal quality. In fact, the majority of the crime stories Wenger and Dailey analyzed lean strongly toward “just the facts, ma’am,” and offered little or nothing in the way of context or depth. Yet when it came to perceptions about crime in the city or state, the researchers noted that the news sources covered, the papers’ crime stories were very influential in shaping opinions, including those of lawmakers.

The Crime Report has more on what the study found. Here is a clip from their story:

What may be more surprising is how often stories rely on a single source. About 65 percent of the crime and justice stories overall referenced just one source of information.

At the Camden paper, for example, 84 percent of stories had one reported source, as did 55 percent of those published in The Indianapolis Star.

At every publication in the study, law enforcement officers were the most commonly cited sources by a wide margin, with court representatives, including judges and prosecutors, coming in a distant second. Fox agrees this heavy reliance on the official point of view is one of long standing.

News media tends to take the official side, the prosecution side – this doesn’t surprise me – when a case emerges in the news, that’s often the only side available to the reporter,” said James Alan Fox, a criminologist at Northeastern University in Boston.

Eric Dick, breaking news editor at the Star, told researchers the newspaper likes to add more points of view to stories whenever possible; but for every enterprise story, there are undoubtedly many more briefs.

“I think there are three factors involved. One is the amount of crime: information is readily available that rises to the threshold you need to do a story, but you wouldn’t be able to develop all of them,” Dick said.

The authors of the study said more research could further “quantify whether there is more or less crime coverage occurring in today’s daily metropolitan newspapers than in the past.”

Pointing out that, according to a 2011 survey by the Pew Research Journalism Project, 66 percent of U.S. adults say they follow crime news—with only weather, breaking news and politics garnering more interest—they said such research was “a critical tool for editors, journalists and policymakers” at a time when the criminal justice system was the focus of intense national debate.

“It is imperative that the audience gets the most contextualized and well-sourced coverage possible,” Wenger and Dailey wrote.


Posted in Civil Rights, crime and punishment, criminal justice, Education, Future of Journalism, Innocence, race, race and class, School to Prison Pipeline, Zero Tolerance and School Discipline | 3 Comments »

Judge Slams State With Restraining Order Over Jefferson High’s Scheduling Mess…Powerful Prosecutors…and More

October 9th, 2014 by Celeste Fremon



Alameda County Superior Court Judge George Hernandez Jr. has taken a good look
at the mess that is occurring at LA’s Thomas Jefferson High School, and he is furious.

Here’s the deal: Due to a hideously malfunctioning computer system, Jefferson High—which has been one of LA County’s most troubled high schools off and on for years now— fell into morass of scheduling dysfunction before this school year began in August. Kids were assigned to incorrect classes—in many cases courses they’d already taken. Or worse they were given pretend classes that weren’t classes at all, hours called “Service” periods, or “College Class” or “Adult Class”—each of which turned out, incredibly to provide no instruction. In still other cases, kids were even simply sent home because no classes—even the faux courses—-were available.

Now here we are in October and, according to Judge Hernandez, the debacle is showing no sign of getting straightened out.

As it happens, Jefferson High was already one of nine “high-need schools” named in a class action lawsuit, Cruz v. California, filed this past spring by Public Counsel and the So Cal ACLU (with pro bono support from the law firms Carlton Fields Jorden Burt and Arnold & Porter LLP).

Cruz v. California challenges “California’s failure to provide meaningful learning time to students” of these nine schools.

Thus, thankfully, when the scheduling crisis erupted, there was already a legal instrument in place to address it.

All this brings us to the very unhappy Judge Hernandez who issued a tersely-worded temporary restraining order on Wednesday demanding that, no later than next Tuesday, Oct. 14, the state and LAUSD must come up with a viable plan to get kids back in appropriate classes, and then have the plan and the needed resources in place by no later than November 3.

“Absent such intervention,” wrote the judge, “there is a significant likelihood that Jefferson students will continue to endure chaos and disruption due to ongoing scheduling issues and low morale, will not have the opportunity to enroll in courses needed to graduate or qualify for college admission, will fail courses or receive poor grades due circumstances beyond their control (including the scheduling fiasco and lack of remedial resources) and, as a result, will be less equipped to succeed in life, in the job market, and (if they are able to gain admission) in college.”

The judge wrote a lot more in that vein about the harm he believed had been done to Jefferson’s students who, he noted, were “disproportionately low income, minority, first generation students, foster children and/or English learners.”

(Here’s a link to the order itself.)

Attorneys representing the plaintiffs praised the judge’s speedy action, but slammed California’s Department of Education for its inattention.

“The State stood by for months while students at Jefferson sat in classes they had already passed, made copies instead of learning math, and were sent home midway through the school day,” said Kathryn Eidmann, staff attorney at Public Counsel. “Students, parents, and teachers deserve better. Today’s ruling recognizes that the State must ensure that all California students have a chance to graduate, attend college, and succeed.”

David Sapp, staff attorney at the So Cal ACLU, added that although the situation at Jefferson is extreme, “it’s also typical of students at schools that have been ignored by the state for too long. We need a new attitude from our state leaders that all students deserve the same opportunity to learn,” he said.

Indeed.


HOW PROSECUTORS CAME TO HAVE SO MUCH POWER

“The prosecutor has more control over life, liberty and reputation than any other person in America,” said then U.S. Attorney General Robert Jackson, in 1940.

In the intervening 74 years, prosecutors have gotten more powerful not less, with almost nothing in the way of legal consequences to rein in those prosecutors who choose to misuse their power.

The Economist Magazine has a good story that explores the matter of prosecutorial power.

Here are some clips:

Cameron Todd Willingham was accused of murdering his daughters in 1991 by setting fire to the family house. The main evidence against him was a forensic report on the fire, later shown to be bunk, and the testimony of a jailhouse informant who claimed to have heard him confess. He was executed in 2004.

The snitch who sent him to his death had been told that robbery charges pending against him would be reduced to a lesser offence if he co-operated. After the trial the prosecutor denied that any such deal had been struck, but a handwritten note discovered last year by the Innocence Project, a pressure group, suggests otherwise. In taped interviews, extracts of which were published by the Washington Post, the informant said he lied in court in return for efforts by the prosecutor to secure a reduced sentence and—-amazingly—-financial support from a local rancher.

