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

June 25th, 2015 by Taylor Walker

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STARTING NEXT MONTH, CALIFORNIA PRISON GUARDS TRAINING WILL BE SHORTENED BY A MONTH—FROM 16 WEEKS TO 12 WEEKS

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

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

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

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

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

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

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

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

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

[SNIP]

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

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


SAN QUENTIN DEATH ROW INMATES SUE OVER SOLITARY CONFINEMENT CONDITIONS

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

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

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

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

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

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

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


STUDENTS IN FOSTER CARE MOVING ON TO HIGHER ED RECEIVE RECOGNITION, SCHOLARSHIPS AT WALT DISNEY CONCERT HALL

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

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

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

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

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

They entered the foster care system after abuse and abandonment.

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

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

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

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

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

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

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

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


POWERFUL “DRUGGING OUR KIDS” DOCUMENTARY RECEIVES NATIONAL AWARD

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

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

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

Shuttering LA’s Troubled Youth Welcome Center, Reforming LASD’s Antelope Valley Stations, For-Profit Policing in CA, and Pat Nolan

June 23rd, 2015 by Taylor Walker

SHUT DOWN THE LA COUNTY YOUTH WELCOME CENTER, A WAREHOUSE FOR HARD-TO-PLACE FOSTER KIDS, SEZ A SPECIAL COMMITTEE

A new report headed to the Los Angeles County Board of Supervisors says the county must shut down operation at its Youth Welcome Center, which has become an ill-equipped warehouse for kids, thanks, in large part, to a lack of available homes for foster kids.

The Youth Welcome Center, opened in 2012 (video above), originally intended as a place to house kids new to the system for 24 hours while social workers found them foster parents or group homes. Instead, the center, located at the Los Angeles County-USC Medical Center, has come to serve as a sort of purgatory for hard-to-place kids, the ones who caregivers send back, like older teens, LGBTQ kids, and those suffering from mental illness.

The report, which will come from a committee formed by the Supes, recommends creating a 30-day emergency shelter for these kids, while also beefing up the number of group homes.

The LA Times’ Garrett Therolf, who has been reporting on the ongoing troubles at the Youth Welcome Center, has the story. Here are some clips:

The centers are allowed to keep children for only 24 hours and are not licensed for the lengthy stays some of the youths endured. They lack sufficient bedding, bathrooms and showers, as well as mental health and the education professionals necessary to meet their needs.

Over time, the number of youths without a proper foster home grew. It the last year, there were 800 violations of the 24-hour rule at both welcome centers, a county commissioner said.

Following The Times report, state officials in April took a harder line and sued the county, pushing the centers to comply to the letter of state law. The county and state reached a settlement agreement the same month and agreed to begin the licensing process to bring the existing facilities up to the state’s standards.

These changes would include establishing facilities at the centers that provided the required amenities and opportunities so young people could be legally housed there for up to three days.

[SNIP]

Leslie Starr Heimov, who leads the court-appointed law firm for foster youths, said that the DCFS plan to solve the centers’ problems by establishing a three-day facility is insufficient.

“For the hardest-to-place youth, I’m skeptical that we will do much better in 72 hours than what we do in 24. We will once again be in the position where we are just looking for a bed — any bed” to move a child out of a welcome center, she said.

Both she and the commission’s report recommend more sweeping change, including vast improvement in the inventory of foster homes and a 30-day emergency shelter. Only more ambitious reforms such as those, she said, “will ever solve the revolving door” of children failing to find lasting foster homes and repeatedly returning to the welcome centers.


LANCASTER & PALMDALE SHERIFF’S STATIONS MAKING MAJOR ANTI-BIAS REFORM PROGRESS AFTER US DOJ INTERVENTION

Advocates say the Los Angeles Sheriff’s stations in Lancaster and Palmdale are making huge strides to eliminate racially discriminatory practices that led to federal intervention.

In April, the US Department of Justice and LA County agreed on a court-enforceable settlement to reform the Lancaster and Palmdale stations. The settlement followed two years behind a 46-page “findings” letter from the DOJ detailing systemic discrimination against black (and to a lesser extent, Latino) Antelope Valley residents. There are 150 requirements that the department must meet to fulfill the terms of the settlement.

One of the advocates who brought allegations to the feds, Miguel Coronado, says discriminatory drug raids on people receiving subsidized housing assistance and other racially biased practices have all but vanished.

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

Coronado, who sits on Lancaster’s planning commission, was among those who brought allegations of racially biased policing in the area to federal authorities. He now has the cellphone numbers of high-ranking sheriff’s officials on his speed dial — and he says they pick up when he calls.

Residents rarely call him anymore to complain about the department, when he used to get several complaints a day, he said.

The settlement approved in April came less than two years after federal prosecutors identified a pattern of discrimination that included unconstitutional stops, searches, seizures and excessive force against blacks and Hispanics in Palmdale and Lancaster.

Deputies harassed and intimidated blacks and others in public housing, showing up for inspections with as many as nine officers, sometimes with guns drawn, the Justice Department said in its June 2013 report.

The LA Times’ Cindy Chang broke this story.


EDITORIAL: CA LAW ENFORCEMENT AGENCIES SHOULD TAKE A HARD LOOK AT QUOTAS AND OTHER PROFIT-MAKING POLICING ACTIVITIES

A San Diego Union-Tribune editorial says California Highway Patrol’s monthly goals regarding the number of “enforcement contacts” made seem dangerously similar to quotas. For California law enforcement agencies, implementing quotas for arrests and citations is illegal.

It’s not just a CHP problem. LAPD motorcycle officers have successfully sued the city over arrest quotas. Law enforcement agencies should look closely at practices and policies, like quotas and civil asset forfeiture, that value profit and punishment over public safety, says the editorial board. Here’s a clip:

Under questioning from attorneys for Harrison Orr – a Citrus Heights man who won a $125,000 judgment – CHP motorcycle Officer Jay Brame testified that he has for years been admonished by his CHP superiors to have at least “100 enforcement contacts” a month while on patrol duty. This testimony has been backed up by Brame’s formal performance reviews, which criticized him for “enforcement contacts” that were “well below the shift average.”

It is illegal under state law for law-enforcement officers to be given quotas for arrests and/or citations. The CHP flatly denies it has quotas for its Sacramento bureau or anywhere in the state. But pressing officers to meet numerical goals on “enforcement contacts” certainly seems problematic. And the fact that it is far from the first time that police agencies in California have faced such allegations provides crucial context. The Los Angeles Police Department, for example, has repeatedly been successfully sued by its motorcycle officers over arrest quotas set by their superiors.

This practice is dubious in many ways, starting with the fact that it creates incentives that make an officer’s job more about punishing drivers and collecting fines than about maintaining highway safety…


RECOMMENDED READING: PAT NOLAN, FROM TOUGH-ON-CRIME LEGISLATOR, TO INMATE, TO POWERFUL CRIMINAL JUSTICE REFORM ADVOCATE

The New Yorker has an excellent longread profile on Pat Nolan, a former California Republican Assemblymember who, after being busted in a federal racketeering sting, had a very personal wake up call about the state of the nation’s criminal justice system. Nolan’s whole world (and perspective) was turned upside down. He spent 25 months behind bars, and then four months in a halfway house, during and after which, he became a vehement advocate for reform. Nolan is now the Director of the Criminal Justice Reform Project at the American Conservative UnionFoundation, and partners with the Texas-based Right on Crime group, and has had a hand in the passage of Prop 47, the Prison Rape Elimination Act, and the reetry-focused Second Chance Act.

Here are some clips from the New Yorker story:

“I went to the legislature very pro cop and with a get-tough-on-crime attitude,” Nolan told me. He wanted to reinstate the death penalty, which the Supreme Court had temporarily suspended. He believed that the exclusionary rule, which disallows evidence improperly obtained by the police, had become a loophole that lawyers exploited to allow guilty clients to go free. He excoriated a colleague in the assembly for proposing a law that would extend workers’ compensation to inmates injured in prison labor programs. And he was a leading sponsor of a prison-building boom in the state, which included, to his eventual regret, the Pelican Bay supermax facility, where inmates are kept in long-term solitary.

The F.B.I. sting, he says, dispelled his unconditional faith in law enforcement. In Nolan’s telling of it, trophy-hunting agents browbeat his aides and his campaign supporters to build a case against him, leaking tidbits to the press in the hope of breaking his resolve. The prosecutor loaded the charge sheet so heavily that Nolan concluded that he couldn’t risk going before a jury. Like roughly ninety-five per cent of people convicted in America, he pleaded guilty and took a lesser sentence rather than take his chances at trial. He began to wonder how many of the people he had dismissed as bad guys had simply succumbed to prosecutorial bullying. He said, “I saw that the F.B.I. and the government prosecutors weren’t interested in the truth, and that was a shock to me.”

By the standards of American incarceration, Nolan had it easy. He served twenty-five months in two prisons that housed the least menacing felons. The Federal Prison Camp at Dublin, near San Francisco, was a compound of former Army barracks surrounded by landscaped flower gardens. There was a small coterie of white-collar criminals, but the majority of the inmates were blacks and Latinos serving time for relatively minor drug convictions. Nolan helped organize religious-study groups, and—to judge by his accounts in an unpublished memoir—he treated his fellow-inmates as a constituency to be charmed. (He still corresponds with some of them.) From prison, Nolan produced a chatty newsletter that his wife, Gail, distributed to some two thousand supporters. He had regular visits from his family and a loyal band of political friends. After ten months, he was transferred to Geiger Corrections Center, near Spokane, where the supervision was even less oppressive. Still, his time in prison exposed him to what he came to see as the cynical cycle of American justice: sweep up young men, mostly from broken families in underprivileged neighborhoods, put them away for a while, send them back onto the streets with no skills, and repeat. To call this a “corrections” system seemed a sour joke.

“I had assumed they did all they could to help prepare the guys to return to society and make a better life,” Nolan told me. “But they were just warehousing them.” There was a pervasive sense of defeat. “The implication is: you’re worthless, you come from nothing, you are nothing, you’ll never be anything.” He added that when prisoners were released the guards would say, “See you in a few months.” He was surprised, too, at the number of elderly and infirm inmates. In his memoir, he wrote that “incarcerating people who aren’t a physical threat to society is expensive and counter-productive”—something that “only a nation that is rich and vindictive” would do.

Nolan was still an inmate when he ventured into the politics of reform. In 1994, in the California Political Review, he published an attack on that year’s crime bill—President Clinton’s signature contribution to mass incarceration, which earmarked $9.7 billion for prisons, imposed tougher sentences, and, among many punitive provisions, eliminated college grants for prison inmates.

[BIG SNIP]

There are whole areas of policy where bipartisan consensus remains far out of reach. Guns, for starters, are untouchable. (Norquist likes to provoke liberals with the creative theory that the crime rate has fallen because more Americans have concealed-carry permits.) For most Republicans, outright legalization of drugs, even marijuana, “is one we can’t touch,” Nolan says. The idea of restoring voting rights to ex-felons, which has the support of Rand Paul and Nolan as well as Bernie Kerik, appeals to many Democrats but terrifies most Republicans. “They have this image of hordes of criminals” flocking to the polls to vote for Democrats, Nolan said. Conservatives tend to look more favorably on privatizing prisons, prison services, and probation, a scheme that liberals view with deep distrust. The death penalty, which divides the right, is not on the shared agenda.

