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More Pandora’s Box Indictments? …”Electronic Backpacks” for Dual-Status Foster Kids…LA Mayor and LAPD Chief Missed Important Opportunity…Two Mississippi Officers Murdered…and More

May 11th, 2015 by Taylor Walker

RECORDINGS AND DOCUMENTS SUGGEST RESPONSIBILITY FOR OBSTRUCTING PANDORA’S BOX MAY LIE WITH LASD HIGHER-UPS, INDICTMENTS LOOMING

Last year, seven members of the LA County Sheriff’s Department were convicted of obstruction of justice for hiding FBI informant Anthony Brown from his federal handlers. (Backstory here, here, and here.)

New court documents and FBI recordings obtained by ABC7′s Lisa Bartley once again suggest that fault may lie higher up in the LASD chain of command.

In the recordings, an indignant then-Sheriff Lee Baca can be heard loudly accusing the FBI of breaking the law by sending a phone into the jail. Upset that he was kept out of the loop while the feds investigated reports of abuse and corruption in Men’s Central Jail, Baca launched his own investigation into the matter.

Sources have told WLA that more indictments could come as soon as this month or next.

Here are some clips from Bartley’s story (but go over to ABC7 and watch the video):

SHERIFF LEROY BACA: The FBI doesn’t have a right to break the law!

At the heart of this case is Baca’s anger: How could the feds infiltrate HIS jail and go after HIS deputies, without telling Baca himself? Baca fervently believed the FBI had broken the law by setting up a sting that led a corrupt deputy to smuggle a cellphone into the jail and to inmate-turned-FBI informant Anthony Brown. Undersheriff Paul Tanaka told FBI agents about the angry phone call he received from Baca.

UNDERSHERIFF PAUL TANAKA: I just remember him being mad, mad, mad! A lot of colorful language – just mad! And – you find out that F-ing phone, you get that phone you hold onto that phone. I don’t want it to leave our custody!

Baca convenes a high-level Saturday meeting. Despite FBI Assistant Director Steve Martinez telling him that the phone was part of a legitimate, authorized FBI operation, Baca wants an investigation of his own. How did the phone get into jail? Who is responsible?

It’s NOT a crime, because it’s all part of a sanctioned, undercover operation by the FBI. Still, Baca issues the order: No one can get into see inmate Anthony Brown without permission from Undersheriff Paul Tanaka.

In the days and weeks to come, Anthony Brown is hidden from the FBI – his name is changed and computer records are falsified. The sheriff’s department puts Brown’s FBI handler Special Agent Leah Marx under surveillance and later threatens her with arrest.

Two sergeants harassed and threatened to arrest Special Agent Leah Marx, Brown’s federal handler, outside of her home (more about that here).

Baca told federal investigators that he was unaware that “we have an interest in arresting an FBI agent. That…strikes me as extreme.”

Yet, Captain Tom Carey testified that he, Baca, Lieutenant Steve Leavins and Paul Tanaka met prior to the incident, to discuss what to do about Special Agent Marx. According to Carey, Baca said “Just don’t put handcuffs on her.”


KEEPING IMPORTANT DOCUMENTS ON A “CLOUD” SYSTEM FOR KIDS INVOLVED IN BOTH JUVENILE JUSTICE AND FOSTER CARE SYSTEMS

The Sierra Health Foundation, in collaboration with ZeroDivide, are working to create what they are calling “electronic backpacks” for California’s dual-status foster kids (kids who are involved in both the child welfare and juvenile justice systems).

Dual-status (or “crossover”) kids often face trauma, neglect, and instability. And communication between agencies serving dual status kids, including school districts, can be patchy or nonexistent, making it hard for kids to access important services and enroll in school.

The “electronic backpacks” would allow kids to easily access their important documents (like birth certificates, proof of vaccination, and school records) from computers and mobile devices anywhere, by storing them on a “cloud” system.

Health Affairs’ McCrae A. Parker and Matt Cervantes have more on the effort, which is part of the foundation’s Positive Youth Justice Initiative. Here’s how it opens:

“And despite all best intentions, when youth leave the foster care system as adults, they are typically only given a sheaf of papers that detail their complicated histories. These records are easily lost and usually incomplete, which often creates burdens these young adults must carry for life.” –Wendy Lazarus, Founder and Co-President of the Children’s Partnership

Over the past year, ZeroDivide has collaborated with Sierra Health Foundation to serve as a thought partner in the integration of technology into the foundation’s Positive Youth Justice Initiative, which aims to create a major shift in California’s juvenile justice practice and policy at the county level. The initiative focuses on crossover youth—that is, young people with histories of neglect, abuse, trauma, and engagement in the child welfare system, who currently are involved with county juvenile justice systems.

As part of our exploration of promising practices in the use of technology in the juvenile justice and child welfare systems, we discovered the “electronic backpacks.”

The central idea behind the electronic backpack is that a youth’s important life documents, medical records, and program reports “live” on an easily accessible, secure, “cloud” system. For crossover youth, the design, use, and adoption of the electronic backpack concept can potentially lead to better coordinated services and outcomes. Mobile technology provides a greater level of access to critical intervention and service records for youth, their families, and their friends or supportive adults.

Crossover youth are in particular need because of interaction with two systems (child welfare and juvenile justice), and the delay and withholding of services that they may experience without specific documents. For example, a youth who arrives at a new group home placement may have difficulty registering at his or her new school without vaccination records. With an electronic backpack, this issue can be eliminated.


STEVE LOPEZ: MAYOR AND LAPD CHIEF SHOULD HAVE ATTENDED TOWN HALL MEETING ABOUT BRENDON GLENN’S DEATH AT THE HANDS OF POLICE

In his column, LA Times’ Steve Lopez wrote that, by not attending a Venice town hall meeting to discuss the recent shooting death of an unarmed homeless man by a police officer, LAPD Chief Charlie Beck and LA Mayor Eric Garcetti missed an important opportunity to show that Brendon Glenn’s death mattered. Here’s a clip:

When Ezell Ford was shot and killed by police last August in South Los Angeles, Beck and other top LAPD brass went into full damage control mode, meeting with a crowd of concerned citizens at Paradise Baptist Church.

Does Venice not matter as much as South L.A.?

Does Brendon Glenn not matter as much as Ezell Ford, both of them black, and both of them unarmed?

If City Hall wanted to send a message that these shootings matter, two people in particular should have gone to that meeting together Thursday night.

“Where is the mayor?” Mike Neely, a commissioner with the Los Angeles Homeless Services Authority, asked from outside the standing-room-only Venice meeting. “Where is the chief of police?”

They were missing in action, that’s where they were.

The first matter the city needs to attend to is the police killing of an unarmed man. That in itself is worthy of the police chief’s and mayor’s attention…

But figuring out why Brendon Glenn was killed is only a small beginning. The next step is to address the underlying failures that foster these killings and so many other woes…

Being a cop isn’t easy, particularly when you’re asked to deal with the fallout from the city’s failure to help people off the streets and into services that can transform their lives, make neighborhoods safer and even deliver a savings to taxpayers.

A scuffle broke out near the Venice promenade, police were summoned, they wrestled with the suspect, and Brendon Glenn — said to have been intoxicated — ended up dead.

It happens too often.

Chronic homelessness is rampant in Venice. The first thing to consider, when there’s a call about a disturbance near the boardwalk, is that it might involve someone who is homeless, mentally ill and/or addicted. The situation might call for backup help, or one of the mental health/police units, or use of a disabling, less lethal weapon than a gun.

And yet, here we are once again, with police as the designated default agency when it comes to homelessness.


FATHERS OF TWO MISSISSIPPI POLICE OFFICERS KILLED IN THE LINE OF DUTY TALK ABOUT THEIR SONS

The nation got heartbreaking news on Saturday night when it learned that two Hattiesburg, Mississippi, police officers, Liquori Tate, 25, and Benjamin J. Deen, 34, had been shot and killed during a routine traffic stop.

On Sunday morning, four suspects were arrested.

Benjamin Deen was a K-9 officer whose father, Dan Deen, told NY Daily News reporter Joel Landau, that his son, a former “officer of the year” in the department, chose his profession so he could follow in his grandfather’s footsteps.

“He was a very good cop. He loved his family, he loved his job,” he told The News. “He did his job to the best of his ability.”

Benjamin Deen was married and had two children, a 9-year-old boy and 13-year-old girl, his father said. The family is devastated by what happened, he said.

Ronald Tate, father of Liquori Tate, who was not yet a year out of the police academy, talked with CNN’s Catherine E. Shoichet about his son’s passion for policing and the way he treated those he was charged with protecting and serving.

“He had this enthusiasm, this fire in his soul, and I knew he meant that,” Ronald Tate said.

That doesn’t mean Liquori Tate didn’t know he was putting his life in danger when he joined the force.

“He really knew the risk,” Ronald Tate said, “but I think my son just thought people…are generally good people, so let’s treat them all with dignity.”


Late last week, the California Senate passed a bill that would ban grand juries from investigating officer-involved shootings and excessive use of force incidents.

Eliminating the grand jury option would give local district attorneys no choice but to handle such cases. And because DAs are elected officials, the bill supporters believe there would be a higher level of public accountability involved.

The bill, SB 227, authored by Sen. Holly Mitchell, D-LA, must next be approved by the state Assembly.

The Sacramento Bee’s Alexei Koseff has more on the bill. Here’s a clip:

Protests sprouted up nationwide last fall after grand juries in Missouri and New York declined to indict white police officers who had killed unarmed black men during confrontations. The system, in which a jury of citizens weighs the evidence to decide whether to bring charges, came under fire for its secrecy.

Sen. Holly Mitchell, D-Los Angeles, who introduced Senate Bill 227, argued that the lack of transparency and oversight in grand jury deliberations, which do not involve judges, defense attorneys or cross-examination of witnesses, did not serve the public.

“The use of the criminal grand jury has fostered an atmosphere of suspicion that threatens to compromise the nature of our justice system,” she said.

Posted in Eric Garcetti, Foster Care, Homelessness, LAPD, LASD, Los Angeles Mayor, Paul Tanaka, Sheriff Lee Baca | 18 Comments »

Support for Aging-out Foster Kids with Their Own Children…Former WA Justice Resigns Over Death Penalty….CA Mental Health Courts….from Drug Dealing to QuickBooks

May 1st, 2015 by Taylor Walker

LA SUPES MOVE FORWARD ON CREATING SUPPORT SYSTEMS FOR YOUNG PARENTS WHO ARE AGING OUT OF THE FOSTER CARE SYSTEM

On Tuesday, the LA County Board of Supervisors formally approved a two-year pilot program to prevent intergenerational abuse among foster children who become parents. Now the Department of Children and Family Services can move forward on a contract with Imagine LA, the non-profit that will be providing the services to foster kids who have young children and are aging out of the foster care system.

Specifically, Imagine LA will pair the young parents with a group of volunteer mentors to help with every day parenting activities, creating a support system that new parents outside the child welfare system often receive from their own parents and extended families.

The program, which may be renewed for one additional year at the end of the first two years, will be evaluated by the USC School of Social Work.

In LA County where 38% of California’s foster kids reside, 50% of foster kids who age out of the system end up homeless or incarcerated, according to Alliance for Children’s Rights. And, girls in foster care in LA are 2.5 times more likely to be pregnant by age 19 than girls not involved in the child welfare system. Fifty percent of 21-year-old young men aging out say they have gotten someone pregnant, compared to 19% of 21-year-old males not in foster care.

According to Imagine LA, since launching it’s first family mentorship team in 2008, the non-profit has worked with 68 families with whom they have had positive outcomes:

* 100% of families maintained their housing

* 100% of children achieved ASQ (under 5 year developmental standards) or grade level school proficiency with the majority excelling

* 100% of high school-aged youth graduated and pursued higher education

* 100% of participants (adults and children) received annual medical and dental exams

* 75% of families increased their household earned income, on average an increase of 67%

According to Imagine LA’s CEO and President, Jill Bauman, a participating family gets paired with a custom mentor team and a Team Manager who work together to “make sure all the resources, skills and habits the family needs stick. They are in it for the long haul,” Bauman says. “The young people in this program will get help with everything from finding and keeping employment, to learning how to budget, cook, parent, and utilize healthcare, to getting a ‘mom’ break when they need it most. And the children will have other caring resourceful adults also nurturing their development.”

For more information on the specific roles and responsibilities of mentor team members, visit Imagine LA’s website.

Note: the above video shares the stories of Imagine LA’s participating parents who have struggled with homelessness. The new program approved by the LA Supes will be specifically tailored to aging-out foster kids.


THE WASHINGTON STATE JUSTICE WHO LEFT THE BENCH BECAUSE HE COULD NO LONGER UPHOLD CAPITAL PUNISHMENT

On Wednesday, while the US Supreme Court debated lethal injection protocol, specifically, the use of the sedative midazolam. That same day, on the other side of the country, the Washington State Supreme Court held a memorial service for former justice Robert Utter, who died in October.

the fact that the two things happened on the same day had a significance

Utter resigned from the state’s high court in 1995—after 23 years on the bench—in protest of the death penalty. In his resignation letter, Utter wrote, “We continue to demonstrate no human is wise enough to decide who should die.”