A study by Northwestern University Law School’s Centre on Wrongful Convictions found that 46% of documented wrongful capital convictions between 1973 and 2004 could be traced to false testimony by snitches—making them the leading cause of wrongful convictions in death-penalty cases. The Innocence Project keeps a database of Americans convicted of serious crimes but then exonerated by DNA evidence. Of the 318 it lists, 57 involved informants—and 30 of the convicted had entered a guilty plea.

[LARGE SNIP]

It is not clear how often prosecutors themselves break the rules. According to a report by the Project on Government Oversight, an investigative outfit, compiled from data obtained from freedom of information requests, an internal-affairs office at the Department of Justice identified more than 650 instances of prosecutors violating the profession’s rules and ethical standards between 2002 and 2013. More than 400 of these were “at the more severe end of the scale”. The Justice Department argues that this level of misconduct is modest given the thousands of cases it handles.

Judge Kozinski worries, however, that there is “an epidemic” of Brady violations—when exculpatory evidence is hidden from defence lawyers by prosecutors. For example, in 2008 Ted Stevens, a senator from Alaska, was found guilty of corruption eight days before an election, which he narrowly lost. Afterwards, prosecutors were found to have withheld evidence that might have helped the defence. Mr Stevens’s conviction was vacated, but he died in a plane crash in 2010.

Prosecutors enjoy strong protections against criminal sanction and private litigation. Even in egregious cases, punishments are often little more than a slap on the wrist. Mr Stevens’s prosecutors, for example, were suspended from their jobs for 15 to 40 days, a penalty that was overturned on procedural grounds. Ken Anderson, a prosecutor who hid the existence of a bloody bandana that linked someone other than the defendant to a 1986 murder, was convicted of withholding evidence in 2013 but spent only five days behind bars—one for every five years served by the convicted defendant, Michael Morton.

Disquiet over prosecutorial power is growing. Several states now require third-party corroboration of a co-operator’s version of events or have barred testimony by co-operators with drug or mental-health problems. Judge Rakoff proposes two reforms: scrapping mandatory-minimum sentences and reducing the prosecutor’s role in plea-bargaining—for instance by bringing in a magistrate judge to act as a broker. He nevertheless sees the use of co-operators as a “necessary evil”, though many other countries frown upon it.

Prosecutors’ groups have urged Mr Holder not to push for softer mandatory-minimum sentences, arguing that these “are a critical tool in persuading defendants to co-operate”. Some defend the status quo on grounds of pragmatism: without co-operation deals and plea bargains, they argue, the system would buckle under the weight of extra trials. This week Jerry Brown, California’s governor, vetoed a bill that would have allowed judges to inform juries if prosecutors knowingly withhold exculpatory evidence.


WHY ARE SO MANY WOMEN IN PRISON IN AMERICA? IT’S THE DRUG WAR, STUPID!

I turns out that nearly a third of the women who are incarcerated worldwide, are locked up in U.S. jails or prisons according to the International Center for Prison Studies. (Of course, given our overall incarceration rate per capita, that should not be surprising.)

The Huffington Post’s Nina Bahadur has more on the story. Here’s a clip:

So, why does America imprison so many women? Mandatory sentencing minimums have led to prison overcrowding in general. An estimated two-thirds of women incarcerated in federal prisons are serving time for nonviolent, drug-related crimes.

Female prisoners are disproportionately women of color, and one study suggests that 44 percent of female prisoners in the U.S. don’t have a high school diploma or GED. Incarcerating women also plays a huge role in breaking up families — 64 percent of female state prisoners lived with and cared for their minor children before their imprisonment.

Posted in Education, Innocence, LAUSD, prison policy, Prosecutors, Sentencing | 2 Comments »

Rigid New Screening Process for Visiting CA Prisoners, Black Girls Face Harsher Discipline at School, Risk Assessment in Sentencing…and More

September 25th, 2014 by Taylor Walker

CDCR ANNOUNCES MORE RIGOROUS SCREENING PROCESS FOR CALIFORNIA PRISON STAFF AND VISITORS, IN ATTEMPT TO CURB DRUGS ENTERING PRISONS

The California Department of Corrections and Rehabilitation has announced that, starting mid-October, state prison staff and visitors will be subject to much tougher screenings, in an effort to cut off prisoners’ access to illegal drugs. Both staff and visitors will be randomly chosen to submit to hand swabs and drug-sniffing dogs. Visitors will be strip-searched if either test suggests contact with drugs. While visitors would be allowed to walk away without submitting to a strip-search, anyone found to have drugs on them would be referred for possible prosecution.

Inmate advocates say the significantly more invasive screening process will rely on methods that are often faulty, and will also likely dissuade inmates’ loved ones from visiting them. This is of particular concern, since visits from family and friends have shown to produce better outcomes for inmates, both during the time they are behind bars, and once they are released back into their communities.

The Associated Press’ Don Thompson has the story. Here are some clips:

“As a family member, it is a serious violation of my human rights to be forced to be humiliated in order to see my brother and give him family support,” Marie Levin of the Prison Hunger Strike Solidarity Coalition said in a statement.

Corrections officials say they are taking the steps to control a growing problem in California’s 34 adult prisons.

“The whole point is to deter and detect trafficking into our prisons,” Department of Corrections and Rehabilitation spokeswoman Dana Simas said. “It’s a serious issue.”

Drug-sniffing dogs discovered 404 pounds of illicit drugs last year and another 29 pounds through the first half of this year, prison officials said. Since July 1, another 26 pounds was discovered without the use of dogs. Each time, marijuana accounted for most of it.

So far this year, the department has had 546 visitors arrested on suspicion of attempting to smuggle drugs and cellphones into prisons.

The state plans to spend at least $30,000 for each of the ion scanners that will be used to test the hand swabs. The machines are identical to those used by airport security to detect traces of explosive materials, but in this case will be programmed to scan for traces of the four drugs: marijuana, heroin, cocaine and methamphetamine.

