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Finding the Child Welfare Czar….”Overcorrected, Overdirected, and Overpunished” Kids…Dylan Roof and CA Prison Segregation…and More

July 9th, 2015 by Taylor Walker

LA COUNTY SUPERVISORS MAY NAME A CHILD WELFARE CZAR TODAY

The LA County Board of Supervisors held a closed-door meeting Tuesday to interview two candidates to lead the Office of Child Protection, an entity recommended by a Blue Ribbon Commission on Child Protection convened to jumpstart much-needed reform efforts in the county child welfare system.

The Supes are slated to interview two more candidates today (Thursday), and could possibly issue their final decision today, as well.

Fesia Davenport, who has served as the interim child welfare czar, is reportedly among those being considered for the position.

Holden Slattery has more on the issue in a story for the Chronicle of Social Change. Here’s a clip:

Fesia Davenport, who the board appointed as interim director of the office in February, is a candidate for the position, according to Wendy Garen, president and CEO of the Ralph Parsons Foundation, which was one of 17 foundations to endorse the BRC recommendations in a letter to the Board of Supervisors.

“It’s been a robust process. There are outside candidates,” Garen said. “I do believe that Fesia [Davenport] is a candidate and that her performance to date has been remarkable.”

Garen said she has no knowledge about the other candidates and, due to that, she does not know whether Davenport is the best candidate for the job.

The creation of an Office of Child Protection was the most prominent recommendation to emerge from the Los Angeles County Blue Ribbon on Child Protection’s (BRC) December 2013 interim recommendations and again in its final report in April.

“I hope that the OCP director who the board ultimately hires is a person that is imbued with many of the traits that the child protection commission envisioned initially,” Leslie Gilbert-Lurie, co-chair of the transition team tasked with implementing the BRC recommendations, said in a phone interview Tuesday. “A strong leader with experience in child welfare who is collaborative and imaginative, and not afraid to stand up to the existing institutions.”


TO CHANGE “CHALLENGING” KIDS’ BEHAVIOR – DONT: PUNISH AND REWARD; DO: HELP KIDS UNDERSTAND AND LEARN FROM THEIR ACTIONS

Katherine Reynolds Lewis has an excellent longread for the July/August issue of Mother Jones Magazine about psychologist Ross Greene’s game-changing discipline methods of teaching kids problem-solving skills instead of employing the now largely discredited punishment-reward system developed by B.F. Skinner in the mid-20th century.

The idea is that, punishing children who are acting out, and who are often called “challenging,” only exacerbates kids’ underlying problems and helps to push them through the school-to-prison pipeline. Kids brains have not developed enough to have control over their behavior and emotions, so punishing them, instead of helping them understand the “why” behind their behavior, is extremely counterproductive, according to Greene’s theory.

Here are some clips:

…consequences have consequences. Contemporary psychological studies suggest that, far from resolving children’s behavior problems, these standard disciplinary methods often exacerbate them. They sacrifice long-term goals (student behavior improving for good) for short-term gain—momentary peace in the classroom.

University of Rochester psychologist Ed Deci, for example, found that teachers who aim to control students’ behavior—rather than helping them control it themselves—undermine the very elements that are essential for motivation: autonomy, a sense of competence, and a capacity to relate to others. This, in turn, means they have a harder time learning self-control, an essential skill for long-term success. Stanford University’s Carol Dweck, a developmental and social psychologist, has demonstrated that even rewards—gold stars and the like—can erode children’s motivation and performance by shifting the focus to what the teacher thinks, rather than the intrinsic rewards of learning.

In a 2011 study that tracked nearly 1 million schoolchildren over six years, researchers at Texas A&M University found that kids suspended or expelled for minor offenses—from small-time scuffles to using phones or making out—were three times as likely as their peers to have contact with the juvenile justice system within a year of the punishment. (Black kids were 31 percent more likely than white or Latino kids to be punished for similar rule violations.) Kids with diagnosed behavior problems such as oppositional defiant disorder (ODD), attention-deficit/hyperactivity disorder (ADHD), and reactive attachment disorder—in which very young children, often as a result of trauma, are unable to relate appropriately to others—were the most likely to be disciplined.

Which begs the question: Does it make sense to impose the harshest treatments on the most challenging kids? And are we treating chronically misbehaving children as though they don’t want to behave, when in many cases they simply can’t?

That might sound like the kind of question your mom dismissed as making excuses. But it’s actually at the core of some remarkable research that is starting to revolutionize discipline from juvenile jails to elementary schools. Psychologist Ross Greene, who has taught at Harvard and Virginia Tech, has developed a near cult following among parents and educators who deal with challenging children. What Richard Ferber’s sleep-training method meant to parents desperate for an easy bedtime, Greene’s disciplinary method has been for parents of kids with behavior problems, who often pass around copies of his books, The Explosive Child and Lost at School, as though they were holy writ.