The Marshall Project’s Ken Armstrong has Robert Utter’s story, including what convinced him to leave the high court. Here are some clips:

Utter’s resignation was part of a string of judicial condemnations of the death penalty in the mid- and late 1990s. The most famous of these came from the U.S. Supreme Court, when Justice Harry Blackmun wrote in a 1994 dissent: “From this day forward, I no longer shall tinker with the machinery of death.” But justices on state courts also joined in, with Utter’s resignation followed by Illinois Supreme Court Justice Moses Harrison II warning of the inevitability of an innocent person being executed. “When that day comes, as it must, my colleagues will see what they have allowed to happen, and they will feel ashamed,” Harrison wrote in a 1998 dissent.

[SNIP]

On the state Supreme Court, Utter dissented two dozen times in cases where his colleagues upheld a death sentence. (Often, those sentences were thereafter reversed in the federal courts.) His chief criticism was the unequal application of the law. He would write time and again of how one defendant had received a death sentence while others, whose crimes were worse and whose circumstances were less forgivable, had not. In the 1990s, two events helped convince him to walk away. One was the 1993 execution of Westley Allan Dodd, the state’s first execution since 1963 and the country’s first hanging since 1965. The second was reading “Hitler’s Justice,” a book by Ingo Müller, a German lawyer. In a law review article published in 1997, Utter wrote that Müller “chronicles how the entire legal system, including judges, lawyers, and lawmakers, were co-opted to serve a lawless regime with the corresponding death of the rule of law and its legal institutions. … In fact, he told of only two non-Jewish judges who actively protested the actions of the Nazi government by resigning.”

In a long interview conducted as part of the Washington Secretary of State’s Legacy Project, Utter explained how the book made his choice clear.

“Nobody stood up,” he said. “I had to.”

There’s more, so read the rest.


CALIFORNIA’S CHIEF JUSTICE SEZ ALL CA COUNTIES SHOULD HAVE MENTAL HEALTH COURTS

While sitting in on Sacramento Superior Court’s Mental Health Court, California Chief Justice Tani Cantil-Sakauye, a Republican, pointed out that only 27 of the state’s 58 counties have mental health diversion courts despite their proven ability to reduce recidivism.

Chief Justice Cantil-Sakauye said that although the state appropriated $15 million in one-time funds for diversion courts, many counties may not be able to afford them when the start-up money runs out.

Capital Public Radio’s Bob Moffitt has the story. Here’s how it opens:

In Sacramento Superior Court’s Mental Health Court, there are plenty of congratulations and plenty of cupcakes for people who used to be known as defendants but who are now known as participants. They stand before Judge Larry Brown. An attorney updates the judge on the status of a participant.

“I am happy to report his drug test was negative.” Brown responds, “Great! That’s terrific. Good job.”

Judge Larry Brown gently reminds one of the participants in the County’s mental health program that progress involves a little work, “None of this punishment. It’s all about having part of a structured program, right?”

On this day, Chief Justice Tani Cantil-Sakauye sits in the jury box as an observer. She says only 27 of the 58 counties have a mental health court.

“When you give people treatment and they get on some kind of service-provider program, they tend to re-offend less -hence the reduction in recidivism, hence less of a cost to the community -law enforcement, jails and institutions.”

For 18 months, the MacArthur researchers followed 447 participants from mental health courts in San Francisco County and Santa Clara County as well as Hennepin County, MN, and Marion County, IN, as well as 600 people receiving “treatment as usual.”

According to the MacArthur Foundation Mental Health Court Study, the mental health court graduates had lower recidivism rates than mentally ill offenders who were not enrolled in (or who did not finish) the diversion court program.


THE NOT-SO-FAR-FETCHED JUMP FROM DRUG DEALER TO ACCOUNTANT

RadioDiaries’ Joe Richmond talked with Kamari Ridgle, a young, former drug dealer from Richmond, CA who discovered his passion for accounting, after 22 bullets pierced his body, leaving him paralyzed from the waist-down at 15-years-old. According to Kamari, “Every drug dealer is a businessman.”

“Last fall, in my accounting class,” Kamari continues, “the teacher was like, ‘This is what you really need to know: you’ve got expenses, you’ve got revenues.’ That’s when I was just like, ‘Oh, I did this before. I get this…”

(Joe Richmond is also in the middle of a series for This American Life about the city of Richmond where the Office of Neighborhood Safety pays former offenders to stay out of trouble.)

Posted in California Supreme Court, Courts, DCFS, Death Penalty, Foster Care, Homelessness, juvenile justice, mental health | No Comments »

LA Drug Court Reboot, $100 Million on Homelessness, DOJ to Monitor Calexico’s Police Dept., and the Struggle to Free the Innocent

April 17th, 2015 by Taylor Walker

GIVING LA’S DRUG COURTS NEW LIFE BY OPENING THEM UP TO MORE SERIOUS DRUG OFFENDERS

A new proposal from the L.A. County District Attorney’s Office would expand the scope of the county’s half-empty drug courts to help people accused of more serious drug-related crimes.

Before Proposition 47 reduced many low-level property and drug-related felonies to misdemeanors, drug courts were a place where people charged with certain drug crimes could avoid a felony conviction and time behind bars if they completed a rehabilitation process.

But these drug courts were intended for those who committed felony drug offenses. Because the maximum sentence for a misdemeanor is one year, there is currently not as much incentive to apply for drug court, or to finish it out, once enrolled.

KPCC’s Rina Palta has more on the proposal and how it would work. Here’s a clip:

Treatment programs used for drug court participants have dropped from 85 percent full to about 65 percent full, Satriano said.

To turn the trend around, she said, the committee is considering a proposal to repurpose drug courts to service higher risk, higher need offenders who’s crimes are tied to their addictions. Things like theft and being a middle man in a drug deal could qualify, along with any non-violent, non-serious felony.

“We’re looking to broaden the eligibility to get into drug court, but at the same time, realizing that what we would also need to do is intensify the program,” said Mark Delgado, director of the county’s criminal justice coordinating committee.

He said the new program, if adopted, would involve three months of jail time for people accused of more serious crimes – as well as more rigorous drug treatment and testing requirements.


HOW MUCH LA CITY AGENCIES SPEND EACH YEAR INTERACTING WITH THE HOMELESS

Los Angeles spends more than $100 million on homelessness each year, an estimated $54-$87 million of which is spent on police interaction with the homeless, according to a report released Wednesday by City Ad­min­is­trat­ive Of­ficer Miguel A. Santana. And of the money spent on law enforcement contact with the homeless population, arrests cost $46-$80 million.

Santana included sixteen different city agencies and departments in his study. One problem, according to the report, is that the departments rely heavily on the Los Angeles Homeless Services Authority’s 19-person Emergency Response Team which only receives $330,000 from the city and serves the whole county.

The LA Times’ Gale Holland has more on the report. Here’s a clip:

“There appears to be no consistent process across city departments for dealing with the homeless or with homeless encampments,” he said.

The report said it was not possible now “to get a full measure of the costs” of homelessness for the city, or to monitor the effects of changes in homelessness over time in L.A.

[SNIP]

Responses by city departments are not designed to end homelessness by systematically connecting the homeless to assessment, services and housing, the report said.

In many departments, the report said, responses are ad hoc, designed to respond to a very specific challenge rather than working toward ending homelessness as a whole.

Santana recommended that the city increase funding for homeless outreach and case management, create a new homeless office and set up neighborhood hubs to support existing efforts to house and care for homeless people.


DOJ TO MONITOR AND MAKEOVER CALEXICO’S POLICE DEPARTMENT

The US Department of Justice announced this week that it will train and monitor Calexico, CA’s troubled police department. Last fall, the FBI launched an investigation into alleged officer misconduct. In October, the city fired its police chief and replaced him with former LAPD Assistant Chief Michael Bostic. The new chief said he quickly found that the investigations unit was not conducting any investigations, officers were not bothering to obtain search warrants, the department was spying on the City Council, and that department members were using assets seized from citizens to buy things like spy glasses.

Chief Bostic has asked the DOJ to step in and help him turn the Calexico Police Department around. The DOJ, via its Office of Community Oriented Policing Services, will provide extensive training and will help build a community policing unit over the next three years.

KPBS’ Jean Guerrero has the story. Here’s a clip:

Bostic has fired six police officers since his arrival in Calexico last fall. He was appointed police chief as the FBI started its investigation.

Previously, Bostic was assistant police chief at the Los Angeles Police Department, where he led internal cleanups after police scandals such as the Rodney King beating. During his time there, the Department of Justice and US Attorney’s Office monitored the LAPD for seven years in response to a court order.

“In my mind it was a very beneficial process,” Bostic said. “So when I got to Calexico… I on my own called the DOJ and asked them to come in and assist me in rebuilding the police department.”

The Department of Justice will help the Calexico Police Department through its Office of Community Oriented Policing Services, bringing in a group of police chief consultants from major U.S. cities to share their expertise.

The training will be focused on the proper handling of evidence, booking procedures and improving community outreach.

In January, NPR’s All Things Considered host Arun Rath talked with reporter Jill Replogle, who had been covering the FBI investigation, about the corruption allegations and about the city’s outspoken and proactive new chief, Michael Bostic. (He was so vocal, in fact, that the police union decided to sue him.)

JILL REPLOGLE: The new police chief, who started in October, says that when he got there, there was no real police work going on. He says the investigations unit didn’t have any investigations going on. He found internal investigations scattered all over the place – a safe, in desk drawers, in somebody’s car. He found that the department had used a lot of money from seized assets to buy spy equipment like spy glasses and, you know, lapel cameras, things like that. And then when they’re looking through the footage, they find that they’re spying on City Council members. They also found that they had bought a bunch of equipment to break into buildings and cars, but they have no search warrants for those searches.

RATH: Now, that new police chief, Michael Bostic, who took over in October after his predecessor was fired - some of the most damning public allegations have actually come from him. Here he is.

(SOUNDBITE OF ARCHIVED RECORDING)

MICHAEL BOSTIC: They’re recording City Council members, and they’re using it for extortion. I can say that. That’s just true. That’s what they were doing.

RATH: Jill, it was an amazing moment. The police chief actually broke down and cried at one point he was so disturbed by the corruption allegations. And this guy’s a 34-year veteran of the LAPD.


WHY EVIDENCE OF A WRONGFUL CONVICTION DOES NOT ALWAYS MEAN EXONERATION AND FREEDOM

The Marshall Project’s Andrew Cohen has a great longread about Davontae Sanford, a young man convicted of killing four people when he was fourteen. Despite an abundance of evidence pointing to Sanford’s innocence, including an air-tight confession by a hit-man, Sanford’s efforts toward exoneration have been blocked at nearly every turn, and he remains behind bars (and will likely stay there for years more). Cohen explores why exonerations are so hard-won. Here’s how it opens:

We know more every day about the ways wrongful convictions happen. An indigent defendant gets an incompetent attorney. Or prosecutors hide exculpatory information from the defense. Perhaps there is a false confession, coerced by sly detectives, or undue reliance on faulty eyewitness testimony or junk forensic science. Maybe a key witness turns out to be an unreliable informant, or the jury or judge is racially biased. Often, it is some combination of these factors that puts an innocent person behind bars, sometimes for life.

What gets far less notice, however, is how wrongful convictions stay that way, even after evidence of injustice appears to bubble to the surface. This is why the already well-chronicled saga of Davontae Sanford, a 14-year-old boy convicted of a 2007 quadruple murder in Michigan, is worth following closely again as it enters its latest and most bizarre phase.

Later today, Sanford’s lawyers will ask a Michigan judge to grant their client a new trial based on evidence and arguments that state judges and county prosecutors have never before addressed. The defense team essentially will be asking Michigan’s criminal justice system to finally make a choice between two confessions to the same crime; one by a boy whose story was contradicted by independent evidence, the other by a professional killer who accurately told the police where to find the murder weapon.

Posted in Department of Justice, District Attorney, FBI, Homelessness, Innocence, Rehabilitation, The Feds | 5 Comments »

WHO IS WATCHING OUT FOR ANGEL? The Shadowy Intersection of Child Welfare and Juvenile Justice – by Daniel Heimpel

April 12th, 2015 by Celeste Fremon




EDITOR’S NOTE:
On Tuesday, the California Senate Judiciary Committee will debate a bill to widen access to extended foster care benefits for probation-involved foster kids who have landed in the juvenile justice world because of untenable situations at home.

The wonderful and important story below written by Daniel Heimpel—and co-produced by WitnessLA & the Chronicle of Social Change— explains in deeply human terms why this bill is so essential.

WHO IS WATCHING OUT FOR ANGEL?

A 20-year-old’s saga of abuse, incarceration and heartache illuminates the shadowy intersection of child welfare and juvenile justice.

by Daniel Heimpel


Like a picture in a magazine.

That’s how Angel’s mother Leah wanted their small townhouse in Pacifica, California, to look. Picture perfect.

Leah says that she got the idea of giving her 12-year-old daughter chores after Angel’s school sent home fliers describing the importance of teaching children how to “become successful adults.”

When her adolescent daughter failed to manage perfection—when Angel missed a task in her 16-point list of chores that ranged from cleaning the cat’s litter box to folding plastic grocery bags exactly four times over—Leah’s mood grew dark.

The punishments she meted out escalated from ridiculous, to humiliating, to grim.