California plans to install at least two of the detectors at each state prison if funding permits, starting with 11 where illicit drugs are the biggest problem. The emergency regulations are expected to go into effect on a test basis in October.

[SNIP]

Prison advocacy groups criticized the new policy, saying it relies on two methods that sometimes provide false-positive test results. They said the Federal Bureau of Prisons abandoned its use of the ion-detector hand-swabbing machines in 2008 because of complaints about unreliability.

Representatives of national associations representing state prison and county jail officials and state legislators said they were unaware of any other state or local jail currently using the ion scanners.


BLACK FEMALE STUDENTS FACE EDUCATION AND DISCIPLINE DISPARITIES

Black girls frequently receive more severe punishments than white girls for the same offenses at school, despite not being any more likely to act out than their white counterparts, according to a new report from the National Women’s Law Center and the NAACP Legal Defense and Educational Fund.

According to the Dept. of Education, black girls make up 17% of enrolled female students, but receive 31% of girls’ referrals to law enforcement, and comprise 43% of school arrests of all female students.

The Huffington Post’s Rebecca Klein has more on the data. Here’s a clip:

When Georgia high school student Tiambrya Jenkins was in ninth grade, the teen, who is black, got into a fight with a white classmate. Both girls were transferred to an alternative high school as a result, but the white student returned to regular school after 90 days. Jenkins had to stay in the alternative school for a year.

“It was like being in prison,” Jenkins, now 16, said in a press release for the National Women’s Law Center. “The classrooms had no windows. There was an adult in the room, but there was almost no teaching. We’d just sit around and talk until the bell rang. A year later, I was finally sent back to my regular school. But, by then, my classmates were way ahead of me.”

Jenkins’ experience isn’t unusual for black female students, who are routinely given harsher punishments than white students — even though no evidence shows black students are more likely to misbehave, according to a report Tuesday from the National Women’s Law Center and the NAACP Legal Defense and Educational Fund. The report outlines the discipline disparities for African-American girls, and notes that pervasive racial and gender biases in education often prevent students from succeeding.

While black male students are the most frequently suspended, African-American girls also disproportionately receive harsh punishments, the report says. The discipline disparities for black girls are likely related to racial and gender stereotypes that portray African-American females as “loud, confrontational, assertive, and provocative,” the report says.


TAKING A CLOSER LOOK AT RISING USE OF RISK ASSESSMENT IN SENTENCING

The Wall Street Journal’s Joe Palazzolo has an intriguing story about the complexities of judges’ increasing use of risk assessment tools to aid in sentencing rulings.

Risk assessment efforts have been touted as a means of reducing the country’s astronomic prison population and corrections spending by estimating an offender’s risk of reoffending. Judges (and prisons and parole boards) using risk assessment look at factors such as prior offenses, marital status, age, sex, education, employment, and sometimes where a person lives. But while risk assessments are potentially useful, they are also extremely controversial because of a number of possible pitfalls.

In August, in response to a risk assessment bill making its way to Obama’s desk, US Attorney General Eric Holder spoke out against using risk assessment to calculate drug sentences, saying that a number of the criteria (like education and location) may have an adverse effect on minorities and the poor. (California, for instance, uses a misguided form of risk assessment to tack on extra time behind bars via “sentence enhancements.”)

Palazzolo’s WSJ story is behind a paywall. Here’s a relevant clip, for those who don’t subscribe:

Many parole boards now weigh risk scores when considering early release, and prison officials use them to determine the level of security offenders need during their stay. But the adoption of such tools has sparked a debate over which factors are acceptable. Attributes such as age or sex, which employers are generally forbidden from including in hiring decisions, are considered by criminal-justice experts to be strong predictors of whether an offender is likely to commit a crime in the future.

The measures vary widely but generally are based on an offender’s criminal history and, in addition to age and sex, may include marital status, employment and education, according to Sonja Starr, a law professor at the University of Michigan.

Pennsylvania, one of the latest states to turn to actuarial tools in sentencing, is building a test that weighs the nature of offense, criminal history, age, sex and county of residence. The last factor is the most controversial as it could be considered a proxy for socioeconomic status. Missouri takes into account current offense and criminal history, age, whether the offender has a history of substance abuse, education level and employment.

Judges aren’t bound by the evaluations, but there is evidence they are taking them into account. Virginia officials attribute a more than 25% drop in the number of nonviolent offenders sent to prison annually to the assessments, used to score felons convicted of fraud, larceny and drug crimes since 2003. In the past decade, the percentage of offenders serving prison terms for violent crime has risen to 74% from 61%, said Chief Judge Bradley B. Cavedo of Richmond Circuit Court. “It doesn’t really control the outcome, but it is useful information,” he said of the measures.

The efforts have drawn skepticism from Attorney General Eric Holder, who told a group of defense lawyers in Philadelphia last month that basing sentencing on factors such as a defendant’s education level “may exacerbate unwarranted and unjust disparities.”

There is no research yet on whether the use of risk evaluations in sentencing has aggravated, for example, the gap between sentences for black and white men for similar crimes. Ms. Starr said the disparities created by risk measures are evident. “When it comes down to it, these assessments stand for the proposition that judges should sentence people longer because they were in foster care as children or had too many bouts of unemployment,” she said.

Christopher Slobogin, a Vanderbilt University law professor, said the alternative was potentially worse. “At least these risk-assessment instruments don’t explicitly focus on race or poverty, unlike what might occur in a sentencing regime where judges are making risk assessments based on seat-of-the-pants evaluations,” he said.


UNDOCUMENTED AT HARVARD

Dario Guerrero found out he was an undocumented immigrant at age 16. All at once, he learned that he could not obtain a California driver’s license, legally work, visit his family in Mexico, or receive financial aid to attend most US colleges. But a few private colleges, and all Ivy League schools, did offer assistance and full-rides to students in need, and Guerrero found himself accepted to Harvard on a full scholarship.

Here’s a clip from his story for the Washington Post:

A few weeks later, Oscar and I sat down, college applications in hand, to share what we had learned on our travels. We created a Web site for other undocumented students with everything we had learned by e-mail, phone, and in person. We got to work on our applications. Although we were undocumented applicants, most schools still asked to see some proof of income so they could determine our financial-aid award. Thankfully, my parents had filed taxes since the year we arrived; I sent our latest returns.

