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John Legend’s Oscar Night Statement….Tech Education for Kids in Lock Up… The Bail Industry Fights Back….Will CA Regulate Solitary for Juveniles?…

February 24th, 2015 by Celeste Fremon

In addition to Monday morning’s expected post-Oscar commentary on winners, losers, and the various best and worst dressed, we were pleasantly surprised to note that there was also a lot of attention paid to a particular part of musician/composer John Legend’s acceptance speech in which he referred to the alarming number of black men in America’s prisons. The singer/songwriter’s assertions evidently sent reporters and commentators scurrying to find out if what Legend said was factually accurate. (Answer: Yes.)

Here, for example, is a clip from a story by Max Ehrenfreund for the Washington Post’s WonkBlog:

The artists John Legend and Common received an Academy Award Sunday night for “Glory,” their song in the film “Selma.” In his acceptance speech, Legend called for reform of the U.S. criminal justice system. “There are more black men under correctional control today than there were under slavery in 1850,” he noted.

It’s true. There are some, as Politifact has written, 1.7 million black men under some form of correctional control, including probation and parole, excluding those held in local jails on any given day. That is about twice the 870,000 or so black men at least 15 years old who were enslaved in 1850, according to the Census (warning: big file).

In some ways, of course, the comparison is misleading. Although there are more blacks under correctional control now than there were slaves before the Civil War, the population has a whole has grown tremendously in that time. The Census that year found that roughly nine in 10 of the nation’s 3.6 million blacks were enslaved. By contrast, one in 11 blacks is under correctional supervision today, according to The Pew Charitable Trusts.

And it would be wrong to obscure the horrors of slavery by comparing that peculiar institution to today’s systems of probation and parole (although in modern prisons, practices such as solitary confinement are indeed profoundly damaging to inmates).

In other ways, though, these numbers conceal the size of our criminal justice system and its consequences, especially for blacks — in a society that, unlike that of the 1850s, is supposed to be free and equitable…

Read the rest. (And then listen.)


CAN TECH TRANSFORM EDUCATION FOR LOCKED-UP KIDS?

On any given day more than 60,000 kids under the age of 21 are confined to juvenile facilities in America. The majority of those kids are already behind in school when they encounter the juvenile system. And most have experienced one or more serious traumas in their childhood of the kind that have been shown to have had a negative impact on school performance and behavior.

In theory, the time those same kids spend locked up should be a stable period in which they can begin to catch-up on their education without distractions. Thus, most kids should be able to leave the facility better able to succeed in school than when they came in.

Unfortunately, in too many cases, the opposite is true. The education they receive is often sub-par in quality; the environment more punitive than rehabilitative, and not overly conducive to learning.

With these problems in mind, late last year the Department of Justice and the Department of Education put out an advisory to state educational officers urging them to make changes:

For youth who are confined in juvenile justice facilities, providing high-quality correctional education that is comparable to offerings in traditional public schools is one of the most powerful – and cost-effective – levers we have to ensure that youth are successful once released and are able to avoid future contact with the justice system. High-quality correctional education, training, and treatment are essential components of meaningful rehabilitation because these equip youth with the skills needed to successfully reenter their communities and either continue their education or join the workforce.

On Monday and Tuesday, Adriene Hill reported for NPR’s Marketplace on two examples of facilities that are already doing what the DOJ and DOE describe—in particular by focusing on the educational technology that has become common in America’s public schools.

The first such facility Hill singles out is The Wyoming Girls’ School in Sheridan Wyoming.

Here’s a clip from the story:

“Technology is no longer the way of the future,” says Chris Jones, superintendent of the Wyoming Girls’ School, which was one of the first secure juvenile justice facilities in the country to embrace the digital classroom. “It is the status of the current. So it is our job as educators to integrate that into how we are educating kids.”

To that end, the school has incorporated educational technology in nearly all its classes, as well as in sports. In geography class, for instance, students use Google Earth to explore the streets of Manhattan and other cities. In horticulture, they will soon be using iPads to monitor temperature and humidity in the greenhouse. And, in computer science class, girls are learning to code.

Teacher Jordan O’Donnell, who has been instrumental in bringing tech into the school, says he is trying to, “empower these students here to think them beyond what got them here to get them involved in coding, STEM, science technology engineering and math.”

Fourteen-year-old Shawnee, who asked her last name not be used, has been at the school for just under five months. In that time, coding has become her thing. She says it gives her a sense of control.

“When people mediate they do that to come at peace with themselves,” she says, in a way that makes her sound much older than she is. “That’s kind of what coding is for me, it’s my meditation.”

She’s already taken the computer science class offered by the school, so she’s doing a more in-depth online class in her free time. She says, ultimately, she wants to get a degree in computer science, then go work for Google. Or a video game company.

“If I hadn’t been here and hadn’t discovered coding, I would be running around like a chicken with their head cut off trying to figure out what I’m doing to do with my future,” she says. She also points out cutting class isn’t exactly an option.

Wednesday, we’ll excerpt from Hill’s story on a facility in San Diego that plans to give every kid a laptop.


THE BAIL INDUSTRY WANTS TO BE YOUR JAILER

The United States is one of only two countries with a private bail industry. (The other is the Philippines.)

In England and Canada, making a profit by posting a defendant’s bail is a crime, while in America, the bail bond business has grown to approximately $14 billion, and the average bail amounts levied by courts have more than doubled since 1994, largely due to the aggressive lobbying of the bail industry.

In the past few years, however, studies have repeatedly shown that the over-use of bail has disproportionately penalized the poor, while resulting in overcrowded jails with no benefit to public safety. To the contrary, the inability to make bail has been found to greatly diminish offenders’ ability to resume a normal life once they do get out, and to significantly raise the likelihood that they will recidivate. As a consequence, an increasing number of states and municipalities are starting to consider a system of pre-trial release for those charged with lower-level nonviolent offenses.

Naturally, the bail industry is fighting back.

Alysia Santo of the Marshall Project has the story.

Here’s how it opens:

In a Dallas Hilton conference room last summer, a few dozen state lawmakers from around the country gathered for a closed-door presentation about an all-American industry under threat. The pitch was part of an annual conference hosted by the American Legislative Exchange Council (ALEC), a powerhouse conservative consortium that promotes — and often drafts — pro-business legislation. The endangered industry was bail.

Bail is an essential lubricant of American justice, asserted Nicholas Wachinski, executive director of the American Bail Coalition, a trade group for insurance companies that underwrite bail bonds. But now bail agents are under siege by so-called reformers, who argue that the traditional bail system forces poor defendants to choose between paying fees they can’t afford and sitting in jail until they go to trial. A growing number of states — New Jersey, Colorado, Virginia, Delaware, West Virginia, Hawaii and others — are limiting the use of bail for defendants who don’t pose a threat, or replacing for-profit bail with government supervision.

Of course, Wachinski said, the bail bond industry will continue its tireless lobbying to protect its lucrative franchise, but he was there with another message: Innovation! New products! New markets! “A brave new world!” Why should bail bonds be only for defendants who are awaiting trial? How about bail bonds for a whole new class of customers: people who have already been convicted.

“My task,” Wachinski told the crowd, “is to bring the sexy side of bail back.”

In a courtroom just outside Jackson, Mississippi, Kristina Howell was about to experience a new, “sexy side of bail.”After spending two days and nights in jail for drunk driving this past August, Howell was brought to the Byram city court, where she pled guilty and was told she had to pay a fine of $1,044. If she couldn’t come up with the money on the spot, she was headed back to jail. “I panicked,” said Howell, who lives and supports her son “paycheck to paycheck.”But there was one other option. The judge explained to Howell that she could avoid jail by purchasing a new kind of bail bond, a post-conviction device that bail agents in Mississippi are busily promoting around the state. It would cost $155, and would buy her two extra months to come up with the money to pay her fine. Howell was then escorted to another room, where Patty Hodges from the Mississippi Bonding Company sat ready with the paperwork….


ADVOCATES RAMP UP SUPPORT FOR LENO BILL LIMITING SOLITARY CONFINEMENT IN JUVENILE FACILITIES

In January of this year, state senator Mark Leno introduced a bill that would limit the use of solitary confinement at state and county juvenile correctional facilities.

The bill—SB 124— is co-sponsored by the Ella Baker Center for Human Rights, California Public Defenders Association, Youth Justice Coalition and Children’s Defense Fund-California.

