Thursday, October 2, 2014
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$20 Million to Mental Illness Diversion, Gov. Brown’s Veto of Prosecutorial Misconduct Bill, Too Few LASD Patrol Cars In Unincorporated LA, and Rikers’ Ban On Solitary for Kids

October 2nd, 2014 by Taylor Walker

SUPES SET ASIDE $20 TO KEEP MENTALLY ILL OUT OF JAIL AND IN TREATMENT

On Tuesday, the LA County Board of Supervisors voted to allocate $20 million for keeping the mentally ill out of lock-up, and steering them into treatment and other tailored services, instead. The money is being earmarked for diversion programs pending LA DA Jackie Lacey’s upcoming recommendations for how to best divert mentally ill offenders.

The Supes made this decision earlier than expected, having previously said they would wait to vote on this issue until Lacey presented her report later in the fall. (Backstory on the issue—here.)

Supe. Ridley-Thomas has more about the board’s important decision on his website. Here’s a clip:

“Unnecessarily jailing people with mental illness is not only expensive, because they can be treated for a fraction of the cost using community-based programs, but it is also harsh and insensitive, and dare I say, inhumane,” [Ridley-Thomas] said. “Having an untreated mental illness should not be a crime.”

The County of Los Angeles has been under a Memorandum of Agreement with the U.S. Department of Justice since 2002 and could face a consent decree because the jails were not designed to accommodate or deliver treatment to inmates with severe mental illnesses.

Today, the Board of Supervisors joined with District Attorney Jackie Lacey, County mental and public health departments and the Sheriff’s Department as a financial partner committed to diversion. In 2015, the board will vote on whether to build a $2 billion jail. By setting aside $20 million in a separate fund pending receipt of the District Attorney’s report, the Board has expressed a commitment to righting this wrong.


RADLEY BALKO ON GOV. BROWN’S VETO OF IMPORTANT BILL AGAINST PROSECUTORIAL MISCONDUCT

Yesterday, we linked to a number of good and important bills Gov. Jerry Brown signed this week, but the governor did also veto a significant criminal justice reform bill aimed at curbing prosecutorial misconduct, and thus, wrongful convictions.

AB 885 would have given judges the ability to tell juries when prosecutors intentionally withhold exculpatory evidence from the defense. (While it is “arguably illegal,” as the Washington Post’s Radley Balko says, there is not much in the way of accountability to keep prosecutors from withholding evidence.) Some prosecutors had even supported the bill.

Balko has the rundown on why Brown’s veto was troubling. Here’s a clip:

This year, the state legislature again passed a bill aimed at reining in wrongful convictions, this time by allowing judges to inform juries when prosecutors have been caught intentionally withholding exculpatory evidence, which is already a breach of ethics and arguably illegal. It was modest reform that even some state prosecutors supported. Yet Gov. Brown vetoed it. The watchdog site The Open File, picks apart Brown’s justification.

Brown based his veto on two claims: first, that “Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light at trial”, and, second, that the bill “would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed.”

The first claim ignores the very problem that the bill was designed to remedy by suggesting that the present regime of prosecutorial accountability is perfectly sufficient, when the evidence, not only in California, but across the country continues to mount that too many prosecutors have for too long violated their constitutional and ethical duties as public officials.

The second claim is, if possible, even stranger. In fact, one could be forgiven for thinking Brown’s office hadn’t read the bill. To say that an amendment to the penal code which vests discretion in judges is a “sharp departure” from the practice of allowing “the judiciary to decide how juries should be instructed,” is, frankly, bizarre. But not arbitrary. It bespeaks a broader truth at work here: when unchecked authority detects even the hint that its prerogatives are being questioned, its reaction is frequently hysterical. It goes “ballistic” as Assemblyman Ammiano suggested. And when impunity is threatened, reason goes out the window. Minor reforms are seen as existential threats.

Which, of course, carries through into something broader still. A national, racialized hysteria over crime that has for decades now fogged the public mind to the enormous human cost of over prosecution and over sentencing.

Jerry Brown had an opportunity to take one baby step toward slowing the rate of this damage. Alas, the Democratic Governor of perhaps the most reliably Democratic state in the union couldn’t summon the courage. His party’s capitulation to the law-and-order agenda is apparently too deeply woven into his political identity. And so he has left it to others to start burning off some of that fog.

It isn’t as if prosecutor misconduct is nonexistent in California. A 2010 study by the Northern California Innocence Project found 707 instances of prosecutorial misconduct in California courts between 1997 and 2009. And those were merely cases where misconduct had been found by appellate courts. The study also found that over that same period, just 10 state prosecutors were disciplined by the California State Bar. A follow-up study the following year documented 102 cases of misconduct found by California judges in 2010 alone, including 31 in Los Angeles County. In a ruling last December, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit — which includes California — decried an “epidemic” of Brady violations in America. (“Brady” is shorthand for the Supreme Court decision requiring prosecutors to turn over exculpatory evidence.)

Balko goes on to give quite a few specific instances of prosecutorial misconduct in California, so do go read the rest.


LASD DOESN’T SEND ENOUGH PATROL CARS OUT TO UNINCORPORATED AREAS, SAYS SUPE. MOLINA

LA County Supervisor Gloria Molina’s office found that the Los Angeles Sheriff’s Dept. has been failing to send out the agreed upon number of patrol cars to unincorporated areas like East Los Angeles. The shortages were especially predominant on weekends, when there are generally more calls from people needing help. Molina’s office also found that the department sometimes increased the number of patrol cars during the week to offset the weekend deficit.

In light of the findings, the Supes have decided to hold $12 million in funding for new hires (to lower response times in unincorporated areas) until the department solves it’s scheduling problem.

The LA Times’ Abbey Sewell has more on the issue. Here’s a clip:

“I just wanted to get what I was paying for,” Molina said in an interview. “You see the high crime rates in these areas, and the patrol cars weren’t there.”

At the supervisors’ meeting Tuesday, a contrite Assistant Sheriff Michael Rothans acknowledged that there was a problem with weekend staffing, which he said he had only learned about recently. But he said the department had taken measures to alter a scheduling practice that had put more deputies on patrol during quieter weekdays — a situation that he said stemmed in part from a freeze on overtime, which was lifted in July.

In an effort to improve response times, supervisors agreed to set aside $12.4 million to increase the number of deputies patrolling unincorporated areas. But they decided to hold the money until sheriff’s officials verify that they have fixed scheduling practices that have led to more deputies being deployed during weekdays than on busy weekend nights.

The additional funding would add 67 deputies to the unincorporated areas, as a move toward restoring staffing to pre-recession levels. An additional 56 positions could be added next year.

A study of sheriff’s response times around the county found that those for both routine and emergency calls had grown worse in some unincorporated areas from 2010 to 2013. In East Los Angeles, the average time to respond to emergency calls remained 4.3 minutes — one of the best in the county’s unincorporated areas — but response time for routine calls had increased from 58.4 to 68.4 minutes. In unincorporated areas around Malibu, emergency response times increased from 9.8 to 10.8 minutes and routine calls from 34.5 minutes to 42.2 minutes.


THE SIGNIFICANCE OF NYC DEPT. OF CORRECTION’S BAN ON SOLITARY CONFINEMENT FOR 16 AND 17-YEAR-OLDS

In August, a federal investigation found that teenagers at the notorious Rikers Island prison in New York were subjected to excessive and unchecked use of force by guards, violence from other inmates, and overuse of solitary confinement as punishment.

This week, the New York City Dept. of Correction has announced it will eliminate the solitary confinement of juveniles at Rikers by the end of 2014.

The Center for Investigative Reporting Trey Bundy and Daffodil Altan explain the importance of this reform and what it might mean for other jurisdictions that are still putting kids in isolation. Here are some clips:

We know little about how many young inmates get placed in solitary, why and for how long.

This is what Juan Méndez, the United Nations’ special rapporteur on torture, called “a chaos of information.” Juvenile solitary confinement is torture, he said, and no one knows how common it is.

Because most U.S. facilities are not required to track or report their use of isolation for juveniles, the practice has flourished in the shadows. And because no federal laws prohibit isolating teenagers indefinitely for 23 hours a day, young inmates can spend months alone in their cells without anyone outside their facilities noticing.

[SNIP]

Many facilities suppress information and close their doors to scrutiny.

New York City Councilman Daniel Dromm sponsored a recently passed bill requiring corrections officials to report detailed data about who is held in solitary, why and for how long, after officials refused to provide him with data he requested. His legislation could be a model for other jurisdictions seeking the access and information required to understand what is happening to teenagers in local facilities.

CIR made dozens of requests to visit the isolation units in facilities that hold juveniles across the country, but only one, in Santa Cruz, California, opened its doors and talked openly about efforts to reduce the use of solitary confinement. Officials at the Santa Cruz County Juvenile Hall have kept isolation data for years, tracking a decline in the practice so drastic that officials from jurisdictions all over the country travel to California to see how they did it.