I applied to every Ivy League school, the University of Chicago, Georgetown, Wesleyan, Washington and Lee, and College of the Atlantic. On Jan. 11, as I sat in the library doing research for a government class project, I got a call from a Massachusetts area code. The Harvard Admissions Committee had voted to send me a likely letter of admission. (Oscar later got a call from Cornell.) And they gave me a full ride. This meant I wouldn’t have to worry about student loans or quarterly tuition payments; that I always had a place to stay away from home; that I could travel every semester, on Harvard’s dime, back to California; that my parents would never have to worry whether I’d finish school. Those are luxuries few people, documented or not, ever have.

I used to think that being undocumented was a disadvantage to me. I used to mourn the fact that I was different. But ultimately I realize that it was because of, not in spite of, my identity — as an undocumented Chicano — that I was been able to do what I did. Being something different in the socioeconomic fabric of the United States gave me the perspective I have.

Posted in CDCR, Education, prison policy, race and class, Sentencing | No Comments »

Groundbreaking for New “LA Model” Youth Probation Camp….CA’s Racial Divide in School Truancy…. Does Childhood “Toxic Stress” Fuel Poverty?

September 15th, 2014 by Celeste Fremon



FRIDAY CEREMONY KICKS OFF WORK ON A NEW MODEL FOR HELPING LAW-BREAKING KIDS IN LA AND BEYOND

“Rehabilitative, not punitive. That’s the message,” said Supervisor Zev Yaroslavsky at Friday’s groundbreaking ceremony for the demolition and replacement of Camp Vernon Kilpatrick.

The now-closed camp, located in the rural hills above Malibu, will be rebuilt as a new kind of juvenile facility that, if all goes as hoped, will not only positively redirect the lives of the kids it serves, but will also fundamentally reboot the direction of LA County’s juvenile probation as a whole.

Camp Kilpatrick is the county’s oldest juvenile camp, and its most run down. So when Probation (with the approval of the LA County Board of Supervisors, and aided by a $29 million state grant) began to develop ambitious plans to completely rethink and rebuild one of its juvenile facilitates, the half-century-old, 125-bed camp Camp Kilpatrick was an obvious choice.

The idea is to transform the aging Malibu facility—which, at present looks like a series of dilapidated prison barracks— into a cluster of homelike cottages that sleep a maximum of 12. Thus both the structure and the programmatic strategy of the new facility will be designed to promote a relationship-centric, therapeutic and educational approach to helping kids, rather than simply trying to control their behavior.

The $48 million project will borrow some elements from the famed “Missouri Model”—-developed by the State of Missouri, and long held up as the most widely respected juvenile justice system for rehabilitating kids in residential facilities. Planners also looked at innovative programs in Santa Clara County, and Washington D.C..

Yet, nearly everyone present on Friday was quick to emphasize that Los Angeles has a particularly diverse youth population, and so needs its own specially-tailored approach.

The goal, therefore, is to create a unique “LA Model,” which borrows from other successful programs, but imagines into being its own original strategy. Ideally, it is hoped that this LA Model will be comprehensive enough that it can be replicated throughout the county system and, with any luck, serve as a model for the state and the nation.

That is, of course, a tall order.

Probation Chief Jerry Powers pointed out that the project—which he calls “a blueprint for our future”—is an unusually collaborative one, with a planning committee that includes juvenile advocates like the Children’s Defense Fund (among others), along with the LA County Office of Education (LACOE), the Department of Mental Health, the Los Angeles Arts Commission, the Juvenile Court Health Services, the Department of Public Works, and so on.

There are even two formerly incarcerated youth who are part of the planning group.

Plus, in the end, it is probation’s project.. And, finally, there is the LA County Board of Supervisors, which has say-so over probation.

Getting this diverse array of people, agencies, and interests to agree on a coherent direction, without that direction becoming hopelessly homogenized, has reportedly been—and still is—challenging, and there have been a plethora of delays. (The new Kilpatrick is set to be completed in late 2016 and open in January 2017.)

All that said, a genuine sense of optimism and we-can-do-it commitment seemed to rule the day on Friday in Malibu.

“If we are going to remove young people from their homes and schools and community at a pivotal time in their development, we better get it right,” said Carol Biondi, of the Los Angeles Commission for Children and Families. Biondi is part of the planning group and was one of the day’s speakers. “There will be no warehousing in the LA Model because we know children do not thrive in storage.”

Indeed they do not.

Alex Johnson, the new head of California’s Children’s Defense Fund, put the optimism of the afternoon in context. “Today’s initiation of demolition efforts at Camp Kilpatrick marks an important step forward for Los Angeles County’s juvenile justice system,” he saidy. “However, much work remains to ensure that all justice system-involved youth are treated humanely and fairly. We applaud the County’s leadership and vision on this initiative, and look forward to continuing to work together to make sure that the Camp Kilpatrick project becomes a springboard for system wide reform.”

Naturally, WLA will be reporting a lot more on this high importance, high stakes project as it progresses.


NEW STATE REPORT SHOWS CALIFORNIA’S DRAMATIC RACIAL DIVIDE WHEN IT COMES TO SCHOOL TRUANCY

On Friday, California Attorney General Kamala Harris released her 2nd annual report on school truancy. This time she also broke the numbers down according to race and income.

The results showed that african American students are chronically truant at a rate that is nearly four greater than California students as a whole. Researchers flagged poverty and school suspensions as significant causal factors.

The report also noted that this attendance crisis has largely remained hidden, simply because the critical data has not previously been tracked. And although the causes of the racial divide require further study, we do know, wrote the researchers, “that African-American children experience many of the most common barriers to attendance—including health issues, poverty, transportation problems, homelessness, and trauma_–in greater concentration than most other populations.”

Julie Watson of the AP has more. Here’s a clip:

The report by the California attorney general’s office is the first time the data has been broken down according to race and income levels. Officials say such data is needed to address the problem.