His model was honed in children’s psychiatric clinics and battle-tested in state juvenile facilities, and in 2006 it formally made its way into a smattering of public and private schools. The results thus far have been dramatic, with schools reporting drops as great as 80 percent in disciplinary referrals, suspensions, and incidents of peer aggression. “We know if we keep doing what isn’t working for those kids, we lose them,” Greene told me. “Eventually there’s this whole population of kids we refer to as overcorrected, overdirected, and overpunished. Anyone who works with kids who are behaviorally challenging knows these kids: They’ve habituated to punishment.”

Under Greene’s philosophy, you’d no more punish a child for yelling out in class or jumping out of his seat repeatedly than you would if he bombed a spelling test. You’d talk with the kid to figure out the reasons for the outburst (was he worried he would forget what he wanted to say?), then brainstorm alternative strategies for the next time he felt that way. The goal is to get to the root of the problem, not to discipline a kid for the way his brain is wired.

“This approach really captures a couple of the main themes that are appearing in the literature with increasing frequency,” says Russell Skiba, a psychology professor and director of the Equity Project at Indiana University. He explains that focusing on problem solving instead of punishment is now seen as key to successful discipline.

If Greene’s approach is correct, then the educators who continue to argue over the appropriate balance of incentives and consequences may be debating the wrong thing entirely. After all, what good does it do to punish a child who literally hasn’t yet acquired the brain functions required to control his behavior?

Schools and juvenile detention centers are starting to pick up Greene’s methods and are experiencing complete behavior turnarounds:

In 2004, a psychologist from Long Creek Youth Development Center, a correctional center in South Portland, Maine, attended one of Greene’s workshops in Portland and got his bosses to let him try CPS. Rodney Bouffard, then superintendent at the facility, remembers that some guards resisted at first, complaining about “that G-D-hugs-and-kisses approach.” It wasn’t hard to see why: Instead of restraining and isolating a kid who, say, flipped over a desk, staffers were now expected to talk with him about his frustrations. The staff began to ignore curses dropped in a classroom and would speak to the kid later, in private, so as not to challenge him in front of his peers.

But remarkably, the relationships changed. Kids began to see the staff as their allies, and the staff no longer felt like their adversaries. The violent outbursts waned. There were fewer disciplinary write-ups and fewer injuries to kids or staff. And once they got out, the kids were far better at not getting locked up again: Long Creek’s one-year recidivism rate plummeted from 75 percent in 1999 to 33 percent in 2012. “The senior staff that resisted us the most,” Bouffard told me, “would come back to me and say, ‘I wish we had done this sooner. I don’t have the bruises, my muscles aren’t strained from wrestling, and I really feel I accomplished something.’”

Read on…


PERSISTING WHITE SUPREMACY IN CA STATE PRISONS…AND DYLAN ROOF

In an essay for the Marshall Project, James Kilgore, who spent the majority of a six-and-a-half year prison term in California facilities, considers how Charleston church shooter Dylan Roof might be received at a CA prison where inmates have been racially segregated for decades.

Kilgore calls for national dialogue on white supremacy in prisons and urges lawmakers and corrections officials to put an end to their “complicity in reproducing hatred and division” through racially segregated detention facilities.

Here’s a clip:

He would certainly find instant camaraderie with the Peckerwoods, the Skinheads, the Dirty White Boys, the Nazi Low Riders. His admirers, men with handles like Bullet, Beast, Pitbull, and Ghost, would vow to live up to Roof’s example, either by wreaking havoc when they hit the streets or maybe even the very next day in the yard.

Roof’s newfound fan club would be ready to provide him with prison perks — extra Top Ramen, jars of coffee, a bar of Irish Spring. The guards, many with their own Roofish sympathies, would cut him some slack — an extra roll of toilet paper here, a few illicit minutes on the telephone there. If Roof were so inclined, the guards might turn a blind eye to his indulgence in illegal substances, from tobacco to papers of heroin to the carceral Mad Dog 20/20 known as “pruno.”

If Roof played by the convict code, he might quickly rise in the ranks of the white-power structure in the prison yard. Maybe after a few years, he would earn the status of “shot caller,” the highest rank within the racial groups. Then he could order hits on young white boys who defiled the race by playing a game of chess with a black man or offering a Latino a sip of his soda. Like all his white comrades, Roof would use the white showers, the white phones, the white pull-up bars. The yard might spark visions of a segregated utopia for Dylann, a wonderland where everyone was in their right place — separate and unequal.

But white supremacists in prison also live in a world of racial enemies. Fueled by paranoia and buttressed by complicit guards and administrators, Roof would be the target of personalized vengeance attacks. Just like on the streets, he would be constantly looking over his shoulder to fend off real and imagined enemies. In particular, he would realize that in a prison yard, there are plenty of black lifers who have nothing to lose and the muscle power to break him in half, like a dry stick. A warrior who took down Roof would get a hero’s welcome in the torturous isolation blocks at Pelican Bay or Corcoran. All this tension would no doubt make Roof a little uneasy, perhaps force him to remain “suited and booted,” armed with a razor blade in his mouth or a sharpened shank up his rectum.

But even with danger all around him, Roof might find solace in the fact that the prison authorities would not assign any whites and blacks to share a cell and would enable the segregation of day rooms and exercise spaces. This would be a refreshing change of pace for Roof.