[SNIP]

Now that Rikers Island, the nation’s second-largest jail, is saying it will ban juvenile solitary confinement, it’s possible that other jurisdictions will follow suit.
A growing chorus of mental health experts claims that isolating teenagers makes them more violent, and more relationship-based and trauma-informed approaches to managing teens will lead to safer facilities and safer streets.

Although Rikers Island officials have been privy to such perspectives for years, it took months of media scrutiny and a federal investigation for them to acknowledge the damage their practices have caused and commit to changing them. The question now is whether others will voluntarily work to find new ways to manage troubled teens, like officials did in Santa Cruz, or whether they will wait for government probes and media attention.

Posted in Edmund G. Brown, Jr. (Jerry), jail, juvenile justice, LASD, Mental Illness, Prosecutors, solitary | No Comments »

Gov. Brown Signs a Mountain of Bills, SFPD’s Problem of Lethal Use of Force Against Mentally Ill, Americans Ignoring Conditions in Prisons, and Paul Tanaka’s Campaign

October 1st, 2014 by Taylor Walker

GOV. JERRY BROWN SIGNS “GUN VIOLENCE RESTRAINING ORDER” BILL AND MANY OTHER SIGNIFICANT BILLS

On Sunday and Monday, Gov. Jerry Brown signed a number of important bills, including a piece of legislation that will give family members and law enforcement the ability to petition a court to temporarily restrict individuals from possessing firearms who are displaying certain warning signs that they may harm themselves or others.

Reuter’s Sharon Bernstein has more on the “Gun Violence Restraining Order” bill. Here’s a clip:

The legislation – the first such measure in the United States - was introduced after police near Santa Barbara said they were unable to confiscate weapons from a man who later went on a rampage and killed six people, despite concern from his family he was in poor mental health and might become violent.

Under the so-called gun violence restraining order in the court system, immediate family members and law enforcement agencies could ask a judge to order guns temporarily removed from certain individuals.

The restraining order would last 21 days, and could be extended up to a year, after a notice and a hearing.

“The new ‘Gun Violence Restraining Order’ law will give families and law enforcement a needed tool to reduce the risk of mass shootings and gun violence both in the home and on our streets,” said Nick and Amanda Wilcox, legislative co-chairs of the California Chapters of the Brady Campaign to Prevent Gun Violence.

Gov. Brown also signed SB 1111, which will establish safeguards for kids involuntarily transferred (because of expulsion or probation referral) to community schools, making sure they are given schooling options that are “geographically accessible” to students. (Susan Ferriss of the Center for Public Integrity has done excellent reporting on this particular issue.) The bill will also exempt homeless children and kids with certain probation referrals from having to transfer to a county community school.

Another newly signed bill, AB 2276, will ensure that kids exiting juvenile justice facilities are immediately enrolled in school. (We previously linked to this issue here.)

AB 2124, which will allow judges to defer sentencing for certain first misdemeanors, allowing defendants to meet certain criteria to have the case against them dismissed, also made it past the governor’s desk this week.

Brown also approved a heap of bills to help and protect California’s foster children, including, SB 1252, which will extend housing for foster kids until they are 25 if they remain enrolled in school. (The rest of the list can be found here.)


MORE THAN HALF OF PEOPLE KILLED BY SFPD ARE MENTALLY ILL, AND WHAT THE DEPT. IS DOING TO ABOUT IT

Between 2005 and 2013 in San Francisco, 58% of people police officers had shot and killed had mental disabilities. While California does not mandate specialized training to teach officers how to de-escalate confrontations with the mentally ill, most of the Bay Area police forces have implemented a program Called Crisis Intervention Training, which includes diverting the mentally ill from lock-up.

While the SFPD adopted CIT in 2011 after several years in which every person officers killed was mentally ill, it has been slow going. Only 18% of officers have received the specialized training (20-25% is ideal) more than three years into the program.

KQED’s Alex Emslie and Rachael Bale have the story. Here’s a clip:

The San Francisco Police Department adopted the Memphis Model of CIT in 2011, after three years in a row in which every person killed in a police shooting had a mental illness.

But it’s clear implementing the program hasn’t been fast or easy.

Three and a half years into the program, the department has trained about 18 percent of its patrol officers. Ideally, somewhere between 20 and 25 percent of officers are trained, with the goal of at least one trained officer at each station for each shift.

Finding the right officers for the training hasn’t been easy, and that’s true anywhere, said Major Sam Cochran, who founded CIT while at the Memphis Police Department.

“There are some officers that are not ready to be CIT officers,” said Cochran, who is now at the University of Memphis. “They don’t have the experience. Some officers don’t have the maturity level.”

In some cities, like Berkeley, the program is so elite that officers must compete to get in. But as it launched in San Francisco, few officers volunteered, and station chiefs simply had to choose who got sent to training. Cochran says it’s the the role of a police chief to elevate the status of the team so officers want to be a part of it.

“That chief needs to make sure that those men and women understand that they have an identity and that they have a role,” Cochran said.

Cochran’s model calls for CIT to be an elite, and independent, team within the department, like SWAT or hostage negotiation. In an interview with KQED, San Francisco Police Chief Greg Suhr said he’d prefer it not to be separate.

“Police officers by nature find niches,” Suhr said. “I don’t want cops to find a niche and be expert on what they do and don’t do. I want them to do it all.”

That’s how SFPD Commander Richard Corriea once felt. He’s the third person to lead SFPD’s Crisis Intervention Team in three years.

“I’m a convert on the issue of team,” he said. “I think it inspires officers who are engaged in this. They have a special skill. It makes them feel part of something. And the outcome is better and better service.”

A team creates a feedback loop, said Angela Chan, a former police commissioner who spearheaded the program. The unit is supposed to learn from each response. It allows officers perfect their skills, share information with other CIT officers and establish strong relationships with mental health providers.

The SFPD is one of many forces struggling with this issue: the Department of Justice has said that Albuquerque, NM, police have a serious problem with excessive use of force, sometimes escalating confrontations until there is reason to use force against someone.

NPR’s Kelly McEvers has the story. Here’s a clip:

Some officers argue that in these situations, it’s black and white. There is no gray. If someone has a weapon and points it at police, police are going to shoot. And they don’t shoot to wound, police told NPR; they shoot to kill.

But the Justice Department says it is gray sometimes. In its report, the Justice Department said Albuquerque police sometimes use force when there is not an imminent threat to officers or others, and that they themselves sometimes escalate the situation until there is a reason to use force.

Sam Costales, a former Albuquerque cop for more than 20 years, says of course there is a gray area.

Back in 2001, Costales was chasing an armed robbery suspect who grabbed a piece of pipe from the back of his truck and came at him. Costales took out his gun.

“I could’ve shot him,” he says. “I had every right to shoot him. But I didn’t want to shoot him.”

Instead, he put his gun back in the holster, maced the guy and arrested him.

Back at the station, Costales put the suspect in an interview room and went to get him something to drink. A couple of detectives walked by.

“And they go, ‘What are you doing?’ I said, ‘I’m getting the guy a Coke.’ ‘You’re getting the guy a Coke? This guy that just came at you with a pipe? A guy that’s gonna kill you, you’re gonna buy him a Coke now?’ I said, ‘He didn’t kill me, and he’s thirsty,’ and I left it at that,” Costales says.

Costales says he tried to treat suspects with respect. But other cops yelled at people, beat people up, used their weapons against people and then covered it up, he says.

Riot police faced off with protesters Sunday, during a demonstration against recent police shootings in Albuquerque, N.M. The march lasted at least nine hours.

A lot of this bad behavior is the work of a good-old-boys network, where it’s all about who you’re related to, says Cassandra Morrison, another former Albuquerque cop of 20 years.

Doug Brinson sits on a stoop next to a makeshift memorial for Eric Garner in Staten Island, N.Y. Garner died after he was put in a chokehold by police officers while being arrested at the site last month for selling untaxed loose cigarettes. His death has been ruled a homicide.

It’s about “who you know, who you hang out with, who you smoke cigars with, who you go have a beer with,” she says.

If you’re in the club, she says, you don’t get punished when you act like a cowboy, break the rules and use excessive force. It’s a system that won’t change until some of those cowboys get punished, she says.


CONSTITUTIONAL LAWYER SAYS AMERICANS PAY NO MIND TO CRUEL AND UNUSUAL CONDITIONS IN PRISONS ACROSS THE US

In an op-ed for the LA Times, Martin Garbus, an attorney and author of several books on constitutional law, says Americans are disregarding reports of atrocious conditions prisoners across the nation are held in, particularly in solitary confinement. Garbus says that turning the other way is a matter of “bad public policy,” and that the prisoners enduring cruel and unusual punishment, health hazards, and sexual assault will eventually return to their communities. Here’s a clip:

As a litigator and constitutional lawyer, I have heard appalling stories from the nation’s prisons and jails. One prisoner described to me how he was handcuffed to the bottom of his bunk in his underwear day after day for months. Another described how his cell was located directly beneath broken toilet pipes, which meant the cell smelled horribly of urine and excrement. I’ve heard how cells are unbearably hot or cold and how four prisoners are confined to spaces intended for two, with only one set of bunk beds. I’ve heard about showers that produce only scalding or icy water and about how, when cell toilets overflow, staff are in no hurry to fix them or to clean up.