Specifically, SB 124 would:

• Define solitary confinement as the involuntary placement in a room or cell in isolation from persons other than staff and attorneys.
• Provide that solitary confinement shall only be used when a young person poses an immediate and substantial risk of harm to others or the security of the facility, and when all other less restrictive options have been exhausted.
• Provide that a youth shall only be held in solitary confinement for the minimum time necessary to address the safety risk.
• Empower existing county juvenile justice commissions to report on the use of solitary confinement in juvenile facilities.

This spring the proposed legislation will be heard in the Senate Public Safety Committee, so on Tuesday, its advocate co-sponsors issued a statement ramping up support. Here’s a clip from the Children’s Defense Fund’s letter:

Solitary confinement is particularly psychologically damaging for young people who already arrive having experienced a history of trauma in their lives, which encapsulates between 75 and 93 percent of youth in the juvenile justice system. Practices such as solitary confinement can contribute to re-victimization and re-traumatization of these young people.

The Substance Abuse and Mental Health Services Administration, as early as 2006, found that children are particularly at high risk of death and serious injury as a result of the use of seclusion and restraint, especially children with mental disabilities. In April of 2012, the American Academy of Child & Adolescent Psychiatry noted the psychiatric impact of prolonged solitary confinement including depression, anxiety, and psychosis, and also finding that the majority of suicides occurred in juvenile correctional facilities when the individual had been isolated or confined…

Posted in Education, juvenile justice, pretrial detention/release, prison policy, race, race and class, racial justice, solitary | 3 Comments »

New Bureau of Children’s Justice, the CORRECTIONS Act, $8.3M for Wrongful Death in Jail, and Jefferson High Scheduling Update

February 13th, 2015 by Taylor Walker

NEW CALIFORNIA DOJ BUREAU TO TACKLE CHILDHOOD TRAUMA, SEX TRAFFICKING, AND OTHER ISSUES FOSTER KIDS FACE

On Thursday, California Attorney General Kamala Harris announced the launch of the Bureau of Children’s Justice.

The bureau will target childhood trauma, juvenile justice, sex trafficking, truancy (and other education issues), with a particular emphasis on kids in foster care.

In a letter sent to officials in each California county, the attorney general announced the new bureau and passed along a list of the rights of foster kids, and a reminder of their duty to protect those rights.

The CA Department of Justice was also selected (one of only three state departments) to participate in the Defending Childhood initiative, a federal effort targeting childhood trauma from exposure to violence.

Here’s a clip from AG Harris’ announcement:

The Bureau will enforce criminal and civil laws to hold those who prey on children accountable; work with a range of local, state, and national stakeholders to increase support for vulnerable children to prevent bad outcomes; and identify and pursue improvements to policies impacting children.

“We simply cannot let down our most vulnerable children today, then lock them up tomorrow and act surprised,” said Attorney General Harris. “The Bureau of Children’s Justice will continue our smart on crime approach by addressing the root causes of crime, including our broken foster care system, and making certain that California’s children receive full protection under the law and equal opportunities to succeed. One of the Bureau’s first orders of business will be to look at enforcement gaps in the foster care system and ensure that government agencies are held accountable to those entrusted in their care.”

[SNIP]

Attorney General Harris also announced that the California Department of Justice was one of just three state agencies accepted by the U.S. Department of Justice to be part of its national Defending Childhood Initiative. Through this initiative, California will work to improve outcomes for children exposed to trauma by ensuring that at-risk children are screened for exposure to violence at school, when they visit a pediatrician, or when they become involved with child welfare and juvenile justice systems.

“I commend Attorney General Harris for taking this important step to protect the youngest and most vulnerable Californians,” said Dr. Robert K. Ross, President and CEO, The California Endowment. “The Bureau of Children’s Justice will watch over our state’s legal system and guarantee greater protection for our children, safeguarding their physical, social and emotional health and helping to ensure that everyone has the opportunity to grow up healthy and safe.”

And here’s who will run the bureau:

The Bureau will be staffed by attorneys and experts on legal issues impacting children, including civil rights, education, consumer protection, nonprofit charities, child welfare, privacy and identity theft, fraud, and human trafficking.


FED. CRIMINAL JUSTICE REFORM BILL WITH BEST CHANCE OF PASSING IS UNFAIR TO MINORITIES, BUT BETTER THAN NOTHING

The CORRECTIONS Act, introduced Tuesday by Senators John Cornyn (R-TX) and Sheldon Whitehouse (D-RI), would allow federal inmates viewed as low-risk to take part in education programs and prison jobs that would take time off their sentences. The problem is that, because of who the bill excludes and how risk-assessment tools decide how much time to shave off, it will likely mostly help white people and people doing time for white-collar crimes.

While it seemed that the bipartisan criminal justice reform would have big potential during the 114th Congress, CORRECTIONS may be the only criminal justice reform bill that has a chance of making it through Congress and past the Senate Judiciary Committee and it’s non-prison-reform-minded chairman Sen. Chuck Grassley (R-IA).

Vox’s Dara Lind explains the bill’s exclusions and risk assessment, and why the CORRECTIONS Act will disproportionately serve white people. Here are some clips:

The bill excludes any inmate with a “criminal history” that places them in the highest category under the federal sentencing guidelines. The problem is that someone gets placed in that category automatically if they’re labeled a “career offender,” which just means three convictions at either the state or federal level for drug or violent crimes. Most “career offenders,” according to the US Sentencing Commission, are African Americans — simply because it’s easier to arrest and prosecute them for “offenses that take place in open-air drug markets, which are most often found in impoverished minority neighborhoods… [This] suggests that African-Americans have a higher risk of conviction for a drug trafficking crime than do similar White drug traffickers.” In 2000, 69 percent of newly-sentenced “career offenders” were black. (Interestingly, only 17 percent were Hispanic.)

[SNIP]

Anyone convicted of participating in a “continuing criminal enterprise.” This is another label that’s typically applied to drug offenders — anyone who’s an “organizer, supervisor or manager” of a group of five or more people dealing drugs can be hit with a conviction for a “career criminal enterprise.” The statute isn’t used that often — only 239 people were convicted under it from 2006 to 2013, according to data from the US Sentencing Commission. But 77 percent of the time, it was used against black or Hispanic defendants.

[SNIP]

…how does the government determine how likely someone is to recidivate? The bill tells the federal government to come up with a risk assessment tool. These tests are used in several states and in federal court to figure out how best to manage an inmate’s case — or to determine whether someone should be put on probation instead of prison to begin with. But most states shy away from using them to determine the length of an inmate’s sentence.

And there’s a reason for that. Some of the factors used to determine recidivism risk are “dynamic” — they’re factors that an individual can change over time. But others are “static” factors: they say more about the environment where an inmate lives, or where he grew up, than about his own behavior.

One of the major risk-assessment tools treats drug use, low education level, and frequent changes in residence as factors that put someone at higher risk to recidivate. Even factors that look fair on the face of it, like the age an inmate was when he was arrested for the first time, can just mean that the inmate lived in a neighborhood where teenagers (or younger) were under police suspicion.


RECORD-BREAKING WRONGFUL DEATH SETTLEMENT FOR INMATE WHO DIED AFTER BEING TASERED DURING ALCOHOL WITHDRAWALS

The Alameda County Board of Supervisors and a jail health care company will pay $8.3 million to the children of Martin Harrison, an Alameda County inmate who died after being tasered by ten deputies. The sum sets the record for the largest wrongful death settlement in a civil rights case in state history, according to the Harrison family’s attorneys. A separate $1 million was awarded to one of Harrison’s kids who was still a minor.

The family’s attorneys said that although Harrison informed the LVN that he had a history of alcohol withdrawal, he died during the violent encounter with deputies while suffering from severe alcohol withdrawal.

Harrison was stopped for jaywalking and arrested for failing to appear for his DUI court date.

As part of the settlement, the for-profit Corazon Health, Inc. will change the practice of hiring Licensed Vocational Nurses instead of Registered Nurses (as state law requires) to perform inmate medical intakes.

Contra Costa Times’ Malaika Fraley has the story. Here’s a clip:

Harrison, 50, died in August 2010 two days after be was beaten and Tased by 10 deputies at the Santa Rita Jail. His children’s attorneys say Harrison was hallucinating from a severe form of alcohol withdrawal known as delirium tremens for which he should have been hospitalized, and he never fought back. He was in jail on a warrant for failing to appear in court in a DUI case after being arrested for jaywalking.