WHY WAS POMONA TEEN ACCUSED OF ROBBERY FOUND BLUDGEONED TO DEATH IN HIS CELL, FAMILY ASKS

The parents of a 19-year-old robbery suspect, Rashad Davis, fatally beaten in his jail cell in May, want answers from the San Bernardino Sheriff’s Department about why their son was assigned to a cell shared by a mentally unstable cellmate accused of beating a man to death with a baseball bat.

The SB Sheriff’s Dept. has not indicated whether or not Davis was housed with 22-year-old Jeremiah Ajani Bell due to a breakdown in screening protocol, but the department has recently been the subject of several scandals and investigations, including alleged excessive use of force and inadequate mental health treatment for inmates.

The LA Times’ Paloma Esquivel has the story. Here’s a clip:

Posted in CDCR, DCFS, Foster Care, LA County Board of Supervisors, Mental Illness, race, School to Prison Pipeline, Trauma, Zero Tolerance and School Discipline | No Comments »

Protecting CA’s Foster Kids….Investigating OC District Attorney and Jailhouse Informant Practices….LAPD Chief Must Answer Ezell Ford Questions….and the LA Supes Take Power from CEO

July 8th, 2015 by Taylor Walker

CA AUDITOR SEZ STATE SOCIAL SERVICES SHOULD DO MORE TO PROTECT FOSTER KIDS, AND IS HEMORRHAGING MILLIONS OF $$

The California Department of Social Services is not doing enough to protect vulnerable foster kids from sexual exploitation and may be spending millions placing kids with more expensive foster care agencies instead of licensed foster family homes, according to a report from the California State Auditor.

The report says that while Social Services has made some progress, it has not fully implemented recommendations from a 2011 Auditor report regarding the same issue. One of the major recommendations was to start comparing addresses to ensure that registered sex offenders were not living or working in foster homes.

The Auditor’s latest report said that Social Services took two years to start checking the sex offender registry against the addresses of group homes and foster families and, among other methodology problems, the department could not initially provide the Auditor with documented outcomes on 8,600 investigations out of 25,000 address matches, and 422 address matches were not investigated within a 45-day deadline.

When the addresses of sex offenders and foster kids appear to be the same, it sometimes turns out that the sex offender is actually a foster kid, or that there is no longer a foster family or group home at that address. But for the times when investigators find sex offenders among foster kids, either the sex offender is removed from the house, or the foster children are removed. Sometimes facilities lose their licenses.

The new report also said that California counties are still too often paying foster family agencies that privately recruit and certify foster homes and cost over $1000 more per month, rather than giving state-licensed foster homes and relative caregivers priority when placing kids. The report recommends revising the fee structure for agencies, and giving other foster care placements higher priority.


OUTSIDE COMMITTEE WILL INVESTIGATE HOW OC DISTRICT ATTORNEY’S OFFICE USES JAILHOUSE INFORMANTS

Following string of informant-related scandals that resulted in the unraveling of a series of cases, the Orange County DA’s Office announced the creation of an independent panel of retired judges and lawyers to investigate how the DA’s Office handles in-custody informants. (Here’s the backstory.)

Committee members include retired OC Superior Court Judge Jim Smith, retired LA County Assistant District Attorney Patrick Dixon, former OC Bar Association President Robert Gerard, and Blithe Leece, an attorney specializing in ethics law and professional responsibility.

The Informant Policies and Practices Evaluation Committee (IPPEC) is expected to submit their findings at the end of 2015.

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

In March, Orange County Superior Court Judge Thomas Goethals removed the district attorney’s office from the Scott Dekraai murder trial after finding prosecutors failed to turn over jail records about informants to Dekraai’s public defender.

Dekraai, 45, pleaded guilty last year to killing eight people at the Salon Meritage hair boutique in 2011.

It’s not illegal for law enforcement to use informants or jailhouse snitches. But they must act as a listening post and not elicit statements or question an inmate once he has exercised his right to an attorney.

A jailhouse informant recorded conversations with Dekraai about the killings, but after Dekraai had been charged and had obtained legal representation…

[SNIP]

The DA’s office said in a statement that it has already made some changes to avoid similar abuses in the future, including updating its informant policy manual and creating an internal committee headed by District Attorney Tony Rackauckas to approve or disapprove the use of jailhouse informants.

In addition to those moves, “I think it’s important to have an objective and expert external committee with different points of view, to thoroughly review and analyze the issues regarding the use of in-custody informants so we can improve our procedures and avoid any future mistakes,” Rackauckas said in the statement.

The committee will issue a report by the end of this year, according to the DA’s office.

“I want everything that we do to be above board and fair,” Rackauckas told KPCC. “I want to make sure that the court, the defense bar, the individual defendant and the public have faith – that although we’re aggressively prosecuting cases – we’re doing it in a fair way.”


FED JUDGE SAYS LAPD CHIEF CHARLIE BECK MUST ANSWER QUESTIONS ABOUT EZELL FORD SHOOTING

A federal judge ruled Monday that LA Police Chief Charlie Beck will have to answer questions in a formal deposition from the family attorney for Ezell Ford, an unarmed, mentally ill man who was fatally shot by LAPD officers last year.