The health risks in prisons are also unacceptable. MRSA, a bacterial infection whose strains are often resistant to antibiotics, now runs through maximum security prisons. I contracted it myself after visiting such a prison in June and was hospitalized for three days. Sexual assaults and sexual activity are well known to occur in prisons, but prisoners rarely have access to protection, such as condoms, that can help prevent sexually transmitted diseases.

And then there is solitary confinement. It is hard to tell exactly how many prisoners are in solitary each year in the United States. Today, 44 states allow it, but many states do not report how many inmates are held in solitary. A 2005 report from the Vera Institute of Justice estimated the number at 81,622.

Reports from those who have been held in solitary make clear how inhumane the punishment is. Even the most optimistic lose hope. I have heard it described more than once as like being trapped in a coffin. Lights are sometimes kept on 24 hours a day. Prisoners often have no books or reading material. Visits from lawyers and family members, as well as phone calls, are severely restricted, leaving prisoners feeling totally isolated from everything and everyone.


PAUL TANAKA’S CAMPAIGN (OR LACK THEREOF) FOR SHERIFF

The LA Times’ Cindy Chang has a story about sheriff-hopeful Paul Tanaka and his campaign that isn’t a campaign, consisting of a handful of social media posts, a video, and a few appearances in Gardena, the city of which he is mayor. Here’s how it opens:

After squeaking into the runoff election for Los Angeles County sheriff, Paul Tanaka posted a message on his website.

He had been trounced by Long Beach Police Chief Jim McDonnell, but his hopes of leading the department where he spent 31 years were still alive.

“We need someone who is ready to lead on Day One,” he wrote June 5. “We have just begun this effort!”

Since then, the retired undersheriff has mostly disappeared from view, throwing the contest to lead one of the nation’s largest law enforcement agencies into a strange limbo.

He has ignored requests to debate McDonnell. He dismissed his campaign team after the primary and apparently has not brought on replacements. His public appearances have largely been limited to City Council meetings in Gardena, where he is mayor, and his testimony at the criminal trials of sheriff’s officials accused of obstructing an FBI investigation of jail abuse.

Posted in DCFS, Department of Justice, Edmund G. Brown, Jr. (Jerry), Foster Care, Jim McDonnell, juvenile justice, LASD, Mental Illness, Paul Tanaka | No Comments »

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

September 15th, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

That is, of course, a tall order.

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

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

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

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

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

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

Indeed they do not.

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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


TOXIC STRESS: THE WAY POVERTY REGENERATES

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

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

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

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

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

[BIG SNIP]

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

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

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

A series of studies have found similar patterns in humans

[SNIP]

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

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

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

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

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

September 8th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

The clock is ticking.

[SNIP]

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


TRANSFORMING A PRIVATE PRISON INTO A NON-PROFIT FACILITY

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

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

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

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

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

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

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

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

Will Brown Sign the Gun Restraining Order Bill?…New Study Shows Most Juvie Offenders Have High Childhood Trauma….LAPD IG Calls for Ford Shooting Witnesses….

September 3rd, 2014 by Celeste Fremon



NOW THAT THE GUN RESTRAINING ORDER BILL HAS LANDED ON JERRY BROWN’S DESK, WILL HE SIGN IT?

On Friday, state lawmakers passed a piece of legislation called the California Gun Restraining Order bill, or AB 1014, which would allow family members to petition a court to remove firearms from a loved one temporarily if the family believes there is a serious risk involved.

The question is: Will Governor Jerry Brown sign the bill?

Brown is not all that fond of any legislation having to do with gun regulation.

The measure was introduced in response to the Isla Vista killing rampage that occurred in May of this year and resulted in six dead students and many more wounded before 22-year-old Elliot killed himself. In the days prior to the tragedy, Roger’s parents became so concerned about their son’s scarily erratic behavior that they called the police, who could do nothing because he didn’t meet the existing criteria for intervention.

Getting the bill passed and, now signed, has been a priority for a diverse group of advocates and officials like the Brady Campaign, the California State Sheriffs Association, Disability Rights California, the City of Los Angeles, Attorney General Kamala Harris, the California Psychiatric Association….and more.

Gun rights advocates opposed the bill as unnecessary and open to abuse.

Now the LA Times editorial board is urging the governor to sign the bill, and the San Francisco Chronicle’s board strongly favors it too.

Here’s a clip from the SF Chron’s essay (written just before the bill cleared the state assembly):

Sacramento’s rush toward an end-of-session deadline doesn’t always produce the best results, but the Legislature is close to producing a gun measure that deserves support and praise. It’s a marked contrast to Washington, still cowed by gun rights extremists.

The bill allows families of mentally troubled individuals to petition courts to take away firearms, a direct response to the Isla Vista that left six dead in May.

Present law allows law enforcement to confiscate guns from people who have court convictions, domestic violence restraining orders or a record of mental instability. But as the Isla Vista killings showed, there’s a gap: a troubled person – in this case 22-year old Elliot Rodger – easily obtained guns that he ended up using in the rampage….

And here’s a clip from the LAT editorial:

AB 1014 empowers a judge to issue a “gun violence restraining order” after being presented with reasonable cause to believe a gun owner could “in the near future” harm himself or others. Under its authority, police would be allowed to search the subject’s residence and remove weapons. Guns owned by another resident of the home could also be confiscated unless they are secured beyond the reach of the restrained person, such as in a locked gun case.

The legislation arose after it was discovered that Rodger, despite a history of mental illness, legally bought all three of the guns he used. Notably, they were only part of his arsenal: Rodger killed his first three victims with knives, and he injured several others by striking them with his car.

That has prompted some critics of this legislation to argue that it would not have prevented the rampage that inspired it. That may be true — or at least partly true — but it misses the larger point that mentally ill people with violent tendencies should not possess firearms….


FLA STUDY LOOKS AT JUVENILE JUSTICE & TRAUMA AND THE RESULTS ARE STARK

A recent study conducted by Florida’s Office of Juvenile Justice and Delinquency Prevention and the University of Florida found a significant correlation between a high degree of childhood trauma and kids who end up in the juvenile justice system. Kids who run afoul of the law have starkly higher amounts of adverse childhood experiences—or ACES—than the general population.

Interestingly, the Florida study found a much stronger link between childhood trauma and juvenile offenders than was originally found in the groundbreaking 1998 epidemiological study done by the Center of Disease Control, which mapped out the relationship between early trauma and poor outcomes later in life like cognitive impairments, high risk behavior, social/emotional problems and so on.

The Florida project, which surveyed 64,329 Florida juvenile offenders, found that only 2.8 percent reported no childhood adversity, compared with 34 percent from the original 1998 CDC study.

Cecilia Bianco at Reclaim our Futures has more on the significance of the Florida study. Here’s a clip:

The 10 adverse childhood experiences measured in the Florida research and the CDC’s ACE Study were the same:

*Emotional, physical, and sexual abuse
*Emotional and physical neglect
*Witnessing a mother being abused
*Household substance abuse
*Household mental illness
*Losing a parent to separation or divorce
*Having an incarcerated household member

Half of the Florida juveniles reported four or more ACEs, compared with 13 percent of those in the CDC’s ACE Study. Young people with four ACEs are twice as likely to be smokers, 12 times more likely to attempt suicide, seven times more likely to be alcoholic, and 10 times more likely to inject street drugs.

The Department of Juvenile Justice incorporates trauma-informed practices into many of its programs due to the higher rates of certain individual types of trauma among juvenile justice-involved youth.

This study provides further evidence to support these practices that create safe environments for young people to avoid re-traumatizing them and to facilitate participation of trauma survivors in the planning of services and programs. Released in the Spring 2014 issue of the Journal of Juvenile Justice, the Florida study has sparked the interest of state government, and academic and child advocacy communities….


LAPD INSPECTOR GENERAL HAVING TROUBLE FINDING WITNESSES IN THE EZELL FORD SHOOTING

On Tuesday, LAPD Inspector General Alexander Bustamante pleaded in a statement asking for anyone who witnessed the Ezell Ford shooting to please contact his office.

Ford was the mentally ill 25-year-old who was shot and killed by LAPD officers in South LA, on August 11, touching off a string of peaceful demonstrations.

Originally, there were said to be several community witnesses to the shooting, but only one has turned up, Bustamante said in a statement.

Frank Stoltze of KPCC has more on the story. Here’s a clip:

Bustamante’s investigation is one of three into the shooting: the LAPD’s Force Investigation Division and LA County District Attorney’s Justice System Integrity Division also are conducting inquiries.

The inspector general said he remains hamstrung by the lack of first-person accounts of what happened in a neighborhood where distrust of police can run deep.

“I need witnesses to come forward,” he said “I remain powerless without witness accounts of the incident to shed additional light on what occurred.”