It comes as new research from the U.S. Education Department’s civil rights arm earlier this year has found racial disparities in American education, from access to high-level classes and experienced teachers to discipline, begin at the earliest grades.

Black students are more likely to be suspended from U.S. public schools — even as tiny preschoolers, according to the March report by the Education Department’s civil rights arm.

The Obama administration has issued guidance encouraging schools to abandon what it described as overly zealous discipline policies that send students to court instead of the principal’s office. And even before the announcement, school districts have been adjusting policies that disproportionately affect minority students. Overall, the data show that black students of all ages are suspended and expelled at a rate that’s three times higher than that of white children. Even as boys receive more than two-thirds of suspensions, black girls are suspended at higher rates than girls of any other race or most boys.

The data doesn’t explain why the disparities exist or why the students were suspended.

In California, the study found 37 percent of black elementary students sampled were truant, more than any other subgroup including homeless students, and about 15 percentage points higher than the rate for all students.

Overall, more than 250,000 elementary school students missed 10 percent or more of the 2013-2014 school year or roughly 18 or more school days. The absences were highest at the kindergarten and first-grade levels when children learn to read, according to experts.

Statewide, an estimated 73,000 black elementary students were truant last school year.


TOXIC STRESS: THE WAY POVERTY REGENERATES

The New York Times Nicholas Kristoff and Sheryl WuDunn have an op-ed essay on the effects of “toxic stress” in a child’s early life, how it helps fuel the cycle of poverty, and what can be done about it.

It’s not a cheery read, but it’s an interesting and makes some important points. Below are a couple of clips to get you started, but it’s really worth it to read the whole thing.

AS our children were growing up, one of their playmates was a girl named Jessica. Our kids would disappear with Jessica to make forts, build a treehouse and share dreams. We were always concerned because — there’s no polite way to say this — Jessica was a mess.

Her mother, a teen mom, was away in prison for drug-related offenses, and Jessica had never known her father. While Jessica was very smart, she used her intelligence to become a fluent, prodigious liar. Even as a young girl, she seemed headed for jail or pregnancy, and in sixth grade she was kicked out of school for bringing alcohol to class. One neighbor forbade his daughter to play with her, and after she started setting fires we wondered if we should do the same.

Jessica reminded us that the greatest inequality in America is not in wealth but the even greater gap of opportunity. We had been trying to help people in Zimbabwe and Cambodia, and now we found ourselves helpless to assist one of our daughter’s best friends.

[BIG SNIP]

The lifelong impact of what happens early in life was reinforced by a series of studies on laboratory rats by Michael Meaney of McGill University in Canada. Professor Meaney noticed that some rat mothers were always licking and grooming their pups (baby rats are called pups), while others were much less attentive. He found that rats that had been licked and cuddled as pups were far more self-confident, curious and intelligent. They were also better at mazes, healthier and longer-lived.

Professor Meaney mixed up the rat pups, taking biological offspring of the licking mothers and giving them at birth to the moms who licked less. Then he took pups born to the laissez-faire mothers and gave them to be raised by those committed to licking and grooming. When the pups grew up, he ran them through the same battery of tests. What mattered, it turned out, wasn’t biological parentage but whether a rat pup was licked and groomed attentively.

The licking and grooming seemed to affect the development of brain structures that regulate stress. A rat’s early life in a lab is highly stressful (especially when scientists are picking up the pups and handling them), leading to the release of stress hormones such as cortisol. In the rats with less attentive mothers, the cortisol shaped their brains to prepare for a life of danger and stress. But the attentive mothers used their maternal licking and grooming to soothe their pups immediately, dispersing the cortisol and leaving their brains unaffected.

A series of studies have found similar patterns in humans

[SNIP]

Dr. Jack P. Shonkoff, founder of the Center on the Developing Child at Harvard University, has been a pioneer in this research. He argues that the constant bath of cortisol in a high-stress infancy prepares the child for a high-risk environment. The cortisol affects brain structures so that those individuals are on a fight-or-flight hair trigger throughout life, an adaptation that might have been useful in prehistory. But in today’s world, the result is schoolchildren who are so alert to danger that they cannot concentrate. They are also so suspicious of others that they are prone to pre-emptive aggression.

Dr. Shonkoff calls this “toxic stress” and describes it as one way that poverty regenerates. Moms in poverty often live in stressful homes while juggling a thousand challenges, and they are disproportionately likely to be teenagers, without a partner to help out. A baby in such an environment is more likely to grow up with a brain bathed in cortisol.

Fortunately, a scholar named David Olds has shown that there are ways to snap this poverty cycle.

Posted in Education, juvenile justice, LA County Board of Supervisors, Los Angeles County, Probation, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

Funding for Relatives Caring for Kids, Bill to Keep Kids Exiting Detention Enrolled in School, LA Metro May Boost Oversight of LASD Contract, and a Non-profit Prison Idea

September 8th, 2014 by Taylor Walker

WILL LA COUNTY ACCEPT MUCH-NEEDED STATE FUNDING FOR KINSHIP CAREGIVERS?

In June, Gov. Jerry Brown allocated $30 million from the state budget for giving relative caregivers the same CalWORKS financial support as non-relative foster parents.

Counties have until October 1 to opt-in to receive the crucial funding. The LA County Department of Children and Family Services says it is considering whether to opt-in, but will make its decision by the deadline.

Giving equal funding to kinship caregivers was one of the Blue Ribbon Commission on Child Protection’s top recommendations for reforming a troubled DCFS.

The Chronicle of Social Change’s Jeremy Loudenback has more on the issue and why it is so important. Here are some clips:

With the highest number of foster children in the state, Los Angeles County could see as much as $25 million in state funds go to family caregivers, according to advocates with the California Step Up coalition. They say the county’s participation in the Relative Caregiver Funding Option Program would lead to greater placement stability, better outcomes for foster children and significant cost savings to the county by avoiding more expensive placement alternatives such as group homes.

“It’s kind of a no-brainer from where we sit,” said Laura Streimer, the legal director at the Alliance for Children’s Rights. “Why not roll the dice and use it now? The majority of the $30 million allocation state budget would come to L.A. County because we have the most children who qualify for it. Why wouldn’t you take that?”