The most significant question is whether conservatives are prepared to face the cost of the remedies, from in-prison education and job training to more robust probationary supervision and drug and mental-health treatment. Joan Petersilia, a criminologist who teaches at the Stanford Law School, points to the last great American exercise in decarceration, half a century ago: President Kennedy’s Community Mental Health Act, which aimed to reduce by half the number of patients in state mental hospitals. The promised alternatives—hundreds of community care facilities—were never fully funded, and thousands of deeply troubled people were liberated into homelessness. The mentally ill now make up a substantial portion of inmates in state prisons and county jails.

“The direction forward is not really clear, because, on the one hand, the right is saying less government, less spending,” Petersilia told me. “And the left is saying we need more investment.” She offers the example of California, which for nearly five years has been under a Supreme Court order to cull the overcrowded prisons that Nolan once helped build. “The success story of downsizing prisons in California is like nothing the nation has ever experienced,” she said. “We have downsized in less than five years twenty-five per cent of all prison populations. But look what is happening at the local, community level, which is that they’ve upsized jails, and they’ve got a homeless population, they’ve got police officers complaining about the mentally ill. We didn’t answer the question: if not prisons, what?”

Nolan agrees about the cost of alternatives: “In each of the Right on Crime states, we have insisted that a large part of the savings be put back into the system.” As for his home state, Nolan says, “we were not a part of that mess.” Nolan thinks that Governor Jerry Brown failed to plan adequate prison alternatives because “he just wanted to get the court off his back.” When conservatives did venture into California, last November, to help pass Proposition 47, the measure required that two-thirds of any money saved be funnelled into alternative correctional programs. Nolan said, “Conservatives have insisted that money be plowed into services because we know that just releasing prisoners or diverting them from prisons without services would increase crime.” That is true, but it tends to be relegated to the fine print in conservative reform literature. The headlines promise tremendous savings to taxpayers.

Nolan has another worry: that one sensational crime, or a spike in the crime rate, or the distraction of more polarizing issues could send Republicans and Democrats back to their corners. “We’ve all said we’re one bad incident away from having this erode on us,” he said. But if the bipartisan movement can accomplish the things it agrees on, Nolan has a wish list of additional reforms that he will pitch to conservatives. He would like to see abusive prosecutors lose their licenses. He would require the police to videotape interrogations from beginning to end, not just a confession that may have been improperly extracted.

And, mindful of the prisoners who have been exonerated while waiting on death row, he would like to end capital punishment.

Posted in Department of Justice, Foster Care, LA County Board of Supervisors, LAPD, LASD, racial justice, Reentry, Rehabilitation, Right on Crime, The Feds, War on Drugs | No Comments »

CA Education Bill to Help Foster Kids, LAPD Chief Charlie Beck Interview, CA Wrongful Convictions,

June 18th, 2015 by Taylor Walker

CA BILL TO OPEN EDUCATION SUPPORT PROGRAM TO FOSTER KIDS LIVING WITH RELATIVES, WHO NEED JUST AS MUCH HELP AS THOSE IN NON-FAMILY RESIDENCES

CA Assemblymember Shirley Weber (D-San Diego) has introduced a bill that would beef up California’s Foster Youth Services program (FYS). FYS provides vital education-related support to foster kids through mentoring and tutoring services. FYS, which began as a pilot in 1973, had such favorable results, that it was expanded statewide 17 years later, in 1998.

FYS and Assemblymember Weber’s related bill target a population of kids who often struggle to finish high school (nearly half of foster kids do not).

FYS in its current form, only lends support to foster kids who are living with a non-relative foster family or in a group home. Foster children living with their relatives are not eligible for the program.

AB 854 would extend services to the 40,000 foster kids living with family members—that’s two-thirds of all CA foster youth—who do not actually have better graduation rates than kids in non-relative foster homes.

Anna Maier and Zefora Ortiz have more on the bill in a story for the Chronicle of Social Change. Here’s a clip:

A 2006 study conducted on behalf of the state legislature found that nearly half of foster youth (46 percent) drop out of high school—compared with 16 percent of non-foster youth—and less than 10 percent enroll in college.

“I feel strongly that I need the authority to serve students with the greatest need,” said Lustig.

The Foster Youth Services program began as a pilot in 1973 with four California school districts, and a 1981 statute formally established and funded FYS in the four pilot districts. In 1998, the state legislature expanded grant funding to county Offices of Education with an emphasis on serving students in group homes. The 2006-07 State Budget renewed existing FYS funding and provided additional grant money for county Offices of Education to serve a broader array of foster youth, including those in juvenile detention facilities. FYS programming looks a little different in each county. But in Mt. Diablo Unified (one of the original pilot districts), the approach is working. The program supports all foster youth, regardless of their placement type. The district partners with group homes, mental health providers and local universities in order to provide comprehensive support.

“We get to see kids who are smiling and feeling good about themselves,” said James Wogan, administrator of School Linked Services, which oversees FYS programming in the district. “Many people thought [these students] would need a higher level of placement, but they get support from their peers as well as us. The culture has really taken off here.”

Throughout the state, FYS programming is showing similarly positive outcomes. A California Department of Education report for the 2012-13 school year found that participating foster youth exceeded their 90 percent target rate for attendance, and more than 70 percent of students who received tutoring met their goals for academic growth. Less than one percent of participating foster youth were expelled from school, far surpassing the target rate of less than 5 percent expulsion.


LAPD CHIEF CHARLIE BECK DISCUSSES EZELL FORD, DISCIPLINE, AND MORE ON AIRTALK

On KPCC’s AirTalk, Patt Morrison (filling in for Larry Mantle), speaks with LAPD Chief Charlie Beck about the Ezell Ford case, officer discipline, and transparency.

The chief said he wished the department had more liberty to discuss disciplinary actions against police officers. Because of confidentiality rules, Chief Beck says his hands are tied. Beck will not be able to explain the discipline (nor the rationale behind the decision) the two officers involved in the death of Ezell Ford will receive.

“I must follow the law,” Beck told Morrison. “Now, we can have discussions about what would be a better way to regulate this but that won’t change how this will be regulated.”

Last week, after Chief Beck determined the officers acted within policy, the LA Police Commission determined that one officer acted outside of department policy throughout the confrontation that ended in the death of Ezell Ford in August. The other officer involved acted improperly by drawing his weapon the first time (the second was deemed justified), according to the commission.

For backstory, Ford, a mentally ill and unarmed man, allegedly grabbed for one of the officers’ guns during an “investigative stop” in South LA, and was shot three times by the two officers.

Here’s a clip from Chief Beck’s interview:

Chief, you and the commission are looking at the same set of guidelines, why is it that you found this to be in policy and the police commission didn’t? How could that happen?

CB: Well people, as I said, disagree on this topic all the time. Reasonable suspicion is a topic of contention in every criminal case in which it applies. This is not unusual for people to have different opinions on this and especially when you recognize that I see things through my experience, in my eyes, which is very different than theirs. That’s not to say who’s right and who’s wrong, but it is to say that I have strong reasons and strong beliefs in my opinion on this. I also have my role in the process and my role is to determine discipline if it applies to the employees involved and that has yet to come and I will absolutely do the right thing on that.

Do you have a deadline for that?

CB: You know, I have a personal deadline. I’m not going to reveal that because I don’t think it helps the discussion for a couple of reasons. One of which is that by state law, I cannot make public whether or not I discipline these officers and what that discipline was so to create an expectation that there is going to be some type of announcement based on a date point would be unreasonable.

Why no mention of the police commission in your message to officers?

CB: Well, it wasn’t intended to put forth a position for or against the officers by the commission. It was intended to do exactly what it did. It was intended to tell officers that they needed to continue to develop community support, that they had community support. I used myself as an example; I used the mayor as an example; I used the vast majority of Los Angeles as the other example. No intent to omit the commission. No intent to comment one way or the other about the commission’s support for the rank and file. I know all the commissioners very well, they’re good people. I believe that they were guided by what they thought was right. I am not disparaging them; that was not the intent of the video.


GOV. BROWN OKAYS $$ SETTLEMENT FOR THREE OF CA’S WRONGFULLY CONVICTED

On Wednesday, CA Gov. Jerry Brown approved nearly $1 million in settlements to be paid to three wrongfully convicted Californians.

A former Long Beach high school football star, Brian Banks, was cleared of a 2003 rape conviction in 2012 with help from the California Innocence Project. Banks spent six years falsely imprisoned. Once on parole, Banks met with his accuser, Wanetta Gibson, and secretly recorded Gibson admitting the accusation was false. Banks will receive $197,000.

Susan Mellen, who spent 17 years in prison after she was wrongfully convicted of murdering her boyfriend, will receive $597,200.

Ronald Ross was found factually innocent after being convicted in 2006 of assault and attempted murder. Ross will receive $229,000.

The LA Times’ Phil Willon and Patrick McGreevy have the story. Here’s a clip:

At the time, Banks insisted that their sexual contact was consensual. However, he took his attorney’s advice to plead no contest rather than risk being sentenced to 41 years to life in prison….

Banks, who as a high school player had caught the eye of coaches at USC, UCLA and other college football programs, tried out with the Seattle Seahawks and Atlanta Falcons after his release from prison but was not signed. In 2014, he was hired by the National Football League to help monitor games for problem calls by referees.

Claims are filed with the California Victim Compensation and Government Claims Board and automatically recommended to the Legislature for payment if the petitioner was wrongly convicted and found by a judge to be factually innocent.


US CRIMINAL JUSTICE MOVERS AND SHAKERS EXPERIENCE GERMAN PRISONS: DAY TWO

On Wednesday, we pointed to a tour of German prisons organized by the Vera Institute of Justice and the John Jay College of Criminal Justice. Seventeen criminal justice officials and experts are examining how Germany handles sentencing, juvenile justice, incarceration, probation, rehabilitation, and other areas of the criminal justice system.

The Marshall Project’s Maurice Chammah has committed to a daily tour journal. Day two found the travelers at Heidering Prison, where inmates can smoke, cook for themselves, wear their own clothes, and visit family. Inmates never spend more than eight hours in isolation. And corrections officers are trained more, paid more, and even knock before entering inmates’ rooms.

Here’s a clip from Chammah’s day two offering:

Though the prisoners cannot access the Internet, they have telephones in their rooms, and they can call anyone — even the media.

“We have nothing to hide,” Detlef Wolf, vice governor for Heidering Prison, said with evident pride.

As the tour took turns walking through the cell, I briefly met a 24-year-old prisoner named Bryan Meyer. He was wearing his own clothes—cargo shorts, a long-sleeved t-shirt, and a black baseball cap. One of the most visually striking aspects of German prisons is how prisoners wear regular street clothes. It adds to the sense that the only thing being denied them is their liberty.

Administrators here freely work terms like “human rights” and “dignity” into speeches about their prison system, and Germans appear to view people who commit crimes as medical patients (the word “prognosis” came up a lot to describe the status of an inmate). There is little stigma after prisoners finish their sentences — employers in Germany generally do not ask job applicants if they have a criminal record, according to Michael Tonry, a University of Minnesota professor on the trip who’s studied corrections systems in the U.S. and Europe. In some cases, the cultural norms were so foreign that it was pretty much impossible to imagine them taking root in the U.S.

Once the shock wore off, the questions came, and they reflected the political and professional concerns of those doing the asking. Many of the leaders here who have been elected or appointed — including Marcantel of New Mexico and Jeff Rosen, the elected district attorney in Santa Clara, California — wanted to know about victims. Do their desires for retribution play any role in sentencing here? (In the U.S., they are often allowed to read “victim impact statements” before juries assess punishment, and prosecutors often consult with them). Do sensational murders lead to the passage of more punitive laws?

The Germans had trouble making sense of these questions. There were a lot of blank stares. In Germany, prosecutors and judges are not elected. As career civil servants, they are insulated from public opinion. Their work is more “technical,” said Gero Meinen, who directs the prison system in Berlin. The role is to protect the rational system of correction — which aims to restrict freedom the least amount necessary — from the retributive impulses that individual victims and society in general might feel.