LAPD Commander Andrew Smith has said gang officers were making an “investigative stop” in the 200 block of West 65th Street around 8pm August 11 when Ford “tackled” one of the officers and tried to grab his gun. The department has refused to provide a more complete explanation of why officers stopped Ford….


Posted in children and adolescents, guns, Inspector General, juvenile justice, LAPD, PTSD, Trauma | No Comments »

Drugging California’s Foster Kids, Suspect Asking for Help Dies in LAPD Custody, “Reasonable Fear,” and a Bill to Seal Juvenile Records

August 25th, 2014 by Taylor Walker

PRESCRIBING PSYCHOTROPIC DRUGS TO CALIFORNIA’S FOSTER KIDS

The San Jose Mercury’s Karen de Sá has an excellent investigative longread exploring the issue of the high rates at which foster kids are prescribed psychotropic drugs (often a cocktail of several different pills), why they are prescribed, and the lasting negative effects the drugs are having on kids.

An investigation by the Mercury found that one-in-four of California’s foster kids are receiving psychotropic drugs—a number more than three times that of all kids across the nation. The study also revealed that kids are receiving questionable prescriptions for drugs that are not approved for children.

The story is the first in a five-part series. Subsequent installments will explore topics like group homes’ excessive use of drugs to manage kids, how young kids are being medicated, and the cost to taxpayers and kids.

Here’s how it opens:

They are wrenched from abusive homes, uprooted again and again, often with their life’s belongings stuffed into a trash bag.

Abandoned and alone, they are among California’s most powerless children. But instead of providing a stable home and caring family, the state’s foster care system gives them a pill.

With alarming frequency, foster and health care providers are turning to a risky but convenient remedy to control the behavior of thousands of troubled kids: numbing them with psychiatric drugs that are untested on and often not approved for children.

An investigation by this newspaper found that nearly 1 out of every 4 adolescents in California’s foster care system is receiving these drugs — 3 times the rate for all adolescents nationwide. Over the last decade, almost 15 percent of the state’s foster children of all ages were prescribed the medications, known as psychotropics, part of a national treatment trend that is only beginning to receive broad scrutiny.

“We’re experimenting on our children,” said Los Angeles County Judge Michael Nash, who presides over the nation’s largest juvenile court.

A year of interviews with foster youth, caregivers, doctors, researchers and legal advocates uncovered how the largest foster care system in the U.S. has grown dependent on quick-fix, taxpayer-funded, big-profit pharmaceuticals — and how the state has done little to stop it.

“To be prescribing these medications so extensively and so, I think, thoughtlessly, with so little evidence supporting their use, it’s just malpractice,” said George Stewart, a Berkeley child psychiatrist who has treated the neediest foster children in the Bay Area for the past four decades. “It really is drugging them.”

The state official who oversees foster care, Department of Social Services Director Will Lightbourne, concedes drugs are overused, but insists his department is wrapping its arms around the problem: “There’s a lot of work to be done here to make sure we do things right.”

No one doubts that foster children generally have greater mental health needs because of the trauma they have suffered, and the temptation for caregivers to fulfill those needs with drugs can be strong. In the short term, psychotropics can calm volatile moods and make aggressive children more docile.

But there is substantial evidence of many of the drugs’ dramatic side effects: rapid-onset obesity, diabetes and a lethargy so profound that foster kids describe dozing through school and much of their young lives. Long-term effects, particularly on children, have received little study, but for some psychotropics there is evidence of persistent tics, increased risk of suicide, even brain shrinkage.

Sade Daniels, of Hayward, became so overweight in her teens, that at age 26 her bathroom mirror still taunts and embarrasses her. Mark Estrada, a 21-year-old from Anaheim, said he felt too “zoned out” to focus on high school and so groggy he was cut from his varsity basketball team.

And Rochelle Trochtenberg, now 31 and living in Eureka, still struggles to bring a glass to her lips because her hands are so shaky from the years she spent on a shifting mix of lithium, Depakote, Zyprexa, Haldol and Prozac, among others. When people ask, she tries to cover it up with remarks about a possible hereditary condition.

The truth is too painful to explain, she said. “I don’t want to tell people I have a tremor because I was drugged for my whole adolescence.”

The interactive longread is full of great videos and photos by Dai Sugano, so be sure to click over to the Mercury for the rest of the story.


MAN DIES OF ASTHMA IN LAPD CUSTODY AFTER REPEATEDLY ASKING OFFICERS FOR HELP

Last September, Jorge Azucena died in police custody after reportedly requesting help numerous times from LAPD officers because he was having trouble breathing.

Azucena led police on a car chase for a few miles before getting out of his vehicle and fleeing on foot. Azucena gave himself up to officers at an apartment complex nearby. Audio recordings from the officers’ microphones indicated that Azucena then complied with officers’ commands to lie down on the ground. The microphones also recorded Azucena telling the officers that he could not breathe.

A new report by the Inspector General says that microphones picked up Azucena telling officers he was having a hard time breathing at least five times. The IG’s report shows that officers dismissed Azucena’s pleas for help, telling him that if he was able to talk, he was able to breathe.

Azucena continued to beg officers for help after arriving at the station. He was left in a holding cell until an officer noticed that he appeared to have stopped breathing. Forty minutes after he was brought into the station, paramedics arrived, tried to revive him, and transported him to a hospital where he was declared dead a few hours later.

While blood tests showed meth in Azucena’s system, his autopsy suggested that he died of his asthma attack.

The LA Times’ Joel Rubin has the story. Here’s a clip:

…as he was lying handcuffed on the ground, Azucena said again that he was struggling to breathe and told the officers he had asthma. Officers had to help him to his feet and hold him by the arms as he walked to a patrol car. One officer recalled to investigators that Azucena was “walking wobbly” and seemed “fatigued,” Beck’s report said.

Over the next 10 minutes, as various officers and sergeants watched over him, Azucena is heard on the recordings complaining about his trouble breathing at least five times, the reports showed. In one exchange, he told officers he was on drugs and believed he was having a seizure. At another point, he began yelling to onlookers.

“Help me, help me, help me,” he shouted, according to the inspector general’s report. “I can’t breathe. I can’t breathe. Help me, please.”

In response, a sergeant ordered officers to place him in the back seat of a patrol car, believing he was trying to incite the crowd watching, the report said.

The patrol car’s camera recorded Azucena as he tried to lie down in the back seat. When an officer ordered him to sit up, Azucena kicked the car door and said, “I can’t breathe. Help me, help me. I can’t breathe,” according to the reports.

Several officers and sergeants told investigators afterward they did not see any indications that Azucena was in serious distress. One recalled that Azucena seemed to be trying to catch his breath as he sat in the patrol car waiting to be brought to the station but nonetheless appeared to be fine.

The inspector general’s report highlights several exchanges in which police dismiss Azucena’s complaints and tell him that he is fine because he is talking. Several officers told investigators they noticed that Azucena was sweating but believed the humid weather and his attempt to flee were responsible, the report said.

Steve Soboroff, president of the civilian commission that oversees the LAPD, declined to discuss the specifics of the case but said it was “troubling” that so many officers ignored Azucena. The case, he said, underscored the need to better train officers on department policies that require them to call for an ambulance whenever a suspect complains of breathing problems.

“I don’t think this points to a culture of officers who don’t care about people,” Soboroff said. “But it’s important that we make sure officers know they can follow their own moral compass and can feel comfortable speaking up in any situation if they have questions about what is going on.”

Read the rest.


“REASONABLE FEAR” MOST CRUCIAL FACTOR IN DETERMINING FATE OF OFFICER WHO SHOT MICHAEL BROWN

The NY Times’ Michael Wines and Frances Robles talk with a number of criminal justice experts about what factors will go into a grand jury’s determination of whether Darren Wilson should be charged in the shooting of Michael Brown in Ferguson, MO, earlier this month. Experts point out that while there are pages and pages of rules on officer use of force, in split-second, life-or-death decisions, “reasonable fear” of a suspect causing grave injury or death to an officer or civilian is enough cause for deadly use of force. The question of whether Wilson had an “objectively reasonable” fear will be crucial in deciding whether the shooting was within the law.

Here’s how it opens:

Each time police officers draw their weapons, they step out of everyday law enforcement and into a rigidly defined world where written rules, hours of training and Supreme Court decisions dictate not merely when a gun can be fired, but where it is aimed, how many rounds should be squeezed off and when the shooting should stop.

The Ferguson, Mo., police officer who fatally shot an unarmed African-American teenager two weeks ago, setting off protest and riots, was bound by 12 pages of police department regulations, known as General Order 410.00, that govern officers’ use of force. Whether he followed them will play a central role in deliberations by a St. Louis County grand jury over whether the officer, Darren Wilson, should be charged with a crime in the shooting.

But as sweeping as restrictions on the use of weapons may be, deciding whether an officer acted correctly in firing at a suspect is not cut and dried. A host of outside factors, from the officer’s perception of a threat to the suspect’s behavior and even his size, can emerge as mitigating or damning.