Magistrate Judge Margaret Nagle’s ruling comes after LAPD Chief Charlie Beck and the LA Police Commission came to very different conclusions regarding whether the officers acted within department policy when they shot Ford.

(If you missed it, you can read the backstory here.)

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

Magistrate Judge Margaret Nagle found Ford’s shooting was conspicuous enough that Beck should speak to contradictory findings about whether it was within policy.

Last month, the Los Angeles Police Commission found that officers had no reason to stop and question Ford, and that a violation of department policy led to an altercation that ended with Ford’s death. Beck has said the officers in the shooting acted appropriately.

“This is not the ordinary case,” Nagle said. “It’s a high-profile, high-visibility case, and whether the policy of the policymaker — the police commission — is being enforced or implemented appropriately, I think is something on which Chief Beck can, and in this case should, be questioned.”

[SNIP]

In August, Los Angeles police Officers Sharlton Wampler and Antonio Villegas decided to stop Ford because he appeared nervous and was walking away with his hands in his pockets, according to a report by the police commission.

Wampler said he thought Ford might have been hiding drugs and told him to stop for questioning. The officers said Ford looked in their direction and walked away quickly with his hands in his waistband area.

A struggle ensued when Wampler tried to handcuff Ford, who knocked the officer to the ground and grabbed for his gun, the officers said. Villegas fired two shots, and Wampler said he pulled out a backup gun and shot Ford in the back.


LA SUPES TAKE BACK POWER FROM COUNTY CEO’S OFFICE

On Tuesday, the LA County Board of Supervisors voted to take away the county Chief Executive Office’s power to hire and fire (non-elected) county department heads, returning the power to the board. The Supes gave these powers to the CEO in 2007, along with day-to-day management of county departments, in response to complaints that the board was too involved in the minutiae of the departments it oversaw, but have spent much of those eight years clashing with the CEO.

The LA Times’ Abby Sewell has the story. Here’s a clip (we are giving you a bigger clip than usual because it’s an interesting tale):

The change back to a weaker executive has many wondering whether the supervisors’ new power will result in more streamlined, decisive management or simply create more meddling by the elected officials and politicize the workings of government.

“In the short term, there will be a lot less conflict between the supervisors and the CEO’s office,” said Raphael Sonenshein, executive director of the Pat Brown Institute for Public Affairs at Cal State L.A. “The question is what’s it going to do for the daily operations… They won’t know when they’re too involved. They’ll think their involvement is just right. The other shoe to drop is how will it affect everybody else’s ability to do their job?”

Tuesday’s vote represents a reversal for the Board of Supervisors, which in 2007 gave the unelected chief executive officer more powers, including day-to-day management responsibilities and the authority to hire and fire department heads with board approval. Those changes were sparked in part by complaints that the supervisors were micromanaging the departments and giving conflicting marching orders, and that there was no single leader to hold accountable for the success or failure of initiatives.

The results have been mixed. An assessment by a county advisory commission in 2008 found that the stronger chief executive officer structure had increased collaboration between departments, but had also slowed down work in some cases by adding another layer of bureaucracy. The commission found that it also had increased tensions between the supervisors and the top administrator. Three years later, the board took back control of the probation department and Department of Children and Family Services, criticizing the chief executive officer’s handling of the agencies after a series of scandals.

Former Supervisors Zev Yaroslavsky and Gloria Molina, who had supported the stronger chief executive officer, said weakening the role now may be largely symbolic, because the board never fully gave up its hands-on role in agency operations.

“Everybody meddled. We all meddled, one way or the other,” Molina said.

Yaroslavsky agreed that board members had continued to micromanage — even going as far as having their aides ghostwrite recommendations that were supposed to be coming from department heads. He added that some initiatives were stalled because of power struggles between supervisors and the chief executive.

Yaroslavsky is now advocating for an elected county executive, a proposal that has not found support among the current board members.

“Outside of the former Soviet Union, Los Angeles County is the only … 10-million-resident government that ever ran by committee of five,” he said.

On the other hand, instead of going into micro-management, some have suggested that one alternative to taking the power away from the CEO is hire a CEO that they liked and respected a bit better than they did the former CEO William Fujioka.

Posted in Charlie Beck, District Attorney, Foster Care, LA County Board of Supervisors, LAPD, Orange County | No Comments »

ACLU Sues LAUSD, Justice Breyer and the Death Penalty, Parole Bill for Juvie Offenders, and Leland Yee

July 2nd, 2015 by Taylor Walker

LAUSD TAKING STATE FUNDS AWAY FROM KIDS WHO NEED IT MOST, SEZ LAWSUIT

In Mid June, a UC Berkeley and United Way report found that the Los Angeles Unified School District had misappropriated state funding set aside for kids who desperately need it.

In response, the ACLU of SoCal and others have filed a lawsuit against the school district, alleging misuse of $126 million earmarked for foster students, English-learners, kids with disabilities, and kids from low-income households in the 2014-2015 school year, and if left unchecked, will deprive those kids of $2 billion in funding over the next decade.