Posted in Charlie Beck, DCFS, Edmund G. Brown, Jr. (Jerry), Education, Foster Care, LAPD, law enforcement, prison, prison policy | No Comments »

Protecting Kids with Locked-Up Parents, German Prisons, LA Investigating Social Workers after Brutal Beating of Baby…and More

June 17th, 2015 by Taylor Walker

COALITION IN ALAMEDA COUNTY FOCUSES ON TRAUMA-INFORMED EFFORTS TO HELP AND PROTECT KIDS WITH PARENTS BEHIND BARS

Nearly 80% of Alameda County jail inmates are parents or caregivers of kids under 25-years-old, according to a soon-to-be-released survey of 1100 inmates by the Alameda County Children of Incarcerated Parents Partnership (ACCIPP). (It is estimated that there are 2.7 million kids nationwide with parents behind bars.)

And out of a separate, smaller survey of 100 kids with incarcerated parents in San Francisco, nearly half had watched their parent get arrested. And more than half of those kids said they had witnessed officers rough up their parents during the arrest.

ACCIPP is comprised of advocate groups, government agencies, service providers, and others committed to bettering the lives of kids with locked-up parents, and reducing the effects of trauma. At the coalition’s fourth annual meeting in Oakland, attendees heard from kids with incarcerated parents, parents who had been locked up, as well as child welfare and law enforcement representatives.

The ACCIPP is calling on the Alameda County Police Department to implement a model policy from “Safeguarding Children of Arrested Parents,” by the Bureau of Justice Assistance and the International Association of Chiefs of Police.

The Chronicle of Social Change’s Melinda Clemmons has more on the particulars of the policy and why it’s important. Here’s a clip:

The report is part of a White House Domestic Policy Council justice initiative focused on reducing trauma experienced by children who have parents in prison or jail.

The model policy is informed by the Adverse Childhood Experiences (ACE) Study, first published in 1998, which shows the connection between adverse childhood experiences and health status in adulthood. Parental incarceration is recognized as one of the adverse childhood experiences that heighten a child’s risk of negative outcomes in adulthood…

“Where possible,” the policy states, “officers shall determine whether any child is likely to be present at the location” when an arrest is planned. “When reasonably possible, officers may delay an arrest until the child is not likely to be present (e.g., at school or day care), or consider another time and place for making the arrest.”

If delaying the arrest is not possible, arrangements should be made to have child welfare services or a partner agency at the scene. The policy also calls for officers to directly ask arrestees if they are parents and whether or not a child is present.

Tim Birch, manager of research and planning for the Oakland Police Department, told the May 18 gathering that the department will incorporate as much of the model policy as is feasible for the department.

“We will do whatever it takes to make sure that we do a better job taking care of children when their parents are arrested even when the children are not present or it is not obvious that the arrestees are caretakers of children,” Birch said.


VERA AND JOHN JAY SEND CRIMINAL JUSTICE HEAVY HITTERS TO LEARN FROM THE GERMANS

The Vera Institute of Justice and the John Jay College of Criminal Justice hand-selected a group of prison officials, prosecutors, researchers, and advocates from across the nation to send on a week-long tour of prisons in Germany.

On the International Sentencing and Corrections Exchange tour, the 17 criminal justice field-trippers will have the opportunity to observe how Germany handles sentencing, juvenile justice, incarceration, probation, rehabilitation, and more. And Germany has methods worth learning. Germany’s incarceration rates are almost 90% lower than the US.

Among those chosen to participate are Connecticut Governor Dannel P. Malloy, Vikrant Reddy, a senior research fellow at Charles Koch Institute (formerly of Right on Crime), and Scott Budnick, executive producer of “The Hangover” movies and founder of the Anti-Recidivism Coalition.

The Marshall Project’s Maurice Chammah is also on the tour and will be providing updates along the way. Here’s a clip from his first story:

The Vera Institute has chosen these leaders in hopes that they’ll take the European lessons seriously, and that they have the clout and credibility to enact change once they return home.

The track record for this idea is short but promising. In 2013, Vera took a similar group on tours of prisons in the Netherlands and Germany. John Wetzel, who runs the prison system in Pennsylvania, adapted ideas from the trip as he revamped the way his state handles prisoners before they’re released. He learned how in Germany, correctional officers are more like therapists than guards, and when he returned, Wetzel told me, he increased training in communication skills for his employees, “shifting the whole focus around humanizing offenders and lifting the expectations for officers, to get every staff member to feel some ownership over outcomes.” Wetzel also increased mental health training because “when people understand the root cause of behavior, they are more likely to not interpret something as disrespectful.”

The point of all this, Wetzel added, is to figure out what’s causing prisoners to commit crimes so you can find out how to make sure they’re less likely to commit more once they leave prison, thereby protecting the public. “It almost smacked me in the face when they said that public safety is a logical consequence of a good corrections system, and not the other way around.”

Beyond policy, comparing American and German prisons will surely unearth some deeper undercurrents in the histories of both societies. Just as no study of American prisons is complete without looking at the history of race relations all the way back to slavery, German incarceration exists in the shadow of the 1940s and that decade’s unspeakable combination of prison, factory, and slaughterhouse.

“I’m interested in how contemporary German officials imagine the past in relation to their current practices,”f said Khalil Gibran Muhammad, who directs the Schomburg Center for Research in Black Culture at the New York Public Library and will be on the trip. He has argued in the past that American public discourse is far more willing to examine the horrors of the Holocaust than to reckon with the legacy of slavery.

Santa Clara DA Jeff Rosen is also a member of the group touring Germany prisons.

Contra Costa Times’ Tracey Kaplan has more on Rosen and his impression of German incarceration practices, thus far. Here’s a clip:

The group includes people from both ends of the political spectrum, from Connecticut’s Democratic Gov. Dannel Patrick “Dan” Malloy to a senior research fellow at the conservative Charles Koch Institute, Vikrant P. Reddy. Rosen, who also is a Democrat, was one of only three district attorneys in California to advocate easing the state’s tough Three Strikes Law, which had allowed life sentences even for nonviolent third felonies. He also supported Proposition 47, which reduced penalties for crimes such as petty theft.

Other members of the tour include Craig DeRoche, who helps run the largest prison ministry in the world and was once Republican speaker of the House of Representatives in Michigan, and Scott Budnick, executive producer of “The Hangover” movie series and founder of the Anti-Recidivism Coalition in Los Angeles.

The only other district attorney is Milwaukee’s John Chisholm, a Democrat profiled by Jeffrey Toobin in The New Yorker magazine recently for his uphill efforts to right the racial imbalance in American prisons.

The institute conducted a similar tour two years ago, but it was mostly for law enforcement and corrections officials.

“We wanted a broader range this time so we can reach more people,” Vera spokeswoman Mary Crowley said.

The eclecticism of the group reflects a sea change in the ranks of criminal justice reformers. An increasing number of tough-on-crime advocates now agree with social justice champions on the left that the prison-only approach for nonviolent offenders is failing and that there are more efficient uses of taxpayer dollars to make communities safe.

Rosen already has taken some steps to change the status quo. Among them: a pre-filing diversion program that allows about 1,500 people a year who trespass or commit other petty crimes to avoid having a criminal record by letting them take classes and make restitution.

“It’s saving tens of thousands of dollars a year,” Rosen said.


DCFS INVESTIGATES WHETHER A TODDLER’S TRAGIC BEATING COULD HAVE BEEN AVOIDED BY MORE PROACTIVE SOCIAL WORKERS

LA County Dept. of Children and Family Services officials are reviewing the actions of social workers leading up to the near-death beating of a 13-month-old by his mother’s boyfriend. Detectives said they did not expect the boy, Fernando Garcia, to survive. When LA deputies found Fernando last week in near Compton in his family’s home, the toddler was not breathing, and his body, covered with bruises and a burn, had gone cold.

Social workers chose to keep Fernando’s three sisters with their mother following the June 7th beating and the arrest of the mother’s boyfriend, Rodrigo Hernandez.

DCFS is investigating whether social workers should have paid more heed to callers to the child abuse hotline who gave reports of domestic violence involving men and Fernando’s mother.

DCFS has ordered the social workers to be retrained pending the investigation.

After a Blue Ribbon Commission on Child Protection recommended 163 important action items last year to reform the dysfunctional DCFS, county child welfare has seen some improvements, but there are still some major problem areas that need to be addressed. For instance, WLA reported recently on an audit that found, over a period of four months, at least $160,000 worth of MTA passes and/or tokens—but most likely $571,000 worth of those passes/tokens—were never given to foster kids in desperate need of them.

The LA Times’ Garrett Therolf has the story. Here are some clips:

Sheriff’s deputies responding to a call arrived at the boy’s home and discovered that he was not breathing, according to sheriff’s records. His body was cold, bruises in the shape of finger marks covered his chest and abdomen, and a burn mark covered a portion of his leg, according to the DCFS records.

Investigators later learned that Fernando received a gash under the eye and a cut on his leg while in the care of the mother’s boyfriend, Rodrigo Hernandez. The boy’s mother also told detectives and the DCFS that she had observed Hernandez poking the boy. Witnesses reported that Fernando was visibly afraid and would cry when Hernandez was in the room, the DCFS records say.

[SNIP]

In February 2009, a caller to the county’s child abuse hotline reported that the mother’s boyfriend at the time pushed her while she carried one of her daughters. Social workers ruled the report to be “unfounded” and did not require court-ordered domestic violence services for the family, the DCFS records say.

That September, a caller told the hotline that the mother’s boyfriend — who was not Hernandez — was violent toward the mother. Social workers found significant bruising on the mother’s back, but they accepted her story that the injuries were self-inflicted. They did not pursue further evaluation by doctors or other professionals and ruled the allegations “inconclusive,” the DCFS records say.

The department closed the mother’s case the following month without further interventions. Social workers did not explain their rationale, the DCFS records say.


LAWSUIT BY FORMER OC SHERIFF’S COMMAND STAFF SAYS SHERIFF SANDRA HUTCHENS USED BUDGET CUTS AS AN EXCUSE TO FIRE THEM, HUTCHENS SAYS THEY WERE LAID OFF TO SAVE MONEY

Former OC Assistant Sheriffs Jack Anderson and John Davis, and former captains Brian Cossairt, Deana Bergquist and Robert Eason are alleging that Sheriff Sandra Hutchens unfairly terminated them, using a $28 million budget shortfall as an excuse to get rid of them.

The plaintiffs say they were let go because of their affiliation with the former, scandal-plagued OC sheriff, Mike Carona, from whom Hutchens took over the department after Carona’s downward spiral for which he served time for witness tampering. The former command staff argue that Hutchens aimed to cleanse the department of top brass she considered to be involved in the corruption, and that she did not allow them the hearings they were entitled to. (But under Hutchens’ assertions that they were laid off to save the department millions, hearings would not be necessary.)

The plaintiffs are seeking reinstatement and millions in combined damage.

The OC Register’s Sean Emery has the story. Here’s a clip:

Carona was in the midst of his downfall from being dubbed “America’s Sheriff” to serving time as a felon convicted of corruption charges. One of his closest allies, former Assistant Sheriff George Jaramillo, had already been convicted of tax evasion.

Hutchens, a veteran of the Los Angeles County Sheriff’s Department, had been appointed by a tight 3-2 vote by the Orange County Board of Supervisors with a mandate to reform the demoralized Orange County Sheriff’s Department.