“She would ground me from food,” Angel, says. “She would ground me from wearing normal clothes. I’d have to go to school in my pajamas. She would ground me from petting my cat. She would ground me from my room.”

Having given birth to Angel when she was herself just 16, Leah says that she didn’t ever learn how to be a parent. Then, when her own father died, and Angel was around 14, Leah stifled her grief with a mixture of alcohol and cocaine, which she admits affected her behavior.

Whatever the exact cause, when her daughter failed to maintain the order she was trying to bring to their home, Leah’s reactions were extreme. She would exile Angel to the communal laundry room of their housing complex. There, with the damp Pacific cold pushing in, cat vomit on the floor, the girl would be forced to sleep.

Worse still were the beatings. Sometimes, Angel says, her mother would hold her down, and use scissors to cut the clothes off her body.

One day when the girl was 15, the usual discord between Angel and her mother erupted. This time, however, the conflict took a direction that would set Angel adrift in the murky space between juvenile justice and foster care.

The row began in the evening over some dirt under the microwave that Angel had neglected to wipe up. This time Angel stormed out before the punishments could start.
When she came back, red-faced from climbing the hill to their home, her mother accused her of being drunk.

“She confiscated my book bag saying she was going to look for drugs in it,” Angel says. With her book bag, Leah also took the homework that Angel had to turn in the next day.

Angel was famous for leaving everything until the last minute, says her grandmother, Wendy.

“Talk about a fuse lit and the bomb explodes,” Wendy says. “The situation became very volatile.”

Angel kicked Leah’s door, frantic to get the book bag back.

Leah burst out, and attempted to ground Angel from her room again. “She started taking my door off the hinges. I tried to stop her, and was met with punches and kicks so I backed away.”

Leah’s version is different. Instead of demanding her schoolwork, Leah says that her daughter threatened her.

“’I don’t fantasize about drugs or sex,’” Leah remembers Angel saying, “’I fantasize about ways to kill you.’”

Both Angel and Leah agree about the way the fight ended. “I copped out and called the cops,” Leah says.

An hour later, two male police officers appeared at the front door. Angel told them that she was the victim, and tried to show them the hot red welts on her arms and legs from where her mother had hit her. “They averted their eyes so quickly,” Angel says, “as if they wanted to pretend I had never said anything.”

The cops took Angel to the Pacifica police station. From there, she was moved to San Mateo County “Youth Services Center,” a juvenile hall in Belmont, where she spent two-and-half months. Finally, Angel says, her attorney told her that if she took a plea deal, she would be released faster than if she waited around for trial. She pleaded guilty to charges of vandalism and battery and spent the next five months across the street in the Margaret J. Kemp Camp for girls.

When the five months were up, no one was sure where to send the girl. Leah admits that child protective services had investigated her because of reports of abuse and neglect filed by neighbors and Angel’s estranged father over the years, starting when Angel was a baby and Leah was still in her teens. Why child services never removed Angel from Leah’s care earlier is not clear. But when her relationship with her mother failed, and she was released from camp, it was probation’s turn to act as a parent.

And so it was that, in 2010, Angel became one of roughly 4,000 California children who to this day enter the juvenile justice system and are kept in group homes because they have nowhere to go or cannot be safely returned home to serve out the terms of their probation.


CALIFORNIA’S “SECOND SYSTEM”

California’s probation system is one of a number across the country that use federal foster care funds to take care of kids like Angel who enter juvenile justice but have no safe home to serve out their probation terms, so are placed in group homes. With the federal dollars come strings, along with memorandums of understanding spelling out for all 58 counties that their juvenile probation departments must provide case management like the foster care system would.

But probation isn’t foster care. It is a law enforcement agency, which means its go-to method for eliciting compliance from kids is often its power of arrest, a tactic that runs contrary to the goals of healing children from the emotional abuse that got so many of them caught up with the law in the first place.

Then there is the matter of what to do when this distinct subset of vulnerable probation youth reach age 18.

In the foster care system, it has long been recognized that to cut all aid at age 18 was to invite poor outcomes with disproportionately high numbers of foster youth experiencing homelessness, incarceration and diminished educational opportunity. When it comes to children who have had the double blow of experiencing foster care and the juvenile justice system, a famous 2011 study out of Los Angeles tracking these so-called “crossover youth” showed that their transitions into adulthood can be twice as perilous.

With the outcomes of foster youth in mind, in 2010 the California legislature passed Assembly Bill 12, which extended foster care benefits from age 18 to 21. In 2012, California began implementing AB 12, and kids like Angel, who entered foster care through probation’s door, were eligible.

While Angel describes her encounters with juvenile justice as painful and providing little discernible therapeutic value, they did afford her the opportunity for support past age 18.

“These young people are fleeing abuse and neglect,” says Amy Lemley, the policy director of the John Burton Foundation, and a leading advocate behind AB 12. “ They [probation foster youth] probably did something as a direct result of being maltreated, and that resulted in them entering the juvenile justice system. We have a secondary system for kids that act out because they were abused.”

While far from ideal, that “secondary system” provides a unique escape, unavailable in most states.

“In other places, the juvenile justice system is completely distinct,” Lemley says. “She [Angel] would have been shuttled into the criminal justice system and not be eligible for extended foster care.”

Pending legislation here in California could open up eligibility for extended foster care to even more young people who were involved in the probation system.

But advocates maintain that this is not a simple policy fix. Across the state, county probation departments are grappling with how best to help these emerging adults who are often suffering the long-term effects of childhoods riddled with traumatic events, including having spent large parts of their younger days in juvenile halls, camps or probation-run group homes.


THEN THE TRAILER CAUGHT FIRE

Shortly before Angel’s 16th birthday, the juvenile probation department in San Mateo County released her to the custody of her grandmother, who had finally agreed to take her. While this new living situation was far preferable to returning Angel to her mother, it was less than ideal.

Angel’s grandmother, Wendy, had always been an anxious and at times oblivious woman. (She confesses, for example, that she had no idea that her stepson had been sexually abusing Leah when she was a child.) With Angel sleeping on a couch in her cramped South San Francisco apartment, Wendy tried to set the “boundaries” in a sort of delayed atonement for her failings as a mother to Leah.

“She worried about my safety excessively and didn’t want me to end up like my mother: a teenage parent on drugs,” Angel says.

Angel admits she wasn’t an easy kid to handle. “I came to her after suffering years of trauma,” she says. “I was struggling to cope and I had a tremendous amount of repressed anger.”

Wendy’s efforts to keep the rebellious teenager in check, along with the terms of Angel’s probation, which included strict curfews, came to a head one night in January of 2013. Wendy had been up the whole of the previous night, sewing a Victorian-era styled dress for Angel to wear at a dance the following evening. Angel and her grandmother had bonded over tales of English aristocracy and stories of Wendy’s grandmother, who had been educated in London and spoke the “Queen’s English.”

“It was part of the family mythology we liked to connect with,” Wendy says.

But the sleepless night of sewing, along with the strain of a recent invasive medical procedure to remove varicose veins, caused Wendy’s temper to flare and the two fought. The rupture lasted for weeks. By March, Wendy says that Angel was increasingly elusive, staying away nights at a time. Finally one night, a worried Wendy remembers driving to the South San Francisco Police station with an 8.5 x 11 inch photo of Angel’s face, and pleading with police to find her granddaughter.

When the police did find Angel near a San Bruno shopping mall a few hours later, she was scared of being locked up again and gave the cops a fake name. Angel pleaded guilty to giving false identification to a police officer and was soon whisked back to San Mateo County juvenile hall, where she remained for the next two-and-a-half months.

“I thought it was very unfair,” Angel says. “I hadn’t done anything wrong, but was being treated like a criminal.”

When it was time for her release from San Mateo Juvenile Hall, Angel’s grandmother would no longer take her in, and her mother’s home still wasn’t a legal option. Thus county probation “placed” her in a group home on the grounds of the juvenile hall.

The group home, called the Excell Readiness Center, was in reality a flimsy prefab structure, where four boys and four girls were crammed into four tight bedrooms. Angel would spend the next 10 months there. She was due for release when she turned 18.

Weeks from her birthday, Angel met with her probation officer who gave her a cursory description of the extended foster care benefits available to her. According to Angel, it was one of only a handful of times she met with her P.O.

Days after the meeting, a dryer in Angel’s group home caught on fire.

“Smoke was pouring into my room from the hallway,” Angel says. “My entire room was full of it.”

As she and her trailer mates were evacuated, she remembered that one of the boys had once threatened to set the place on fire. “He actually did it,” Angel says.

After a long and cold night spent in one of the group home vans, the kids who had been consigned to the trailer were moved to the “receiving home” down the street where children removed from their homes because of safety concerns were kept until they could be placed in foster care. “Our clothes and hair still smelled of smoke when they woke us up,” Angel says.

Vernon Brown, the CEO of Aspiranet a large youth service provider that ran the readiness center until 2014, says that most of the kids were moved back to the structure within a couple of weeks.

But for Angel, the fire meant leaving probation’s care prematurely and going back to live with her grandmother prior to her 18th birthday. Wendy agreed to take her granddaughter back, under the condition that it would only be for a few weeks.

Once those weeks were up, as is the case for so many other probation-involved foster youth, the only thing certain in Angel’s life was uncertainty. She was not terribly clear about how to get the extended benefits her probation officer had outlined only briefly. And the idea of putting herself back into the county’s hands made her anxious.

So Angel struck out on her own.


WIDENING THE DOOR

In October of 2010, the year AB 12 was passed, 391 youth between age 18 and 20 were supervised by probation in group homes, according to data compiled by the Center for Social Services Research at UC Berkeley’s School of Social Welfare. By January of this year, the new law was showing impressive results. The number of 18 to 20-year-old probation youth had exploded by almost 400 percent to 1,485 young people.

But advocates contend that significant numbers of probation-involved foster youth are still being excluded from AB 12, so are pushing for new legislation to open access to kids who share similar experiences with Angel.

Among those young people still slipping between the cracks are those who have spent large stretches of time in the county’s care but are, by happenstance, released from probation group homes to the custody of a relative before they turn 18.

“They forget that the youth ever came from child welfare,” says Jennifer Rodriguez, executive director the Youth Law Center, and a central player behind a series of legislative pushes to improve AB 12 for probation-involved foster youth. “Sometimes the probation department is releasing them right back to the parent who child welfare removed them from. All the problems that initiated the child welfare referral still remain and are not resolved.”

Another group presently excluded are the otherwise AB 12 eligible kids who, for one reason or another, find themselves in a locked juvenile facility on their 18th birthday, at which point any extended benefits suddenly vanish.

In October of last year, The Chronicle of Social Change published a story following the lives of three brothers who had all been in foster care.

The youngest, Joseph Bakhit, was AB 12 eligible and is using the extended benefits to help him pursue a degree at UC Berkeley. The oldest, Matthew, was excluded because he was already 21 when the law was implemented. Terrick, the middle brother, was denied AB 12 benefits because he was locked up in San Diego County’s Camp Barrett on his 18th birthday. If he had been released to a group home the day before, or if the judge had written him an all-important “placement order,” he would have been eligible.

Without the benefits, Terrick has struggled to succeed, the most stable employment he has had was selling knives for Cutco.

State Senator Jim Beall, who had been one of the lead legislative proponents behind AB 12, was moved by the story of the Bakhit brothers, and the efforts of advocacy groups like the Youth Law Center, to introduce legislation that would expand extended foster care eligibility for probation-involved foster youth.

“When you take away benefits, it is telling the kid, ‘You’re not going to college,’” Beall says. “I fail to see the logic of taking away the benefits. We’re going to fix that. That is the intent of [Senate Bill] 12.”

SB 12, which will be heard in the Senate Judiciary Committee on April 14, would also open up eligibility for a class of kids who, like Angel, had nowhere to go when the terms of their probation were up. But, while Angel was legally “placed” with grandmother Wendy, making her magically eligible, some are simply sent to live with a relative or other caretaker without a placement order, leaving them ineligible for the important three years of extended foster care benefits.

But the proposed legislation has powerful opponents, such as county probation department officials from up and down the state who say they are already struggling to deal with the influx of AB 12-eligible foster youth, so are opposed to widening the door for still more young people.

“We are having difficulty serving the foster youth we do have,” says Rosemary McCool, deputy director of the Chief Probation Officers of California (CPOC). “The current programs, in our view, aren’t sufficiently funded. We shouldn’t be expanding the population by any amount.”



PROBATION AS PARENT

As Beall and others battle with the CPOC over whether or not to fix the policy barriers for excluded crossover and probation youth, the big question affecting young people now in the system is this: Are probation departments equipped to effectively stand in for parents during AB 12 kids’ fitful transitions into adulthood?

California is a vast and diverse state, and some counties deal with the fates of their 18-year-old charges better than others. Contra Costa County is among those still struggling, according to an attorney with intimate knowledge of the county’s system.

Virginia Corrigan is both a deputy public defender in Contra Costa County and a lawyer working for the Youth Law Center through a fellowship offered by Baker & McKenzie LLP and Intel. As a P.D., Corrigan carries a caseload of more than 30 Contra Costa probation youth who are AB 12 eligible.

She says that while the county is good at getting kids into AB 12, probation lacks the institutional knowledge to effectively deal with housing and other critical services once the kids are in the system.