Corizon is one of the largest for-profit correctional health care providers in the country and holds a $210 million contract to provide health care services in Alameda County’s Santa Rita and Glenn Dyer jails. Under state law, the company is required to have registered nurses (RNs) assess inmates upon intake, but Harrison’s medical screening was done by an unsupervised licensed vocational nurse (LVN), Sherwin said.

“If the deputies had been trained, and if Corizon had had an RN instead of an LVN do the intake medical assessment then we all would not be here today,” Sherwin said at a news conference attended by Harrison’s family.

Corizon Health said that Harrison did not alert the LVN that he had a history of alcohol withdrawal, while the plaintiff’s attorneys said that he did.

(Alameda is another municipality that might want to enter the MacArthur Safety and Justice Challenge.)


PROGRESS MADE TOWARD FIXING JEFFERSON HIGH’S SCHEDULING CRISIS

Last October, an Alameda County Superior Court judge issued a Temporary Restraining Order demanding the California Department of Education help the LAUSD fix scheduling issues at LA’s Thomas Jefferson High School that gave kids filler classes and sent them home early, throwing many off the track to graduation.

Four months later, repairs have been made to the data system, more teachers have been hired, classes have been added, and the number of students in the inaccurate or non-instructive classes has dropped. But there is still much to be done.

Adolpho Guzman-Lopez has a welcome update on the Jefferson scheduling debacle. Here’s a clip:

Castillo was one of 150 students who were enrolled at the start of the school year in “home” periods, meaning they were sent home early. Others were assigned “service” periods where students helped as aides in offices and classrooms, but received no academic instruction. Students were enrolled in non-academic classes because the school didn’t have courses that they hadn’t already taken.

Other students spent weeks in the school’s auditorium, cafeteria and library waiting for their schedules to be fixed. Advanced Placement classes were all scheduled at the same time, limiting students’ ability to take higher level courses. Teachers began taking attendance by hand.

The litany of MiSiS-related problems went on for weeks.

At one point Jefferson students, fed up with the situation, staged a peaceful on-campus protest.

[SNIP]

David Sapp, a lawyer for the students who sued to fix the problems, is happy with the improvements at Jefferson, but not with the way the school was forced to make changes.

“We shouldn’t put the burden on students to go out and find lawyers to have to go and get a court order to fix this,” he said.

Not all of the school’s problems are solved. Foote says 90 students are still sent home early because of scheduling problems. As of last month L.A. Unified reported that MiSiS continued to have problems accurately counting English learner students and giving parents access to their child’s data and not other students.

Posted in Department of Justice, Education, Foster Care, juvenile justice, Kamala Harris, LAUSD, racial justice, Trauma | 3 Comments »

“Black Girls Matter,” Refugee Camps, Life as a Black Cop, LA Jail Suicides Down

February 9th, 2015 by Taylor Walker

BLACK GIRLS EXPERIENCE AS MUCH (OR MORE) RACIAL INEQUALITY AS BLACK BOYS, BUT DO NOT RECEIVE AS MUCH HELP

In the United States, black girls experience racially disparate school discipline at significantly higher rates than black boys (vs. white girls and white boys). US Department of Education data for the 2011-2012 school year reveals that while black boys are suspended three times more often than their white counterparts, black girls are suspended six times more often than their white peers.

In New York City and Boston, where more black kids are enrolled into the school systems than white kids, the disparity is even more stark. Black girls in NYC and Boston are 10 and 11 times more likely to be suspended than white girls, respectively.

A report from Columbia Law School and the African American Policy Forum, analyzed this data along with personal experiences from interviews with young black girls in New York City and Boston between 2012-2013.

Among other findings of the report, girls felt that zero-tolerance school policies were not conducive to a positive learning environment, and often dissuaded them from attending school altogether. Girls said that increased police and security presence, as well as metal detectors made them feel uncomfortable and less safe. Girls also reported receiving more severe discipline than boys for the same infractions.

A law professor at UCLA and lead author on the report, Kimberlé Crenshaw, said, “As public concern mounts for the needs of men and boys of color through initiatives like the White House’s My Brother’s Keeper, we must challenge the assumption that the lives of girls and women—who are often left out of the national conversation—are not also at risk.”

The report recommends equal funding for supporting girls and women of color as boys and men of color, as well as boosted data collection, research, advocacy, and programs.

Here are clips from a few more of the report’s findings…

The failure of schools to intervene in the sexual harassment and bullying of girls contributes to their insecurity at school:

Participants and stakeholders addressed the consequences of sexually harassing behavior, physical and sexual assault, and bullying. The emphasis on harsh disciplinary measures did little to curb such behavior. In fact, zero-tolerance policies sometimes exacerbated the sense of vulnerability experienced by girls because they feared they would be penalized for defending themselves against aggressive behavior. One participant recalled that her long history of suspensions and expulsions began with what she believed to be an unfair punishment in response to assaultive behavior by a male classmate:

This boy kept spitting those little spitballs through a straw at me while we were taking a test. I told the teacher, and he told him to stop, but he didn’t. He kept on doing it. I yelled at him. He punched me in the face, like my eye. My eye was swollen. I don’t remember if I fought him. That’s how it ended. We both got suspended. I was like, ‘Did I get suspended?’ I was, like, a victim.

Stakeholders observed that teachers were some times unprepared to resolve matters associated with sexually harassing behavior.

It was remarkable how teachers have a culture of sweeping it under the rug. They will say that ‘boys will be boys’; ‘this is sexual awakening.’ Yet they know all the gossip, they know all the stuff that is happening. . . . [T]hey even talked about girls feeling shamed coming to school, like they can’t concentrate because the boys are making comments – lewd comments – constantly pressuring them to have sex with them. Slapping their butts and bras, and just sort of forcing themselves on them against the wall or the locker. . . .

Girls sometimes resort to “acting out” when their counseling needs are overlooked or disregarded:

In environments in which discipline is foregrounded over counseling, girls who seek help in response to traumatic experiences or who have other unmet needs may gain the attention of school personnel only when they “show their face” (act out) in ways that prompt disciplinary intervention:

The only way they’re going to know there’s something wrong with you is if you show your face. If you try . . . to go in there, try to sit there, one on one, they can automatically think you’re there to waste time and not to go to class. It’s like they shutting down on us.

This point was augmented by stakeholders who noted that some of the behavior that triggers the suspension or expulsion of girls may reflect the consequences of untreated trauma. While the problem of undiagnosed needs is not exclusive to girls, their concerns may be harder to address prior to a punishable act:

I think girls tend to not express the trauma . . . and that is a big problem. In the school you focus on the people who are acting out so some are getting their needs met, but this doesn’t mean that those that aren’t acting out are not in need. It plays itself out later on. . .

…and recommendations:

Review and revise policies that funnel girls into the juvenile justice system:

The lack of counseling and other effective conflict intervention strategies leads many girls into contact with the juvenile justice system. Schools should review their current policies and develop more robust measures to ensure that student conflict is not unwarrantedly subjected to criminal sanctions.

Devise programs that identify the signs of sexual victimization in order to support girls who have been traumatized by violence:

Schools must train educators to identify signs of sexual abuse and respond with therapeutic interventions. In so doing, they should develop protocols and policies that streamline their responses to suspected instances of abuse.

Advance and expand programs that support girls who are pregnant, parenting, or otherwise assuming significant familial responsibilities:

Lack of childcare, strict attendance policies, unsafe campuses, and untrained administrators contribute to school push-out of pregnant or parenting girls. Schools, stakeholders, and advocates must work to create policies that are sensitive to the needs of pregnant girls as well as girls who take on significant caretaking responsibilities.


WHAT HAPPENS TO WOMEN AND CHILDREN REFUGEES WHO ENTER THE UNITED STATES

The NY Times Magazine’s current cover story by Wil Hylton takes a look at America’s controversial detention camps chock-full of women and children refugees fleeing from violence in Central America.

In these family camps, mothers are regularly held without bond (and without guaranteed legal representation), and kids’ health and schooling needs often go unmet.