Among those Hutchens brought on to her newly created command staff were John Scott and Michael Hillmann, who she had worked with during her time with the LA County Sheriff’s. They joined high-level sheriff’s officials who remained with the department during the transition.

According to the lawsuit, Hutchens, Scott and Hillmann “made clear their belief” that, compared to Los Angeles, Orange County was a “backwoods” territory that was still “rife with corruption,” even after Carona’s departure.

Joel W. Baruch, who is representing the five former sheriff’s officials, said Tuesday that the new leadership soon clashed with Anderson, who they accused of not informing them quickly enough about several incidents, including a reserve deputy acting inappropriately during an event involving presidential candidates at Saddleback Church and a deputy being arrested during a “peeping tom” incident.

“They told him ‘quit acting like the sheriff, there is a new sheriff in town,’ ” Baruch said.

Posted in ACEs, DCFS, Foster Care, law enforcement, prison policy, Reentry, Rehabilitation | 1 Comment »

LA County Counsel Resigns After 8 Months, a Unique SF Drug Abuse Program for Teens, Public Input on LA Child Safety…and More

June 16th, 2015 by Taylor Walker

LA COUNTY COUNSEL MARK SALADINO UNEXPECTEDLY ANNOUNCES RESIGNATION AFTER 8 MONTHS IN OFFICE

Late last week, just eight months after taking office, Los Angeles County Counsel Mark J. Saladino startled nearly everyone by announcing his resignation.

Saladino was hired last October on the recommendation of then-CEO William Fujioka, who some considered a controversial figure in the county.

Supe. Mark Ridley-Thomas, the only board member who voted against hiring Saladino, said there had not been enough of a search for competitors, the board had not agreed to a list of requirements for candidates, and Saladino’s prior legal experience was in corporate finances, lending, taxation and related areas. In fact, in 2013, Saladino had not practiced law in approximately 15 years, since he had taken over the position of county treasurer-tax collector in 1998.

Saladino will be returning to the Department of Treasurer and Tax Collector.

LA County Board of Supervisors had a special meeting Monday, that included public comment, as a step toward appointing an interim County Counsel.

Metropolitan News-Enterprise has the story. Here’s a clip:

Saladino hadn’t practiced law since being appointed county treasurer-tax collector in 1998. State Bar records showed that he took inactive status in 2002 and returned to active status on June 27 of last year, eight days after then-County Counsel John Krattli made public his plans to retire.

Prior to becoming treasurer-tax collector, Saldino was a deputy county counsel, having joined the office in 1990. His prior experience was at large law firms in New York and Los Angeles, in the fields of public finance, corporate finance and securities, bank lending, real estate, taxation and other transactional matters for public and private clients.

A spokesperson for Board of Supervisors Chair Michael Antonovich said the supervisor had no prior notice of Saladino’s intent to resign. Requests for comment from the other four supervisors produced no responses, although longtime board employees said it was virtually unprecedented for a department head to resign without prior notice.

Saladino’s successor will be the ninth person to occupy the post of county counsel since DeWitt Clinton retired in 1998 after 15 years.

Los Angeles County and the Office of the County Counsel are also currently in the middle of a legal battle against the ACLU and civilian watchdog Eric Preven, who are demanding that County Counsel disclose exact dollar amounts paid to private law firms in lawsuits filed against the LASD and its personnel. (Read more about that: here.)


SAN FRANCISCO SUBSTANCE ABUSE PROGRAM HELPS ADDICTED KIDS GRADUALLY CURB DRUG USE THROUGH JUDGMENT-FREE, “HARM-REDUCTION” APPROACH

San Francisco’s Bayview Hunters Point Youth Foundation helps kids ease out of substance abuse, in a neighborhood beset by violence, where 39% of residents live below the poverty line.

The Foundation’s program, Youth Moving Forward, provides counseling and substance abuse treatment to kids 13-17, using innovative “harm-reduction” strategies that focus on preventing harm that results from drug abuse, rather than specifically targeting the drug use.

The program provides a judgment-free, safe space for kids and connects them with free sports programs and other activities as alternatives to drug use.

Youth Today’s Sarah Zahedi has more on the program, which is funded by the SF Department of Health. Here’s a clip:

“Our goal is for them to reduce their use,” said counselor Julia Barboza. “So instead of [their] smoking five times, we say, ‘How about you do it four times?’ We meet them where they are at so to not have them totally quit but to reduce their use. In the process, they are not aware that they are actually going to stop.”

Johnson agreed she did not even know she was in a substance abuse treatment program when she was going to talk to her counselor.

“They don’t call it a drug treatment program. They just tell us that they are there for us to talk to,” Johnson said. “It was just a safe space and seeing it that way helped because it doesn’t scare you away.”

For this reason, youth services program director James McElroy said the counselors make it a point to avoid calling Youth Moving Forward a drug treatment program.

“We don’t want these youth to walk around thinking something is wrong with them if they decide to take part in our services,” he said. “We aren’t here to judge. We are here to help them achieve what they are trying to achieve in life.”

To do so, the program also makes a point of referring youth to social activities such as sports, exercise and field trips as an alternative to drug use.

“A lot of the times, the youth’s substance abuse problem comes from the kid not having anything else to do,” McElroy said. “We want to make sure we promote activities a youth is interested in so they can do something productive with their time at no cost.”

The program’s five counselors serve approximately 80 clients per year. Barboza said their success is due to the bond each counselor shares with the youth.

“We call them our kids versus our clients because they spend most of their time with us,” Barboza said. “At a lot of agencies, you don’t see that, kids just come in and out. Here, we do more than counsel kids and just sit in an office to help them reduce their use. We cook for them when they are hungry, we clothe them when they need clothes, we shelter them when they need shelter.”


CHILD WELFARE CZAR HOLDS MEETING IN COMPTON TO GATHER INPUT FROM PUBLIC ON BOOSTING CHILD SAFETY

The Los Angeles County Office of Child Protection held a meeting in Compton for members of the public (72 in attendance) to brainstorm and give input on a strategic plan to boost child safety and welfare in LA County.

The strategic plan was one of 163 recommendations made by a Blue Ribbon Commission on Child Protection convened to jumpstart reform efforts in the county child welfare system.

Among the ideas submitted by community members was a child safety mobile app.

The Chronicle of Social Change’s Holden Slattery has the story. Here’s a clip:

Attendees included employees and directors of numerous government agencies and local nonprofit organizations. The groups focused on the pantheon of child welfare goals: child maltreatment prevention, finding permanency for children in the system, safety and well-being. After they posted their objectives on the wall, attendees used stickers to vote on their favorites—the ones they would like to see in the strategic plan.

That strategic plan, itself, was one of the 163 recommendations made by the BRC in its 2014 report, which scored numerous headlines for decrying the county’s child welfare system as “in a state of emergency.”

But the Office of Child Protection wants more recommendations—ones that reflect the voices of people in locations throughout the county, according to Interim Child Protection Director Fesia Davenport.

“We know that the Blue Ribbon Commission recommendations are going to pre-populate many areas of the strategic plan, so we’re looking for ideas for the gaps,” Davenport said.


STATE SEES RESULTS AFTER INVESTING IN REDUCING CRIME IN VIOLENCE-PLAGUED OAKLAND

The $2 million California spent on crime-reduction efforts in Oakland last year appears to have paid off. According to 2014 end of year crime reports, homicides in Oakland were down 11%, shootings down 13%, and burglaries and robberies dropped a combined 30%.

The $1.3 million of the state money has beefed up existing anti-recidivism programs, but a portion was also spent launching new pilot programs.

Oakland Local’s A. Scot Bolsinger has the story. here’s a clip:

In a report recently submitted to the city council, Sara Bedford, director of Oakland Unite, said the funds have impacted a wide number of programs.

“It has augmented existing services and allowed for more individuals impacted directly by intense violence to receive important support services,” Bedford wrote.

The money was dispersed among a wide group of service providers and programs that include employment training for formerly incarcerated young adults, academic support for youth on probation, crisis counseling and legal help for domestic violence victims, street outreach and Ceasefire case management, among other programs, according to Beford’s report.

Though the lion’s share of the money went to existing programs, the grant required some funds — not to exceed $340,000 — be used to enter into agreements with new partners, according to Bedford’s report.

Halpern-Finnerty highlighted some of the pilot programs funded, like academic assistance for youth on probation through the East Bay Asian Youth Center.

“It got off to a good start and went well. This summer kids got interested, so we’re looking into something that is worth funding in the next cycle,” she said.

Halpern-Finnerty said the request for proposal funding process under the recently passed Measure Z encourages innovative new projects that may not have been situated to benefit from the one-time funding grant. On Friday, Oakland Unite submitted plans for a new innovation fund under Measure Z that would create a foothold for new ideas and innovation to reduce violence.

Posted in Foster Care, juvenile justice, LA County Board of Supervisors | 5 Comments »

Bills to Curb Drugging of Foster Kids Clear CA Senate…Veteran’s Court Makes Vets Feel at Home…LA FBI Agent Indicted…and More

June 5th, 2015 by Taylor Walker

PACKAGE OF BILLS TARGETING OVER-DRUGGING OF CA’S FOSTER KIDS MOVES ON TO STATE ASSEMBLY

On Wednesday, the California Senate approved a package of four California reform bills addressing over-drugging in California foster care system. The bills have bipartisan support, and have a good chance of making it through the Assembly and onto Governor Jerry Brown’s desk. But a price tag of between $8-$22 million may be a tough sell for the governor.

Among other changes, the bills, authored by Sens. Holly Mitchell (D-Los Angeles), Jim Beall (D-San Jose), and Bill Monning (D-Carmel), would require state-wide data-tracking on the prescribing of psychotropic drugs and other potentially harmful drugs to foster kids, as well as restrict how juvenile courts authorize such medication, set up a system of nurses to monitor the kids who are medicated, and push doctors to choose non-medical treatments before psychiatric drugs.

Karen de Sá, who has been doing some powerful investigative reporting on the excessive use of psychotropic medications to treat California kids in the foster care system, has more on the issue for the San Jose Mercury News. Here’s a clip:

The newspaper’s investigation found the powerful medications, which can cause debilitating side effects, are often prescribed to control troubled children’s behavior. But the bills, approved unanimously in the state Senate on Thursday, would improve how the state’s juvenile courts approve prescriptions; create new training programs; expand the ranks of public health nurses; and require ongoing reporting of how often foster children are being medicated.

Social workers would be alerted when kids receive multiple medications or high dosages and when psychiatric drugs are prescribed to very young children. And residential group homes, where prescribing is typically the highest, would be more closely monitored and subject to corrective action.

“The Senate has sent a clear message: The system must never permit powerful psychotropic drugs to replace other effective and necessary treatments,” said Sen. Jim Beall, D-San Jose, who authored the bills along with Sens. Holly Mitchell, D-Los Angeles, and Bill Monning, D-Carmel.

While the legislation faces no formal opposition, some child psychiatrists have expressed concerns that too many new rules could hinder care when access to medication is vital. The bills also carry a multimillion dollar price tag that could threaten their passage if they reach the governor’s desk.


VETERANS COURT BRINGS COMFORT AND FAMILIARITY TO PARTICIPANTS BY ADOPTING MILITARY-INSPIRED PRACTICES

A court in Orange County aims to help, rather than punish, veterans who are often suffering from PTSD, other mental illnesses, substance abuse, or a combination of those issues. The veterans court is modeled after drug courts and offers low-level offenders an alternative to incarceration.

To make the veterans feel more comfortable, the court does certain things military-style, like addressing participants by their rank. Participants receive a mentor (who is also a combat veteran), intensive therapy, substance abuse treatment, and other services they must take advantage of to make it through the program.

