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The Lost Boys, the Roanoke Shooting, Lawsuits Against LASD Members, San Bernardino DA’s Office Swears in Two K-9s

August 27th, 2015 by Taylor Walker

UNDOCUMENTED BOYS AND THE JUSTICE SYSTEM

A CA bill would protect juvenile justice system-involved immigrant children from being deported by banning the unauthorized disclosure of kids’ records to US Immigration and Customs Enforcement without a court order.

The bill, AB-899, authored by CA Assemblyman Marc Levine (D-San Rafael), awaits Governor Jerry Brown’s signature.

While county probation departments have been cutting back on how many undocumented kids they refer to ICE, advocates and immigration attorneys say this practice of reporting minors violates children’s civil rights, and contradicts the state juvenile justice system’s rehabilitative objectives of keeping kids in their communities, connected with their families, and acting in the best interest of children.

In Orange County, kids in juvenile hall who are suspected of being undocumented, can be interrogated by ICE agents without their parents of legal representation. The kids are not told of their right to a lawyer, phone call, or trial by judge before they are subjected to the interrogation.
Then, the children’s statements are often used against them during deportation hearings.

During deportation proceedings, kids are taken from their families and communities and sent to group homes and federal detention facilities across the nation.

Part one of four-part series by the Voice of the OC’s Yvette Cabrera about undocumented boys’ contact with the criminal justice system, tells the story of a 14-year-old referred to ICE and taken from the OC all the way to Texas, without informing his mother of his location. Here’s a clip:

One young man who is part of this generation of boys agreed to share his story, and with his mother’s consent and participation allowed a Voice of OC reporter to follow his case over nearly a three-year-period as it proceeded in immigration court. Since he is a minor in the juvenile justice system, the Voice of OC is using the pseudonym of Alex, for the minor, and Marisa for his mother to protect the minor’s privacy.

In the summer of 2012, immigration authorities entered Orange County’s juvenile hall and took Alex, then a 14-year-old, into federal custody and allowed him to make one phone call to his mother, Marisa.

The ICE agents told him he might be sent to a Texas facility, but Alex told Marisa over the phone that he knew little else about where he was headed.

She was in disbelief.

Her son had landed in juvenile hall after bringing a pocket knife to school, but she couldn’t understand how Alex ended up in the hands of immigration authorities.

She feared the worst — that Alex would be immediately deported to Mexico, where he was born.

A native of Mexico, Marisa, who is now 36, was 17 when she became pregnant with Alex. But at the time her relationship with her boyfriend had turned so violent, she almost miscarried. When Alex was nearly three-years-old, she took him and fled her physically abusive partner and crossed illegally into the United States.

She was determined to create a new life in California, but ended up falling into two other abusive relationships.

Alex witnessed his mother being abused, and experienced physical abuse at the hands of his mother’s partners as well. The consequences of his turbulent childhood would emerge early on, but Marisa never imagined when Alex began acting out in school that it would one day lead to his possible deportation.

When ICE agents placed Alex in custody in August 2012, Marisa was still undocumented, without a driver’s license and fearful that any contact with federal immigration authorities would lead to her own deportation.

“I felt awful,” she said in Spanish, pausing to catch her breath as the upsetting memory of that day washed over her. “I knew I wouldn’t be able to go see him in Texas.”

Immediately after the call from Alex, Marisa began to scour the Internet, searching for group homes that house refugee immigrant children and those in deportation proceedings. But she could not find him. She called an ICE facility in Los Angeles – only to learn that Alex was no longer there.

“Nobody would tell me where my son was,” said Marisa, wiping away tears. “It was horrible. I stayed up all night asking myself, ‘Where can he be?’”

Marisa’s struggle to find her son was the beginning of a much more difficult ordeal: Trying to keep federal immigration authorities from deporting him so that he could return home to Orange County, where he had spent the majority of his childhood.

Read on.

In part two of the series, Cabrera zeros in on the debate about whether federal immigration law and policy trumps state and local law meant to protect kids and their juvenile records, and the groups that are wading into the battle. Here’s a clip:

The law, California’s Welfare and Institution Code section 827, states that unless special permission from a juvenile court is granted, only a limited and specified group of individuals from the state’s juvenile justice system is given authority to inspect a minor’s case files. Among those authorized are the district attorney, child protective agencies, or law enforcement officers who are “actively participating in criminal or juvenile proceedings involving the minor.”