Here’s how Hylton’s story opens:

Christina Brown pulled into the refugee camp after an eight-hour drive across the desert. It was late July of last year, and Brown was a 30-year-old immigration lawyer. She had spent a few years after college working on political campaigns, but her law degree was barely a year old, and she had only two clients in her private practice in Denver. When other lawyers told her that the federal government was opening a massive detention center for immigrants in southeastern New Mexico, where hundreds of women and children would be housed in metal trailers surrounded by barbed wire, Brown decided to volunteer legal services to the detainees. She wasn’t sure exactly what rights they might have, but she wanted to make sure they got them. She packed enough clothes to last a week, stopped by Target to pick up coloring books and toys and started driving south.

As she pulled into the dusty town of Artesia, she realized that she still had no idea what to expect. The new detention center was just north of town, behind a guard station in a sprawling complex with restricted access. Two other volunteers had been in town for about a week and had permission from federal officials to access the compound the following day.

Brown spent the night at a motel, then drove to the detention camp in the morning. She stood in the wind-swept parking lot with the other lawyers, overlooking the barren plains of the eastern plateau. After a few minutes, a transport van emerged from the facility to pick them up. It swung to a stop in the parking lot, and the attorneys filed on. They sat on the cold metal benches and stared through the caged windows as the bus rolled back into the compound and across the bleak brown landscape. It came to a stop by a small trailer, and the lawyers shuffled out.

As they opened the door to the trailer, Brown felt a blast of cold air. The front room was empty except for two small desks arranged near the center. A door in the back opened to reveal dozens of young women and children huddled together. Many were gaunt and malnourished, with dark circles under their eyes. “The kids were really sick,” Brown told me later. “A lot of the moms were holding them in their arms, even the older kids — holding them like babies, and they’re screaming and crying, and some of them are lying there listlessly.”

Brown took a seat at a desk, and a guard brought a woman to meet her. Brown asked the woman in Spanish how she ended up in detention. The woman explained that she had to escape from her home in El Salvador when gangs targeted her family. “Her husband had just been murdered, and she and her kids found his body,” Brown recalls. “After he was murdered, the gang started coming after her and threatening to kill her.” Brown agreed to help the woman apply for political asylum in the United States, explaining that it might be possible to pay a small bond and then live with friends or relatives while she waited for an asylum hearing. When the woman returned to the back room, Brown met with another, who was fleeing gangs in Guatemala. Then she met another young woman, who fled violence in Honduras. “They were all just breaking down,” Brown said. “They were telling us that they were afraid to go home. They were crying, saying they were scared for themselves and their children. It was a constant refrain: ‘I’ll die if I go back.’ ”

Do yourself a favor and read the rest of this fantastic (and lengthy) story.


SAN BERNARDINO COP ON WHAT IT’S LIKE TO BE A BLACK OFFICER IN THE US

As a black police officer in the city of San Bernardino, CA, Darren Sims is a minority on both sides of the badge.

According to 2011 Census data, San Bernardino has the highest poverty level of a city with a population over 200,000 in California, and the second highest nationally (behind Detroit). San Bernardino’s crime rates are also significantly higher than the state and national averages.

San Bernardino has struggled with creating a police department representative of the city’s population. Around 9% of SBPD officers are black, compared with a 15% black community. Latinos comprise just 28% of the police force, in contrast to 60% of citizens. And the department and city are 59% and 19% white, respectively.

In an interview with Bloomberg’s Esme Deprez, Sims shares what it’s like to be a black cop in San Bernardino. Here are some clips:

For Sims, the combination of black skin and blue uniform makes him feel, by turns, like a threat and a target. Last summer, his beat partner almost died after being shot in the head, an event that still haunts him. He empathizes with minorities who feel unfairly treated, yet he’s also been the target of their scorn. As an officer, he says, he upholds the law, regardless of a lawbreaker’s race.

San Bernardino, a city of 214,000 people 60 miles east of Los Angeles, has long been one of the most dangerous of its size. Things have gotten only worse after the city declared bankruptcy in August 2012. The police force has shrunk to 230 officers from more than 350. Homicides surged to 46 in 2013 from 32 in 2009.

Those numbers are why Sims, who grew up in nearby Riverside, wanted to join the department: Higher crime means more people in need of protection. In August 2013, he was sworn in, following stints counseling troubled youth at group homes, supervising park workers in nearby Moreno Valley and playing football at Kentucky State University.

Sims describes those drawn to policing as protectors of everyday citizens — sheep — from criminals intent on doing harm — wolves.

“Racism does exist,” he said recently, after an all-night shift. “I don’t believe it’s the underlying factor, the underlying thing, that drives law enforcement to oppress a certain person, a type of people, a certain demographic of people.”

[SNIP]

In uniform, his medium-brown skin invites taunts: Oreo, sellout, Uncle Tom. The ugly names have increased since Ferguson, Sims says. Now, as he approaches people, they’ll often raise both hands and say, “Don’t shoot,” as some witnesses said Michael Brown did.

“They don’t view us as being black,” Sims said. “They view us as being a cop.”

Those views were once his own. Growing up in a gang-infested neighborhood, Sims listened to rap music that glorified cop-killing, and shared his friends’ conviction that police were to be shunned. Now, on patrol, he is reminded of that sentiment by “187 SBPD” graffiti, referring to the penal code for murder and the San Bernardino Police Department….

The way to demolish barriers between police and community is a mutual exchange of respect, Sims says. He prides himself on talking with suspects as he would with his watch commander — or grandmother.


SUICIDES IN LOS ANGELES JAILS DECREASED BY HALF IN 2014

Los Angeles Sheriff’s Department data shows that inmate suicides dropped from 10 in 2013 to 5 in 2014. The decrease follows a year after the US Department of Justice released a report criticizing the county’s treatment of mentally ill inmates—with particular reference to the suicide count—and said it would seek a consent decree.

KPCC’s Andrea Gardner has more on the numbers. Here’s a clip:

Sheriff’s spokeswoman Kelley Frasier said deputies and mental health professionals have set suicide reduction as a top priority. For instance, after noticing a trend in higher rates of attempted suicide among inmates housed in “single-man cells,” she said they changed the practice.

“We came to the table and we said, ‘let’s make a conscious effort, let’s not put them in single-man cells,’ ” she said.

In other cases, more mental health teams were dispatched to check on isolated inmates more often.

Instances of serious self-harm—like cutting and attempted suicide—also dropped significantly in 2014 from 2013, to 71 from 110 documented cases.

Posted in Department of Justice, Education, immigration, LA County Jail, Mental Illness, racial justice, women's issues, Zero Tolerance and School Discipline | No Comments »

California’s School Counselor Problem… The LA Sheriff’s Department’s Transparency Problem…Changing the Double Jeopardy of “Dual Status” Kids

January 20th, 2015 by Celeste Fremon


CALIFORNIA HAS THE NATION’S WORST STUDENT-TO-COUNSELOR RATIO & IT’S KEEPING KIDS FROM GRADUATING

Many of California’s school counselors have so many students on their caseloads that even the best-meaning of them can’t possibly give most kids the help and time they need. As a consequence, students often land in the wrong classes and thus amass enough school credits to graduate and head toward college, but not the right credits—for either.

This is especially true in the state’s poorer communities, where kids move around or miss days of school due to foster care placements, family instability, brushes with the juvenile justice system, and other barriers to an uninterrupted school year, making the need for a counselor’s attention all the more crucial.

Brenda Iasevoli writing for the Hechinger Report has the story. Here’s a clip:

Jose Salas was in his freshman year of high school when his mother kicked him out because he was gay. He bounced from one friend’s house to another, and to a new high school each year: Hawthorne High in South Los Angeles, Edison High in Fresno, Morningside High in Inglewood. Somehow he stayed on track to graduate. Then, in his senior year, something went wrong.

The high school where he enrolled, Hillcrest Continuation School in Inglewood, placed him in remedial classes usually assigned to students learning English. He took and passed 35 credits worth in the fall semester before dropping out. Any guidance counselor looking at his transcripts would have seen that Salas had passed Advanced Placement English as an 11th grader and didn’t need these classes.

“I have no idea why they placed him in that set of classes,” says Nicole Patch, Salas’s counselor at YouthBuild Charter School of California, where in 2013 he earned his high school diploma at the age of 22 after working as a taxi dispatcher and in a fast-food restaurant. “This is a kid who had the skills. The work was being done. The school should have placed him in government and other courses he actually needed.”

Salas’s story is common, especially in school districts with too few guidance counselors to keep track of the large numbers of poor, transient students who move from school to school and across districts. California ranks worst in the nation when it comes to providing guidance counselors, according to the U.S. Department of Education. The American School Counselor Association recommends a student-to-counselor ratio of 250 to 1. In California, the ratio was 1,016 to 1 for the 2010-2011 school year, the latest for which data is available.