According to the lawsuit, between the 2014-2015 and 2015-2016 school years, the school district is counting close to $450 million in separate special education funding (required by law) as funds that “increase or improve” services for those targeted high-needs students. That number will hit $2 billion by 2021, and add an additional $450 million every year thereafter.

Despite the school board planning out how best to spend a total of $145 million most of the money did not make it to those students. Instead, the LAUSD spent money re-hiring nurses, librarians, and other staff members at elementary and middle schools, according to the UC Berkeley and United Way report.

The suit was filed by the ACLU of Southern California, Public Advocates, and Covington & Burling LLP on behalf of Community Coalition of South Los Angeles and an LAUSD parent, Reyna Frias.

Here’s a clip from the ACLU:

“LAUSD is breaking its promise to provide my children and millions of other students in the future, with the services they need and the law says they should receive,” said Ms. Frias, whose children qualify for the funds targeted by LCFF.

The plaintiffs are represented by Public Advocates Inc., the ACLU of California and Covington & Burling LLP.

“Community Coalition has spent decades working to transform the social and economic conditions in South Los Angeles,” said Alberto Retana, president and CEO of the Community Coalition of South Los Angeles, a plaintiff in the lawsuit. “We want to ensure that our students aren’t short-changed by LAUSD’s budget process. We see too many students in our public schools struggling because they don’t receive the services they need to thrive academically.”

The law directs school districts to use state funds under LCFF to “increase or improve” services for the targeted students. Each district calculates what it will spend partly on what it has spent in the past on such services. The lawsuit alleges that by counting prior spending for “special education” — which the district is already required to provide — as spending on services for low-income students, English language learners and foster youth, LAUSD has in effect reduced its specific legal obligation to those very students by over $400 million in 2014-15 and 2015-16 combined. Over time, if allowed to continue the practice, LAUSD will short-change these students by over $2 billion by 2021, and $450 million additionally every year after that.

“If every district uses its new LCFF funds to pay for things it’s already legally required to do like LAUSD, the promise of California’s new funding law will evaporate overnight,” said John Affeldt, managing attorney with Public Advocates. “LCFF requires that LAUSD use these hundreds of millions of dollars to deliver new and better services to targeted students.”


SCOTUS JUSTICE BREYER AND HIS 40-PAGE DEATH PENALTY DISSENT

On Monday, in a 5-4 ruling, the US Supreme Court upheld Oklahoma’s three-drug cocktail execution method challenged by three OK death row inmates after three lethal injections were botched last year.

Justice Stephen Breyer didn’t just disagree with the ruling. He wrote a colossal 40-page dissent focused on the constitutionality of the death penalty, even though the issue was not directly before the court.

The New Yorker’s David Cole has more on the issue. Here’s a clip:

Justice Breyer raised a still more profound question: Is the death penalty unconstitutional, as a form of “cruel and unusual punishment” prohibited by the Eighth Amendment? Capital punishment is expressly mentioned in the Fifth Amendment, which requires a grand-jury indictment for a capital crime, so the Court has never held the death penalty unconstitutional under all circumstances. But, in 1972, the Court did declare the death penalty—as it was then administered—unconstitutional, reasoning that the imposition of death, at the time left to the unfettered discretion of prosecutors and juries, rendered the sanction so arbitrary as to be cruel and unusual. As Justice Potter Stewart famously put it, “These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual.” (Four years later, the Court restored the death penalty, concluding that new procedures and requirements were, in theory, sufficient to limit arbitrary decisions.)

[SNIP]

There are about fifteen thousand murders a year in the United States. Last year, we executed thirty-five people. Studies, Breyer notes, have consistently found that what determines who lives or dies is more likely to be race, geography, or the quality of one’s lawyer than the defendant’s culpability. In addition, DNA evidence has demonstrated that, no matter how many procedural safeguards we put in place, human error is inevitable. A hundred and fifteen people convicted and sentenced to die have subsequently been found innocent of the crime, and that number certainly will continue to rise. Last year alone, six death-row inmates were exonerated, but not before spending more than thirty years each on death row. Capital cases are notoriously beset by errors; from 1973 to 1995, state and federal courts found constitutional errors in nearly seventy per cent of all capital cases before them.

What’s more, Breyer noted, defendants today routinely spend decades on death row while their cases are reviewed. That lengthy period of intense uncertainty, nearly always spent in solitary confinement, adds to the cruel and unusual character of capital punishment. The thirty-five individuals executed in 2014 spent, on average, nearly eighteen years on death row. In 1960, the average delay between sentence and execution was two years. As Justice John Paul Stevens argued in 2009, such delays expose inmates to “decades of especially severe, dehumanizing conditions of confinement”—in particular, the solitary confinement that Kennedy finds so problematic. And the delays undermine whatever deterrent or retributive value death sentences are supposed to provide, as a penalty carried out several decades after the crime is unlikely to serve as a warning to others or to offer much solace to the victim’s family. “The upshot,” Breyer writes, “is that lengthy delays both aggravate the cruelty of the death penalty and undermine its jurisprudential rationale.”