The veterans court, one of many cropping up across the nation, believes it has saved $2 million so far in jail and prison expenses since its inception five years ago.

Alisa Roth has more on the program for the Marketplace Morning Report. Here’s a clip:

Castro ended up in the veterans court in Orange County, California, after he got drunk and beat up a worker in a Subway restaurant. He says he doesn’t remember much of what happened, but he woke up the next morning in jail facing a bunch of felony charges.

The veterans court wasn’t his first choice, he says, but it seemed better than prison. And when he started the program, he was pleasantly surprised to find that it felt familiar.

“It was like being in the Marine Corps again,” he says. “They’re watching you … they’re on you.”

The program is modeled on drug courts, so the emphasis is on treatment and recovery rather than punishment. In this case, the court connects clients to existing services, mostly through the Department of Veterans Affairs, and then forces the vets to make use of them or go back to jail. It’s intense: there’s substance abuse treatment, group therapy and individual therapy, plus regular check-ins with the judge and probation officer at court.

“They make you get those demons out,” Castro says. “They make you work, work, work.”

But it’s also supportive.

“What makes this unique,” says Joe Perez, the presiding judge, “is we’re all getting together, trying to figure out what’s the best way to keep this person from coming back.”

In Orange County, one of the ways they try to keep people from coming back is to make court feel like the military. The judge makes references to the military, sometimes addressing clients by their rank.


LA-AREA FBI AGENT ALLEGEDLY GOES ON SHOPPING SPREE WITH $100,000 IN STOLEN DRUG RAID MONEY

A former FBI agent, Scott Bowman, was indicted Wednesday for allegedly stealing more than $100,000 in confiscated drug raid money, and for obstructing justice by falsifying FBI reports to hide his ill-gotten gains. As part of the Gang Impact Team “GIT” in San Bernardino, Bowman carried out state and federal search warrants throughout the Central District of California, seizing and documenting evidence from drug raids.

Bowman allegedly spent the money on two cars plus upgraded equipment, plastic surgery for his wife, and a weekend in Las Vegas at a luxury hotel with his girlfriend.

As an explanation for his increased spending, Bowman allegedly told his fellow agents that he had received an advance inheritance of $97,000 from his sick father.

Here’s a clip from the Dept. of Justice:

The indictment alleges that Bowman used the stolen money for his own purposes, including spending $43,850 in cash to purchase a 2012 Dodge Challenger coupe, $27,500 in cash to purchase a 2013 Toyota Scion FR-S coupe and approximately $26,612 in cash to outfit these vehicles with new equipment including speakers, rims and tires. According to the allegations in the indictment, the defendant also used approximately $15,000 of the misappropriated cash to pay for cosmetic surgery for his spouse, and opened a checking account into which he deposited approximately $10,665 of the stolen funds, a portion of which he used to pay for a weekend stay at a luxury hotel, casino and resort in Las Vegas, Nevada.

According to the indictment, to conceal his misappropriation of the drug proceeds, Bowman allegedly falsified official FBI reports and other records. Specifically, in connection with one of the seizures, Bowman allegedly endorsed an evidence receipt knowing that it did not accurately reflect the amount of cash seized and altered the same receipt by forging the signature of a police detective next to his own.

The indictment further alleges that Bowman made false representations to his colleagues regarding the disposition of certain seized drug proceeds. In addition, Bowman allegedly sent an email to the detective whose signature Bowman had forged setting forth a detailed cover story that the detective should offer if asked about Bowman’s activities with respect to the seized drug proceeds. According to the indictment, Bowman also allegedly provided the detective with a copy of the forged receipt so that the detective falsely could claim the forged signature as his own, if asked.

The Department of Justice Office of Inspector General has investigated this case, and now it is in the hands of prosecutors from the Criminal Division’s Public Integrity Section.


DISCUSSING BLACK-ON-BLACK CRIME

Fusion’s Collier Meyerson has a worthwhile guide to black-on-black crime for those sometimes generality-ridden discussions about crime in predominantly black communities.

Meyerson excerpts articles, research, and statistics to help move the public dialogue away from common myths toward more fact-driven context. Here are some examples:

2. Gun violence in black communities is a matter of public health, and it depends on a variety of structural inequalities.

Jonah Birch and Paul Heideman break it down in Jacobin:

“Research suggests that violent crime rates are driven by a variety of social factors which tend to make American cities particularly prone to gun violence against black residents. Among the most of these factors are very high levels of neighborhood segregation, concentrated un- and underemployment, poverty and a dearth of adequate social services or institutional resources. Fundamentally, gun violence has to be treated like other kinds of public health problems — not as the basis for continuous, empty calls for an introspective discussion about ‘black on black violence.’ And like other kinds of public health disparities, tackling high rates of inter-personal violence requires confronting the social context in which it occurs.”

[SNIP]

5. Crime in black communities and crime committed against black people by the state are not created equal.

Michael Eric Dyson gives a compelling reason: “Black people who kill black people go to jail. White people who are policemen who kill black people do not go to jail.”

“Focusing on black-on-black crime distracts from the current news (the murder case against Slanger, in this instance) that is worthy of discussion and analysis. Worse, it randomly zooms in on one phenomenon — that sometimes black people kill people who are also black — while ignoring the issues that go hand in hand with it. And that’s a lot to ignore. As Ta-Nehesi Coates wrote at the Atlantic in 2014, “The policy of America has been, for most of its history, white supremacy. The high rates of violence in black neighborhoods do not exist outside of these facts — they evidence them.”

Posted in Edmund G. Brown, Jr. (Jerry), FBI, Foster Care, mental health | 6 Comments »

What Happens When Predictive Analytics Enters the World of Child Protection?….How Do You Define a Gang Member?……The LAPD & the Guardian’s Count

June 2nd, 2015 by Celeste Fremon



WHERE ABUSED CHILDREN MEET THE WORLD OF PREDICTIVE ANALYTICS AND BIG DATA

Much has rightly been made of the unbearably tragic child deaths in Los Angeles and elsewhere in the state, at the hands of those who should have kept them safe, deaths like that of 8-year old Gabriel Fernandez. To refresh your memory, when paramedics showed up at Gabriel’s mother’s home in May 2013, they found the little boy with a fractured skull, three broken ribs, bruises and burns in too many places to count, and his mouth absent two of his teeth. BB pellets were embedded in his lungs and his groin.

Both LA County’s Department of Children Services and the LA County Sheriff’s Department had received complaints that Gabriel was being abused. But somehow nobody acted. And the two-agency non-action resulted in the torture and violent death of an eight-year-old.

Yet, there are other documented cases where DCFS seems to act too quickly, yanking kids out of less-than-ideal but non-dangerous homes and putting them through encounters with the foster care system that were, at best, traumatic and, at worst, deeply damaging.

So how does one tell the difference? Certainly, in some cases, it seems that a modicum of caring attention and common sense would have helped. But in others, the lines may not be so clearly drawn.

Some counties and states around the nation think they might have found at least part of the answer in the realm of what numbers geeks call predictive analytics.

Take for example, the case of Florida’s Department of Children & Families, which had nine child deaths in the state’s Hillsborough County area between 2009 and 2012. All of the kids were under three years old, and all but one were killed by either a parent or paramour.

At the time, the region’s child protective services were contracted out, at a cost of $65.5 million a year, to private youth services agency called Hillsborough Kids.

Florida dumped Hillsborough Kids, bumped up the budget for social workers and, perhaps most significantly, Florida officials contracted to use a new decision-making tool to help the agency prioritize calls of suspected child abuse. It is called Rapid Safety Feedback.

Darian Woods, writing for the Chronicle of Social Change, takes a look at where predictive analytics has entered the world of child protection, who is involved, and what that entry could mean in terms of the future safety of kids.

Here’s a clip:

So in 2012, the department made changes. It commissioned a comprehensive analysis of the data behind the child deaths that were concentrated in Hillsborough County. Hillsborough Kids lost out on the $65.5 million contract and went into liquidation. A private youth services agency, Eckerd Youth Alternatives, was selected by the department to take care of approximately 2,900 abused children in Hillsborough County. The next year, Florida Governor Rick Scott boosted funding for new social workers. Perhaps most radically, a new decision-making tool called Rapid Safety Feedback was introduced in the county.

Rapid Safety Feedback uses — in the parlance of big data crunchers and, increasingly, social scientists — predictive analytics to prioritize calls of suspected child abuse.

Predictive analytics in child protective services means assigning suspected abuse cases to different risk levels based on characteristics that have been found to be linked with child abuse. These risk levels can automatically revise as administrative data is updated. Administrative data may be as simple as school reports or could delve deeper into other information that the state holds: the parents’ welfare checks, new criminal offenses or changing marital status.

Combining predictive analytics with more investigators seems to be producing results in Hillsborough County. According to Eckerd, who also holds contracts in Pasco and Pinellas counties, since it took over the contract in 2012, the quality of reviews has improved 30 percent. There is a significant increase in completed documentation by caseworkers. There have also been zero child homicides in the county since the handover.

LA County is one of the counties that is looking hard at the use of predictive analytics, but they are less positive that big data can solve the problem.


HUMAN JUDGEMENT VERSUS THE MACHINE: CAN SAVVY PEOPLE KEEP KIDS SAFER THAN PREDICTIVE ANALYTICS? OR IS BIG DATA THE ANSWER?

Holden Slattery, also writing for the Chronicle of Social Change, looks further into what LA County is doing as it “struggles to strike the right balance between human judgement and increasingly sophisticated predictive tools when determining the risk that a child will be abused.”

Here’s how Slattery’s story opens:

On weekdays, calls to Los Angeles County’s child abuse hotline reach their peak between 2 p.m. and 6 p.m.—right after school. On average, 70 to 80 calls about child maltreatment in Los Angeles County reach the hotline per hour during that span, according to the Department of Children and Family Services (DCFS), the agency charged with responding to alleged abuse.

There are about 85 social workers manning the phones at any given time. They ask callers to explain how child abuse or neglect took place.

The number of calls made to the largest child welfare system in the United States creeps up each year, said Carlos Torres, an assistant regional manager for the DCFS hotline. In 2014, the hotline received 220,000 calls, he said.

After listening and marking down answers on a computer program, the social workers decide whether a situation meets the criteria for an in-person response. They also decide whether DCFS should respond by the end of their current shift, within 24 hours, or within five days, Torres said.

These decisions, based on small bits of information shared by a caller, determine where DCFS directs its limited human resources. DCFS responds with an in-person investigation to 35 percent of the calls, Torres said. In these cases, a social worker drives to the home, interviews the family, gathers information, and enters his or her findings into a web-based decision-making tool, which, like a questionnaire that an insurance company gives to prospective clients, estimates risk; in this case, risk that a child will be abused.

When everything goes right, DCFS can save a child from harm. When something goes wrong, the result can be heartbreaking. A 2011 report on recurring systemic issues that led to child deaths in Los Angeles County put the onus largely on flawed investigations and problems with the decision-making tool employed. In the search for solutions, public officials have looked toward new technologies, such as analytics software used primarily by private companies, to see if that can keep more children out of harm’s way. As public officials make these kinds of inquiries, in Los Angeles County and across the globe, they confront the conundrum of human judgement versus machine. Some say technological advances hold the answers, while others say that only savvy people are up to the task.

Slattery notes that a number of experts cite research that suggests all this predictive analytics isn’t particularly effective when it comes to assessing if a kid is safe or not.

In any case, read on.


IS IT TIME TO REFORM CALIFORNIA’S “STEP ACT?”

One night in January 1988, rival gang members were shooting each other on the streets of Westwood and mistakenly hit and killed a young woman named Karen Toshiba.