The police, the courts and experts say some leeway is necessary in situations where officers under crushing stress must make split-second decisions with life-or-death consequences. A large majority of officers never use their weapons. A handful of officers may be rogue killers, researchers say, but laboratory simulations of armed confrontations show that many more officers — much like ordinary civilians — can make honest mistakes in the pressure cooker of an armed encounter.

“It’s a difficult job for coppers out there,” Timothy Maher, a former officer and a professor of criminology at the University of Missouri-St. Louis, said in an interview. “In the heat of the moment, things are happening so quickly. If they were role-playing, they could say, ‘Time out.’ But in real life, it’s, ‘Wow — in my training, this guy stopped, but here, he didn’t.’ ”

Some citizens who read witnesses’ accounts of police shootings or view cellphone videos of them see the shootings as brutal and unjustified, which underscores a frequent gap between public perceptions and official views.

The rules dictate when an officer may move from mild coercion, such as issuing an order or grabbing a suspect’s arm, to stronger or even deadly action. In general, officers are allowed to respond with greater force after a suspect does so, and the type of response — from a gentle push to a tight grip, a baton strike to a stun gun shock to a bullet — rises as the threat grows.

Every step, however, is overshadowed by a single imperative: If an officer believes he or someone else is in imminent danger of grievous injury or death, he is allowed to shoot first, and ask questions later. The same is true, the courts have ruled, in cases where a suspect believed to have killed or gravely injured someone is fleeing and can only be halted with deadly force.

Read on.


GOV. BROWN SIGNS BILL TO AUTOMATICALLY SEAL JUVENILE RECORDS AND GIVE KIDS A CHANCE TO START OVER FRESH

Late last week, Governor Jerry Brown signed a bill, SB 1038, that will automatically seal kids’ non-violent juvenile records from the public upon completion of probation. Current law allows kids to seal their records, but only through petitioning the court, which can be costly and time-consuming.

You can read more about the bill, authored by Sen. Mark Leno (D-San Francisco), on Sen. Leno’s website. Here’s a clip:

“This important legislation helps ensure that young people who have been in trouble and have paid their debt to society are given the chance to turn their lives around before it’s too late,” said Senator Leno, D-San Francisco. “Without a fresh start, a young offender could be prevented from pursuing higher education or entering the workforce, two of the best ways to keep youth from entering a life of crime as adults. I thank Governor Brown for his leadership in signing this measure.”

SB 1038 provides for the automatic sealing of juvenile records in cases where the youthful offender successfully completes all court-imposed sanctions. Existing law already allows for the sealing of non-violent juvenile records, but requires a young person to petition the court. Many young people never file a petition because it can be a lengthy process and have significant costs. Others are unaware of their right to petition, move away, or assume their record is automatically sealed when they turn 18.

The bill does not apply to serious, violent crimes, which remain un-sealable under all circumstances.

“Today California has taken a significant step to help non-violent juvenile offenders move past mistakes they made in their young lives,” said Maureen Pacheco, legislative committee member with the California Public Defenders Association (CPDA). “We are redoubling our focus on rehabilitating and reintegrating young offenders back into society, an objective that is nearly impossible to attain when that person is forever stigmatized by a past crime.”

Posted in Foster Care, juvenile justice, LAPD, mental health | 5 Comments »

Los Angeles School Police Announce Important Reforms to Decriminalize School Discipline….& More

August 20th, 2014 by Celeste Fremon



TELLING THE DIFFERENCE BETWEEN STUDENT MISBEHAVIOR AND CRIMINAL BEHAVIOR

In a drastic change in approach when compared to the policies and protocols that ruled the day in the Los Angeles Unified School District as recently as three years ago, the head of the district’s school police, Chief Steven Zipperman, announced on Tuesday that his force will no longer criminalize the less serious forms of school rule breaking—a move that is expected to significantly reduce student contact with the criminal justice system.

Instead, multiple categories of student actions that previously would have led to citations or arrests, will be now be handled by referring the student to rehabilitative forms of intervention by school officials.

These newly re-classified behaviors include such infractions as tobacco possession, alcohol possession, possession of small amounts of marijuana, minor damage to school property (under $400), trespassing on school property, and most fights between students, which usually account for 20 percent of school arrests.

The policy of treating non-serious student misbehavior as criminal behavior was part of the zero-tolerance mania that came into fashion 25 years ago when fear about youth gang violence was hitting its apex, then continued to ramp up further in the panic after school shootings like Columbine in 1999.

The new policy, said Zipperman, “contains clear guidelines” that will help LASP officers “in distinguishing school discipline responses to student conduct from criminal responses.”


HARD WON CHANGES

Tuesday’s reforms are the latest in a series of hard-won changes that began to gain traction after national reports showed that the broad-brush of zero-tolerance did not, in fact, make schools safer, and that contact with police was a strong predictor of school performance and whether a kid would graduate from high school or drop out. (A single arrest doubles a student’s chances of dropping out of school.)

Significant progress was made in Los Angeles in 2012, when police agreed to dial back much of the disastrously punitive policy of truancy ticketing, in which thousands of students per year were issued $250 tickets, often resulting court fees on top of them, for being late or absent from school. Instead, students with chronic absences began being referred to school counselors, rather than courts.


CONCERN OVER RACIAL INEQUITIES

The urgency for reform was further recognized after data surfaced showing that school arrests and school suspensions in California consistently cut disproportionately against students of color and those with disabilities. In 2013, in Los Angeles, for example, LA School Police made nearly 1,100 arrests, 94.5 percent of those arrests involved students of color.

That same year, black students represented just 10 percent of the student population, but accounted for 31 percent of the LASP arrests.

Manuel Criollo, Director of Organizing for the Strategy Center’s Community Rights Campaign, called Tuesday’s announcement a “civil rights breakthrough” that would help “curb the school to prison pipeline in Los Angeles.”

Supervising Juvenile Court Judge Donna Groman put it another way.. “Juvenile court should be the last resort for youth who commit minor school-based offenses,” she said in a statement. “The education system is better equipped to address behaviors displayed at the school level through restorative justice and other alternative means.”

Groman, along with presiding judge of the LA Juvenile Courts Michael Nash, was among the prominent players who actively supported California-based pro-bono law firm, Public Counsel, and the Community Rights Campaign, in their two years of negotiation for Tuesday’s changes.

“There are enough studies that show bringing them into the justice system is really more of a slippery slope that leads to negative outcomes and poor futures,” Judge Nash told the New York Times this week. “The people who are in these schools need to deal with these issues, not use the courts as an outlet. We have to change our attitude and realize that the punitive approach clearly hasn’t worked.”


A NATIONAL MODEL?

The LA School Police joined Oakland, San Francisco and Pasadena in enacting these much-needed reforms.

However, with more than 640,000 students and nearly 1,100 schools, the LAUSD is the second largest school district in the nation. (New York’s system is the largest.) And its school police force is America’s largest, As a consequence advocates hope that Tuesday’s reforms will lead the way for similar reforms statewide and elsewhere in the U.S.

“If fully implemented,”said Laura Faer, Statewide Education Rights Director for Public Counsel, “this policy will move Los Angeles in the right direction to becoming a nationwide leader in putting intervention and support for struggling students before arrests and juvenile court time.”

May it be so.



AND IN OTHER NEWS:

NEW U.C. IRVINE STUDY SAYS HAVING A FATHER OR MOTHER LOCKED UP CAN BE MORE DETRIMENTAL TO A CHILD’S HEALTH THAN DIVORCE OR THE DEATH OF A PARENT

In a startling new study just released by UC Irvine, Assistant Professor of Sociology Kristin Turney finds that children’s emotional and health disadvantages are an overlooked and unintended consequence of mass incarceration. “In addition,” says Turney, “given its unequal distribution across the population, incarceration may have implications for racial and social class inequalities in children’s health.”

The study will appear in the September edition of the Journal of Health & Social Behavior, a publication of the American Sociological Association.

Here’s a clip from the ASA’s pre-publication write-up:

With more than 2 million people behind bars, the U.S. has the highest incarceration rate in the world. This mass incarceration has serious implications for not only the inmates, but their children, finds a new University of California-Irvine study. The study found significant health problems, including behavioral issues, in children of incarcerated parents and also that, for some types of health outcomes, parental incarceration can be more detrimental to a child’s well-being than divorce or the death of a parent.

“We know that poor people and racial minorities are incarcerated at higher rates than the rest of the population, and incarceration adversely affects the health and development of children who are already experiencing significant challenges,” said study author Kristin Turney…

[SNIP]

The likelihood of having an incarcerated parent is especially high in certain groups. “Among black children with fathers without a high school diploma, about 50 percent will experience parental incarceration by age 14, compared with 7 percent of white children with similarly educated fathers,” Turney said.

Compared to divorce, parental incarceration is more strongly associated with both ADD/ADHD and behavioral problems in children; compared to the death of a parent, parental incarceration is more strongly associated with ADD/ADHD….