The county’s Department of Children and Family Services (DCFS) is weighing whether or not to opt in. According to a statement emailed to The Chronicle of Social Change by DCFS Public Affairs Director Armand Montiel, Los Angeles County will “resolve the issue” by October 1.

“The Department supports equity for relative caregivers and is preparing a recommendation for our Board regarding this program,” Montiel wrote in an email. “At this point, the State has not finalized the methodology it will use to determine each county’s base caseload and funding level. Understanding the State’s methodology for determining the base caseload and funding is essential in making accurate projections regarding the potential county costs of this program for the first year and for outlying years.”

The clock is ticking.

[SNIP]

Despite recent research that shows that living situations with family members translate to better educational outcomes for foster youth than congregate-care placements like group homes, most relative caregivers receive a paucity of funding that lags behind the support given to unrelated caregivers.

Because of arcane eligibility rules based on the poverty standard from 1996, more than half of all foster children living with relatives do not qualify for federal foster care benefits. For relative caregivers who aren’t eligible for federal money, this means that the only support California offers them are CalWORKs benefits. This ends up being less than half the amount of money non-relative caregivers typically get from the foster care system.

The yawning gap in funding and support has hit family caregivers particularly hard, according to advocates. The scant funding and support provided to family caregivers is seldom enough to care for children who often have specialized care needs that result from experiencing trauma or abuse.

California is “forcing families—primarily low income, single women, and a disproportionate number of African Americans and Latinos—into deep poverty to keep their families together,” Kinship in Action Director Joseph Devall wrote in an email to The Chronicle of Social Change. Kinship in Action supports the rights of family caregivers in South Los Angeles.

The LA Times’ editorial board is also urging the county to opt-in to boosting funding for relatives caring for kids that would otherwise be placed with strangers or sent to group homes. Here’s how it opens:

Thousands of California children who have suffered abuse or abandonment are sent to live with strangers in foster homes. That often happens even if there are extended family members ready and willing to take them in, despite California laws requiring placement with relatives when possible, and even in the face of countless studies that show the kids do better in the long run after stays with relatives rather than strangers.

So why do we keep doing it? Because so many of those relatives, retired or with their budgets maxed out raising their own kids, need a bit of financial assistance to be able to take in their nieces and nephews, siblings or grandchildren — and because under a complicated and outdated set of state, federal and local laws and rules, they can get only a tiny fraction of the funding that non-related foster parents get. Worse yet, there is a shortage of foster parents, so the children often end up being sent to group homes, which are the most expensive option and produce the least desirable outcomes. Government foolishly requires itself to pay more to get worse results.


BILL TO REQUIRE THAT KIDS LEAVING DETENTION CENTERS ARE PROMPTLY RE-ENROLLED IN SCHOOL

Over 42,000 kids attend school in California juvenile detention facilities on average each year, yet only 20% of those re-entering their communities re-enroll in public schools within the first 30 days of their release.

Experts say these kids fall through the cracks due to broken communication between the government agencies responsible for these kids.

An important bill awaiting Gov. Jerry Brown’s signature, AB 2276, would address this issue by ensuring kids exiting detention facilities will be immediately enrolled in school.

New America Media’s Michael Lozano has more on the bill authored by Assemblymember Raul Bocanegra. Here’s a clip:

In high school, Tanisha Denard struggled to get herself to class on time. Her walks from home to John C. Fremont High School in South Central Los Angeles were long, the buses were crowded and when there was space, Denard rarely had the fare. “I got passed by the bus a lot and I didn’t have money,” she recalls.

The truancy tickets piled up – Los Angeles municipal code allows schools to issue citations of up to $250 to tardy and absent students – and so Denard, now 20, whose family was unable to cover the cost, paid her debt by serving time at a county juvenile hall. When she was released, school officials informed her that reenrolling at her old public high school wasn’t an option — she would need to begin the much lengthier process of finding a new school and getting herself enrolled.

Although Denard was eventually able to navigate her way into another school, she is by far the exception. The story of young people leaving the juvenile justice system with no clear academic transition plan is a familiar one to youth advocates, despite existing laws that are meant to avoid such scenarios.

“They’re supposed to be coordinating – there are laws that talk about coordination and communication – but that’s not happening the way it needs to happen,” says Laura Faer, Education Rights Director with Public Counsel, a pro-bono law firm.

What makes AB 2276 different from current laws, says Faer, is the requirement that juvenile probation and county education departments work together to form transition policies in collaboration with local education agencies. In addition, the bill would create a statewide stakeholder group headed by the Superintendent of Public Instruction and Board of State Community Corrections that would study best practices and be required to report back to the state legislature.

Faer has seen plenty of past instances where court school records are not transferred from probation officials to the county office of education immediately upon a child’s release, which in turn creates a negative outcome for the student.

“A student shows up at the school and the school says, ‘you don’t have any of your documents, so you can’t come.’ Or worse, even if they are allowed to go to school, [the schools] don’t know anything about them,” says Faer. “A child [may have] already taken algebra when they were in the hall or in the camp, then they’re put in the exact same classes. Then they get disaffected and they drop out, because they keep getting shuffled and doing the same things over and over again. So that handoff, that transition, is really critical.”


LA METRO WORKS TOWARD ROBUST OVERSIGHT AFTER AUDIT REVEALED LASD MISSED POLICING GOALS

In July, an audit found that the LA County Sheriff’s Department had fallen short of Metro policing goals for reducing crime. The audit came as Metro was considering renewing a three-year contract with the LASD.

Part of the problem, LA Mayor Eric Garcetti says, is a failure to administer adequate oversight.

The mayor (who is also chairman of the Metropolitan Transportation Authority) has proposed a motion to hire several Metro staff to keep track of contract goals, and to have the department’s inspector general audit the LASD-Metro contract every two years.

The LA Times’ Laura J. Nelson has the story. Here’s a clip:

In a motion proposed by Los Angeles Mayor Eric Garcetti, the chairman of the county Metropolitan Transportation Authority, board members asked for several new Metro staff members who would keep tabs on key contract benchmarks, including fare evasion, system safety and response times. The board also asked Metro’s inspector general, the internal agency watchdog, to audit the transit police contract every two years.