The murder of Karen Toshiba became a flashpoint, as such tragic deaths often do, and 1988 became the year the so-called war on gangs was declared in Los Angeles and, in Sacramento, the state legislature passed the Street Terrorism Enforcement and Protection Act (STEP Act), Statute 186.22 of the penal code.

Among its other functions, the the STEP Act imposed greater punishment for crimes committed “for the benefit” of a criminal street gang. In the beginning, the sentencing “enhancements” were no more than a few years. But it 2000, crimes that were “serious” or “violent,” as defined by the California Penal Code, could be enhanced by five or ten or, in certain cases, a life sentence.

The STEP Act can be brought to bear even when a young man or woman is at the periphery of a gang, with a relationship that has more to do with where he or she lives, than any kind of actively committed or formalized association.

It has resulted in multi-decade sentences for juveniles tried as adults as a consequence of their proximity to violent acts in which they did not participate, even in cases when no one was injured.

If a so-called gang expert can successfully label a defendant as a gang member, even if he or she is not, then the enhancement can kick in, and conviction is also much more likely.

In a story by Daniel Alarcón in this week’s New York Times Magazine called “How Do You Define a Gang Member?” Alarcón
describes a case that shows the STEP Act in action.

The story has to do with a case in Modesto, California, where the primary gangs are variation on the theme of Norteño, or northerners, or Sureños—southerners.

Here’s a clip:

On a rainy day last December, in a courtroom in downtown Modesto, Calif., a 24-year-old white man named Jesse Sebourn, along with five co-defendants, sat accused of second-degree murder. The victim, Erick Gomez, was only 20 when he was shot to death. He was a reputed Norteño gang member who had lived just a few minutes’ drive from the working-class Modesto neighborhood where Sebourn was raised. The police estimate that there are as many as 10,000 gang members in Stanislaus County, where Modesto is, most either Norteños and Sureños, two of California’s most notorious Latino street gangs. The feud between them often turns deadly, and according to Thomas Brennan, the district attorney, this was one such instance: Sebourn and his co-defendants were Sureño gang members hunting for rivals on Valentine’s Day in 2013, when they found Gomez, out on a walk with his girlfriend.

Brennan was not saying that Sebourn had fired the gun; in fact, the accused shooter, Giovanni Barocio, had evaded arrest and is believed to be in Mexico, while witnesses and time-stamped 911 calls made it difficult to believe Sebourn had even been present at the scene when Gomez was killed. But according to the prosecution, Sebourn had set the entire chain of events in motion a few hours before the shooting, when he and two of his co-defendants tagged a mural eulogizing dead Norteños in an alley behind the building where Gomez lived. Sebourn and the others were caught in the act and beaten by Norteños, though they got away with little more than scrapes and bruises. But the prosecution argued that spray-painting over a rival’s mural was an aggressive act intended to incite violence — the equivalent of firing a shot. By this interpretation of events, the afternoon scuffle led directly to that evening’s murder: tagging, fisticuffs and finally, hours later, homicidal retaliation, each escalation following logically and inevitably from the previous. “Ask yourself,” Brennan said to the jury in his opening statement, “what are the natural and probable consequences of a gang fight?”

But this time the defense has a gang expert of its own, a former gang member turned PhD named Jesse De La Cruz…

In any case, read on.


THE LAPD HAS THE MOST POLICE KILLINGS IN 2015 OF ANY LAW ENFORCEMENT AGENCY IN THE NATION, SAYS THE GUARDIAN, WHICH HAS DECIDED TO COUNT

The Guardian newspaper has launched a project it is calling The Counted, the purpose of which is to count people killed by police in the U.S. in 2015.

It’s an interactive project, which you can find here.

Over at KPCC, Aaron Mendelson writes that, according to the Guardian’s database, the Los Angeles Police Department has killed more people (10), than any other law enforcement agency in the United States this year, that’s twice as many as the four law enforcement agencies, one of which is the LASD, that are in second place.

Anyway, it’s interesting so take a look, both at what KPCC has isolated from the database, and at the Guardian database itself.

Posted in crime and punishment, criminal justice, DCFS, families, Foster Care, LAPD, LASD, Sentencing | 17 Comments »

Moving Away from Solitary Confinement in LA and CA – UPDATED….Bills, Bills, Bills….Mental Illness….and LYRIC

May 29th, 2015 by Taylor Walker

ADVOCATES AND OTHERS WHO WERE HELD IN SOLITARY AS KIDS PRAISE LA COUNTY SUPES FOR SUPPORTING CA BILL TO DRASTICALLY LIMIT SOLITARY CONFINEMENT FOR KIDS

On Tuesday, the LA County Board of Supervisors voted unanimously to support CA Sen. Mark Leno’s important bill to limit the use of solitary confinement at state and county juvenile correctional facilities.

In the days immediately following, various advocates, some of whom had personally experienced the trauma of solitary confinement as kids, praised the board’s decision to back the measure.

Sheila Kuehl, authored the motion, which was co-sponsored by Ella Baker Center for Human Rights, Youth Justice Coalition, the Children’s Defense Fund of California, and the CA Public Defender’s Association. In response to the positive vote, Kuehl said, “I’m proud to be part of this rehabilitative movement working to change our treatment of incarcerated youth, and want to thank my fellow Supes for joining with me on this critically important issue.”

In her motion, Supervisor Kuehl said the board’s hope is that the county will set a precedent—the “LA Model”—at both the state and national levels by overhauling the way LA County supervises the 1,200 kids in its juvenile detention facilities. As the first step in that model, Kuehl points to the $48 million transformation of the dilapidated Camp David Kilpatrick, now under construction, that will turn it into a facility focused on “relationship-building, trauma informed care, positive youth development, small and therapeutic group settings, quality education, properly trained staff, a relational approach to supervision and an integrated group treatment model.”

An overuse of solitary confinement is not in keeping with the rehabilitative focus of the LA Model, thus the Supes have moved to support Sen. Leno’s proposed legislation.

Alex Johnson, Executive Director of Children’s Defense Fund-California said that the support of the supervisors for Leno’s bill “moves the state one step closer to ending the use of solitary confinement for youth in California,” and helps “to ensure that youth in L.A. County and across the state receive the healing and rehabilitation they need to succeed rather than be re-traumatized.”

Specifically, the bill would ban isolating kids except in extreme circumstances in which a kid poses a serious threat to staff or others, and when all other alternatives have not worked. The bill would also clearly define solitary confinement as “involuntary placement” in isolation away from people who are not staff or attorneys. Kids would also only stay in solitary for the least amount of time needed to handle the safety risk.

Francisco Martinez, a youth leader with the Youth Justice Coalition described solitary confinement as “horrible – like an animal in a cage.” Martinez lived through solitary confinement at Los Padrinos Juvenile Hall in Downey, CA. “The conditions were a small, dirty concrete room,” he said. Food, dirt, and spit covered the walls and windows, and the mattress was i, according to Martinez. “We were kept in our boxers with a tee shirt and socks, and a thin blanket.” Martinez said the air conditioning, which blew 24-7, “was even worse for me, because I have asthma. I had shortness of breath when I woke up until I went to sleep.”

The passage of Sen. Leno’s bill, say advocates, would be meaningful not only for the kids who are locked away in isolation, but also for their loved ones on the outside, the family members to whom they return, often more damaged than before their incarceration.

“My godson was incarcerated for almost 10 years since the age of 15. His time in solitary confinement hurt him the most, and I was worried the damage would be permanent,” said LaNita Mitchell, board member of the Ella Baker Center. “Our children need help, not torture.”

“Troubled youth need treatment, not isolation,” said Sen. Leno. ““Deliberately depriving incarcerated young people of human contact, education, exercise and fresh air is inhumane and can have devastating psychological effects for these youth, who are already vulnerable to depression and suicide.”

The LA Supervisors’ move came one week after the Contra Costa County Probation Department agreed to ban solitary confinement in juvenile facilities, as part of a groundbreaking settlement.


CA ASSEMBLY TAKES ACTION ON CRIMINAL JUSTICE AND FOSTER CARE BILLS

On Thursday, the California Assembly and Senate Appropriations Committees took action on a number of weighty criminal justice and foster care bills.

Among other noteworthy justice-related bills, the Assembly Committee addressed measures that aimed to reverse portions of California’s Prop 47—the reclassification of certain non-violent drug and property-related felonies as misdemeanors.

AB 150 by Assemblymember Melissa Melendez (R-Lake Elisnore) which would have bumped gun theft back up to a felony, was blocked, while SB 333 by Sen. Cathleen Galgiani (D-Stockton), a bill to reinstate the felony classification to the possession of date rape drugs, was sent to the Senate floor for a vote.

Three bills addressing the state’s over-drugging of foster kids made it out of the Senate Committee alive: SB 238 from Sen. Holly Mitchell (D-LA), which would require the state to collect data on how many kids in foster care are prescribed psychotropic (and other potentially dangerous) meds; SB 319 by Sen. Jim Beall, which would establish a monitoring system for public heath nurses to oversee foster kids who have been given psychotropic drugs; and SB 484, also by Beall, which would make the state identify and inspect foster care group homes in which kids are being over-drugged, and create drug reduction plans for those homes.

Other bills that advanced Thursday, and are worth tracking:

AB 1056 by Assemblymember Toni Atkins would use money saved by Prop 47 to house former offenders through the “Second Chance Program for Community Re-entry.”

SB 674 by Senate President Pro Tem Kevin de Leon, (D-LA) would require cops to issue certificates to immigrant victims of crime who have aided law enforcement during investigations. Those certificates could then be used by immigrants to avoid being deported.


MENTAL ILLNESS IN THE AGE OF MASS INCARCERATION

The Sacramento Bee’s Daniel Weintraub has an interesting profile of MacArthur Genius Elyn Saks, a professor of law, psychology and psychiatry at USC, in the midst of her own battle with schizophrenia, has become a champion for the mentally ill, fighting against the criminalization of people with mental illness, and pushing for legislation that brings treatment to the community level.

Here’s a clip from Weintraub’s story:

“Everything about my past says I shouldn’t be here,” Saks says.

But here she is – a professor of law, psychology and psychiatry at the University of Southern California. She is a researcher, an author and the recipient of a $500,000 MacArthur Foundation “genius grant.”

Thirty-five years ago, however, Saks was first-year law student at Yale University suffering a terrifying mental breakdown. Studying with friends one night, she started speaking gibberish and singing the Florida “sunshine song.” Then she withdrew inside herself.

That episode eventually landed her in the emergency room and led to five months in a psychiatric hospital. She was placed under restraints for up to 20 hours at a time. Her doctors described her prognosis as “grave.” Some expected her to live out her life in board and care homes, doing menial jobs – or living on the streets.

But with the help of a few close friends, her family, regular therapy and medication, Saks held her life together, and then some.

Her experience led her to become a leading opponent of the use of force to control people with mental illness, a practice she says is largely unnecessary. She also believes it is dehumanizing and probably counterproductive, because it keeps many people from seeking the care they need.

The first time she was “retrained,” Saks said, a sound she had never heard came out of her mouth: “It was a half-groan, half-scream, barely human and pure terror.”

In an op-ed for CNN, Newt Gingrich and Van Jones lay out the ways incarcerating mentally ill Americans does a colossal disservice to taxpayers, cops, and, of course, the mentally ill, and stress the importance of identifying and implementing research-based strategies to keep people with mental illness out of jails and prisons.

Newt Gingrich, a former Speaker of the House who, along with some of his other Right on Crime colleagues, was instrumental in getting both Prop 47 and Prop 36 passed. Van Jones is a former presidential advisor and founder of Rebuild the Dream, an online platform focusing on policy, economics and media.