Section 827 does not include ICE or any other federal immigration authorities.

The Orange County Probation Department cites the federal law, Section 1373 of Title 8 in the U.S. Code, as its legal authority to communicate with immigration authorities.

According to the law, state and local entities can’t prohibit or restrict communication with ICE, nor prohibit or restrict any government entity or official from sending information to ICE or receiving information from ICE regarding the citizenship or immigration status of an individual.

Catherine E. Stiver, Orange County Probation Department’s division director for juvenile court services, oversaw the most recent revisions to the department’s ICE referrals, including changes in 2012 that cited the federal law for the first time.

Under the authority of Section 1373, Stiver said there is no need for immigration authorities to request a special juvenile court order to grant ICE access to a juvenile’s court files or personal information.

“The [juvenile] court cannot dictate what we release and receive from ICE,” said Stiver.

Probation spokesman Edward Harrison added that the federal law supersedes state laws, including the provisions in the Welfare and Institutions Code regarding juvenile confidentiality.

“The U.S. code, like the Constitution, supersedes state code and local ordinances. That’s the law over the land,” said Harrison, who also serves as the agency’s director of communications and research.

But some legal scholars and immigration attorneys throughout California disagree that federal immigration law preempts California’s juvenile confidentiality laws. On the contrary, they say, federal law recognizes the importance of protecting the privacy of juvenile court records, including from other federal agencies.

“Neither Congress nor the Supreme Court has ever recognized any broad exception that would allow state and local agencies to breach confidentiality to share information with federal immigration authorities, particularly when such information sharing would pose a detriment to the child,” stated a 2013 report published by UC Irvine School of Law’s Immigrant Rights Clinic on this issue.

[SNIP]

Los Angeles immigration attorney Kristen Jackson of the Public Counsel pro bono law firm said she discovered in some of her Orange County cases that her clients’ immigration court files were “chock full” of confidential juvenile court documents.

In those cases, Jackson sent ICE letters warning the agency that the documents were released in violation of California law, and as result the government did not submit the documents in immigration court. The issue, she pointed out, is that the documents will remain a part of the individual’s immigration file for the rest of his or her life.

“So it may start with this, but it doesn’t end with this,” said Jackson.


SHOULD THE MEDIA SHARE GRAPHIC KILLINGS LIKE THAT OF JOURNALIST ALISON PARKER AND VIDEOGRAPHER ADAM WARD IN VIRGINIA?

On Wednesday Vester Lee Flanagan II, a one-time WDBJ-TV reporter in Roanoke, VA, shot and killed former journalist colleague Alison Parker, 24, and cameraman Adam Ward, 27, during an interview on live television. The woman Parker was interviewing, Vicki Gardner, was also shot, but underwent emergency surgery and is expected to survive.

Flanagan led police on a chase, at the end of which, he shot himself.

Flanagan, who went by the name Bryce Williams, recorded the horrific shooting from several different angles and reportedly posted the footage on Facebook. Many others, including the media, started circulating the graphic videos. But should TV stations, news sites, and other media members continue to show the disturbing footage?

NPR’s David Folkenflik has more on the issue. Here’s a clip:

Viewers of the morning show for WDBJ-TV in Roanoke, Va., actually watched the deadly shootings of reporter Alison Parker and videographer Adam Ward. And they watched it live, unexpectedly, without warning. So did the program’s anchors, who were themselves shocked, initially uncomprehending, appalled.

Others quickly grabbed that footage from WDBJ-TV and posted it online and on the air. CNN, for example, rebroadcast a portion of the station’s video, including the shootings and a fleeting glimpse of the shooter. Anchors told viewers the network would only show it once an hour. MSNBC and Fox News do not appear to have aired the actual shots. By the middle of the day, CNN said it would hold off on showing the footage again.

The decision to air or share such material has to be a conscious choice. Often it is not. So do we, as viewers, have to think hard about what we choose to consume.

The Roanoke station where Parker and Ward worked has decided not to rebroadcast it.

“We are choosing not to run the video of that right now because, frankly, we don’t need to see it again,” Jeffrey Marks, WDBJ’s station manager, said on the air Wednesday morning. Marks’ rending observations, and those of his colleagues processing the deaths in public view, admirably sought to present well-rounded pictures of the two journalists. The station and its staffers tweeted out tributes, even as they continued to report the story.