The audit, written by an outside firm and commissioned by Metro officials, also faulted the transit agency itself for weak oversight of the contract.

“We didn’t hit some of the most basic things that are part of the contract,” Garcetti said during a meeting at Metro’s downtown headquarters. “We have failed on the oversight.”

The push comes as officials weigh awarding a three-year security contract expected to cost about $400 million. The transit police agreement with the Sheriff’s Department expires Dec. 31.

Sheriff’s Department officials said they agree with the majority of the findings and are working to correct the issues raised in the audit.


TRANSFORMING A PRIVATE PRISON INTO A NON-PROFIT FACILITY

Citizens United for the Rehabilitation of Errants (CURE), a 20,000-member activist group, has proposed that a privately run D.C. jail be transformed into a non-profit-run jail focused on rehabilitating rather than warehousing inmates.

The jail is currently operated by the controversial private prison group, Corrections Corporation of America (CCA), but its contract will end in 2017.

The Huffington Post’s Saki Knafo has more on the unique idea. Here’s a clip:

Citizens United for the Rehabilitation of Errants, or CURE, a prison reform group comprised mainly of former inmates, wants to convert a private jail in D.C. into what they say would be the first nonprofit lockup in the country, if not the world. At this point, the idea is just that — an idea. The group, which claims some 20,000 members throughout the country, convened its first meeting about the proposal on Friday at D.C.’s Harrington Hotel, but has yet to figure out any of the logistics of what they admit would be a complicated, even quixotic effort.

Charlie Sullivan, the executive director of CURE, acknowledged that the idea might make him sound like a knight “chasing after one of those windmills.” Still, he argues that his idealism may be exactly what is needed.

“What both the private and government-run prisons are doing is just holding people,” said Sullivan. “They’re playing defense; we need to play offense. We need to give people an opportunity to change their lives.”

The group has set its sights on the Correctional Treatment Facility, one of the city’s two jails. For nearly two decades, the facility has been run by the Corrections Corporation of America, a for-profit, private prison company based in Nashville, Tennessee. Over the last few years, criticisms of such companies have grown louder, with advocates for inmates saying that private prisons are incentivized to lobby for harsh laws that keep beds filled while skimping on rehabilitation services, training programs for corrections officers, and anything else that could cut into their profit margins.

Posted in DCFS, Education, Foster Care, jail, juvenile justice, LASD, Los Angeles Mayor | 1 Comment »

Middle School Dropouts, Bill Passes to End Prison Sterilizations, Ferguson Protests…and More

August 21st, 2014 by Taylor Walker

CALIFORNIA HAS THOUSANDS OF FORGOTTEN MIDDLE SCHOOL DROPOUTS

More than 6,400 California middle-schoolers (7th and 8th graders) dropped out of school in the 2012-2013 year, more than 1,000 of which were LAUSD students. The number seems relatively low when compared with California’s more than 94,000 high school dropouts each year, so these younger kids are often overlooked and underserved. Most schools do not even have the resources to track them down once they stop showing up.

KPCC’s Sarah Butrymowicz takes a closer look at the issue in a story produced by the Hechinger Report. Here’s how it opens:

Devon Sanford’s mother was diagnosed with pancreatic cancer when he was in the eighth grade. After barely finishing at Henry Clay Middle School in South Los Angeles, he never enrolled in high school. He spent what should have been his freshman year caring for his mother and waiting for police to show up asking why he wasn’t in school.

No one ever came.

“That was the crazy part,” he said. “Nobody called or nothing.”

Thousands of students in California public schools never make it to the ninth grade. According to state officials, 7th and 8th grade dropouts added up to more than 6,400 in the 2012-13 school year – more than 1,000 in the Los Angeles Unified School District alone.

Like Sanford, many of them just disappeared after middle school and never signed up for high school.

But their numbers are so tiny in comparison to California’s more than 94,000 high school dropouts each year that few school districts are paying attention to middle school dropouts.

One sign of the inattention: a 2009 state law mandating California education officials calculate a middle school dropout rate has gone largely ignored, although districts do publicly report the raw numbers.


CALIFORNIA BILL TO BLOCK STERILIZATION OF FEMALE INMATES MOVES ON TO GOVERNOR’S DESK FOR SIGNING

Last year, the Center for Investigative Reporting found that California prison doctors performed 148 unlawful (and ethically questionable) tubal ligations (or “tube-tying”) on female inmates in violation of state law, often without proper legal consent from the women, between 2006 and 2010.

On Tuesday, the state Senate unanimously passed a bill, SB 1135, that would prohibit prisoner sterilizations as a means of birth control, except in the event of a medical emergency or treating an illness.

The bill, now headed for the governor’s desk, would also require the CDCR to provide counseling to women receiving the procedure, as well as post data online about any sterilizations performed. The bill would also provide safeguards for those who might report future misconduct.

Gov. Jerry Brown has until Sept. 30 to sign (or not sign) the bill into law.

CIR’s Corey G. Johnson has more on the bill. Here’s a clip:

The bill, passed unanimously today by the state Senate, would ban sterilizations for birth control purposes in all state prisons, county jails and other detention centers. Surgeries would be restricted to treating life-threatening medical emergencies and addressing physical ailments.

Women would receive extensive counseling, and correctional facilities performing such surgeries would be required to post data about the procedures online. The bill also protects whistleblowers from retaliation for reporting violations.

Sen. Hannah-Beth Jackson, D-Santa Barbara, pushed for the bill after The Center of Investigative Reporting found more than 130 women received tubal ligations in violation of prison rules from 2006 to 2010. Former inmates and prisoner advocates told CIR that prison medical staff pressured women, targeting inmates deemed likely to return to prison in the future.

“It’s clear that we need to do more to make sure that forced or coerced sterilizations never again occur in our jails and prisons,” Jackson said. “Pressuring a vulnerable population into making permanent reproductive choices without informed consent violates our most basic human rights.”