The problem, Breyer suggests, may be irresolvable. We can have executions without long delays, or we can have the procedural review necessary to avoid unfair executions, but we can’t have both. If the Constitution requires both, the death penalty may well be unconstitutional.


EXPANDING AGE ELIGIBILITY FOR LAW THAT GIVES LIFER INMATES WHO COMMITTED CRIMES AS KIDS A SECOND CHANCE AT PAROLE

In 2013, Gov. Jerry Brown signed a law that gave a second chance at parole to kids who committed murder before the age of 18 and sentenced to life-without-parole. Now, a bill that is making its way through legislature, SB 261, would expand the age of eligibility for early parole hearings to include lifers whose crimes were committed before the age of 23.

The bill passed through the Senate in early June, and through the Assembly Committee on Public Safety on Tuesday. Now, it heads to the Assembly Committee on Appropriations.

San Jose Inside’s Caitlin Yoshiko Kandil has more on the bill. Here’s a clip:

The California legislature passed SB 260, a youth offender bill that set up a new parole process for those who were minors at the time of their crimes. These youth offenders could now visit the board of parole hearings ahead of schedule—after 15, 20 or 25 years, depending on their original sentence—and have their age at the time of the crime considered “with great weight.”

“I didn’t know there were people out there fighting for individuals like me,” Mendoza says. “As a young inmate, you spend so many years believing that you’re being thrown away, and now they’re picking you up, saying, ‘We see the potential that you have.’ After so many years, it started to make me realize that I should prove people right for a change.”

Mendoza went before the parole board, eager to show that he was “no longer that 15-year-old boy.” After 17 years—more than half of his life—Mendoza got his release.

Today, the 34-year-old lives in Oakland, works full-time for a marketing firm and is studying to get his bachelor’s degree in business marketing at San Francisco State. Mendoza’s story isn’t unusual—so far, there hasn’t been a single incident of recidivism among several hundred SB 260 parolees. With the success found in changing the law, California’s legislature is now deliberating SB 261, which would expand the young offender parole hearings by upping the age of eligibility to 23.

“SB 260 and 261 give young people hope, give them an incentive to change,” says state Sen. Loni Hancock (D-Oakland), who authored both bills. “And really, it’s only an opportunity. The board of parole hearings is very tough, and they only grant parole in less than 15 percent of cases—but it’s an opportunity that means a lot to the individual human beings.”


FORMER CA SENATOR LELAND YEE PLEADS GUILTY

On Wednesday, Former CA Sen. Leland Yee pled guilty to one felony count of racketeering and faces up to a 20-year maximum sentence.

Leland Yee was arrested last March in an FBI corruption sting for alleged gun trafficking in exchange for donations to his campaign for California Secretary of State. A long-time associate of Yee’s and head of an international crime ring, Raymond “Shrimp Boy” Chow, and 24 others were also picked up in the sting.

Before his indictment, Yee authored a number of important juvenile justice and foster care bills as senator (some of which we have pointed to here and here).

The Sacramento Bee’s Alexei Koseff has the update on the Yee corruption saga. Here’s a clip:

“Guilty,” Yee said, when asked by Judge Charles Breyer how he was pleading.

“Are you pleading guilty of your own free will, because you are guilty?” Breyer asked.

“I am,” Yee said.

As part of the agreement, Yee admitted to exchanging political favors for campaign contributions, including:

▪ $10,000 to help a business secure a contract with the California Department of Public Health. According to the revised indictment, Yee met with undercover agents representing a software consulting company client, Well Tech. One of the agents said he wanted to position Well Tech to compete for state grants and contracts.

▪ $6,800 to issue a proclamation honoring a community organization in Chinatown that prosecutors allege is connected to criminal activities. According to the indictment, Yee gave the proclamation to Chee Kung Tong at a celebration of the group’s anniversary.

▪ $11,000 to introduce an undercover FBI agent to another state senator with influence over medical marijuana legislation. Senate Minority Leader Bob Huff has said he thinks he was “State Senator 2” in the affidavit. He said he met with Yee and “some long-haired guy in plain clothes” to discuss Republicans’ views on the legislation.

Yee also admitted to conspiring to extort several individuals who, at the time, had an interest in pending legislation extending the state athletic commission and changing the workers’ compensation program for professional athletes.

And he acknowledged offering to facilitate a multimillion-dollar arms deal for shoulder-fired missiles and automatic weapons with a source tied to Muslim rebel groups in the Philippines – a particularly bizarre and damaging allegation for the staunch gun-control advocate.

[SNIP]

Donald Heller, a Sacramento defense attorney, estimated that Yee ultimately would be sentenced to 30 to 37 months in prison, much less than if he went to trial.

He said Yee could work with the prosecution to corroborate evidence against other defendants or target new ones, but there was no confirmation in the plea agreement either way.

“If he’s agreed to cooperate, I would expect there’s going to be a lot of soiled underwear at the Capitol,” said Heller, who represented lobbyist Clayton Jackson during a massive corruption scandal in the early 1990s that ensnared several members of the Legislature. “Political corruption cases are not usually isolated to one member.”