“Sometimes supervision of this population is foreign to probation,” Corrigan says.

The matter became clear to Corrigan on her very first case in 2013, when she spent weeks helping her young client fill out forms for housing services, and explaining how AB 12 worked.

“It ends up being a replacement for what a social worker would be doing,” she says. “My primary goal should be advocating for them in court,” not helping them with paperwork to get them a place to live.

Across the Bay in San Francisco, the county’s juvenile probation system is far more proactive. Instead of relying on its probation officers to handle the casework for AB 12-eligible probation youth, the department added two new social workers dedicated exclusively to working with that population. The workers were assigned to the Juvenile Collaborative Re-Entry Unit (JCRU), which was already helping the county’s probation youth as they transition back into their communities.

“We were very aware of the conflict of having probation officers supervise those youth,” says Allison Magee, the executive director of the San Francisco-based Zellerbach Family Foundation, who, while serving as deputy director of the city’s Juvenile Probation Department in 2012, came up with the idea of hiring social workers for AB 12 kids. “It frankly is confusing to both the child and the P.O., as the P.O. has mandated responsibilities that would become very blurry.”

Allen Nance, chief of San Francisco’s Probation Department, also considers the strategy important. “Unlike other departments across the state, we are one of the few, if not the only, that has chosen to staff these caseloads with social workers instead of probation officers.”

Rebecca Marcus is a San Francisco juvenile public defender with 24 current AB 12 kids on her caseload. Marcus sees AB 12 as a lifeline for young people who have few options when released from probation without a safe place to call home.

“I have had two kids within the past year who were AB 12 eligible, whose high school graduations I attended, who didn’t take advantage of the program and who were both killed in San Francisco,” she says.

The latest death, which occurred just a month ago in March, has clearly shaken the fast-talking public defender.

“AB 12 is a tool to help young people relocate out of wherever they live,” she says, pointing out that oftentimes these youngsters return to the same dangerous neighborhoods that led them into the system in the first place. This was the case, she says, with her 19-year-old client. “He had the ability through AB 12 to relocate. He did not, and was murdered in the middle of the day.”

Polina Abramson is one of San Francisco’s two AB 12 social workers who work to keep kids caught in risky personal circumstances in extended foster care. She says she has 19 such cases, five of which are “unfunded,” meaning that the young people are not meeting all of AB 12’s eligibility requirements. Her counterpart, Heather Bruemmer, has a caseload of 22.

In addition to that list, there are other kids who are eligible, says Abramson, but didn’t opt in immediately, thus winnowing down the three short years of benefits that AB 12 offers.

Abramson says she understands why 18-year-olds often want to strike out on their own, especially those whose last residence was a probation group home. But, she notes, they often come back.

“There’s a lot of responsibility that goes into surviving in the real world,” Abramson says. “Kids realize that they could actually benefit from having someone in their life and have support.”

When they do, Abramson and Newell are there to catch them. And P.D. Marcus is more than ready to make their case in court.

In Angel’s San Mateo County, the juvenile probation department says that there are only three probation youth accessing AB 12. Angel now wants to be the fourth.


GETTING BACK IN

It is just after 6:00 pm on Friday, March 27, and Angel is already an hour late for her meeting. She passes happy clusters of other young people, relieved to be taking their first breaths of the weekend on a cool spring evening in downtown Oakland.

Angel too is feeling happy. It is her 20th birthday, and it has already been a good day. She and grandma Wendy spent the afternoon together. The highlight: sharing high tea, English style, a nod to their mythologized aristocratic ancestor.

Angel chose not to see her mother today. In the five years of their separation, Leah has made a number of unsuccessful efforts to repair their relationship, like showing up unannounced on Angel’s 18th birthday, which frightened the newly minted adult, rather than delighting her. Other attempts by Leah to give her daughter gifts have resulted in Angel recoiling.

“My mother says that Angel treats every gift like a rattlesnake that is going to bite her,” Leah says when called for an interview on Angel’s 20th birthday.

Arriving slightly flushed at the eleventh floor offices of the California Youth Connection, Angel is greeted by six former foster youth and two staffers sitting around some tables pushed together for the weekly policy-intern meeting. They are there to discuss how education policy is effecting foster youth, but when Angel walks in they immediately begin singing “Happy Birthday.”

As it happens, Angel has something else to celebrate. Just the day before, she handed in paperwork to a San Mateo social worker that should allow her to opt back into AB 12. Since her 18th birthday, Angel has spent most of the past two years at a transitional housing program available to young people at risk of homelessness.

But Angel has often coped with less stable circumstances, couch surfing with acquaintances, even spending one difficult night warming herself next to a generator in a South San Francisco park.

Angel hopes for at least a period of real stability while she works to advance at San Francisco City College. But for now, riding high on her birthday, she dreams of visiting England and the manor where the popular PBS show “Downton Abbey” is shot.

If yesterday’s paperwork is approved, the “second system” that handles cases like hers will provide her with a residence and other benefits, at least until her next birthday.



Daniel Heimpel is the founder of Fostering Media Connections and the publisher of The Chronicle of Social Change.

WitnessLA and the Chronicle of Social Change collaborated in producing this story.

The story was made possible through the support of the Sierra Health Foundation,which has partnered with the California Endowment and the California Wellness Foundation to launch the Positive Youth Justice Initiative to reform the juvenile justice system in four California counties.


All photos (except for the family photo of Angel and her mother) are by the excellent Max Whittaker, a freelance photojournalist and founding member of Prime.


CORRECTION: We wrote Heather Bruemmer’s name inaccurately in the original draft of this story, but it has now been corrected.

Posted in Foster Care, Homelessness, juvenile justice, Juvenile Probation | No Comments »

LA Supes End Ban on Parolee/Probationer Eligibility for Subsidized Housing….Steep Tickets Fund Courts and Bury CA’s Poor in Debt….Employment Barriers for Former Offenders…Town Hall Meetings on LASD Citizen’s Oversight Panel

April 9th, 2015 by Taylor Walker

SOME LA PAROLEES AND PROBATIONERS WILL NOW BE ELIGIBLE TO RECEIVE SECTION 8 VOUCHERS

On Tuesday, the LA County Board of Supervisors voted 3-2 in favor of opening up Section 8 program eligibility to parolees and probationers whose low-level drug crime convictions are more than two years old. Supe. Hilda Solis voted alongside Sheila Kuehl and Mark Ridley-Thomas who introduced the motion.

Until now, just one small drug crime, even from five or six years prior, excluded people on community supervision from accessing housing vouchers through the Section 8 program.

Although this is an important step toward reducing recidivism and equipping former offenders with the right tools to successfully reenter their communities, the current waitlist for housing vouchers has 43,000 names on it, and is expected to be closed to new applicants for at least the next few years. And the approximately 1,200 spots expected to open up over the next year will not make a dent.

To be clear, this decision does not change eligibility requirements for living in any of the 3000 public housing units managed by the county. Specifically, it allows people on probation and parole to apply for what are called “housing choice vouchers,” through which participants choose their own residence (as long as the housing meets certain program requirements).

While those on community supervision will no longer be blocked from the voucher program, landlords still have the right to perform background checks on prospective housing voucher tenants.

LA County Supervisor Sheila Kuehl spoke with KPCC’s Larry Mantle on AirTalk before the board’s decision. Here are some clips of what Kuehl said about the particulars of the motion and why it’s so important.

[Regarding LA's homeless population]: We hear a lot about veterans, but we don’t hear a lot about people coming out of jail, or for that matter, young people coming out of our probation camps at the age of 18. We didn’t want to bar them if they qualified in every other way for housing vouchers.

[SNIP]

They haven’t shown any proof that public housing is safer because they’re barring people on probation or parole. As a matter of fact, if you ask any of the probation officers, their impression is that it would be safer, because these men and women have to report to them quite often… There’s much more checking-up than there is on any other kind of resident. And having people camping out in the homeless population nearby doesn’t make you any safer either.

The data shows that you’re far less likely to recidivate…if you have a permanent place to live. So it seems like we’re cutting off our nose to spite our face by barring people who have served their time.

Listen to the rest of Kuehl’s interview with Larry Mantle.


REPORT: “NOT JUST A FERGUSON PROBLEM — HOW TRAFFIC COURTS DRIVE INEQUALITY IN CALIFORNIA”

In a system that is not dissimilar to Ferguson, MO’s policing-for-profit strategy, California traffic courts frequently suspend drivers licenses of those who are unable to pay outsized fines for minor tickets, according to a report released Wednesday by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. It’s no surprise that the practice has a disproportionately negative impact on poor and minority Californians, costing people their jobs when they can’t drive to work and creating an often insurmountable pile of debt via lost wages and late fees.

According to the report California is home to nearly four million people with suspended licenses (that’s 17% of the state’s licensed adults), and has racked up more than $10 billion in uncollected court-ordered debt.

The New York Times’ Timothy Williams has more on the issue. Here are some clips:

In an Alameda County traffic court case, for example, a $25 ticket given to a motorist who had failed to update the home address on her driver’s license within the state law’s allotted 10 days led a traffic court judge to suspend her license when she was unable to pay the fine.

The accumulation of fees and penalties for late payment increased her fine to $2,900, and the woman — identified in the report only as “Alyssa” — was fired from her job as a bus driver because she no longer possessed a valid driver’s license and is now receiving public assistance, according to the report, which was prepared by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, which worked in conjunction with other California legal aid groups.

“These suspensions make it harder for people to get and keep jobs, further impeding their ability to pay their debt,” the report said. “Ultimately, they keep people in long cycles of poverty that are difficult, if not impossible to overcome.”

[SNIP]

Ferguson’s policies, the Justice Department report said, resulted in a disproportionate number of arrests, citations and traffic stops of African-Americans and was among the factors in the public anger that led to weeks of demonstrations there after Mr. Brown’s death.

In California, a 2012 state analysis unrelated to the new report found that assessments tacked onto tickets by California lawmakers meant that a $500 traffic ticket actually cost $1,953 — even if it was paid on time. A $100 ticket for failure to have proof of auto insurance cost $490 — and increased to $815 if the motorist missed the initial deadline to appear in court or to pay the ticket.

Among the fees included in the cost of a traffic ticket were assessments for court operations, court construction and DNA collection.


YEARS AFTER THEIR RELEASE, FORMER OFFENDERS STILL FACE EXTREME HURDLES TO ENTERING (AND STAYING IN) THE WORKFORCE

Al Jazeera America’s Naureen Khan has some excellent reporting on the impenetrability of America’s workforce for former offenders seeking employment.

Khan’s story follows Jesse Killings who has spent years trying to land steady and stable work after fighting over his wife with another man. Jesse wins small victories over the stigma of his criminal record, but when a job or internship ends, he lands right back where he started. And his story is far from uncommon.

Here are some clips:

…on a March night in 2001, he drove to his mother-in-law’s house, he says, to see if he and his wife could work through their problems. Instead, he found another man under the same roof. Killings admits that he was the one to throw the first punch. “My emotions went through the roof,” he said. “I bee lined to where he was. We were two rams.”

In the flurry of fists that followed, Killings’ dreams were caving in around him. He was charged with felony counts of burglary — for entering his mother-in-law’s home — and assault.

“I did that, I’m guilty,” Killings said.

He served for only three months through a plea deal his public defender urged him to take, but Killings says the felony convictions have cast an immeasurably long shadow on his life since then. He lost his scholarship. He’s had to rely on homeless shelters and draw from food banks. In 2005, he was so desperate that he stole $200 from the till of a bookstore he was temporarily staffing after he says his employers did not pay him.

Killings says he accepts responsibility for the mistakes of his past and only wants to rebuild his life. But redemption is hard to find when his decade-old record stands in the way of a steady employment and a decent wage, even after he moved across the country to Fredericksburg for a fresh start.


TONIGHT: FIRST TOWN HALL MEETING TO GATHER INPUT ON CITIZEN’S OVERSIGHT COMMISSION FOR LA SHERIFF’S DEPARTMENT

The working group tasked with advising the LA County Board of Supervisors on the structure, power, and objective of a civilian oversight commission for the sheriff’s department are holding town hall meetings to gather community input on the issue. Over the next few weeks, in nine different locations across the county, citizens will be able to share comments and recommendations with the working group and thus take part (or take an active role) in the creation of the oversight panel.

Here’s the info for a few of the upcoming meetings (the first one is tonight):

April 9: Florence Firestone Service Center
6:30 p.m.-8:30 p.m.
Community Room
7807 S. Compton Ave.
Los Angeles, 90001

April 14: El Cariso Community Regional Center
6:30 p.m.-8:30 p.m.
13100 Hubbard Street
Sylmar, 91342

April 15: Bassett Community Center
6:30 p.m.-8:30 p.m.
510 North Vineland Ave.
La Puente, 91746

For those who care about this oversight issue, find the location nearest to you and contribute to the discussion. Here’s the full list.

Posted in Homelessness, LA County Board of Supervisors, LASD, parole policy, Probation, Reentry | 21 Comments »

DOJ Picks Stockton for Community Policing Pilot, Dorsey Nunn, Pasadena Police Misconduct Audit, and Fullerton’s Homeless Liaison Unit

March 16th, 2015 by Taylor Walker

STOCKTON, CA ONE OF SIX CITIES TO PILOT DOJ’S COMMUNITY POLICING INITIATIVE

Hours after the shooting of two Ferguson officers late last week, the Department of Justice announced the first six pilot cities to take part in the National Initiative for Building Community Trust and Justice, a program meant to help build better relationships between cops and the communities they serve.