WHAT MADE PROTESTS IN FERGUSON, MO, TURN INTO A WEEK OF VIOLENCE AND DISORDER

NBC’s Andrew Blankstein and Tom Winter have delved into why protests over Michael Brown’s death in Ferguson, MO, spiraled out of control, while nearby protests over an unconnected fatal shooting of a young black man did not turn violent. Here’s how it opens:

The fatal shooting of an unarmed black teenager on Aug. 9 in Ferguson, Missouri has led to angry protests and violent clashes with police that reached a fresh crescendo earlier this week. A second, unrelated fatal police shooting of a young black man just a few miles east on Tuesday, however, sparked protests, but no violence.

Why did events spiral out of control in Ferguson? Why did this little-known St. Louis suburb, with just 21,000 people, explode into more than a week of unrest? Part of the problem seems to have been a series of missteps by local authorities.

Experts from around the nation, including law enforcement officials, academics and civil rights attorneys, cite four factors: A poisoned relationship between a virtually all-white police force and a majority black city; heavy-handed police tactics both before and after the shooting — including a military-style response to the initial protests; and mixed messages from local authorities, some of whom attempted to focus attention on an alleged robbery by the dead teen, Michael Brown, instead of updating the public about the investigation into Brown’s death.

“Put that all together and you have a ready-made disaster,” L.A.-based civil rights attorney Connie Rice told NBC News.

The Police vs. the Public: Rice and others said most of the problems in Ferguson flowed from the almost non-existent connection between the city’s police and its residents. Detective Gabe Crocker, president of the St. Louis County Police Association, which represents many of the area’s officers, told NBC News he thought there had been early friction in Ferguson between police and protesters because there had been “no established lines of communication with community leaders.”

While two-thirds of Ferguson’s citizens are African-American, there are only three blacks on its 53-member police force. Where larger urban departments like the NYPD have used so-called “community-based policing” in recent years to build trust with a diverse public, Ferguson focused on old-fashioned top-down policing and revenue generation. That meant most contact with civilians involved traffic stops and writing tickets – an extraordinary number of tickets for traffic and other offenses. Jeff Smith, an assistant professor of politics at the New School in New York City and a former resident and legislator in St. Louis County, described Ferguson as “a constant, simmering state of tension and mistrust.” Smith said community policing could have reduced tensions, but that “it’s like (Ferguson) missed the whole phenomenon.”

[SNIP]

Changing the Subject: Two related moves last week appeared to defuse tensions. Missouri State Police took over command of the scene from the local cops, and designated Capt. Ron Johnson, an African-American who grew up near Ferguson, as the on-site commander and liaison with the community.

But then Ferguson Police Department Chief Thomas Jackson held a press conference and released documents and surveillance video — over Justice Department objections — allegedly showing that Michael Brown had robbed a convenience store a short time before he was fatally shot. Hours later, Jackson held another press conference to announce that the white officer accused of shooting Brown was unaware of Brown’s alleged involvement in the robbery when he shot him.

Eric Rose, a crisis management expert who advises police organizations across the country, called Jackson’s revelations “foolish,” saying they served “to further incite tensions.”

“The goal should have been to calm things down,” said Rose. “Releasing that information did not serve that purpose.” In high-profile cases, he said, “You never want to go public without truly knowing all the facts and you want to have a clear strategy. In this case, the stakes of being wrong could have meant riots. And that’s exactly what happened.”


CHILD WELFARE TRANSITION TEAM AND SUPERVISORS DIFFER ON HOW TO MOVE FORWARD

At the end of June, the LA County Board of Supervisors appointed a nine-member transition team to assist in the creation of a child welfare czar meant to oversee the implementation of child welfare reforms suggested by the Blue Ribbon Commission on Child Protection.

On Tuesday, in their first progress report to the Board of Supervisors, transition team members outlined qualifications the Office of Child Protection should have. Co-chairs Leslie Gilbert-Lurie and Mitchell Katz and team member Janet Teague also asked for an executive director to keep the group focused and moving forward on reforms until the czar can be put in place.

Supervisor Zev Yaroslavsky said that the hiring of a child welfare czar was of higher importance than the hiring of an executive director, and that the BOS never approved staff for the transition team. Yaroslavsky also suggested that there might be a calculated delay on hiring a czar until he and Supe Gloria Molina are termed out of office in December.

Supe Mark Ridley-Thomas urged the board to continue implementing the Blue Ribbon Commission’s other recommendations while the search for a czar continues.

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

In its first report to the Board of Supervisors, transition team co-chairs Leslie Gilbert-Lurie and Mitchell Katz and team member Janet Teague presented the group’s work over the course of the past month. Those efforts have largely centered on clarifying the role and desired qualifications of the incoming director of the Office of Child Protection.

“The founding director of the Office of Child Protection will have the opportunity to forge a transformational process for the children of Los Angeles County and we hope you see it the same way,” Gilbert-Lurie said while addressing the Board of Supervisors at the August 19 meeting.

But the transition team remains hindered by confusion about its responsibilities beyond assisting in the search for a leader of the new office and questions about staffing support that team members say would help speed up the implementation of reforms suggested by the Blue Ribbon Commission.

“What bothers me is that we’re not seeing eye to eye on what’s the most important thing for us,” said Supervisor Zev Yaroslavsky. “The most important thing is getting the Office of Child Protection person hired. The search firm in my opinion is moving very slowly, too slowly, and is responding to too many people. It’s August 19 and we’re no closer to hiring, or even searching for the office of child protection than we were a month ago.”

Transition team member Gilbert-Lurie argued that the team needs additional resources and support in the form of an executive director to accelerate efforts at implementing further recommendations.

“You have herded a group with a wide range of talents—we have doctors, Ph.D.s, judges, lawyers,” Gilbert-Lurie said. “But we need someone whose eye is on the ball of moving this forward. We believe there’s a lot of information that could be helpful in working with department heads. [We could] leverage the best of what you have in the county if there is someone available to take our ideas and help implement them when we’re working in our day jobs. We don’t believe we have access to that sort of person with that executive experience right now on a full enough time basis.”

Posted in DCFS, Education, LA County Board of Supervisors, LAUSD, Police, prison, women's issues | 18 Comments »

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