IN THE JOURNALISTIC COMMUNITY WE ARE REELING FROM THE MURDER OF JAMES FOLEY

A veteran war reporter, American freelance journalist, James Foley repeatedly went deep into conflict zones to bring back stories of the suffering and hardship of people most affected by the conflicts. He went to bear witness. Then he disappeared into Syria nearly two years ago on Thanksgiving Day 2012.

On Tuesday, the Islamic extremist group ISIS released a video appearing to show Foley’s execution.

According to the Committee to Protect Journalists (CPJ) at least 69 other journalists have been killed in Syria since the fighting there began.

Posted in American voices, campus violence, children and adolescents, Civil Rights, Education, juvenile justice, LAUSD, School to Prison Pipeline, Zero Tolerance and School Discipline | 12 Comments »

Lessons the LAPD Can Teach……What About Body Cameras?…..John Oliver on Police Militarization….”Toxic Stress” and CA Kids…..& More

August 19th, 2014 by Celeste Fremon


WHAT FERGUSON CAN LEARN FROM THE LAPD

Yes, the Los Angeles Police Department is far from perfect. There was, for instance, the recent revelation that they appear to be deliberately cooking some of their crime stats to shower better numbers than they actually have. Yet, they’ve also undeniably made a huge amount of significant progress in the last decade.

With that in mind, the LA Times editorial board listed a few lessons that the staggeringly problematic Ferguson police department might want to learn from the LAPD

Here’s a representative clip:

….More than two decades ago, civic leaders here grasped the importance of diversity on the police force. Today, the LAPD mirrors the city quite closely — Latinos are the department’s largest ethnic group, and blacks make up just over 10% of the force, roughly equivalent to their representation in the city. Ferguson’s force is almost entirely white — only three of 53 commissioned officers are black — even though the population of the city is two-thirds black. It is difficult for residents to trust a force that feels foreign.

The riots forced deep reflection in Los Angeles over how police should best handle unruly crowds. The department today attempts neither to yield to violence nor to provoke it. It’s not always successful — by its own admission, its handling of a May Day rally in 2007 was cause for “great concern.” Still, the LAPD’s reputation for restraint in crowd control is generally deserved. By contrast, authorities in Ferguson responded to initial protests with heavy arms and tactics; the situation escalated rapidly….

For the rest, read on.


WHAT ABOUT THOSE BODY CAMERAS FOR POLICE?

The shooting of Michael Brown has brought up the topic of body cameras for police again and, in his story on the issue, the Wall Street Journal’s Christopher Mims notes that the Ferguson police department, like many law enforcement agencies, has a supply of the cameras but has not actually deployed them to officers.

The LAPD has been testing body cameras out but has not gone into any wholesale ordering of the things.

Rialto, California, however, is one of the cities that has required all its officers to use cameras (which are no bigger than pagers).

“In the first year after the cameras’ introduction,” Mims writes, “the use of force by officers declined 60%, and citizen complaints against police fell 88%.”

Mims had more to say about the benefits and potential challenges of camera use when he was on Madeleine Brand’s Press Play on Monday.


JOHN OLIVER’S SCATHING TAKE ON POLICE REACTION IN FERGUSON & LAW ENFORCEMENT SHOCK & AWE

John Oliver covered the behavior of the police in Ferguson and the increasing militarization of American law enforcement in his Sunday show “Last Week Tonight.” He makes one false step in calling the convenience store video of Michael Brown irrelevant, but most of the rest of Oliver’s commentary is well-researched, sharply on target, and scathing.


CALIFORNIA SENATE PASSES RESOLUTION ASKING GOV TO LOOK AT INTERVENTION POLICIES TO ALLEVIATE “TOXIC STRESS” AND TRAUMA IN CHILDREN

With a bipartisan vote of 34-0, on Monday, the California Senate passed a resolution aimed at getting the governor to begin to focus on the issue of the effect of childhood traumas known as “adverse childhood experiences”—-or ACES— on a kid’s future.

Big sources of trauma are things like physical, emotional or sexual abuse, neglect, untreated mental illness or incarceration of a household member, domestic violence, community violence….and so on.

The resolution notes that studies now have tracked the effects of too many “ACES,” and the results are alarming. For instance, a child with 4 or more ACES is 46 times more likely to have learning or emotional problems, and far more likely to have contact with the criminal justice system…and more.

It also notes that prolonged “toxic stress” can “impact the development of a child’s fundamental brain architecture.”

Yet research has shown too that intervention in a child’s life can mitigate and heal the potential for damage caused by these toxic traumas.

The resolution—-introduced by Senator Holly Mitchell (D-Los Angeles), and co-sponsored by the Center for Youth Wellness, Children Now and Californians for Safety and Justice— is largely symbolic.

But it is also viewed as a big step in acknowledging the importance of early childhood trauma in the lives and future of the state’s children, and the need for policy that provides trauma-informed intervention for the kids most affected.

A concurrent resolution unanimously passed the California Assembly on August 11.


CA PRISONS BEGIN TO REFORM POLICIES TOWARD THE MENTALLY ILL DESCRIBED AS “HORRIFIC”

As the California Department of Corrections and Rehabilitation begins to comply with the federal court ordered revisions of its long-criticized use-of-force policy with the mentally ill, the California Report’s Julie Small looks at mental illness and California prisons with a series of reports. Here’s a clip from her Monday story, with more to come.

The number of inmates with mild to severe mental illness has grown to 37,000 in California, about a quarter of the prison population.

A series of lawsuits brought by inmates against the state over the last two decades has exposed a correctional system poorly equipped to handle their extraordinary needs.

Now California is trying to comply with a federal court order to change when and how correctional officers use pepper spray to force uncooperative inmates to leave their cells or follow orders.

Pepper spray may have contributed to three inmate deaths and an unknown number of injuries — unknown because the California Department of Corrections and Rehabilitations doesn’t consider the effects of pepper spray an injury.

The issue was brought to light last year through graphic videos shown in court in a lawsuit that was begun in 1990, a lawsuit brought by inmates to improve psychiatric care.

[SNIP]

One video showed custody staff at Corcoran State Prison struggling to remove an inmate who was hallucinating and refusing to leave his cell in order to receive medication.

The inmate had taken off his clothes and smeared feces on himself. When he refused to submit to handcuffs, guards in gas masks sprayed a potent pepper spray into the cell, causing the inmate to gasp for air.

The video showed that as the inmate screamed for help, an officer ordered him to “turn around and cuff up.”

The inmate screamed back, “Open the door!”

When the inmate still wouldn’t “cuff up” the officers sprayed him again, repeatedly.

Later, the video showed guards rushing in and wrestling the inmate to the floor and into restraints.


IF INMATES DESIGNED A PRISON, WHAT WOULD IT LOOK LIKE?

In an innovative restorative justice program run out of one of San Francisco’s jails, men who are awaiting trial on violent crimes rethink their own lives and actions by rethinking what a prison could look like.

Lee Romney of the LA Times has this story, and it’s a good read. Here are a couple of clips to get you started:

All the students wore orange. And on this final day, their paper models were taking shape.

Architect Deanna VanBuren adjusted a piece of tracing paper over Anthony Pratt’s design, showing him how to mark the perimeter to show walls and windows, then urging him to use dots to indicate open spaces.

A towering, broad-chested man with full tattoos adorning both arms, Pratt, 29, was among those sketching out new visions: an airy room with a skylight to cure vitamin D deficiencies and a fountain with a cascading waterfall to represent resilience and adaptability. Privacy barriers for the shower and toilet. A healing center with lots of windows and, in the middle, a talking circle with a sun emblazoned in its center.

The spaces they were planning could be at a New Age retreat, but these were conceived by inmates at San Francisco’s County Jail No. 5.

Most inmates on this 48-man jail pod are awaiting trial on violent crimes. All must agree to participate in a program called “Resolve to Stop the Violence,” which involves concepts of restorative justice, an alternative to traditional criminal justice that focuses on healing victims and offenders alike. This day’s class allowed them to explore their feelings about the system that landed them here and how its physical contours might be altered…..

[BIG SNIP]

Restorative justice concepts were first promoted in the 1970s by global practitioner and theorist Howard Zehr, now a professor at Eastern Mennonite University’s Center for Justice and Peacebuilding. The goal was to make the needs of victims central, and by doing so effect broader healing for all, communities included.

Critics of restorative justice contend the process is too subjective and could lead to proposed remedies that are wildly disparate. As a result, some victim organizations and hard-line prosecutors reject it.

But the practice has nonetheless spread globally and throughout the U.S. as a body of evidence grows showing it helps reduce school expulsions, keep youths out of the criminal justice system and prevent youths and adults who have already been sentenced from re-offending.

The conversation has now turned to space.


NOTE: The video at the top was recorded by reporter Mustafa Hussein of Argus media,who was live streaming from Sunday’s protest when a Ferguson police officer allegedly pointed a weapon at him and threatened to shoot him if he didn’t turn off his camera light. Hussein is a graduate student at the University of Missouri – St. Louis.