The pilot cities included Stockton, California, as well as Minneapolis, MN, Birmingham, AL, Fort Worth, TX, Gary, IN, and Pittsburgh, PA.

Each city will assess their current police-community relations, and apply strategies focusing on implicit bias, procedural justice, and racial reconciliation.

The process will be guided by a panel of criminal justice professionals, experts, and faith-based groups, and advocates, and includes a three-year grant to the John Jay College of Criminal Justice, as well as Yale Law School, UCLA’s Center for Policing Equity, and the Urban Institute.

The Stockton Record’s Jason Anderson has more on the initiative as it relates to Stockton. Here’s a clip:

“The Stockton Police Department is excited that we have been selected as one of six cities to be part of this national initiative,” Stockton Police Chief Eric Jones said. “The men and women of the Stockton Police Department are very committed to building police/community trust within our community.”

City Manager Kurt Wilson lauded Stockton’s selection as a pilot site and praised Jones, who has created a number of community outreach initiatives aimed at easing tensions following a rash of officer-involved shootings in recent years.

“Chief Eric Jones is one of the most respected law enforcement leaders in the country,” Wilson said. “He has been fully engaged locally, statewide and nationally. We are thankful for his leadership, and by his team joining this initiative, we feel it will boost these leading-edge efforts, because some of his evidence-based strategies that are already under way fit into this model.”

[SNIP]

…the program will highlight three areas that hold great promise for concrete, rapid progress: racial reconciliation, procedural justice and implicit bias.

The racial reconciliation component is described as the facilitation of frank conversations between minority communities and law enforcement that allow them to address historic tensions, grievances and misconceptions between them.

The procedural justice element will focus on how the characteristics of law enforcement interactions with the public shape the public’s views of the police, their willingness to obey the law and actual crime rates.

The implicit bias aspect of the initiative will focus on how largely unconscious psychological processes can shape authorities’ actions and lead to racially disparate outcomes even where actual racism is not present.

Pilot sites were chosen based on a list of factors such as geographic diversity, jurisdiction size, ethnic and religious composition, and population density. Also considered were each site’s history of social tensions, level of violence, economic conditions, police department size and historical strategies for addressing procedural justice, implicit bias and racial reconciliation at the local level.


A FORCE TO BE RECKONED WITH: DORSEY NUNN, FROM INMATE TO A CRIMINAL JUSTICE ADVOCATE

Once drug-addicted and sentenced to life with the possibility of parole for being involved in a fatal armed robbery, Dorsey Nunn, is now the co-founder of All of Us or None and executive director of Legal Services for Prisoners With Children in San Francisco. Through these platforms Dorsey takes on monumental projects like fighting jail expansions, solitary confinement, and (successfully) pushing for “ban-the-box” legislation.

The LA Times’ Lee Romney has Dorsey’s remarkable story. Here are some clips:

A decade ago, All of Us or None scored its first victory when Nunn and dozens of others filled the chambers of the San Francisco Board of Supervisors to demand that the box on city employment applications that asks about felony convictions be removed and the question saved for later in the hiring process.

San Francisco’s successful “ban the box” ordinance was the first in the nation, cementing the city’s ultra-left reputation and changing Nunn’s life.

He now had a voice in a debate upon which public safety and billions of taxpayer dollars hinged — one that ignites emotions over such primal questions as retribution versus redemption.

All we wanted was to have a job, be skilled, be trained and be ethical.

Susan Burton, executive director of A New Way of Life, which provides housing to formerly incarcerated women
The California District Attorneys Assn. was among opponents of statewide ban-the-box legislation in 2013, saying “all this bill will do is ensure that local agencies waste public time and resources” screening applicants who “will almost certainly be rejected” once their criminal histories are known.

But the statewide ban also passed, and Nunn is now regularly consulted by national civil rights groups and policymakers. Ban-the-box legislation has been passed in 96 cities and counties and in 13 states led by Republicans and Democrats alike, according to the National Employment Law Project. (Applications for jobs where criminal history is relevant — such as child care or law enforcement — are exempted.)

The voices of those who know the criminal-justice system from the inside have been “absolutely essential,” said Michelle Rodriguez, a senior staff attorney with the employment law project.

The movement dates to March 2003, when Nunn helped convene a crowd of about 40 formerly incarcerated men and women at Oakland’s Center for Third World Development.

They spoke for many: 70 million Americans have an arrest or conviction record, and 725,000 are released yearly from prison to communities where laws, regulations and private sector practices curtail their access to employment, housing, education and even the vote.

“All we wanted was to have a job, be skilled, be trained and be ethical,” recalled Susan Burton, 63, executive director of Los Angeles-based A New Way of Life, which provides housing to formerly incarcerated women and oversees a Southland All of Us or None chapter.

Priorities were listed on butcher paper: jobs, housing, family reunification. “Ban the box” came first.

The group would take its name from a Bertolt Brecht poem.

Slave, who is it who shall free you?/Those in deepest darkness lying,/Comrade, these alone shall see you,/They alone can hear you crying./Comrade only slaves can free you./Everything or nothing. All of us or none.

Thanks in part to All of Us or None’s amateur lobbyists, bills recently signed into law in Sacramento forbid the shackling of pregnant women, remove the prohibition on food stamps for California recipients with drug felonies, and ban the box from all state and local government applications. San Francisco extended ban-the-box practices to private employers and affordable housing, and efforts are underway to expand the ban in Los Angeles and Long Beach.


AUDIT FINDS MISCONDUCT IN PASADENA POLICE DEPARTMENT, NOT ENOUGH TRAINING, OVERSIGHT

An independent audit of the Pasadena Police Department from 2005-2009 found that homicide detectives at the Pasadena Police Department were undertrained and under-supervised, and used questionable interrogation tactics among other misdeeds.

The city requested the audit after the dismissal of a 2007 homicide case during which detectives allegedly threatened and coerced witnesses and withheld evidence.

The audit will be presented to the City Council’s Public Safety Committee today (Monday).

Pasadena-Star News’ Sarah Favot has more on the audit. Here’s a clip:

“Some officers were allowed to operate extremely close to the line of legality with little or no visible oversight from supervisors who either knew or clearly should have been aware of their subordinates’ actions,” the audit said. “These supervisors had a responsibility to the department, their subordinates and the people of Pasadena to correct theses deficiencies, but they did not. Equally important, their managers did not hold them accountable.”

[SNIP]

The Pasadena Police Department has been under heightened scrutiny since the police shooting of Kendrec McDade, an unarmed black teen who officers shot to death on March 24, 2012.

The slaying resulted in city officials paying a $1 million settlement to Anya Slaughter and Kenneth McDade, the boy’s parents.

Local defense attorneys said the department was dirty and pointed to several instances were officers withheld evidence, beat suspects and threatened witnesses.

One of those attorneys, Andrew Stein, said Friday members of the Pasadena Police Department were no better than the gang members they sought to imprison.

“They shouldn’t have a police department,” Stein said. “It’s a farce. It’s a joke. The sheriff’s department should take over the city of Pasadena. … This conduct is not tolerable. It’s wrong and it’s only going to change when some rich, white person in Pasadena has something bad happen to them by these cowboys and then it’ll matter.”

And here’s a handful of other findings:

• When interrogations weren’t recorded, no reason was given and a supervisor wasn’t involved;

• A lack of consistent training in basic detective skills for both detectives and their supervisors;

• Supervisors weren’t involved before cases were brought before a prosecutor or before a search warrant was filed;

• When juvenile informants were used, there was no evidence the Police Department received court approval;

•The Police Department has no signage explaining to members of the public the process of making a personnel complaint;

• Detectives bargained with informants offering to charge lesser crimes for cooperation without supervisory approval…


COMMUNITY POLICING AT WORK: FULLERTON’S HOMELESS LIAISON UNIT BUILDS BETTER RELATIONS BETWEEN COPS AND HOMELESS

In 2011, Fullerton police officers beat Kelly Thomas, a schizophrenic homeless man, to death while he screamed for his father.

Since then, the Fullerton Police Department have made considerable strides, boosting mental health training for officers and increasing their Homeless Liaison Unit from a one-man-show to a team of four. The unit works with a mental health care professional, connects people they meet on the streets with much-needed services, and meets with advocates and other agencies to discuss issues related to homelessness.

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

On a warm afternoon at a Fullerton park, a homeless mentally ill man, rolling his head from side to side, carelessly revealed to a pair of officers that he might have a warrant out for his arrest. But he wasn’t sure.

“Can you check for me?” the man asked.

Fullerton police Cpl. Michael McCaskill held back.

“If I check, it might be bad for you,” he warned. “So I’m going to give you a number where you can check.”

This is the type of work four Fullerton police officers assigned to the department’s Homeless Liaison Unit are doing: building relationships with the homeless and mentally ill people in the city and guiding them to services.

Nearly four years after the brutal police beating death of Kelly Thomas — which sparked a national debate on the treatment by police of the homeless and mentally ill — police here have forged partnerships with homeless advocacy groups to connect the people officers meet on the street with service providers. They also participate in regional meetings with other law enforcement and advocacy groups on homelessness.

The reforms came after a series of reviews and reports — both internal and external — about what happened that night in October 2011.

But Fullerton Police Chief Dan Hughes said Thomas’s death isn’t the only reason the agency has increased its focus on the this vulnerable population.

As Orange County has become more urban, its homeless population has swelled. Hughes said the number of calls police get regarding homelessness in Fullerton has increased from about 1,400 in 2010 to more than 4,000 calls last year. That’s something no police agency could ignore.

“Even though, I don’t believe it is necessarily a police issue, it has been put on our shoulders to deal with,” said Hughes. “And so we’re trying to do that as effectively as we possible can.”

Posted in Department of Justice, Homelessness, law enforcement, mental health, race | 1 Comment »

Skid Row Shooting Points to Larger Problems…..Attica Dramas, Past & Present…CA Supremes Overturn Sex Offender Housing Law…..Holder’s To Do List

March 3rd, 2015 by Celeste Fremon

TWO BODY CAMERAS IN SKID ROW SHOOTING REPORTEDLY OFFER TELLING INFO, AS DEADLY INCIDENT POINTS TO LARGER PROBLEMS, EXPERTS SAY

The above video of Sunday’s fatal shooting of a mentally ill Skid Row man by officers of the Los Angeles Police Department is the original one shot by a bystander that’s gone viral on YouTube, not one of the body cam videos that are expected to play a role in determining what actually happened, and if use of deadly force could have been avoided.

The shooting, which has inevitably sparked controversy, was covered by at least two amateur videos as well as the security camera of the Union Rescue Mission, and two body cameras worn by LAPD officers who activated their devices prior to the action.

While the LAPD has not yet released the body cam videos, LA Times’ Kate Mather and Richard Winton talked to police sources who have reviewed the videos. Here is a clip from the story outlining what Winton and Mather learned:

Footage from body cameras worn by an LAPD officer and a sergeant involved in Sunday’s deadly shooting in downtown’s skid row does not show whether the man reached for an officer’s gun, law enforcement sources said.

But three sources who reviewed the footage from the chest-mounted cameras said the video was still consistent with accounts that the man did grab an officer’s holstered pistol.

One source said an officer is heard on the video shouting “He’s got my gun” multiple times. The footage then shows the officers pulling away from the man as though his actions posed a threat, the sources said.

The sources requested anonymity because they were not allowed to publicly discuss the ongoing investigation into the shooting.

The new information comes a day after an LAPD sergeant and two officers shot and killed a man in downtown’s skid row, an area heavily populated by homeless people.

The LAPD has said the officers were responding to a 911 call about a robbery and that the man tried to fight the officers after they approached him. During the struggle, the LAPD said, the man reached for a probationary officer’s holstered pistol, prompting police to open fire.

In a press conference on Monday, LAPD Chief Charlie Beck showed a still photo from the bystander’s video that appears to show the homeless man reaching for an officer’s weapon. Beck also said that two of the officers involved were among those had received extensive training in dealing with the mentally ill.

Reverend Andy Bales, the highly respected executive director of the nearby Union Rescue Mission, who said he knew the homeless man shot by officers, who called himself “Africa, told reporters that Skid Row is becoming an increasingly difficult area to police due to the influx of homeless from elsewhere in LA County where officials, rather than deal with their own homeless residents, send them to Skid Row. Bales called current conditions the worst he’s seen.

LAPD Officer Deon Joseph, who has been widely praised for his own longterm work on Skid Row, echoed many of Bales’ observations on his Facebook page on Monday regarding the about the newly dire nature of conditions for LA’s homeless. (Joseph was not present at the shooting on Sunday.) The current system “is failing the mentally ill,” he wrote, “it is failing the community they live in, as well as the officers who serve them.”

URM’s Bales went further and strongly recommended far more training for law enforcement, and that the specially trained officers be allowed to take the lead in approaching homeless who are likely mentally ill, while armed officers wait nearby.

The veteran homeless expert told the LA Times columnist Sandy Banks that he’s frequently seen encounters similar to Sunday’s go wrong, “because the officers are all using one hand to protect their guns.”