By the time Salas graduated, he had 268.5 credits. He only needed 200 to graduate. All told, the credits mix-up cost him two semesters of high school, according to Patch, since California high schools typically offer 30 credits per semester. Salas said he trusted his counselors to place him in the classes he needed. “It is frustrating that things don’t work that way,” he says.


LOS ANGELES COUNTY SHERIFF’S DEPARTMENT INSPECTOR GENERAL SAYS LASD NOT TRANSPARENT, SHERIFF MCDONNELL SAYS HE AIMS TO RELEASE USE-OF-FORCE DATA & LOTS MORE ONLINE

In report that came out Friday, LASD Inspector General Max Huntsman said that the LA county Sheriff’s Department is far less transparent than many other major law enforcement agencies when it comes to officer-involved-shootings, community members’ complaints, and deputy disciplinary proceedings.

Shortly after Huntsman issued his report, Sheriff Jim McDonnell announced that he intended to make sweeping changes. Here’s what KPCC’s Andrea Gardiner reported:

McDonnell responded immediately after the OIG report was made public, saying his department would distribute the data online, so the public can access it. The data will include the number and nature of officer-involved shootings, use-of-force claims, citizen complaints, and officer conduct that results in discipline. It will not name the officers.

McDonnell also appeared on ABC-7′s Newsmakers show with Adrienne Alpert on Sunday morning and talked further about the need for transparency. (Sadly Newsmakers isn’t archived online.)

On Monday, the LA Times editorial board wrote about the necessity for such transparency sooner rather than later.

Here’s a clip from the editorial:

First, the bad news, as laid out in a report by Los Angeles County Inspector General Max Huntsman and reported Friday in The Times: The Sheriff’s Department does a poor job of informing the public about shootings and discipline. That would be a big deal in any event, but especially at this moment in history, when law enforcement agencies nationwide are coming under renewed scrutiny, and properly so, for use of deadly force and poor access to data about it.

Huntsman’s findings aren’t particularly surprising, of course. The basic narrative of the Sheriff’s Department over the last five years has been a succession of jail beatings by deputies and, when the public asks questions, such hostile and arrogant responses as to strain even the best relationships the department has with the communities it serves.

But his analysis was particularly useful in that it compared the department with its law enforcement counterparts in California — including the California Highway Patrol, the San Diego County Sheriff’s Department and the Los Angeles Police Department — and the largest police departments elsewhere in the country.

Almost everybody does better at making data on the use of force, complaints and discipline easily accessible to the public, either directly or through independent review boards. Even New York City, with its long history of tension between the department and the public, displays data about police shootings on its website: how many, where, against whom.

Some jurisdictions go further. Dallas, for example, posts it all on an Officer Involved Shooting Web page. What do we really want to know? Whom did the police shoot? Was the victim armed or unarmed? Of what race, gender and age? In what neighborhood? It’s all there, in one place — as it should be…


DO DUAL STATUS KIDS HAVE TO BE DOUBLE-SLAMMED BY THE SYSTEM?

“Duel Status Youth” is the term for kids whose actions and/or circumstances bring them contact with both the child welfare system and the juvenile justice system. In theory, the intention is for such kids to get twice the help because of their two-for-one contact with government systems.

Sadly, however, the opposite has turned out to be true. Instead of getting double the help, dual status youth seem, almost inevitably, to be exposed to twice the harm.

Put another way, if outcomes are often bleak, statistically speaking, for kids in foster care, they are generally far worse for youth who also manage to land in the juvenile justice system, which many foster care kids do for actions as minor as running away.

Child advocates have been pointing for a long time to this disturbing double jeopardy pattern of duel status youth, but with little success.

Part of the problem seems to be that, in most U.S. counties, the juvenile justice and foster care systems don’t coordinate with each other. (This is one of the issues pointed out by LA County’s Blue Ribbon Commission.)

Now, however, the Robert F. Kennedy National Resource Center for Juvenile Justice, together with the Robert F. Kennedy Children’s Action Corps, has taken a deep look at the dual status youth crisis and is helping four U.S. counties create a different model for dealing with double-jeopardy youth in order to reroute those kids’ futures in a healthy direction.

One of those municipalities working with the RFK people is Santa Clara County, California.

Gary Gately reporting for the Juvenile Justice Information Exchange takes a look at the overall problem—and at some of the solutions.

Here are some clips from Gately’s story:

She was born to an incarcerated mother. She was repeatedly abused by relatives with whom she spent much of her early life.

By the time she turned 10, she had been sexually abused by an older brother, a pimp, who forced her into prostitution.

She didn’t last long at foster homes and ended up living in group homes in the Northern California area. She ran away from placements dozens of times and continued prostituting herself.

Perhaps not surprisingly, Alicia — whose real name is being withheld to conceal her identity — repeatedly landed in juvenile detention on solicitation or related charges.

But for most of her young life, the people responsible for helping her — in the juvenile justice and child welfare systems — hardly spoke to one another, much less coordinated services, because of the longstanding gulf between the two systems.

Alicia, now 18 and expected to be in jail through mid-January on prostitution and robbery charges, could be a poster child for kids known as “dual-status youth” — those involved in both the child welfare and juvenile justice systems.

Their cases typically present enormous challenges: Many of the children are chronic runaways who have suffered from severe physical or emotional abuse, neglect and abandonment. And they typically come from troubled homes often beset by domestic violence, substance abuse and mental illness.

It’s hard to say how many children become entangled in both the juvenile justice and child welfare systems, partly because of the historical bureaucratic divides between the two systems.

Juvenile courts in the United States handled an estimated 1.2 million cases in which the youth was charged with a delinquency offense during 2011, according to the Pittsburgh-based, nonprofit National Center for Juvenile Justice, which collects and reports on juvenile court activity for the federal Office of Juvenile Justice and Delinquency Prevention. And the federal Children’s Bureau reported 3.8 million children in 2012 were the subjects of at least one report of abuse and neglect; for 686,000 children the maltreatment was substantiated.

Conservatively, tens of thousands of children a year are simultaneously involved in both the juvenile justice and child welfare systems. (Depending on the locale, these children are known by such terms as crossover, dual-jacketed, dual-involvement, dual-status supervision or dual-jurisdiction youths.)


NEWTON COUNTY, GEORGIA TRIES A DIFFERENT PLAN

Virginia Lynn Anderson, also writing for the JJIE, reports on what Newton County, Georgia-–another one of the RFK sites—is doing to keep dual status youth out of detention and to instead get them and their families the help they need to start to turn their lives around.

The first step, Newton found, is simply to start tracking whether or not a kid was dually involved. Astonishingly, Newton—like many counties—hadn’t previously managed to find out if a kid was in both systems.

Here’s a clip from Anderson’s story:

On a bright, fall day — the kind of day that kids love to be outdoors in, riding a bike, playing ball — a 15-year-old walked into a juvenile courtroom in Newton County for a hearing, wearing a dark blue jumpsuit, handcuffs and a look of fear on his face.

He had been picked up for riding a bicycle under the influence in next-door Rockdale County a day or two before and placed in detention.

Had Judge Lisa Mantz not known about the teen’s home difficulties, she might have sent him back to his foster mother’s home.

He’s faced some very hard obstacles. His father is in prison. His mother is absent for unknown reasons, and he hasn’t seen her in years.

Because Mantz and the Newton County juvenile justice team make it a matter of protocol to find out whether a youth has been in protective custody or has an open case with the Department of Family and Children’s Services (DFACS), Mantz knew in this case not to send the boy home.

“The foster mom has a meth problem,” Mantz explained after a wrenching hearing. “He wouldn’t be safe going back into that environment.”

Newton County is one of four sites in the nation chosen by the Robert F. Kennedy Children’s Action Corps to serve as a demonstration project — to show how the juvenile justice court can work with DFCS, other children-serving agencies and the community to identify dual status youth and get them the help they need.

While this young person’s case resulted in his being kept in detention, the collaborative efforts of the Newton County Juvenile Court and DFACS play out in different ways in different cases. The goal is to keep dual status youth out of detention and to instead get them and their families the help they need to stay out of detention.

Using an initiative that recognizes that most juvenile offenders are dually involved in the child welfare system, Newton County is changing its strategy for working with youth in the juvenile justice system.