Posted in Death Penalty, Education, Foster Care, LAUSD, LWOP Kids, parole policy | No Comments »

Just in Time for Foster Youth….a Former Fed. Judge Sez Her Sentences Were Unfair….Fatal Encounters Between Cops and Mentally Ill….and Poor and Unrepresented in Civil Court

July 1st, 2015 by Taylor Walker

UNIQUE SAN DIEGO PROGRAM GIVES AGING OUT FOSTER KIDS A FAMILY OF VOLUNTEERS TO HELP THEM INTO ADULTHOOD

San Diego-based Just in Time for Foster Youth connects current and recently aged-out foster kids (between the ages of 18-26) with a network of volunteers to lean on, who will teach them and help them grow into self-sufficient young adults.

Foster youth aging out of the system face incredible challenges to finishing school and finding housing and employment. Many end up homeless. Within 18 months of emancipation, 40% of kids end up homeless, and within the first two years, 25% get locked up.

The majority of Just in Time’s volunteers are former foster kids. The hope is that the kids and their mentors form lifelong relationships. Volunteers go shopping with the kids, teach them about budgeting, and give them career advice and other help. The program pays to furnish participants’ first homes, and provides laptops and other important supplies for secondary education.

Leah Burdick founder of the Foster Coalition advocacy group, has more on the program for the Chronicle of Social Change. Here are some clips:

Since 2009, 35 percent of College Bound participants have graduated from college with many still enrolled; a significant achievement given only 1 to 3 percent of former foster youth graduate from college.

Just in Time’s relationship approach is coupled with comprehensive services and training programs to help youth overcome financial emergencies, get established at home and in school and learn valuable life and career skills.

“The need for tangible resources brings the youth to us, but we discovered that it’s the connections to multiple people that really enable self-sufficiency,” said Don Wells, executive director of Just in Time. “We would see kids get scholarships and graduate from college. They were considered success stories; however after they transitioned out of survival mode, past trauma would start coming up for them to deal with.”

Despite having an education, they’d either get a low-paying job or struggle to get a job, Wells said. “Before long they’d be on the verge of homelessness. These kids, like all of us, need multiple people to go to for ongoing advice, guidance, friendship and support.”

Jackie, who did not wish to provide her last name for this article, was placed in foster care at age 16 when social services discovered she was the only caregiver for her single father with advanced Alzheimer’s. After securing her GED, Jackie was accepted into college, but had no furnishings for her new college apartment.

Just in Time volunteers furnished her apartment, and today Jackie participates in their Career Horizons program. One of her mentors, an international marketer, has inspired Jackie to pursue a career in teaching abroad.

“Just in Time really provides a community for us. They get that ‘it takes a village’,” said Jackie.


FORMER FEDERAL JUDGE SAYS MOST OF THE DRUG SENTENCES SHE HANDED DOWN WERE UNFAIR

On Sunday at the Aspen Ideas Festival, Nancy Gertner, a federal judge for 17 years, said that of the 500 decisions she handed down, she believed that 80% of them were “unfair and disproportionate.”

In her speech (video above) Gertner, who is now Harvard faculty, urges the US to treat the War on Drugs like World War II, and focus on the future and reconstruction, instead of punishment.

Conor Friedersdorf has Gertner’s story for the Atlantic. Here’s a clip:

“This is a war that I saw destroy lives,” she said. “It eliminated a generation of African American men, covered our racism in ostensibly neutral guidelines and mandatory minimums… and created an intergenerational problem––although I wasn’t on the bench long enough to see this, we know that the sons and daughters of the people we sentenced are in trouble, and are in trouble with the criminal justice system.”

She added that the War on Drugs eliminated the political participation of its casualties. “We were not leveling cities as we did in WWII with bombs, but with prosecution, prison, and punishment,” she said, explaining that her life’s work is now focused on trying to reconstruct the lives that she undermined––as a general matter, by advocating for reform, and as a specific project: she is trying to go through the list of all the people she sentenced to see who deserves executive clemency.


THE MENTALLY ILL AND DEADLY LAW ENFORCEMENT CONFRONTATIONS

According to an investigation by the Washington Post, so far this year, 124 of the 462 people shot and killed by law enforcement officers were in the middle of a mental health crisis.

Fifty percent of those shootings were by cops in departments that had not provided updated mental health training to their officers.

Fifty percent of the people shot were committing “suicide by cop.” Most of the shootings happened after officers responded to calls for help from family or neighbors who said the person was unstable, not calls about a crime being committed.

More than a fourth of the deaths occurred in California and Texas.

Here are some clips, but read the rest (and watch the video):

Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill.

Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands.

But yelling and pointing guns is “like pouring gasoline on a fire when you do that with the mentally ill,” said Ron Honberg, policy director with the National Alliance on Mental Illness.

Sandy Jo MacArthur is an assistant chief who oversees “mental response teams” for the Los Angeles Police Department, a program considered to be a national model. MacArthur said her officers are trained to embrace tactics that may seem counterintuitive. Instead of rushing to take someone into custody, they try to slow things down and persuade the person to come with them. When possible, a psychologist or psychiatrist is on the scene.