A BEATDOWN OF AN INMATE INSIDE ATTICA PRISON BY GUARDS WAKES OLD GHOSTS AND RESULTS IN NEW CHARGES—AND A VERY UNEXPECTED SETTLEMENT

Built in the 1930′s, the supermax prison located in Attica, New York, seems to have more than the usual number of ghosts—vivid collective memories that still haunt nearly everyone locked up in or working at the place.

Attica Correctional Facility entered the national lexicon in September 9, 1971 when, after weeks of tension, the inmates rioted and took over the facility, beating a guard fatally in the process. Although guards took most of the prison back within hours, 1,281 convicts retained control of an exercise field called D Yard, where they held 39 prison guards and employees hostage for four days. When negotiations stalled, state police and prison officers launched a disastrous raid on September 13, in which 10 hostages and 29 inmates were killed in an uncontrolled storm of bullets.

A total of 43 people died. That number included the original guard killed by inmates, William Quinn, and three inmates who were beaten to death by other prisoners. The extensive investigation that followed showed that the rest were killed by gunfire, and that the inmates never had access to firearms.

The terrible riot happened nearly 45 years ago. But now a new case of a brutal inmate beatomg by guards has resurrected many of the old ghosts.

A story by Tom Robbins, for both the Marshall Project and the New York Times, investigates the more recent incident, and also looks at it’s psychological resonance with the past.

The story concerns an inmate named George Williams, a 29-year-old African American man from New Jersey who was doing two to four years for robbing two jewelry stores in Manhattan. What happened to Williams occurred around 30 minutes after a noisy verbal exchange between a guard and an inmate, in which the guard swore, and the inmate swore back, then added a disrespectful and obscene suggestion, after the swearing.

Here are some clips detailing what happened next:

Inmates were immediately ordered to retreat to their cells and “lock in.” Thirty minutes later, three officers, led by a sergeant, marched down the corridor. They stopped at the cell of George Williams, a 29-year-old African-American from New Jersey who was serving a sentence of two to four years for robbing two jewelry stores in Manhattan.

Mr. Williams had been transferred to Attica that January following an altercation with other inmates at a different facility. He had just four months to serve before he was to be released. He was doing his best to stay out of trouble. His plan was to go home to New Brunswick and try to find work as a barber. That evening, Mr. Williams remembers, he had been in his cell watching the rap stars Lil Wayne and Young Jeezy on television, and missed the shouting on the cellblock. The guards ordered him to strip for a search and then marched him down the hall to a darkened dayroom used for meetings and classes for what they told him would be a urine test.

[SNIP]

Mr. Williams was wondering why a sergeant would be doing the grunt work of conducting an impromptu drug test when, he said, a fist hammered him hard on the right side of his rib cage. He doubled up, collapsing to the floor. More blows rained down. Mr. Williams tried to curl up to protect himself from the pummeling of batons, fists and kicks. Someone jumped on his ankle. He screamed in pain. He opened his eyes to see a guard aiming a kick at his head, as though punting a football. I’m going to die here, he thought.

Inmates in cells across from the dayroom watched the attack, among them a convict named Charles Bisesi, 67, who saw Mr. Williams pitched face-first onto the floor. He saw guards kick Mr. Williams in the head and face, and strike him with their heavy wooden batons. Mr. Bisesi estimated that Mr. Williams had been kicked up to 50 times, and struck with a dozen more blows from nightsticks, thwacks delivered with such force that Mr. Bisesi could hear the thud as wood hit flesh. He also heard Mr. Williams begging for his life, cries loud enough that prisoners two floors below heard them as well.

A couple of minutes after the beating began, one of the guards loudly rapped his baton on the floor. At the signal, more guards rushed upstairs and into the dayroom. Witnesses differed on the number. Some said that as many as 12 officers had plunged into the scrum. Others recalled seeing two or three. All agreed that when they were finished, Mr. Williams could not walk.

His ordeal is the subject of an unprecedented trial scheduled to open on Monday in western New York. Three guards — Sergeant Warner and Officers Rademacher and Swack — face charges stemming from the beating that night. All three have pleaded not guilty. An examination of this case and dozens of others offers a vivid lesson in the intractable culture of prison brutality, especially given the notoriety of Attica…

[SNIP]

After the beating ended, an inmate who was across from the dayroom, Maurice Mayfield, watched as an officer stepped on a plastic safety razor and pried out the blade. “We got the weapon,” Mr. Mayfield heard the guard yell.

Mr. Williams was handcuffed and pulled to the top of a staircase. “Walk down or we’ll push you down,” he heard someone say. He could not walk, he answered. His ankle was broken. As he spoke, he was shoved from behind. He plunged down the stairs, crashing onto his shoulder at the bottom. When guards picked him up again, he said, one of them grabbed his head and smashed his face into the wall. He was left there, staring at the splatter of his own blood on the wall in front of him.

An extensive investigation resulted. And on December 13, 2011, a New York state grand jury handed down criminal indictments against four Attica guards.

Inmates at Attica were stunned by the indictments as well. To them, the remarkable thing about the beating Mr. Williams endured that August night was not the cynical way in which it seemed to have been planned, or even the horrific extent of his injuries. What was truly notable was that the story got out, and that officers had been arrested and charged.

“What they did? How they jumped that guy? That was normal,” said a prisoner who has spent more than 20 years inside Attica. “It happens all the time,” he said. That view was echoed in interviews with more than three dozen current and former Attica inmates, many of whom made the rounds of the state’s toughest prisons during their incarceration. They cited Attica as the most fearsome place they had been held, a facility where a small group of correction officers dole out harsh punishment largely with impunity. Those still confined there talked about it with trepidation. If quoted by name, retaliation was certain, they said.

Those now beyond the reach of the batons described life at Attica in detail. Antonio Yarbough, 39, spent 20 years in the prison after being convicted of a multiple murder of which he was exonerated in 2014. Unlike Mr. Williams, Mr. Yarbough could go head-to-head with the biggest of Attica’s guards: He is 6-foot-3 and 250 pounds. But he said that fear of those in charge was a constant. “You’re scared to go to the yard, scared to go to chow. You just stay in your house,” he said, using prison slang for a cell.

That fear was palpable to Soffiyah Elijah when she visited Attica a few months before the beating of Mr. Williams as the Correctional Association’s newly appointed executive director. The organization holds a unique right under state law that allows it to inspect state prisons. “What struck me when I walked the tiers of Attica was that every person, bar none, talked about how the guards were brutalizing them,” Ms. Elijah said. “There are atrocities as well at Clinton and Auburn, but the problem is systemic at Attica.” In 2012, the association began calling for Attica to be shut down. “I believe it’s beyond repair,” Ms. Elijah said.

On Monday, a day after the publication of the above story, the case was unexpectedly settled when three of the guards accused of beating Williams so severely that doctors had to insert a plate and six pins into his leg, each pleaded guilty to a single misdemeanor charge of misconduct. Tom Robbins and Lauren D’Avolio report for the New York Times about the last-minute plea deal that spared the three any jail or prison time in exchange for quitting their jobs.


CALIFORNIA STATE SUPREME COURT RULES AGAINST LAW SEVERELY RESTRICTING WHERE SEX OFFENDERS CAN LIVE

On Monday, in a unanimous decision, the California Supreme Court ruled that the residence restrictions imposed by the the 2006 voter approved Sexual Predator Punishment and Control Act—AKA Jessica’s Law—violate the constitutional protections laid out in the 14th Amendment.

Jessica’s Law prevents registered sex offenders from living within 2000 feet of a school or park where children gather, regardless of whether or not the offenders’ crimes involved children, or if the offender’s crimes suggested he or she posed any kind of credible future threat.

The law was challenged by four sex offender parolees in San Diego County who contended that the restrictions made it nearly impossible to find a place to live, thus undermining public safety by often forcing offenders into homelessness.

Jacob Sullum writing for Reason Magazine has more. Here’s a clip:

The state Supreme Court agreed, noting that the 2,000-foot rule excludes 97 percent of the land zoned for multifamily housing in San Diego County. Writing for the court, Justice Marvin Baxter said such an onerous burden, imposed without individual evaluation, cannot be justified even under the highly deferential “rational basis” test, which requires only that a law be rationally related to a legitimate government interest:

Blanket enforcement of the residency restrictions against these parolees has severely restricted their ability to find housing in compliance with the statute, greatly increased the incidence of homelessness among them, and hindered their access to medical treatment, drug and alcohol dependency services, psychological counseling and other rehabilitative social services available to all parolees, while further hampering the efforts of parole authorities and law enforcement officials to monitor, supervise, and rehabilitate them in the interests of public safety. It thus has infringed their liberty and privacy interests, however limited, while bearing no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and has violated their basic constitutional right to be free of unreasonable, arbitrary, and oppressive official action.

The court said residence restrictions are still permissible as a condition of parole, “as long as they are based on the specific circumstances of each individual parolee.”

The ruling technically only affects San Diego County, but opens up challenges for other California counties, especially those containing large cities.


NEW US AG LYNCH UNLIKELY TO BE CONFIRMED ‘TILL NEXT WEEK, BUT HOLDER HAS A TO DO LIST

While according to Politico, it appears that U.S. Attorney General nominee Loretta Lynch will not be confirmed until next week. (She was nominated by President Obama in November to replace outgoing AG Eric Holder.) In the meantime, however, in the Washington Post, Holder has put forth a four point To Do list of “unfinished business” in the realm of criminal justice. Here are Holder’s big four:

1. RETROACTIVITY ON THE CRACK/POWDER FAIR SENTENCING ACT “First, although Obama signed the Fair Sentencing Act to eliminate a discriminatory 100-to-1 sentencing disparity between crack and powder cocaine, thousands of individuals who committed crimes before 2010 are still serving sentences based on the old ratio. This is unfair. Congress should pass legislation to apply that statute retroactively…”

2. PASS A LAW RESTRICTING MANDATORY MINIMUMS “Second, while the Justice Department has declined to seek harsh mandatory minimum sentences in cases where they are not warranted, we need to codify this approach…”

3. ONCE YOU DO YOUR TIME, YOUR VOTING RIGHTS SHOULD BE RESTORED: “Third, in individual states, legislatures should eliminate statutes that prevent an estimated 5.8 million U.S. citizens from exercising their right to vote because of felony convictions….”

4. OPERATIONAL DRUG COURTS IN EVERY FEDERAL DISTRICT: Finally, we should seek to expand the use of federal drug courts throughout the country for low-level drug offenses. These programs provide proven alternatives to incarceration for men and women who are willing to do the hard work of recovery…

Posted in Homelessness, How Appealing, mental health, Mental Illness, prison, prison policy, Sentencing, Skid Row | No Comments »

Women and Reentry, Obama Supports Smarter Sentencing Act, Former 3rd-Strikers Stay Out of Prison…and More

February 27th, 2015 by Taylor Walker

A NEW WAY OF LIFE: HELPING WOMEN ON THE OUTSIDE

in a story for Cosmopolitan, Jean Friedman-Rudovsky takes a look at how critical reentry programs are to combatting the nation’s sky-high recidivism rates, with a particular focus on women.

If they are lucky, when women are released from prison (and jail), they will be connected with services and programs to help them successfully reenter their communities. And while reentry and rehabilitation offerings are growing, the majority of women leaving prison still don’t receive the help they need to make it on the outside. More than half of women return to prison within five years.

In South LA, one sober-living transitional housing program,a New Way of Life (ANWOL), has an 80% success rate, and has helped more than 750 women reintegrate, go back to school, find jobs, stay sober, and navigate the piles of treatments and classes and meetings with their probation and parole officers.

ANWOL’s founder, Susan Burton, has a personal knowledge of prison’s revolving door, having cycled in and out of lock-up herself for 15 years.

Here are some clips from Friedman-Rudovsky’s story:

Tiffany Johnson felt excited, scared, and a little incredulous on the day she was released from Central California Women’s Facility, the largest women’s prison in the world. She’d done 16 years of her life sentence, which she got for killing her mother’s boyfriend — the man she says raped her every day from age 5 to age 10. As Tiffany exited the prison gates, two thoughts ran through her mind: “I can’t believe this is happening” and “It’s a trick.”

A few hours later, the mixed emotions distilled into fear. “I tried to take a shower,” recalled Tiffany of that April 2010 night. She turned on the water, but it came out from the tub faucet below and she couldn’t figure out how to get it to flow from above. “I cried and cried,” she said. “I felt like if this is a problem, just turning on a shower, what else am I going to run into? What other struggles am I going to have?”

The list began with the mundane, like learning to use a cell phone and getting used to closing a door herself to be alone in a room. Then there were real challenges. As a felon, she was banned from most low-income housing, and finding a job seemed near impossible. In prison she had become an expert electrician, supervising and training the other women in her penitentiary’s electrical sector. Yet every time she applied for a job, she had to check a box admitting her criminal history and never even got interviews. She finally contacted the electronic company her prison subcontractor supplied, figuring they’d give her a chance. “They didn’t,” Tiffany, now 46, said, rolling her eyes. “I served my time and I was out. But it didn’t matter. It’s like I was still serving a life sentence.”