Posted in Civil Liberties, Civil Rights, juvenile justice, LAPD, law enforcement, media, prison, prison policy, PTSD, Restorative Justice, Trauma | 5 Comments »

Robin Williams, R.I.P….. The LAPD Commission Votes on Beck Tuesday: What Will Happen?…..Why Juvenile Justice & Education Must Partner Up….& More

August 12th, 2014 by Celeste Fremon


ROBIN WILLIAMS, RIP, THE LOSS OF A STAGGERING TALENT

There are certainly other comedians who are—were—as funny as Robin Williams. But, as his friends, colleagues and admirers struggled to express their shock and sorrow at comic/actor Williams’ death on Monday—possibly by suicide—each seemed also to need to explain why, really, really there was nobody like him.

This was particularly true when it came to the high-wire act of Williams’ stand-up improvisation.

An improvisational genius, wrote both the LA Times Kenneth Turan and the NY Times’ A.O. Scott. “Genius” is an overused word, but in Williams’ case, that about nails it. At his riffing best, his speed at associating was so dazzling, his impersonations so intuitive and fearless, his intelligence so incandescent, in watching him, one felt one was observing the most astonishing of magic tricks.

Chris Columbus, who directed Williams in Mrs. Doubtfire, and was close friends with the comedian actor for 21 years, explained it another way.

“To watch Robin work was a magical and special privilege. His performances were unlike anything any of us had ever seen, they came from some spiritual and otherworldly place….”

Yep. And his performances elicited not just humor but joy. It may sound sappy, but there you have it. Plus there is his marvelous body of work as an actor, his tireless performances for American troops, his years of leadership in fundraising for the homeless with Comic Relief, and his many private acts of sweet-natured kindness, (many of which are now appearing in essays and remembrances, like this story at CNN and this one at Next Avenue).

All these reasons and more are why the loss of Williams on Monday feels so intolerable.

Among the other remembrances worth reading is one by LA Times’ Turan who tells of his few but inevitably indelible encounters with Williams over the years. But there are lots of good ones.


ON AIRTALK, KPCC’S LARRY MANTLE TALKS TO REPORTERS ABOUT TUESDAY’S LAPD COMMISION MEETING & THE VOTE ABOUT WHETHER TO OFFER BECK ANOTHER 5 YEAR TERM

AirTalk’s Larry Mantle’s interviews KPCC’s Erika Aguilar, Frank Stoltze about what they’ve learned about Tuesday’s vote on Beck, and to the LATimes’ Ben Poston, who was part of the team who reported on the LAPD’s misclassifying aggravated assaults as lower level crimes, then to Raphe Sonenshein, the Executive Director of the Pat Brown Institute for Public Affairs at CSU Los Angeles, who is a Beck fan.

Listen in.

To get you started, here’s a clip from the intro:

The Police Commission is meeting tomorrow [Tuesday] to decide whether to reappoint LAPD Chief Charlie Beck for a second five-year term.

Crime in the city has decreased for 11 years in a row and Beck has played an important role in keeping Los Angeles safe in the face of budget and departmental cuts. But Beck has also come under fire for favoritism and inconsistency in dishing out discipline. Of late, he has been embroiled in a scandal of sorts involving a horse the department bought that was subsequently revealed to have been owned by Beck’s daughter. And over the weekend, the LA Times published an analysis finding that the LAPD has misclassified some 1,200 serious violent crimes as minor offenses.

How does the reappointment process work? What criteria does the five-person Police Commission use for making their decision? What’s your opinion of Chief Beck’s performance thus far?


YOUTH JUSTICE EXPERT TELLS WHY THE WORLDS OF JUVENILE JUSTICE & EDUCATION MUST TRULY PARTNER UP TO END THE “SCHOOL TO PRISON PIPELINE,” NOT JUST TALK ABOUT IT

Fifteen years ago, national youth justice expert and educator, Dr. John Mick Moore, was working as a special education director in King County, Washington, when he began to notice that more and more of his school’s special ed students were winding up in the juvie justice system, plus they were “a larger percentage of dropouts.” Then five years later, in Kings County the two systems began talking to each other. New programs were instituted. Grants were procured. And the fate of formerly lost kids began to improve.

Now, Moore, writes about the fact that, despite much good rhetoric, he doesn’t see this kind of practical partnership in most areas of the country, and why that must change.

Here’s a clip:

In spite of all this good work for the past 10 years, I’m still not seeing education as an equal partner when I visit jurisdictions across the nation. I hear phrases like “dual jurisdiction youth” or “crossover youth” focusing on social welfare and juvenile justice. This work has added tremendous value but education seems to be an afterthought. I have never seen a youth who had significant issues with those two systems who didn’t have significant issues with education. It is obvious that juvenile justice and education will never successfully reform current practices and local outcomes without becoming full partners.

So, why now? What’s the big hurry? The big hurry is that everyday we are losing ground on our nation’s economy and the democratic way of life. Ten years have passed since the “Silent Epidemic” was brought to our attention. Each year a youth is incarcerated, hundreds of thousands of dollars are consumed while lost income reduces the nation’s tax base. Each youth who cannot read, write and make educated decisions jeopardizes the core of our democratic process — an educated population of voters. I regularly express to my colleagues that juvenile justice and education must end the failed practice of isolation and begin to function as true partners on behalf of our youth.


HOW PAROLED LIFERS ARE HELPING TO SLOW DOWN THE SCHOOL TO PRISON PIPELINE

And while we’re on the topic of that “pipeline,” we don’t want you to miss this hour-long special on lifers by NPR’s Latino USA, with Maria Hinojosa and Michael Simon Johnson, which features a story about a group of lifers trying to slow down the school-to-prison pipeline with what they call the FACT program, Fathers And Children Together, bringing locked-up fathers back into their children’s life so that having an incarcerated parent no longer guarantees the cycle will continue.

It’s a fascinating special and a promising program.

Posted in American artists, American voices, art and culture, Charlie Beck, Education, juvenile justice, LAPD, Life in general, prison, prison policy, School to Prison Pipeline | 1 Comment »

Tanaka Reappears with Tweet, LAPD Chief Beck Horse Purchase Controversy, Juvenile Justice Recommendations for Law Enforcement…and More

August 7th, 2014 by Taylor Walker

PAUL TANAKA RESURFACES WITH A TWEET, SAYS CAMPAIGN IS TAKING THE SUMMER OFF

On Monday we pointed to a story by KPCC’s Frank Stoltze asking where former undersheriff and current sheriff-hopeful Paul Tanaka (and his campaign staff) had disappeared to.

At the time of Stoltze’s story, Tanaka’s had last posted on Twitter June 3 (primary election day). The following day, after garnering only 15% of the vote, he posted on Facebook thanking those who voted for him, and saying that efforts must be redoubled moving forward. A month and a half later, the only new notes on either social media platforms were from supporters on Facebook wondering what had happened to the campaign.

On Tuesday, likely in response to Stoltze’s story, Tanaka posted an update both on Twitter and Facebook confirming that he is still in the race, but no longer campaigning. The Facebook update reads, “We are still in the race but giving our supporters an opportunity to spend the summer with their families. Thank you for understanding.”

ABC7′s Miriam Hernandez has more on the story. Here are some clips:

“It looks like this campaign went into hibernation,” said Jessica Levinson, a Loyola Law School professor and political analyst.

Where’s Tanaka? He vacated his Gardena headquarters, ignored an Eyewitness News request for an interview, and since early June, has been a no-show on social media — until a single tweet went out on Tuesday:

“We are still in the race but giving our supporters an opportunity to spend the summer with our families.”

“I think that anyone who really is running a full-force campaign would not wait until Labor Day to gear up,” said Levinson.

[SNIP]

Tanaka is sometimes visible at Gardena City Hall. He was elected to a third term last spring as mayor. The staff tells Eyewitness News he does not keep office hours, but has not missed a council meeting.

As for the sheriff’s run, one former Tanaka campaign manager says he and others have left.

“Paul is working on putting together a new team for the General Election run. Given the results of the primary, I think a shake up is needed,” said former Tanaka campaign manager Ed Chen

Also needed: funding. Tanaka’s filings with the Los Angeles County Registrar’s Office fill 10 pages, compared to 145 for McDonnell.

What we also learn from the registrar is that there’s no procedure for bowing out of the race. Tanaka’s name will be on the ballot, no matter what.


CONTROVERSY OVER LAPD CHIEF CHARLIE BECK’S INVOLVEMENT IN POLICE HORSE SALE

As the LA police commission’s Tuesday vote on whether to reappoint LAPD Chief Charlie Beck draws nearer, questions have been raised about his involvement in the department’s purchase of a horse from his daughter, Brandi Scimone (Pearson), an officer in the mounted unit.

When the issue originally surfaced, Chief Beck told the public that he was not involved in any way with the $6,000 horse transaction.

But documentation of the purchase bearing Beck’s signature was obtained by the LA Times. LASD spokesman Commander Andrew Smith told KPCC’s Frank Stoltze that the chief only signed off at the very end, after the horse had passed the customary, rigorous evaluation process.