The mentally ill “do not process what is happening like a normal criminal,” MacArthur said. “There’s a lot of white noise in their head.”

[SNIP]

Mental health experts say most police departments need to quadruple the amount of training that recruits receive for dealing with the mentally ill, requiring as much time in the crisis-intervention classroom as police currently spend on the shooting range. But training is no panacea, experts caution.

The mentally ill are unpredictable. Moreover, police often have no way of knowing when they are dealing with a mentally ill person. Officers are routinely dispatched with information that is incomplete or wrong. And in a handful of cases this year, police were prodded to shoot someone who wanted to die.

That was the case with Matthew Hoffman, a 32-year-old white man who had long struggled with mental illness, according to family members. After breaking up with his girlfriend, Hoffman walked up to San Francisco police officers in January outside a police station in the bustling Mission District. He pulled a gun from his waistband, pointed it at the officers and advanced in silence.

The startled officers fired 10 shots, three of which struck Hoffman. They later discovered that his weapon was a BB gun. And they found a note on his mobile phone, addressed to the officers who shot him.

“You did nothing wrong,” it said. “You ended the life of a man who was too much of a coward to do it himself.”

Grace Gatpandan, San Francisco Police Department spokeswoman, said the department offers crisis-intervention training. But those classes are designed primarily to teach officers to handle someone threatening to jump off a bridge, not someone pointing a gun in a crowded tourist area.

“When officers are faced with a deadly situation, when there is a gun pointed at a cop, there is no time to go into mental health measures,” Gatpandan said. “There was nothing we could have done. This is one of those tragedies.”


POOR DEFENDANTS IN CIVIL COURT CASES ARE LEFT TO DEFEND THEMSELVES – HERE’S WHY THERE AREN’T ENOUGH LEGAL AID LAWYERS

In the US criminal justice system, everyone charged with a crime has a right to free legal counsel. But that right does not extend to indigent defendants in civil matters like family court hearings, evictions, and protective orders.

There are not nearly enough legal aid lawyers to help all defendants in civil cases who qualify for legal aid. For every 8,893 poor Americans who qualify for assistance, there is only one lawyer to go around.

Part of the problem is that lawyers and law firms are not donating enough to their state and local legal aid programs. The Am Law 200—the two hundred top-grossing firms—donated less than a tenth of one percent of their revenue on legal aid donations, according to a new report from the American Lawyer. Here’s a clip:

A network of legal service providers who represent the poor for free has arisen to address some of this need, but a lack of adequate public funds and private donations means that, as in Cleveland, more than half of those who seek help are turned away. Put another way, there’s just one legal aid lawyer for every 8,893 low-income Americans who qualify for legal aid, according to the Justice Index, a project of the National Center for Access to Justice at the Benjamin N. Cardozo School of Law. That’s how, in a country with one of the highest concentrations of lawyers in the world, poor people often are forced to navigate the potential loss of their home, their children or their benefits on their own.

The crisis in legal aid isn’t new. What is new is that since the recession, profits and revenue at Am Law 200 firms are healthy again—in many cases, surging. Last year, the collective revenue of these firms passed the $100 billion mark for the first time. Many recorded all-time highs in revenues and profits, and profits per partner at a dozen firms exceeded $3 million. Yet in our analysis—the first time we’ve looked deeply at firms’ legal aid giving—it appears that the most generous firms contribute little more than one-tenth of 1 percent of their gross revenue to groups that provide basic legal services for the poor, and many fall far below that amount. This doesn’t include individual donations by firm lawyers, which isn’t feasible to track. While individual donations are important, institutional giving by law firms is crucial for legal aid groups, those organizations say.

We found that the bulk of firms’ charitable donations are directed to other causes, including clients’ pet charities and well-endowed law schools, records show. At the same time, the percentage of law firm pro bono work aimed at helping the poor is declining. Legal aid advocates, however, are largely reluctant to publicly criticize big firms, because they’re so dependent on the funds they do get from them.

Lawyers and firms, especially America’s biggest and most successful ones, have a special responsibility to do more, some observers say. “A big- firm lawyer ought to care that the justice system is working fairly for everyone,” says John Levi of Sidley Austin, chairman of the board of directors for the Legal Services Corporation, a federally funded nonprofit that is the single biggest source of legal aid funding in the United States. He senses that many big firms could dig deeper into their pockets to support legal aid. “I’m not sure they are,” he says.

David Stern, executive director of Equal Justice Works, a nonprofit that solicits firms to underwrite fellowships for young lawyers to work at nonprofit legal aid groups, says he appreciates the support he gets from big firms, but believes most firms should do more. “When you look at how little they give, it’s pitiful,” he says about law firm giving as a whole. “I have been doing this work for more than 20 years, and I am always astounded by law firms talking about charitable giving from a position of scarcity while their partners are bringing home more than $1 million in profits per partner.”

Posted in Courts, Foster Care, mental health, Mental Illness | 2 Comments »

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 | 2 Comments »

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 »

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