[SNIP]

“Effective reentry programs are the exception to the rule in terms of women’s transitions back into society,” said Marc Mauer, executive director of The Sentencing Project, a D.C.-based criminal justice research and advocacy organization. Hundreds of these programs have sprouted up over the years, but the supply is not nearly enough to deal with the demand, and few prison systems have adequate prerelease programs that inform women about their options. Though prisoners’ rights advocates hold prerelease seminars when they can, often inmates are left to find out about these services through word of mouth or chance. Tiffany learned about ANWOL from an offhand comment by a member of her parole board.

Though no one keeps track of the exact number of people released into reentry programs in the U.S., experts say the vast majority of newly released people land on their own and on the street. Women face all the challenges men do, plus added pitfalls, including limited job options, specialized housing needs, and social stigma. “Compared to 20 years ago, we have a greater understanding and concern about the situation for women,” Mauer said. But, he added, there’s a long way to go.

[SNIP]

Most parole and probation arrangements demand regular compliance checks, drug tests, limited contact with possible co-conspirators, restrictions on travel, group meetings, and frequent in-person reporting, on top of finding a job and place to live. “Who knows where she slept last night and you’re asking her to do all this?” said Evelyn Ayala, ANWOL’s case manager supervisor. “Disaster waiting to happen.”

Release practices are just part of the problem, Mauer of the Sentencing Project said. “Almost all our correctional systems say they are committed to reentry,” he said, “but the scale of what they do in practice is often pretty modest.” The trouble, he explained, is twofold: not enough programming to prepare women (or men) before they are released and the availability of services once they get out.

“When you get listed on parole, they are supposed to tell you everything that is available to you,” Tiffany said. “They don’t tell you all that. They just inform you that you have the right to get assistance from the parole agent.”


OBAMA BACKS SMARTER SENTENCING ACT TO CUT MANDATORY MINIMUM DRUG SENTENCES

President Barack Obama says he wants the bipartisan Smarter Sentencing Act to pass. (If you’re unfamiliar, the proposed legislation, sponsored by Rep. Raul Labrador, R-Idaho, would cut certain mandatory minimum sentences for non-violent drug offenses in half.)

Obama expressed his support of the bill at a meeting with members of Congress to discuss ways to fix the nation’s broken criminal justice system.

USA Today’s Gregory Korte has more on the issue. Here’s a clip:

White House spokesman Frank Benenati said Wednesday that the White House is still reviewing the text of the legislation, but that “it certainly appears” that the Labrador proposal meshes with the president’s aims to “make our communities safer, treat individuals more justly and allow more efficient use of enforcement resources.”

Obama has signaled his support for sentencing changes as recently as Monday, when he praised governors who had signed similar bills at a White House dinner.

“Last year was the first time in 40 years that the federal incarceration rate and the crime rate went down at the same time,” Obama said. “Let’s keep that progress going, and reform our criminal justice system in ways that protect our citizens and serves us all.”

Labrador said that’s an important point for Obama to make. “The main obstacle is the perception that sentencing reform will lead to more crime. And I think the opposite is true,” he said. “The concern is that we want to continue to be tough on crime, but we want to be smart on crime.”

[SNIP]

“There’s a profound zeitgeist. There’s nothing as powerful as an idea whose time has come,” Booker said. “Well, this idea is coming and that power I think is gonna push something good through Congress.”


ONLY 4.7% OF CA’S FREED THIRD-STRIKERS RETURNED TO PRISON…10 TIMES HIGHER SUCCESS RATE THAN THE REST OF CA PRISONERS

Since the 2012 passage of Prop 36 (the Three Strikes Reform Act), more than 2000 inmates serving life-sentences for low-level “third-strike” offenses have been resentenced and released in California.

An average of 18 months after being freed, only 4.7% of former third-strikers are locked up again for new crimes, compared with the rest of California’s prison population, which has a recidivism rate of about 45% a year and a half after release. And when third-strikers return to lock-up, it is most often for a drug or burglary offenses.

Erik Eckholm, in today’s front-page NY Times story has more on the former lifers and why they are triumphing over the statistics. Here’s how it opens:

William Taylor III, once a lifer in state prison for two robbery convictions and the intent to sell a small packet of heroin, was savoring a moment he had scarcely dared to imagine: his first day alone, in a place of his own.

“I love the apartment,” he said of the subsidized downtown studio, which could barely contain the double bed he insisted on having. “And I love that I’m free after 18 years of being controlled.”

“My window has blinds, and I can open and close them!” he exclaimed to visitors the other day, reveling in an unaccustomed, and sometimes scary, sense of autonomy.

Mr. Taylor, 58, is one of more than 2,000 former inmates who were serving life terms under California’s three-strikes law, but who were freed early after voters scaled it back in 2012. Under the original law, repeat offenders received life sentences, with no possibility of parole for at least 25 years, even if the third felony was as minor as shoplifting.

Formerly branded career criminals, those released over the last two years have returned to crime at a remarkably low rate — partly because they aged in prison, experts say, and participation in crime declines steadily after age 25, but also because of the intense practical aid and counseling many have received. And California’s experience with the release of these inmates provides one way forward as the country considers how to reduce incarceration without increasing crime.

“I hope the enduring lesson is that all of these people are not hopeless recidivists,” said Michael Romano, director of the Three Strikes Project at Stanford Law School, which provides legal aid to prisoners and training to public defenders.


FREE MINDS INSPIRES TEENS BEHIND BARS, AND HELPS THEM ACHIEVE THEIR DREAMS ONCE RELEASED

In Washington DC, a non-profit jail book club, Free Minds, uses poetry as an emotional and creative outlet for teens behind bars, and provides them with a support system of reentry services and fellow alumni to keep each other on track and motivated (and to eat pancakes and share poetry with) once they are released. We’ve covered the healing power of poetry before: here, and here.)

The Washington Post’s Robert Samuels has more on the program, and the teens and young men who benefit from it. Here’s a clip:

…they stick together. The support system that strengthened them then is the one they are counting on to help them now that they’re out. The unlikely community has become an unlikely lifeline, as they try to defy the patterns that send ex-offenders back to jail.

They fall into a high-risk category: Juveniles tried as adults are 34 percent more likely than youth tried as juveniles to return to prison, according to a 2007 report from the Centers for Disease Control and Prevention.

The alumni of the book club have no interest in becoming part of this statistic. So they work together to create goals. They applaud when someone meets his goal, such as when Barksdale got a job working full time as a city maintenance worker. They share job leads and work out together and meet up for pancakes.

They particularly like to lead writing workshops, which is why they are at this English class on a January day.

Barksdale recites a poem he wrote in his sixth year of prison, at 22:

“The things we took up are guns, knives and bats, yeah, we be armed and strong

But how do you know it’s not right if you’re being taught wrong?”

Read more poetry from the young men of Free Minds, here. And go over to the Washington Post to watch participants share their poetry.


BOOSTS TO ARTS EDUCATION IN LA, INCLUDING PARTNERSHIPS WITH COMMUNITY ARTS PROGRAMS

The Los Angeles Unified School district is seeking to re-establish community arts education partnerships (once spurned) to bring art back into classrooms. The school district is also developing a formula to allocate arts funds more appropriately to schools and that need it most.

KPCC’s Mary Plummer has more on the issue. Here’s a clip:

Pullens lauded the district’s recent announcement clearing the way for arts funding for low-income students, and pointed to new allocations this year that helped some of the district’s schools purchase items like art supplies.

He also said the district is working on a school survey to create an arts equity index that will change the way the district allocates arts funds. The index would measure how well schools are providing arts instruction and arts access to students. Originally planned for release last year, the index is now expected next month.

But Pullens also painted a grim picture of the district’s current arts offerings. He said about a third of the district’s middle schools currently offer little or no exposure to the arts. Some of the district’s students can go through both elementary and middle school without taking a single arts class, he said. Because of gaps in arts instruction, students who start learning an instrument in elementary school, for example, might not have classes to continue music study in their middle or high schools.

Posted in Homelessness, LAUSD, Obama, prison, Reentry | No Comments »

“Ghettoside”….Unsolved Murders….a CA Prison Healthcare Company and Inmate Deaths…and Helping Homeless Kids

January 26th, 2015 by Taylor Walker

“HOMICIDE REPORT” CREATOR JILL LEOVOY’S NEW BOOK PORTRAYS VIOLENCE IN INNER CITY COMMUNITIES

In her brand new book, Ghettoside: A True Story of Murder in America, LA Times crime reporter Jill Leovy tells the story of an 18-year-old son of a homicide detective, Bryant Tennelle, who was shot by gang members looking for an easy target from a rival neighborhood. Tennelle was a smart, black kid who was not in a gang.

Ghettoside uses Tennelle’s tragic death and subsequent investigation as a human portrait of homicide in Los Angeles and across the country, particularly young men of color killing other young men of color, breakdowns in the criminal justice system, and why so many of these murders go unsolved.

Leovy’s book is already getting a lot of well-deserved attention (and we’ll have more on Ghettoside when it’s released).

Prior to writing Ghettoside, Leovy created the LA Times’ Homicide Report, a ground-breaking blog that endeavored to record every homicide in LA County, and told the stories of the unknown and unnoticed victims, matching faces to the statistics.

NPR’s Scott Simon interviewed Leovy about her book, which will be released tomorrow (Tuesday). Here’s a clip:

On what the Tennelle murder investigation found:

The [detectives] … call it “profiling murder.” And so what’s happening is gang members will get in a car, they will go to the rival neighborhood to send a message and they will just look for the easiest, most likely victim they can find. And [it's] probably going to be a young black man. And if he fits the part, that’s good enough. And an astonishing number of victims — I did a count in 2008 of 300-some LA homicides of the gang-related homicides, and I think something like 40 percent of the victims were this sort of a victim: non-combatant, not directly party to the quarrel that instigated the homicide, but ended up dead nonetheless.

On the challenge of getting witnesses to talk:

Well, everybody’s terrified. I’ve had people clutch my clothes and beg me to not even write that there was anybody at the scene. I’m not even describing them. They just don’t want anyone to know that there was somebody at the scene. …

In the big years in LA, in the early ’90s, young black men in their early 20s — who, by the way, are a disproportionate group among homicide witnesses because this is the milieu they’re in — had a rate of death from homicide that was higher than those of American troops in Iraq in about 2005. So people talk about a “war zone” — it was higher than a combat death rate. They are terrified, they have concrete reason to be terrified and then the justice system comes along and asks them to put themselves in possibly even more danger. What would you do?

Ghettoside also landed a front-page NY Times book review by Jennifer Gonnerman.


AND WHILE WE’RE ON THE SUBJECT OF THE UNSOLVED HOMICIDES IN L.A. OF YOUNG MEN OF COLOR…

The LA Daily News has two excellent stories sharing common themes with Leovy’s Ghettoside.

In the first, Sarah Favot, compiled and analyzed mountains of unsolved LA County homicide data from 2000-2010. Favot found that 46% of the 11,244 homicides recorded during those years remain unsolved. At 54%, LA County had nearly a 10% lower success rate than the national average (63%).

Here are some clips from Favot’s report:

The homicide information analyzed by this news organization is the first-of-its-kind database of unsolved homicide cases in L.A. County from Jan. 1, 2000, through Dec. 31, 2010. A 54 percent countywide clearance is not satisfactory, said L.A. County Sheriff Jim McDonnell. “In the real world, these are people’s lives and their memories and how they view the system,” McDonnell said. “You can never bring the person back, but at least there is some level of justice when people are held accountable; it adds to the credibility of the system.”

[SNIP]

The data analysis is based on 11,244 homicides recorded over the time period by the L. A. County Department of Medical Examiner-Coroner. Law enforcement agencies throughout the county provided the statuses of 10,501 homicide investigations. Information was not provided on 682 cases and detectives determined an additional 61 deaths were no longer considered homicides.

In 44 percent of the cases in which the status was known, a suspect had been arrested. About 10 percent of the homicides are considered “solved by other means” either because the suspect had died, the case was deemed a murder-suicide or police investigators determined the death to be justified, as in the case of an officer-involved shooting.

“This is eye-popping data when you look at it in detail,” said Jody Armour, the Roy P. Crocker Professor of Law at USC. “You see stark differences in just homicide numbers and (clearance) rates as a function of race….It’s a window on race and class and crime in L.A. and therefore in much of America.”

[SNIP]

Half of the homicides of black victims remain unsolved. Black victims made up about 34 percent of all homicides recorded in L.A. County during the 11-year period.

Blacks and Latinos are killed most often because they are more likely to live in high crime and gang-affected areas where illegal weapons proliferate, said Jorja Leap, a professor at the UCLA Luskin School of Public Affairs and nationally recognized gang expert conducting a five-year research study evaluating the impact of Homeboy Industries, a gang-intervention and re-entry program in Los Angeles.

In the second, Rebecca Kimitch explores two crucial reasons many of these homicides go unsolved—witnesses’ mistrust of law enforcement and fear of retaliation for “snitching”—as well as what can be done to build trust between cops and communities. Here are some clips:

…some departments in large cities across the United States, including Houston, Denver, San Diego and Jacksonville, have bucked the trend, boasting homicide clearance rates of 80 to 90 percent. They’ve even cleared more of the most difficult to crack cases: those involving gangs.

How have they done it?

To start, by finding something that doesn’t cost a dime but eludes most police departments: community trust.

[SNIP]

“People just don’t want to get involved. Nobody would tell me, ‘Detective Yu, this is what I saw,’ ” the detective said. “That happens a lot in gang cases. At the end of the day, the common denominator is people are scared to talk.”