Previously, the county might have looked at a youth’s juvenile record without ever examining his or her involvement in the child welfare system. Now the county’s first step is to learn whether a young person has an open file with the Department of Family and Children Services. A separate intake form is created, and, within three days, DFCS returns information to the court that shows whether a youth is dually involved.

Read the rest. While the change is heartening, the fact that nobody in Newton bothered to track dual involvement until 2013…is not.

Posted in ACEs, Education, Foster Care, Inspector General, Jim McDonnell, juvenile justice, LA County Jail, LAPD, LASD | 12 Comments »

Obama Proposes Free Community College…. Should a 19-Year-Old Get the Death Penalty?…Horses Help Traumatized Kids….Pens v. Guns

January 9th, 2015 by Celeste Fremon

FREE COMMUNITY COLLEGE FOR “ANYONE WILLING TO WORK FOR IT,” SAYS PRESIDENT OBAMA

In a surprise announcement recorded in a Vine video by President Obama aboard Air Force One and then released on Facebook on Thursday, the president stated his intention to propose that the two years of community college be offered free to students of any age.

“I’d like to see the first two years of community college free for anybody who’s willing to work for it,”

As to why he was doing this video release of a proposed policy, Obama explained:

“We’re doing a little preview of the state of the union. I figure why wait for two weeks.”

What he did not say but implied, is that the idea is a counter to the skyrocketing costs of college tuition, and the rise in student debt that is seen as increasingly problematic to young adults starting life after college.

“Education is the key to success for our kids in the 21st century,” Obama said. “But it’s not just for kids.” With the latter, he referred to adults who want to go back to school for additional training or retraining, “for better jobs, better wages, better benefits.”

He wants, he said, to make sure that “Congress gets behind these kinds of efforts…”

In other words, the pre-SOTU video release is a PR gambit.

According to a related White House information page, if all 50 states choose to implement the President’s new community college proposal, it could:

*Save a full-time community college student $3,800 in tuition per year on average

*Benefit roughly 9 million students each year

As to what the program would cost the taxpayer and how it would be funded…that information is still to come.

White House officials did say that the feds would pay 75% of the costs of the proposed program, with the states picking up the rest.


WHAT IF A TEENAGER CONVICTED OF MURDER IS ALSO AN ADULT? SHOULD WE PUT HIM OR HER TO DEATH?

When the trial of Dzhokhar Tsarnaev, the still-living member of the alleged Boston Marathon bombing duo, begins later this month, the largest question the jury will have to consider will not be so much about guilt, but rather about punishment.

Tsarnaev is accused of multiple counts of murder for the April 15, 2013, bombings at the Marathon finish line that killed three people and injured more than 260 others, some of them gravely. Tsarnaev and his brother also reportedly killed an MIT campus police officer in Cambridge, a few days after the bombing. In addition, Tsarnaev is accused of mass terrorism—a federal crime that is eligible for the death penalty.

So will Tsarnaev be sentenced to death? Should he be? WLA is not a great fan of capital punishment, but certainly if there is a crime that would arguably be eligible it would be the tragic bombing at the Boston Marathon.

And yet….

Yesterday we wrote about the new MacArthur Foundation report “Because Kids Are Different,” that outlines five different areas for juvenile justice reform based on what we know about the differences in cognitive development between adolescents and adults.

In their report, the MacArthur authors point to the 2005 ruling by the U.S. Supreme Court that eliminated the use of the death penalty for young people under the age of 18.

“The court noted three key distinctions between adolescents and adults that require the law to hold youth to a different standard:
(1) adolescents lack maturity and a sense of responsibility,
which can lead to “impetuous and ill-considered” actions and
decisions;1
(2) adolescents are more vulnerable and susceptible
to negative influences and peer pressure; and (3) the personality
traits of adolescents are not fixed, and are more transitory than
those of adults. According to the court, a youth’s ability to grow,
mature, and change must be recognized by the law for reasons
of basic logic, science, and morality

So if all of the above is true at age 17-and-ahalf, what about at age 19?

In a story called “The Teenaged Brain of the Boston Bomber,” the Marshall Project’s Dana Goldstein asks if Tsarnaev’s age—19 when the terrible bombings occurred—will be viewed as a valid defense when it comes to the sentencing phase of the trial.

Goldstein writes about the brain imaging that has been part of the new neuroscience of adolescence, which suggests young adults remain especially susceptible to peer influence, among other judgement altering factors, well into their twenties.

As it stands now, outgoing Attorney General Eric Holder has declined to take the death penalty off the table, saying that Tsarnaev acted in “an especially heinous, cruel and depraved manner.” He also pointed to Tsarnaev’s seeming lack of remorse.

Wherever you personally stand on capital punishment, Goldstein’s is an interesting story in that it outlines factors that may come into play when in determining Tsarnaev’s fate.

Here are some clips:

When it comes to young adults, much of that brain research has been conducted by Laurence Steinberg, a psychologist at Temple University. He and colleagues have observed that into the twenties, the brain is still undergoing myelination, a process in which a white, fatty substance coats nerve fibers, gradually improving the brain’s ability to make the neural connections necessary to plan ahead, weigh risks and rewards, and make complex decisions. Using functional Magnetic Reasoning Imaging (fMRI), Steinberg and colleagues have also been able to observe which parts of the brain are activated as teenagers and young adults complete various tasks.

In one laboratory experiment, two groups of subjects, one group in their teens and another in their mid-to-late-twenties, manipulated a vehicle along a track, first alone and then as two of their real-world friends observed. The teenagers and adults drove similarly when alone. But when performing in front of their peers, the teenagers took more risks and were more likely to crash their vehicles. The reward centers of the teenagers’ brains, which anticipate approval and pleasure, were highly active when observed by their peers, while the adults’ brains did not display such a pattern.

Those findings echo other studies — and common sense — suggesting that even intelligent teenagers act, essentially, stupid around their friends. This is true even in highly unusual, violent contexts, such as terrorist extremism. Research on radicalization shows young adults are often attracted to terrorist movements through loving relationships, particularly with siblings or romantic partners who hold extreme beliefs. This could be relevant to the Boston Marathon case, given the likelihood that Dzhokhar Tsarnaev was influenced by his 26-year-old brother, Tamerlan…

Judy Clarke, who represents Tsarnaev, is a high profile attorney and death penalty expert who has negotiated death-avoiding plea deals in such notorious cases as that of Unabomber Ted Kaczynski, and mass shooter Jared Loughner, who killed six people and shattered the life of former Congresswoman Gabrielle Giffords. Clarke has not commented on the strategy she and her team intend to use in the case of Tsarnaev.

Interestingly, if this were a state trial, rather than a federal trial, the matter would not be an issue since Massachusetts abolished the death penalty in 1984, more than decade before Tsarnaev was born.


FOR TRAUMATIZED KIDS HORSES CAN BE “A BEACON OF LIGHT IN AN OTHERWISE DARK WORLD”

This coming February, 25 experts from as far away as Finland will arrive at Saguaro Lake Ranch, a 1940s dude ranch near Scottsdale, AZ, for a four-day conference on how to treat kids with severe childhood trauma. Prominent among the treatment methods to be discussed for helping children with a high number of so-called “adverse childhood experiences”—or ACEs—is a method called equine assisted therapy.

(We’ve written in the past about the research on ACEs and their effect on the health well being of children and adults here and here.)

JoAnn Richi has the story on equine therapy for Aces Too High.
Here’s a clip:

Baylie is eight years old. Born to a mother addicted to cocaine and an alcoholic father, removed from her parents at six months and covered with bruises and cigarette burns, Baylie (not her real name) has spent her childhood shuffled from one foster home to another. She rarely speaks, makes little eye contact with adults, shows no interest in playing with kids her age, and recoils from any attempt at physical affection.

Baylie’s ability to connect with anyone, or anything, seemed impossible until the day she met a horse named Steady.

Baylie is very lucky. Her court-appointed therapist has found a way to combine her own love of horses with the rapidly evolving field of equine-assisted psychotherapy.

Once a week Baylie goes to the stables, holds out an apple for Steady to nibble from her hand, pats, brushes and talks quietly to him about the things she does not want anyone else to hear.