Members of the police commission expressed concern with the discrepancy, but still appeared to be supportive of Beck (as did Mayor Eric Garcetti).

Here’s a clip from Stoltze’s story on the issue:

“That paperwork steered completely around me,” Beck told reporters gathered around him at police headquarters. “I kept it in Chief Moore’s shop,” said Beck, referring to Assistant Chief Michael Moore.

Now, the Los Angeles Times has published an LAPD memo that includes Becks’ signature, approving acceptance of the horse as a donation from the Police Foundation. The Foundation used $6,000 in private money to purchase the horse from the chief’s daughter, Brandi Pearson, for use in the department’s mounted unit. Pearson is an LAPD officer who is assigned to the mounted unit.

“The document would appear to be inconsistent with what he said,” Police Commission member Robert Saltzman said. “I was surprised and troubled by the document.”

“I think when there is an appearance of conflict of interest, we should bend over backwards to make sure the transaction is handled by others,” Saltzman added.

Then, on Wednesday evening, Chief Beck issued a statement saying he was mistaken in his first statements regarding the issue:

“Yesterday, I stated that the paperwork for the donation of a horse originally owned by my daughter, LAPD Officer Brandi Scimone, and purchased with private funds ‘steered completely around me.’ Since that time, I reviewed the file and realized that I had signed the LA Police Foundation’s Grant Request after the donation had been evaluated and approved by the Office of Special Operations and had also signed the Intradepartmental Correspondence to the Board of Police Commissioners to approve of the donation. Therefore, I now realize that my comments were mistaken.”

“After evaluating the circumstances of this donation, in retrospect, I should have ensured that the Department had formally transmitted to the Commission the additional documentation on file which identified the original owner of the horse. I will continue to work with the Commission to increase the Department’s transparency.”

Police commission president Steve Soboroff also issued a statement saying that after reviewing all information, he was satisfied that the chief had no involvement with the decision to purchase the horse.

Here’s a clip from CBS:

L.A. Police Commission President Steve Soboroff said he was “satisfied the commission will have sufficient disclosure going forward” based on Beck’s statement.

“After reviewing the information provided to date by the Department, the Inspector General, and Chief Beck, I am comfortable that the Chief was not involved in the selection, evaluation or purchase of the horse (by the LAPD Foundation) that was previously owned by Chief Beck’s daughter, LAPD Officer Brandi Scimone, and that he did not influence any decision to accept the donation by the Department,” Soboroff added.

The comments follow just hours after Beck came under fire when the memo addressed to him from Capt. Patrick Smith, dated March 14, 2014, emerged in a report by The Los Angeles Times.

The document explains the animal’s qualifications for service on the LAPD, and that the cost of the horse would be covered by a private donor, but identifies the seller only as “a department employee assigned to the Mounted Platoon,” rather than by name.

EDITOR’S NOTE:

We at WitnessLA have long thought highly of Los Angles Police Department chief Charlie Beck. Even before he was selected to head our city’s police department, we found him to be a straight shooter who loved policing but was realistic about the department’s imperfections, and about the necessity of healing its relationships with the communities it served. After he became chief, we observed his hand to be a steady one at the wheel. We also noted that Beck was a man unafraid to learn and change on the job (as evidenced by his recent efforts to be more transparent). As a consequence, the LAPD has improved considerably under his leadership.

That is why we are dismayed at the string of accusations of conflicts of interest and favoritism that have plagued Beck in the last few months. For instance, this past spring there was the chief’s controversial reversal of the decision to fire Shaun Hillmann, whose uncle happens to be a well-known former LAPD deputy chief. And, more recently, there are the allegations that a sergeant who reportedly had less-than-appropriate relations with two female officers, the chief’s daughter one of them, received a lighter form of discipline than was originally planned or was called for.

Finally, there is the matter of the purchase of Beck’s daughter’s horse for the department—a story we originally thought to be a silly non-controversy. Then suddenly there was the perception, at least, that Beck was less than one hundred percent honest about his involvement in all this horse buying business, a mistake that Beck has mostly rectified, as of Wednesday night.

We have no doubt that Chief Beck should be awarded a second five-year term next Tuesday when the police commission is scheduled to vote. Letting the chief finish the work he has begun at the LAPD is assuredly the best choice for our city. But a new contract should not be confused with a blanket approval of all of Beck’s actions.

Even the appearance of favoritism, especially when it comes to discipline, is toxic for a law enforcement organization.

This means that, whatever the truth of the various controversies, Chief Charlie Beck must work quickly and aggressively to correct the appearance that the rules are different for some favored people in the department that he leads.


ACTIONS FOR LAW ENFORCEMENT LEADERS TO TAKE TO REFORM THE JUVENILE JUSTICE SYSTEM

An important new report from the International Association of Chiefs of Police offers 33 recommendations for law enforcement leaders to reform the juvenile justice system at the local, state, and federal levels. The report was produced with the support of the MacArthur Foundation.

The report addressed areas for reform such as partnering with kids and their families, developing alternatives to justice system involvement and incarceration, data collection, and helping kids graduate. The report’s recommendations were developed at a National Summit on Law Enforcement Leadership in Juvenile Justice, where they received input from such advocate organizations as Justice for Families.

Here are the recommended actions for law enforcement leaders to improve interaction with kids who have behavioral disabilities and history of trauma:

Prevalent challenges: A large proportion of the young people who come into contact with law enforcement have mental health conditions, substance abuse problems, developmental disabilities, or trauma histories. These youth present distinct challenges in terms of how they interact with law enforcement and what their needs are. Law enforcement officers need training and protocols to enable them to better understand these issues and respond effectively.

Connecting youth and families with resources: Young people and their families are often in need of a wide range of services, and absent these services, criminal justice remedies alone will not be effective. As the first point of contact with many youth and families—long before any social services agency might learn of their needs—law enforcement officers have an opportunity to connect them with needed resources.

Recommendations

Law enforcement policies, practices and training should enable officers to respond appropriately to youth with mental health and substance abuse disorders and trauma histories by empowering officers to:

- understand the impact of these disorders and background on youth behavior;

– recognize and interpret the needs of a youth during first contact;

– respond appropriately with the aid of crisis intervention techniques to de-escalate conflicts and maximize the safety of officers, youth, and others; and

– make appropriate referrals to community-based services and minimize justice system involvement whenever possible.

Training on youth with trauma histories should include information on:

– the powerful and lasting effects trauma has on young people and their behavior;

– ways that arrest and detention can contribute to youth trauma; and

– the critical role of law enforcement in helping children recover from traumatic experiences by reinforcing safety and security.

As the first point of contact with many young people and families, law enforcement agencies have a unique vantage point to recognize unmet needs for behavioral health services and to collaborate with local government agencies and community-based providers to address systemic gaps in services.


LA TIMES’ ROBERT GREENE ON THE SUPES’ LASD OVERSIGHT DECISION

On Tuesday, the LA County Board of Supervisors voted down the creation of a civilian commission to watch over the sheriff’s department. The Supes also chose to bind the department’s Inspector General to the board through an attorney-client relationship. This means that the Supes could receive his reports in closed-door meetings.

The LA Times’ Robert Greene says that what the sheriff’s department needs is oversight that reports to the public, not just the county supervisors.

Here’s how it opens:

In arguing against a civilian commission to oversee the Sheriff’s Department, Richard Drooyan on Tuesday read the Los Angeles County Board of Supervisors a key passage from the report on jail violence he helped write in 2012. Such a commission, he said, “is not necessary if the Board of Supervisors continues to put a spotlight on conditions in the jails and establishes a well structured and adequately staffed OIG” — meaning the new Office of Inspector General.

They are the correct words to draw from the findings and recommendations of the Citizens Commission on Jail Violence, but they should direct readers to the opposite conclusion.

An oversight commission is not necessary if — and it’s the key “if” — the supervisors continue to focus on the jails and if they establish a well-structured and adequately staffed OIG.

In fact, as to the first “if,” the long, sorry record of the Board of Supervisors’ failed oversight of the Sheriff’s Department shows that its attention is too unfocused over time to properly do the job. That’s the whole point: Los Angeles County is facing federal court jurisdiction over treatment of inmates, has seen six deputies convicted of obstructing an FBI investigation and a dozen others indicted on various charges, and is paying out millions of dollars in lawsuit verdicts and settlements because the board was inadequate to the task of oversight.

It’s not that the supervisors weren’t on notice of the problems, which were detailed for them every six months, along with recommendations, by Special Counsel Merrick Bobb. They were indeed on notice, but somehow lacked the will or the ability to do much about it.

Now, after rejecting a civilian oversight commission on Tuesday, a majority of the supervisors insist that everything will change. They’ve learned their lesson. They’ll do better. They really mean it this time.

Posted in Charlie Beck, juvenile justice, LA County Board of Supervisors, LAPD, LASD, Paul Tanaka | 13 Comments »

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