Here’s a clip from the op-ed:

America’s approach when the mentally ill commit nonviolent crimes — locking them up without addressing the problem — is a solution straight out of the 1800s.

When governments closed state-run psychiatric facilities in the late 1970s, it didn’t replace them with community care, and by default, the mentally ill often ended up in jails…

Today, in 44 states and the District of Columbia, the largest prison or jail holds more people with serious mental illness than the largest psychiatric hospital. With 2 million people with mental illness booked into jails each year, it is not surprising that the biggest mental health providers in the country are LA County Jail, Rikers Island in New York and Cook County Jail in Chicago…

Cycling [the mentally ill] through the criminal justice system, we miss opportunities to link them to treatment that could lead to drastic improvements in their quality of life and our public safety. These people are sick, not bad, and they can be diverted to mental health programs that cost less and are more effective than jail time. People who’ve committed nonviolent crimes can often set themselves on a better path if they are provided with proper treatment.

The current situation is also unfair to law enforcement officers and to the people running our prisons, who are now forced to act as doctors or face tense confrontations with the mentally ill while weighing the risk to public safety. In fact, at a time when police shootings are generating mass controversy, there is far too little discussion of the fact that when police use force, it often involves someone with a mental illness.

Finally, the current approach is unfair to taxpayers, because there are far more cost-effective ways for a decent society to provide care to the mentally ill. Just look at Ohio, where the Department of Rehabilitation and Correction is projected to spend $49 million this year on medications and mental health care, on top of nearly $23,000 per inmate per year.


FIRST-OF-ITS-KIND PUBLIC DEFENDER’S OFFICE PROGRAM TO TEACH KIDS THEIR RIGHTS WHEN INTERACTING WITH LAW ENFORCEMENT

Alameda County Public Defender’s Office recently visited an 11th grade class at Oakland Technical High School to teach them the things they should say and do (and things they should not say and do) when stopped by law enforcement. The purpose of the Public Defender’s Office’s unique program, Learn Your Rights in California (LYRIC), is to make sure young people of color—many of whom have been stopped by officers before—are aware of their rights, and to help them have better interactions with cops. The public defenders taught the Oakland Tech students through role-play and skits in addition to a thorough Q&A session.

KQED’s Sara Hossaini has the story. Here’s a clip:

“Good morning, My name is Brendon Woods, Jennie’s boss,” Woods says, introducing himself to the class as Alameda County’s first African-American public defender.

“We’re here to talk to you about L.Y.R.I.C.”

He tells the class of mostly black and brown students that the L.Y.R.I.C. program stands for Learn Your Rights in California. He says it’s something that has personal meaning for him.

“Because when I was your guys’ age, I got stopped and harassed all the time,” Woods explains. “And it’s important for me to make sure that you guys know your rights and are able to assert them.”

Deputy Assistant Public Defender Jennie Otis hopes that helps keep kids out of the system.

“I think it plays many roles,” Otis says. “One is hopefully to reduce our clientele.”

Posted in Board of Supervisors, Foster Care, Mental Illness, racial justice, Reentry, solitary | No Comments »

Community Policing, Drugging Foster Kids, Banning Solitary for Kids, and Combatting Sex Trafficking

May 20th, 2015 by Taylor Walker

LAPD ANNOUNCES A COMMUNITY POLICING PILOT PROGRAM THAT WILL ADD 16 NEW FOOT PATROL COPS TO EASTSIDE

On Monday, the Los Angeles Police Department announced a pilot program that will increase the number of foot patrol officers in its Hollenbeck Division.

The “Hollenbeck Community Partners Program” will have sixteen beat cops walking corridors in areas like Boyle Heights, Lincoln Heights and El Sereno, as part of the LAPD’s increased community policing and crime prevention efforts. Eight new pairs of beat cops may not sound like a lot, but the move is a significant one for a department that has traditionally relied on officers in cruisers to patrol its territory, which stretches 468 square miles and has a population of four million.

KPCC’s Frank Stoltze has more on the program and what the department and members of the community hope it will achieve. Here are some clips:

Relationship-based policing requires staying in a neighborhood. It is an increasingly popular term among criminal justice experts and civil rights activists who say police have become too disconnected from the communities they police. The Los Angeles-based Advancement Project is one proponent.

The LAPD, which has fewer officers per capita than many big city police departments, has used foot patrols on a limited basis on Skid Row, in Venice and elsewhere. The sprawl of Los Angeles makes it hard to patrol effectively and efficiently by foot.

The increase comes less than a month after the LAPD announced it’s quadrupling the size of its elite Metropolitan Division to 200. In contrast to the foot patrols, Metro cops are assigned to swoop into high crime areas with an eye toward making a lot of stops and arrests. Some worry that effort could hurt community policing efforts.

[SNIP]

Foot patrol officers typically make fewer arrests.

“I like to think of it as more preventing crimes,” said Officer Joe Romo, who may be the most veteran foot officer in the city at 16 years. “It’s a more positive way to police.”

He said he arrests about ten people a year. Officers in patrol cars responding to radio calls arrest five to ten people a month, he said.

“I’m not expecting these guys to be hauling people in left and right,” said Baeza, the area captain. “I am expecting them to build relationships and partnerships with the community.”

The LA Times’ Kate Mather also reported on the LAPD’s program. Here’s a clip:

If the effort goes well, officials said, they will look for ways to expand “foot beats” across the city.

It’s a back-to-basics approach that is common in other cities that are more compact, like Chicago, or that have larger departments, like New York, but it never became a staple of policing in Los Angeles, where officers rely on patrol cars to cover the city’s roughly 470 square miles.

“We have foot beats that come and go and foot beats that work some areas, but none that will be like in Hollenbeck,” said Assistant Chief Jorge Villegas. “One hundred percent of the time, that’s all they’ll do.”

The move marks a step away from the iconic image of LAPD officers cruising down palm-lined streets in black-and-white cars.

Newsweek’s Victoria Bekiempis has an interesting story exploring the “catch-22″ of placing more cops—even cops intending to rebuild police-community relations—on the streets in communities that are feeling over-policed in the first place. Here’s a clip, but go read the rest:

The President’s Task Force on 21st Century Policing, meanwhile, is charged with determining the best ways police can reduce crime and build trust with communities. In early March, the task force published an hundred-plus page interim report that emphasizes community policing as a way to achieve these goals—in fact, “Community Policing & Crime Reduction” is one of the six listed “pillars” in the report. Some of the recommendations in this section seem almost tailor-made for foot patrol proponents. Police must communicate with people at times other than emergency calls or crime investigations, the report recommends. Law enforcement agencies must allow officers time “to participate in problem solving and community engagement activities” during patrols, the report says.

Foot patrol sounds like an even better idea when you look at the data. Research has indicated it both improves police-community relations and fights crime. Though these positive outcomes make foot patrol quite an appealing policing tactic today, they happened before a year that saw the police-involved deaths of Eric Garner, Michael Brown, Akai Gurley, Tamir Rice and Walter Scott—and, most recently, Freddie Gray.

While man-on-the-street interviews wouldn’t provide quantitative data, I had been looking into foot patrol for a while, including earlier reporting on St. Petersburg’s initiative, and I had traveled to Baltimore hours before the city burned to try to find out whether residents thought the requirement would work, both in general and in light of Gray’s death. In interviews, the general sentiment was that foot patrol, like other community-policing techniques, was either a pipe dream or a paradox: Foot patrol could build much-needed trust in communities of color, but not until trust had first been restored. Residents conceded, however, that restoring trust probably wouldn’t happen if successful community-police engagement programs, such as foot patrol, weren’t already in place.

Sure, this doesn’t mean that foot patrol wouldn’t work, but it suggests that officials’ enthusiasm for foot patrol might be too glib—and that a lot of people supposedly poised to benefit from this kind of community policing absolutely do not want more cops on the streets right now.

On a stretch of sidewalk empty save for a few shuffling seniors, neighborhood resident Thomas Thornton says Baltimore’s foot patrol program isn’t inherently ill-conceived but is an awful idea given recent events. Before Gray brought police-community relations to a breaking point in Baltimore, resentment had long been building, explains Thornton, who works as a janitor. He says police routinely stop him and others in the neighborhood and ask, “Where are you going?” and “What are you doing?” Residents “see the uniform as a threat,” and that perception has intensified, he says.

“At this time, I don’t think it’s a good time to walk around—at all,” says Thornton, 45, speaking of foot patrol. “Maybe eventually, but at the present time, I wouldn’t recommend it. Not right now. Because it’s so tense.”

Marguerite Johnston, also a neighborhood resident, doesn’t think all police are bad based on the behavior of a few; she was raised not to judge people like that, she says. Johnston, 61, says the bad ones have nothing better to do than pick on people. Police officers should get to know their community, she says, recalling a time when a uniformed cop used to walk her neighborhood and even knew her by name. Maybe this kind of familiarity would build relationships, she says, and would make things better. Foot patrol is a good idea, she agrees, just not any time soon, given the present tensions.

“Maybe down the road? Probably sometime at the end of the year?” Johnston says. “It’s a catch-22. The police should probably try harder to gain the community’s trust before doing these projects.”

Then there was outright pessimism—a lot of it, actually.

“It’s only going to make it worse,” says Kyree Brown, who was sitting on a stoop with friends near the police station, talking about foot patrol. “It’s them against us.”

Could people trust police, then, if the programs that are supposed to engender trust don’t work?


THE COST OF PROTECTING CA’S FOSTER KIDS FROM DOCTORS PRESCRIBING THEM DANGEROUS PSYCHOTROPIC MEDS

A package of four California reform bills to address over-drugging in California foster care system could cost $8 million—and possibly over $22 million—per year, according to court estimates. The bills have bipartisan support, and have a good chance of making it through both legislative houses and onto Governor Jerry Brown’s desk.

Karen de Sá, who has been doing some powerful investigative reporting on the excessive use of psychotropic medications to treat California kids in the foster care system, has more on the issue. Here’s a clip:

“When you consider the long-term harm and consequences to the kids being doped up like this, it’s really pennies — I personally believe $8 million is budget dust,” said Mike Herald, a legislative advocate with the Western Center on Law and Poverty. “But in my experience, just about anything is subject to his rejection if it’s going to cost millions of dollars.”

In an early sign of possible support, however, Brown’s $115.3 billion budget plan released Thursday included two surprises: $149,000 to improve data on prescribing to foster children, and an increase of $1.5 million for social worker training that includes psychotropic medication issues.

“This is an exciting development,” said Kathryn Dresslar, who was chief of staff to former Senate President Pro Tem Darrell Steinberg and is with the nonprofit advocacy group Children’s Partnership. “The fact that there are dollars in the budget right now that specifically mention training for psychotropic drugs, and the kind of tracking that we need, is good news — I think that means that the administration intends to address this problem in some way to a greater extent than they have in the past.”

Under four bills inspired by this newspaper’s ongoing investigation “Drugging Our Kids,” a mix of federal and state funds would be used to hire 38 new public health nurses; provide second medical opinions, and train social workers and caregivers to watch out for side effects and to advocate for alternatives to mind-numbing meds. Juvenile court judges could not approve prescriptions for foster children without lab tests and ongoing monitoring and unless kids 14 and older consented in writing. Social workers would be alerted about prescriptions for young children and those on multiple meds; and there would be new oversight of residential group homes, where the medications are most frequently prescribed.

Policy analysts say the four reform bills authored by Sens. Jim Beall, D-San Jose; Holly Mitchell, D-Los Angeles, and Bill Monning, D-Carmel, will save the state money, with fewer costly and unnecessary drugs billed to the public health system. California taxpayers spend more on psychotropics than on drugs of any other kind for foster children, this newspaper found, more than $226 million over a decade.