For children like Baylie who have never been able to trust people, a horse can become a beacon of light in an otherwise dark world. Suddenly something big and powerful leans in, nuzzles you and looks you right in the eye. There is nothing to fear; this animal will not leave you, he will not betray you. With a trained equine-assisted therapist, a child like Baylie can be gradually introduced to forming a relationship with the horse. This ability to bond, perhaps for the first time in her young life, will then hopefully expand, allowing her to trust and connect with the wider world and to the people who exist within it.

[SNIP]

Equine-assisted psychotherapy has been widely used in Europe for decades. Nina Ekholm Fry, born and raised around horses in rural Finland, is a warm, friendly woman who merged her interest in psychology with her love of horses. Fry was recruited by Prescott College in Arizona to develop and lead one of the few equine-assisted psychotherapy graduate and post-graduate level counseling programs in the United States.

Fry is leading a day-long workshop at the conference. “In working with individuals who have experienced trauma, who have a high ACE score, trust and control are significant issues,” she says. “Equine-assisted therapy expands the therapeutic environment. Suddenly the client is taken out of the usual confines of an office. When we bring a horse into the picture, we have more treatment options; we are outdoors, we interact with the physical world, we utilize the body in an active rather than passive manner, it opens up an array of treatment possibilities.”


“Solidarité” – A PREVIEW OF NEXT WEEK’S NEW YORKER COVER

More than perhaps any American publication, right now the New Yorker is loaded with commentary, essays and mini-stories about the massacre at the office of the longtime french satirical magazine, Charlie Hebdo.

Here, for example, is a clip from an essay by Philip Gourevitch called The Pen vs. the Gun, in which he writes about “a hellish day without consolation….”

We like to say—we who work with pens (or pixels)—that the pen (or pixel) is mightier than the sword. Then someone brings a sword (or Kalashnikov) to test the claim, and we’re not so sure.

The French cartoonist Stéphane (Charb) Charbonnier liked to say, when jihadis repeatedly threatened to silence him, that he’d rather be dead than live on his knees or live like a rat, so he kept right on drawing and publishing his loud, lewd, provocative, blasphemous caricatures of theocratic bullies. And now he’s dead—he and nine of his colleagues at Charlie Hebdo, the satirical magazine he edited in Paris—massacred by masked gunmen, who came for them in broad daylight, shouting “Allahu Akbar,” and also killed two policemen before fleeing with a cry, “The prophet Muhammad is avenged.”

It’s hard to imagine how the Charlie Hebdo crew would have wrung a joke out of their own executions. But you can bet that they wouldn’t have shrunk from the challenge, and you can be sure that the result would have been at odds with any standard of good taste, unless you consider it in good taste never to give any ground to the dictates of holy warriors who seek power by murdering clowns.

Ideally, it would never require great courage and commitment to make puerile doodles mocking those whom one perceives to be making a mockery of the things that they purport to hold sacred. But those dead French cartoonists were braver by far than most of us in going up against the deadly foes of our civilization, armed only with a great talent for bilious ridicule. On any given day, we might have scoffed at the seeming crudeness of their jokes, rather than laughing at their jokes on crudity. But the killers proved the cartoonists’ point with ghastly finality: theirs was a necessary, freedom-sustaining, and therefore life-giving, form of defiance. Without it, they knew, we—humankind—are less.

Last night, tens of thousands in France took to the streets of their cities in solidarity with the victims of the Charlie Hebdo attack. Many carried signs, declaring “Je Suis Charlie,” a memorial slogan that had already overtaken Twitter, where the hashtag #JesuisCharlie could easily be misread as a compression of the equally apt exclamation: “Jesus, Charlie!” The spectacle of these great throngs of outraged, unbowed mourners reclaiming their public spaces was heartening. But the truth is—–for better and for worse—–that, no, most of us, even in the most free of Western societies, are not Charlie.

For better, because so many of us have the luxury of often feeling secure enough in our freedom to take it for granted. For worse, because in taking our freedom for granted, we are too often ready to trade it for a greater sense of security. We are not Charlie, in other words, because we risk so little for what we claim to value so much. We are not Charlie, too, because most of us are relatively inoffensive, whereas Charlie, like so many liberating pioneers of free expression—think not only of Lenny Bruce and Mad magazine but also of Gandhi and Martin Luther King—were always glad to give offense to what offended them. And we are not Charlie, today, because we are alive.

Georges Wolinski, one of the martyred Charlie Hebdo cartoonists, once said, “Humor is the shortest path between one man and another.” But a bullet is swifter. After his death, his daughter said, “Papa is gone, not Wolinski.” Meaning, rightly, that his work—his voice, and his drawings, what he wrought with his pen—is immortal. Yet the reason that some people with guns prefer to kill some people who use pens is always the same: because it is effective. Terror works. (Just ask anybody who stood to make a buck on the theatrical release of “The Interview….”)

Posted in Death Penalty, Education, juvenile justice, Sentencing, Trauma | 1 Comment »

LA County Supes Say YES to Civilian Commission to Oversee Sheriff’s Department (Updated)…Convictions That Aren’t…Racial Inequity….Bad School Data…& Torture

December 10th, 2014 by Celeste Fremon


With a 3-2 vote, the LA County Board of Supervisors passed the motion introduced by Supervisors Mark Ridley-Thomas and Hilda Solis
to create a civilian commission to oversee the Los Angeles Sheriff’s Department. Supervisor Sheila Kuehl was the third, and very emphatic vote in favor of the oversight commission’s creation.

Ridley-Thomas first proposed a civilian oversight body back in the fall of 2012, after the Citizens Commission on Jail Violence delivered their highly critical report on the brutal conditions in the LA County jail system and the LASD leadership that the CCJV said allowed such conditions to continue to exist year after year.

Until now, the votes were not there for the idea. But following the arrival on the board of Solis and Kuehl, all at once a majority was onboard for a civilian commission.

“The people of Los Angeles have demanded a new day by electing a new sheriff,” said Solis. “…Under the new leadership, we have a chance to restore trust in the county. This is not just a morally right answer,” she added, “it is fiscally prudent. Taxpayer money spent defending lawsuits is money that can’t go to improving the lives of our constituents….”

Supervisor Mike Antonovich disagreed. “The darkest days within the sheriff’s department in recent experience…,” he said, came about “during a time when it had the most amount of external oversight.” Then he ticked off the oversight entities of the recent past: the Office of Independent Review, Special Counsel Merrick Bobb, the county ombudsman, and the court-ordered jail monitors of the ACLU. Thus Antonovich favored “a single watchdog entity” that would “streamline and strengthen civilian oversight”—namely the inspector general.

Tuesday’s vote took place just a little after the 1 pm hour, after a long and impassioned segment of public comment. Prior to the vote, LASD Undersheriff Neal Tyler read a letter from Sheriff Jim McDonnell giving strong support to the motion. The letter said, among other things that “… partnerships with our community should be embraced, not feared.”(At the time of the vote, McDonnell was at a long-scheduled meeting of the California State Sheriff’s Association.)

Interestingly, LASD Inspector General Max Huntsman also spoke positively about the idea of community oversight.

In the end, the motion to create the civilian commission was divided into three parts. Part one was the approval of the civilian oversight body. Part two was to cause the creation of a working group to hash out what the new commission would look like, what its mandate and its powers would be, and so on. And part three was the request of a report from County Counsel having to do with issues such as the correct legal language necessary to create the civilian group.

This partitioning of the motion was at the suggestion of Supervisor Mike Antonovich who wanted to vote for the working group, and the County Counsel’s report, but against the commission.

Bottom line: The creation of a civilian oversight body passed 3-2, with Antonovich and Supervisor Don Knabe both voting no—at least for the time being. The creation of the working group, solely, passed with a unanimous vote, as did the request for a report from the county’s lawyers.

And so it was that, after more than two years of discussion, civilian oversight of the county’s long-troubled sheriff’s department will soon be a reality.


THE DEVIL & THE DETAILS

The devil will, of course, be in the details.

Among those devils and details will be the make-up of the commission, the degree of access it will have to LASD information and what, if any, legal power it will have.

In his letter to the board of supervisors, Sheriff McDonnell was actually quite specific in his suggestions as to what kind of commission members he envisioned, and how many commissioners there ought to be. (He figured 7 to 9 commissioners, to be exact.)

As to whom they ought to be, McDonnell thought the commission should made up of volunteers, not paid employees. They should be “…highly regarded and esteemed members of the community, committed to public service on this body in an unpaid and part-time capacity (similar to how CCJV functioned). The structure should also include not simply individuals appointed by the Board of Supervisors, but also others selected by other appointing authorities….”