It’s the snitch rule, explained 26-year-old South L.A. student Shea Harrison. Talking means risking your life, he said, and it doesn’t matter if the victims weren’t part of a gang.

“It’s just the code,” he said.

On the rare occasion that witnesses come forward with information in gang-related homicides, getting them to testify in court “can take an act of God,” said Los Angeles County sheriff’s homicide Detective Frank Salerno.

And with the Internet and social media making it easier to track people down, the fear of retribution is growing, Salerno said, making the public less and less inclined to get involved. While social media has also made it easier, in come cases, for police to track down witnesses, just because someone said something on Twitter, they aren’t necessarily going to say more to police or in a courtroom, Salerno said.

In some cases, it’s not gangs that potential witnesses fear, it’s the police…


PRIVATE PRISON HEALTH CARE COMPANY SUED FOR INADEQUATE CARE IN THE WAKE OF INMATE DEATHS

California Forensic Medical Group provides health care (and in many cases mental health care) to 65 adult and juvenile facilities in more than 20 counties, including Ventura, Yolo, Monterey, and Sonoma.

Allegations of negligence via inadequate physical and mental healthcare, drug detox services, and severe understaffing have emerged as the number of healthcare-related deaths have jumped in counties across the state. CFMG has come up against more than a dozen lawsuits by California inmates’ families.

From 2004 to 2014, 92 people either committed suicide or overdosed on drugs under the care of CFMG in county facilities. In 2012, when CFMG took over health care in Santa Cruz, four people died within the nine months. Last year in Sonoma, four inmates died in less than a month.

The Sacramento Bee’s Brad Branan has more on the issue. Here’s how it opens:

On a Saturday morning in 2010, Clearlake police showed up at the home of 38-year-old Jimmy Ray Hatfield after he barricaded himself in his bedroom and told his parents he had a bomb.

Hatfield was mentally ill and thought someone was going to kill him, his parents told police. After a lengthy standoff, he was brought to a hospital, given an antipsychotic and a sedative and transported to the Lake County jail, records show.

The jail nurse received paperwork from the hospital detailing his psychotic state, but said she did not review it because that was the job of another nurse. That nurse wasn’t scheduled to work for another day and a half.

By then, Hatfield was found unresponsive in his cell, hanging from a bed sheet.

The company responsible for the jail’s health care, California Forensic Medical Group, was accused by Hatfield’s family of negligence in his death and settled the case for an undisclosed amount. It has faced allegations that it failed to provide proper care in dozens of U.S. District Court cases over the last decade.

CFMG is the state’s largest for-profit correctional health care company, delivering medical service in 27 counties, including El Dorado, Placer and Yolo. The company also provides jail mental health service in 20 counties.

The company started in 1984 with a contract to provide care in Monterey County and has consistently grown by taking over inmate health care in small and medium-size counties. Bigger counties, including Sacramento, tend to provide their own correctional health care.

Since the state started sentencing lower level offenders to county jails instead of state prisons in 2011, attorneys who successfully sued the state over inmate health care are now suing counties. That realignment has prompted more counties to rely on private companies such as CFMG to oversee jail health care to control costs and reduce liability.

At least three county grand juries have criticized the company’s role in inmate deaths. Some investigations have been spurred by a spike in deaths – four people in Sonoma County in an 11-month period ending in 2007 and four people in nine months in Santa Cruz County after CFMG took over health care in 2012.

Sonoma County officials are promising yet another investigation following the death of four inmates in less than a month last year.

A common thread in the reports and court complaints: CFMG allegedly provides insufficient mental health and detoxification services, two of the most persistent needs in jails.


NINE PRINCIPLES FOR HELPING KIDS ESCAPE HOMELESSNESS

In LA County in 2013, two-thirds of the 7,400 homeless family members were children, in addition to 819 unaccompanied minors, according to the Los Angeles Homeless Services Authority’s homeless count.

The Chronicle of Social Change’s Robin Rivera, once a runaway herself, points to nine evidence-based approaches to help children out of homelessness, established by the Homeless Youth Collaborative on Developmental Evaluation.

Here are the first four:

Journey Oriented: Recognizing that everyone is on a journey and conveying that message to the client. It is helping them to see a future and they get to choose what they will create.

Trauma-Informed: All staff that have contact with clients need to be trauma trained as to be more successful and to not inflict any additional traumatic experiences for the youth.

Non-Judgmental: To make sure that clients know they will receive services and support regardless of their past, present, or future choices. This creates trust and openness.

Harm Reduction: Help clients to minimize risky behaviors in the short and long-term scenarios. This means understanding that risky behaviors do not go away over night, but an emphasis on working towards reduction.

Posted in Foster Care, Gangs, Homelessness, mental health, prison, racial justice | No Comments »

Realignment and Homeless Probationers, San Francisco to Nix Costly Jail Phone Calls, and Restorative Justice in Massachusetts Prisons

July 7th, 2014 by Taylor Walker

INCREASE IN HOMELESS AB109 PROBATIONERS, AND HOW COUNTIES ARE DEALING WITH THE ISSUE

The diversion of lower-level offenders from state prison to county supervision through California prison realignment, AB 109, was designed to alleviate severe prison overcrowding and recidivism while saving the state money. But realignment has greatly increased the number of homeless people under county supervision, where they were previously supervised under state parole officers, and many counties are struggling with the expanded responsibility.

Los Angeles County may decide to consider homelessness a violation of an inmate’s terms of release, a “solution” that many advocates see as more destructive than effective (and WLA agrees). Other counties are increasing shelter beds or providing temporary shelter for homeless probationers.

The Associated Press’ Gillian Flaccus has more on the issue. Here’s how it opens:

Gov. Jerry Brown based his recent overhaul of the state corrections system in part on the idea that having those convicted of lower-level crimes supervised by county probation officers instead of state parole agents when they are released would help them stay clean, find jobs and avoid committing new crimes.

A cornerstone of the law’s success is housing, yet county probation officers throughout the state say homelessness continues to undermine their ability to help ex-cons rehabilitate, get drug treatment and find jobs. Some California counties report that up to one in five of the parolees they supervise under the governor’s realignment law is homeless.

“You’ve got somebody and … they’re gang-involved, you want to get them in classes, but they live under a bridge,” said Andrew Davis, an analyst with the Santa Cruz County Probation Department. “They’re not going to show up; they don’t know what day of the week it is.”

Counties across the state are dealing with the problem in different ways. Many are trying a patchwork of solutions as they adapt.

In Marin County, probation officers sometimes pick homeless parolees up at the prison gates and pay for motel rooms until they can find a bed. Santa Cruz County has contracted with local homeless shelters, a move that stirred controversy last year.

Homeless parolees in Riverside County are required to check in at an electronic kiosk and have their photo taken daily. In San Diego County, where nearly 400 former prison inmates are reporting as homeless, there’s a plan to spend $3 million to add 150 shelter beds. Parolees who say they are homeless must check in weekly with probation.

In Los Angeles County, where 758 convicts released under realignment say they have no permanent address, county attorneys are considering whether being homeless could be classified as an automatic violation of a parolee’s terms of release. That’s in part because many counties are finding that former inmates will claim homelessness to avoid close supervision.

Los Angeles has spent more than $6.5 million on housing for convicts who would have previously been the responsibility of state parole.

Counties say the number of lower-level offenders — defined as those who have committed crimes that are non-serious, non-sexual and non-violent — who are homeless upon their release has not necessarily changed since the realignment law took effect in 2011. State officials are still tallying the number.

The difference is that previously, these felons were the state’s responsibility. Counties are not strangers to dealing with homeless probationers, but now the numbers have increased.

Read on.


SAN FRANCISCO MOVES TO LOWER EXORBITANT RATES FOR LOCAL PHONE CALLS FROM JAIL

In August of last year, the FCC placed a cap on how much companies can charge inmates (through their families) for interstate calls at 25 cents per minute. But because the cap only applies to out-of-state calls, contracted companies like Global Tel-Link continue to charge inmates’ families outsized fees for in-state calls and other services.

Last week, the San Francisco Board of Supervisors voted to modify the county’s contract with Global Tel-Link to reduce the costs of local and regional calls from SF County jails by up to 70%. San Francisco is one of the first counties to take a stand against contractors like GTL overcharging inmates’ loved ones. We hope other counties in California (ahem, Los Angeles) and other states follow suit.

The LA Times’ Lee Romney has the story. Here’s a clip:

The steep charges are the result of a contracting system in which the companies pay “commissions” to correctional institutions — in some cases to pay for inmate programs — while charging fees to cover those costs, according to regulators, lawmakers and inmate advocates.

Now, San Francisco is taking steps to halt the practice — one of the nation’s first local jurisdictions to do so.

At San Francisco Sheriff Ross Mirkarimi’s urging, the Board of Supervisors last week voted unanimously to amend the county contract with Virginia-based GTL to dramatically reduce the cost of calls, which can burden inmates’ families.

“We just decided to stop the bleeding of poor people,” Mirkarimi said, noting that successful reentry into society often depends on strong family ties.

The cost of a 15-minute collect in-state regional call, such as those to a neighboring county, will drop by 70%, to $4.05 from $13.35. A 15-minute collect local call will now cost $2.75 instead of $4.45 — a 38% drop.

Earlier this year, the FCC capped the cost of interstate calls from correctional facilities between 21 and 25 cents per minute, and federal regulators are exploring whether to expand those efforts to in-state calls.

So far, most state efforts have focused on prisons, not local jails, like San Francisco’s.

California and at least seven other states ban prisons from accepting commissions…

Verizon, which isn’t in the corrections business, has weighed in against the practice, telling the FCC: “Forcing inmates’ families to fund [inmate services] through their calling rates is not the answer. … Other funding sources should be pursued.”

County-run jails have opposed regulation, and have largely managed to avoid it.

Assemblyman Bill Quirk (D-Hayward) hopes to change that. He has introduced a bill that would ban commissions and require contracts to be awarded to providers offering the lowest cost of service for inmates. It would apply to all jails and juvenile facilities statewide.

The California State Sheriffs’ Assn. opposes the measure, contending the changes would “negatively impact inmates” by reducing funds for inmate services.

But Quirk said, “I think there are better ways to fund it other than taxing grandma.”

The bill, which passed the Assembly, goes before the Senate Appropriations Committee in August.


MASSACHUSETTS TO LAUNCH RESTORATIVE JUSTICE PROGRAM IN PRISONS

In September, Massachusetts will pilot a new restorative justice prison program (based on the Victim Offender Education Group at San Quentin State Prison) aimed at reducing recidivism. During the 34-week course, offenders will have the opportunity to connect with victims in a mutually healing environment and take responsibility for harm they caused to others.

The NY Times’ Dina Kraft has the story. Here’s how it opens:

For many of his 15 years behind the soaring prison walls here, Muhammad Sahin managed to suppress thinking of his victims’ anguish — even that of the one who haunted him most, a toddler who peeked out from beneath her blankets the night he shot and killed her mother in a gang-ordered hit.

But he found it impossible to stop the tears as he sat in a circle together with Deborah Wornum, a woman whose son was murdered, and more than a dozen other men serving terms for homicide and other violent crimes. Each participant — victim and inmate — had a very different, personal story to share with the encounter groups that met here on a recent weekend in a process called restorative justice.

Ms. Wornum, 58, talked about the summer night three years ago when her son Aaron, a 25-year-old musician, walked out of their home with a cheerful “Be right back.” Forty minutes later the phone rang. It was a hospital; her son had been shot. He took his final breath in her arms.

“You touched me the most because it really made me understand what I put the family through,” said Mr. Sahin, 37, who was 22 when he killed the young mother. Taking a deep breath, broad shoulders bent forward, he continued. “I really don’t know how to overcome this or if I can overcome it. I’ve done a lot of bad stuff in my life. But I’ve reached a place where I’m not numb anymore.”

Lifting his head to look directly at Ms. Wornum, he projected his crime onto the murder of her son: “I kind of feel like I caused the pain, like I’m the one who committed the crime.”

The unusual two-day gathering took place south of Boston at the Massachusetts Correctional Institution at Norfolk, one of the state’s oldest prisons as well as its largest, with about 1,500 inmates. Under the whirring of overhead fans in an auditorium of exposed red brick, it brought 150 inmates together with victims, judges, prosecutors and mediators. Gov. Deval Patrick attended briefly and met with a small group of those present.

Restorative justice, a process with roots in Native American and other indigenous cultures that resurfaced in the United States and abroad in the 1970s, has begun to make headway in some states, including Massachusetts, where legislation was introduced last year to promote its practice. It brings offenders and victims together voluntarily. Offenders take responsibility and acknowledge the impact their actions had on their victims and loved ones as well as their own families and neighborhoods. The victim is given a chance to ask questions of the offenders and share how their lives were affected by the crime. Advocates say it is key to rehabilitation and reduced recidivism….

In September, Massachusetts will pilot a curriculum on restorative justice, modeled on a program called the Victim Offender Education Group, which was developed for California’s San Quentin State Prison. Meeting weekly for 34 weeks, participants will undergo a probing process aimed at acquiring accountability for the harm they caused.

Posted in Homelessness, jail, Probation, Realignment, Rehabilitation, Restorative Justice | No Comments »

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