CONTRA COSTA KICKS SOLITARY CONFINEMENT FOR KIDS TO THE CURB

As part of a groundbreaking settlement, Contra Costa County Probation and has agreed to end solitary confinement in the county’s Juvenile Hall. Kids will no longer endure prolonged isolation (for more than four hours) as punishment or for convenience. After the four-hour mark, kids must either be removed from solitary confinement, be placed in an individualized program, or be sent to a mental health facility.

Contra Costa’s Dept. of Education has also agreed to make sure that locked up kids with disabilities are getting their educational needs met.

Public Counsel has more on the settlement and its implications. Here’s a clip:

“At a time when the nation is re-evaluating the use of solitary confinement, this settlement is of extraordinary public importance,” said Mary-Lee Smith, Managing Attorney at Disability Rights Advocates. “In Contra Costa County, the draconian practice of solitary confinement will come to an end and the focus will be, as it should, on education and rehabilitation. Our hope is that other facilities across the nation will follow suit.”

Under the settlement agreement with the Contra Costa County Probation Department, the County will no longer use solitary confinement (also known as room confinement) for punitive reasons, discipline, or for expediency. In line with national standards, the County may segregate a youth in his or her room for no more than four hours and only if the youth’s behavior threatens immediate harm to themselves or others. After four hours, the Department must remove the youth from confinement, develop specialized individualized programming for the youth, or assess whether the youth should be transported to a mental health facility. The settlement also calls for two joint experts to review the Department’s practices, implement changes to improve conditions for young people with disabilities, and monitor compliance for two years.

“This landmark settlement puts an end to the egregious practice of subjecting children with disabilities to inhumane maximum security-like prison conditions and unconscionable deprivations of education,” said Public Counsel Education Rights Director Laura Faer. “The promise of this settlement for youth in the juvenile hall is real rehabilitation, support instead of isolation and segregation, and high quality special education services and options. If the Defendants bury the hatchet and focus on implementation, Contra Costa can become a model for the state and the Nation.”

Under the settlement agreement with the Contra Costa County Office of Education, the County Office of Education will retain an outside expert to evaluate its compliance with federal and state special education laws and to ensure that the students with disabilities in Juvenile Hall receive the special education that they need. The expert will make recommended revisions to policies, procedures and practices as they relate to Child Find, development and implementation of individualized education plans, and discipline and monitor compliance for two years.


LA COUNTY SUPES APPROVE $$$ FOR TRAINING STAFF AND COMMUNITY ON HOW TO RECOGNIZE KIDS WHO ARE VICTIMS OF SEX TRAFFICKING

The LA County Board of Supervisors voted Tuesday to allocate $250,000 to train county staff and community partners to identify young victims of sex trafficking. The LA County Probation Dept. has already trained 7,000 individuals, but more must be done to protect the county’s children from exploitation, according to the motion by Supe. Don Knabe.

Probation will use the money to develop further training in collaboration with other county departments and community groups, and to train thousands more people to recognize the warning signs earlier.

Posted in Edmund G. Brown, Jr. (Jerry), Foster Care, juvenile justice, LA County Board of Supervisors, LAPD, solitary, Violence Prevention | 2 Comments »

Protecting Trafficked Foster Kids…Without Legal Representation…Splitting Detained Immigrant Moms from Kids…Sonoma Explores Law Enforcement Oversight

May 14th, 2015 by Taylor Walker

LA SUPERVISORS APPROVE PLANNING HIGH-SECURITY RESIDENCE FOR TRAFFICKED FOSTER KIDS

On Tuesday, the Los Angeles County Board of Supervisors advanced with a plan to build a residential facility for foster kids who are at risk of being trafficked by pimps.

Over the last few years, the county has moved away from criminalizing and incarcerating sexually exploited minors as “prostitutes,” instead treating them as victims and placing them in foster homes. While this is a big step in the right direction, placing trafficked kids into foster care and connecting them with services and mentors is not always enough. Sometimes young girls run back to the streets and their pimps.

The LA County Supervisors and the head of the Dept. of Children and Family Services have butted heads on this complex issue for months. The current model is not keeping the trafficked kids safe from exploitation, and yet, confining the foster kids in their homes is not much different than incarcerating them, and pimps have their claws in juvenile detention facilities, says Supe. Sheila Kuehl.

The new high-security live-in facility will be built to keep pimps out, while still allowing foster kids to come and go. The Supes have set a three-month planning period, during which time more than a dozen county departments and agencies will work together toward finding a design that will keep kids safe.

(Read the backstory: here.)

The LA Times’ Garrett Therolf has the story. Here’s a clip:

“If they really want to leave, they can leave, but we want to discourage it by giving them a real opportunity to heal,” Supervisor Sheila Kuehl said in an interview.

Supervisor Don Knabe, who advocated for a locked facility, cited a recent case of an 11-year-old girl who recently left a foster care group home to return to her pimp and work at an event where men paid to have sex with her.

Knabe’s spokeswoman, Cheryl Burnett, said he “is pleased that we are moving forward, but he remains frustrated that he continues to hear that our ability to protect these girls is limited.”

County staffers are analyzing available public and private facilities as a site for the new center. Possibilities include rehabilitating the closed MacLaren Children’s Center in El Monte or one of the probation juvenile detention camps.

The supervisors established a three-month deadline for a detailed plan.


WHY PEOPLE CHARGED WITH MISDEMEANORS SO OFTEN GO WITHOUT LEGAL REPRESENTATION

The Sixth Amendment Center’s David Carroll has an informative run-down on the reasons people go to jail every day in the US for misdemeanor offenses without ever speaking to a lawyer, in violation of their constitutional right to legal representation. Carroll also sheds light on why these widespread constitutional breaches have been left unchecked for so many years.

One of the reasons defendants go without representation is prosecutor interference:

Following their arrest, most people are brought to a police station or detention center for processing. At some point thereafter the defendant is likely brought before a judicial officer to determine whether or not he should be released pending further court action. In 2008, the U.S. Supreme Court determined that the right to counsel attaches the first time a defendant is brought before a judge or magistrate. From that point forward, a court cannot proceed with a critical stage of the case without offering counsel to the poor defendant. (The 6AC wrote a whole report on these requirements, available here.)

Despite this, prosecutors often interfere with that right to counsel process. If the defendant is out of jail pre-trial he may be required to meet with a prosecutor before getting his constitutionally guaranteed lawyer, or more likely, enter a guilty plea without ever getting that lawyer at all. For example, a Sixth Amendment Center report details how one misdemeanor court in Delaware asks defendants appearing for arraignment to wait in one of two lines based alphabetically on last name. After standing in line, the first person a defendant encounters is not a public defender, but a prosecutor seeking to make a plea deal. On an average day during out site visits, these two lines totaled approximately 200 individuals. Not surprisingly, more than 75 percent of misdemeanor defendants in Delaware proceed through the Court of Common Pleas without ever having spoken to a lawyer.

And many municipalities and states, California included, do not employ tracking systems to compile data on whether the Sixth Amendment and the Fourteenth Amendment are being carried out:

In Gideon v. Wainwright, the Supreme Court made the provision of indigent defense services a state obligation through the Fourteenth Amendment. Though it is not believed to be unconstitutional for a state to delegate its constitutional responsibilities to its counties and cities, in doing so the state must guarantee that local governments are not only capable of providing adequate rep­resentation, but that they are in fact doing so. A number of states have no institutional presence to begin to assess whether its constitutional obligations under the Sixth and Fourteenth Amendments are being met at the local level, including: Arizona, California, Illinois, Mississippi, Nebraska, Nevada, Pennsylvania, South Dakota, Utah and Washington.


FEDS RESPONSE TO RULING AGAINST LOCKING IMMIGRANT KIDS AND MOMS IN UNLICENSED FACILITIES: THEN WE WILL SPLIT UP THE KIDS AND MOMS

Late last month, a US District Judge in CA, Dolly Gee, issued a tentative ruling against detaining immigrant kids and their mothers in unlicensed facilities, and against locking up kids and an accompanying parent unless they pose a safety or flight risk.

The US Dept. of Justice says that if the three unlicensed facilities get shut down, it will mean separating mothers and their children when the moms are deemed a flight risk. There are more than 1,000 women and children incarcerated betweem the three facilities, most of whom say they crossed the border fleeing gang violence in Central America.

Attorneys for the immigrant families and the DOJ have until May 24 to agree on a solution before Judge Gee makes a final decision.

McClatchy’s Franco Ordonez has more on the issue. Here’s a clip:

Federal attorneys acknowledged the family detention system could collapse if the ruling stands. Leon Fresco, a deputy assistant attorney general, warned the court that such a ruling would actually encourage separation of parents and children and turn minors into “de facto unaccompanied children.”

“This isn’t a situation where we want to detain the mother. These are situations where we have to detain the mother, your honor,” Fresco told the court.

The practice of family detention has reached a tipping point. Multiple lawsuits against family detention have been filed in California, Texas and the District of Columbia. Advocates for the mothers say it’s unlawful to detain children with their parents in jail-like facilities.

The government has dug in its heels, arguing that it needs greater flexibility when detaining parents who are considered a flight risk but also that it needs to send a strong message to Central America that it’s not OK to cross the border illegally.

[SNIP]

The government argued the agreement didn’t take into account family detention, which didn’t begin until 2001. Fresco told the court that the government needed greater flexibility if the parent is considered a flight risk or if the officials think it’s safer to have the children with the parent.

He said he worried that if officials separated families, smugglers would seize the opportunity and take advantage of young migrants, pretending to be children’s parents in order to avoid being detained.

“The outcome of this is going to be to separate families, create uncertainty where we don’t have uncertainty now and to endanger children,” Fresco said, according to the transcript.


SONOMA COUNTY SERIOUSLY CONSIDERS LAW ENFORCEMENT OVERSIGHT AFTER 13-YEAR-OLD IS KILLED

In late 2013, a Sonoma County deputy fatally shot thirteen-year-old Andy Lopez who was holding a pellet gun that the officer mistook for an assault rifle. Andy’s death spurred lawmakers to reintroducing legislation that would require all fake firearms to be produced in bright colors.

Now, the Sonoma County Board of Supervisors is moving toward creating an Office of Independent Auditor to look into officer-involved shootings and complaints about the sheriff’s department and the probation department. The Auditor would also act as a community liaison. The Supes set a June 16 deadline for job descriptions and budget for the Independent Auditor’s Office.

The Santa Rosa Press-Democrat has more on the issue. Here’s a clip:

“We need to turn this around fast,” Supervisor Shirlee Zane said. “It’s going to cost some money; it’s got to go into this budget.”

The auditor’s office was the central and most ambitious recommendation in a package of proposals made by a county-appointed panel studying community relations with law enforcement agencies in the aftermath of Andy Lopez’s October 2013 shooting death.

The 21 recommendations, put forward by the Community and Local Law Enforcement Task Force, cover a sweeping set of ideas — from boosting mural projects to improving student mental health services.

But of all the recommendations, the independent body overseeing law enforcement generated the most study and public debate. On Tuesday, the Board of Supervisors dedicated the bulk of its hearing — its first on the entire set of proposals from the task force — to the oversight office.

Board Chairwoman Susan Gorin called Lopez’s death “a tragedy which is still tearing us apart” before supervisors voiced their support for advancing the auditor proposal. They said they would need more time to evaluate the other 20 proposals.

Posted in DCFS, Department of Justice, Foster Care, juvenile justice, LA County Board of Supervisors, law enforcement, Prosecutors | No Comments »

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