When IG Huntsman spoke he also had a number of suggestions. He stressed that, if oversight was to mean anything, it was essential that he and, by extension any commission he reported to, must have maximum access to information.

“I used to be an attack dog,” he said. “Now I’ve been asked to be a watchdog. If you buy a watchdog, they are only worth it if they come into your house. If you keep them in the backyard, then the burglars can come in the front door. A watchdog can’t watch what they can’t enter and be a part of. So transparency means complete access…”

Huntsman said it was his understanding that there was a way to accomplish this access and still respect the restrictions of the Peace Officers Bill of Rights.

As for the question of whether or not the soon-to-be created civilian commission could or should have any legal power, Huntsman was unconcerned.

“There are lots of commissions that have legal authority,” he said, “and those who don’t have legal authority, and that doesn’t really control how effective they are.” A commission’s effectiveness had more to do about “whether or not what they have to say is welcomed by the department, whether or not the department interacts with them, and whether or not they speak in a language the department understands.”



AND IN OTHER NEWS….

NEVER CONVICTED OF A CRIME BUT HELD BACK BY A CRIMINAL RECORD

It’s bad enough that significant percentages of job-seeking Americans are hampered in finding employment for which they are otherwise qualified by criminal records. This story by Brendan Lynch writing for TalkPoverty tells how yet another slice of U.S. job hunters faces the same barriers even without criminal convictions.

Here’s how the story opens:

Tyrae T. and N.R. needed what any thirtysomething American without regular income needs: a well-paying job. They were both ready and eager for work, yet both were turned down for numerous entry-level positions they were qualified for. The reason? Criminal records. Tyrae and N.R. have never been convicted of any crimes, but they face a problem that afflicts millions of low-income Americans: arrests without conviction that are improperly used as grounds to deny employment.

Job applicants with criminal records, especially men of color, face a high hurdle to employment. Studies have shown that black men without criminal records get callbacks for job interviews at rates below those of white men with criminal records; and for a black man with a record, the callback rate is almost negligible.

Arrests that never led to conviction shouldn’t affect employment—innocent until proven guilty is a fundamental principle of American justice, after all. Because there is a presumption that arrests without convictions don’t hinder employment opportunities, this issue has received far less media and political attention than the employment obstacles created by past convictions. But the fact is that when it comes to getting jobs, a mere arrest can be just as bad as a conviction for millions of people like Tyrae and N.R.

Many companies conduct pre-employment background checks using FBI rap sheets, which are notoriously hard to read: employers often can’t discern whether the charges resulted in conviction, were withdrawn, or dismissed.

State-level databases can be equally confusing. In Pennsylvania, if an item turns up when an employer runs a background check through the state police, the system immediately responds with a generic code, indicating that details will follow within four weeks. If someone only has arrests on his record, the report eventually comes up clean, but many employers won’t wait that long for the clarification—they simply move on to the next job applicant.


…CORY BOOKER SPEAKS TO FELLOW U.S. SENATORS ABOUT BIAS IN THE CRIMINAL JUSTICE SYSTEM

“Enough lamentation, when will there be legislation?” asked New Jersey Senator Cory Booker when he spoke before Senator Richard Durbin’s Tuesday hearing on the State of Civil Rights & Human Rights. It’s strong stuff, filled with both passion and common sense. And Booker bolstered his points with plenty of statistics.

Take a look.


MORE BAD NEWS ABOUT LAUSD’S MALFUNCTIONING SOFTWARE SYSTEM THAT SCREWED UP STUDENTS’ SCHEDULES

Recently we wrote about the restraining order an angry judge slapped on California Department of Education head, Tom Toriakson, to force Toriakson and LAUSD to come up with a plan to fix a disastrous tangle of problems with the district’s student data system. It seems the data snarl had somehow resulted in many students at Jefferson, Dorsey and Fremont High Schools losing more than a month’s worth of class time, and other students’ transcripts being comprised as college application deadlines rolled around.

So is the system fixed yet? Uh, no. Even more alarming, the cost of repairing the mess has, thus far, cost three times what the district initially spent to set up the data system.

Annie Gilbertson of KPCC has the story-–and it ain’t pretty.

Here’s a clip:

The Los Angeles Unified School District board approved another $12 million Tuesday to fix the student data system that failed to schedule classes, take attendance and track students with special needs beginning last fall.

Under the new plan, the district will spend up to $2 million per week from Jan. 1 to Feb. 15 to have technology companies, including Microsoft, debug the system, stabilize servers, and expand use of the system known as MiSiS at charter schools, among other tasks.

The money will also pay for oversight of the work by an outside party and expansion of the help desk.

The new spending brings the total cost of the software system to $45.5 million, three times as much as was initially invested in it.

When the six weeks are up, the board will be presented with another, pricier spending plan for MiSiS improvements. Earlier estimates submitted to the school construction bond oversight committee showed the price of addressing the system’s problems could double to about $85 million….


A FEW WORDS ON THE TORTURE REPORT

We don’t normally report on issues—even criminal justice issues—that occur beyond U.S. borders, because they are too far outside our California-centric mandate.

But we cannot fail to acknowledge—however briefly—the release of what is being called the “torture report,” the Senate’s long awaited report on C.I.A. torture during the Bush Administration released Tuesday. It has too many implications about criminal justice issues we do write about.

This week’s revealations are so dispiriting that a lot of the writing about the report that we’ve read in the last 24 hours has sort of a stunned eloquence, like this opening of Tuesday’s story by the New Yorker’s Amy Davidson.

There is a tape recording somewhere, unless the Central Intelligence Agency has destroyed it, that captures the sound of a man named Nazar Ali crying. He was a prisoner in a secret C.I.A. prison, in a foreign country where terrorists were supposed to be interrogated. But Nazar Ali, whom a Senate Select Intelligence Committee report, part of which was released on Tuesday, suggests has a developmental disability—it quotes an assessment of him as “intellectually challenged”—was no sophisticated Al Qaeda operative. It is not even clear, from what’s been released of the report, that his interrogation was an attempt to gain information, or indeed that he was properly interrogated at all. According to the report, his “C.I.A. detention was used solely as leverage to get a family member to provide information.” A footnote later in the report, where his name appears, explains that Nazar Ali’s “taped crying was used as leverage against his family member.” Left unexplained is what the American operatives did to make this man cry. Did they plan ahead, preparing recording equipment and proddings, or did they just, from their perspective, get lucky?

That audio may be long erased or destroyed, as ninety-two videotapes documenting waterboarding were. The unauthorized running of those videotapes through an industrial shredder, in 2004, put in motion the production of the Senate report. (The Washington Post has a graphic guide to its twenty key findings.) It took nine years and cost forty million dollars, largely because the C.I.A. and its allies pushed back, complaining about unfairness and, finally, warning darkly that Americans would die if the world knew what Americans had done. Senate Republicans eventually withdrew their staff support. The Obama Administration has largely enabled this obstruction. The opponents of accountability nearly succeeded. In another month, a Republican majority takes control in the Senate, and they might have buried the report for another decade, or forever. As it is, only a fraction has been released—the five-hundred-page executive summary of a sixty-seven-hundred-page report—and it is shamefully redacted. But there are things the redactions can’t hide, including that the C.I.A. and the Bush Administration lied, in ways large and small. One telling example has to do with the number of people held in the secret C.I.A. prisons. General Michael Hayden, as director of the C.I.A., regularly said that the number was “fewer than a hundred.” By that, he meant ninety-eight—and, when he was informed by others in the Agency that there were at least a hundred and twelve, “possibly more,” he insisted that they keep using the number ninety-eight. The report released today lists the number, for the first time, as a hundred and nineteen. Of those, twenty-six were held wrongly—that is the C.I.A.’s own assessment; the number may be greater—either because there was no real evidence against them or because of outright Hitchcockian cases of mistaken identity. There’s a footnote where the report mentions the twenty-six who “did not meet the standards for detention.” Footnote 32, the same one that outlines the motives for holding Nazar Ali, has a devastating litany, starting with “Abu Hudhaifa, who was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the CIA discovered he was likely not the person he was believed to be…”

There’s lots more in Davidson’s story, in the New Yorker in general, and, of course, in every other mainstream publication.

Posted in Board of Supervisors, Civil Rights, criminal justice, Education, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, LAUSD, Los Angeles County, race, race and class, racial justice, torture | 14 Comments »

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 »

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