And, the NY Times’ has a thorough report on the incident. Here’s a clip:

The shooting and the horrifying images it produced marked a new chapter in the intersection of video, violence and social media.

The day began with the most mundane of early-morning interviews. Ms. Parker and Mr. Ward were working on a story for WDBJ about the 50th anniversary of Smith Mountain Lake, a reservoir tucked among farms and rolling mountains that is popular with anglers, kayakers and sunbathers. They stood on a balcony of Bridgewater Plaza, a shopping and office complex on the lakeshore, talking with Vicki Gardner, executive director of the Smith Mountain Lake Regional Chamber of Commerce.

Around 6:45 a.m., the shooting began.

The station’s own disturbing video shows Ms. Parker screaming and stumbling backward as the shots ring out and a set of jumbled images as the camera falls to the floor. Eight shots can be heard before the broadcast cut back to the stunned anchor at the station, Kimberly McBroom.

Shortly afterward, Mr. Flanagan wrote on Twitter, “I filmed the shooting see Facebook,” and a shocking 56-second video recording, which appeared to be taken by a body camera worn by the gunman, was posted to his Facebook page. It showed him waiting until the journalists were on air before raising a handgun and firing at point-blank range, ensuring that it would be seen, live or recorded, by thousands.

Both social media accounts used the name he was known by on television, Bryce Williams, and both were shut down within hours of the shooting.

Ms. Parker, 24, a reporter, and Mr. Ward, 27, a cameraman, both white, were pronounced dead at the scene. Ms. Gardner was wounded and underwent emergency surgery, but was expected to survive. Mr. Flanagan shot and killed himself hours later after being cornered by the police on a highway about 200 miles away.


LAWSUITS AGAINST LASD MEMBERS CAN MOVE FORWARD, SAYS APPEALS COURT

On Wednesday, the Ninth Circuit Court of Appeals ruled that three LA County Sheriff’s Department members can be held liable in two separate lawsuits brought by Francisco Carillo and Frank O’Connell whose wrongful murder convictions cost them 20 and 27 years behind bars, respectively.

Carillo is suing former deputy Craig Ditsch, for pressuring a witness to falsely identify Carillo, who was 16 at the time, as the drive-by shooter who killed Donald Sarpy.

O’Connell, who was convicted of killing Jay French in 1984, is suing former homicide detectives J.D. Smith and Gilbert Parra for allegedly withholding exculpatory evidence from the defense.

Carillo’s attorney, Ron Kaye told the LA Times that he didn’t believe any of the three LASD employees were ever disciplined.

The LA Times’ Maura Dolan has the story. Here’s a clip:

Frank O’Connell, convicted of killing Jay French in 1984, won his release in 2012 after spending 27 years behind bars. L.A. County Superior Court Judge Suzette Clover found that sheriff’s detectives had failed to disclose exonerating information to either the prosecution or the defense.

O’Connell later sued former Los Angeles County Sheriff’s Department homicide detectives J.D. Smith and Gilbert Parra, alleging that they had refused to reveal evidence impeaching the statements of three eyewitnesses as well as information about a previous attempt on the victim’s life.

Francisco Carrillo Jr., in a separate lawsuit, also said the department failed to disclose information about the reliability of an eyewitness in his case. Eyewitness testimony is a leading cause of wrongful convictions.

Carrillo was convicted of killing Donald Sarpy in a 1991 drive-by shooting. Carrillo was 16 at the time and served 20 years in prison.

In his lawsuit, Carrillo charged that former Deputy Craig Ditsch knew that an eyewitness had trouble identifying Carrillo and tried to pressure the witness when he decided to recant.

L.A. County Superior Court Judge Paul A. Bacigalupo ordered Carrillo’s release in 2011 after concluding the eyewitness testimony against him was false, tainted or both.

Attorneys for the sheriff’s employees argued that the lawsuits should be dismissed because the law was unclear in 1984 and 1991 as to whether police had to disclose evidence exonerating innocence.

Members of law enforcement have immunity from lawsuits when their actions did not violate an established law.

The 9th Circuit, citing Brady vs. Maryland, the 1963 Supreme Court decision that required disclosure of exculpatory evidence, said the authorities should have known of the requirement.


SAN BERNARDINO DA’S OFFICER SWEARS IN TWO DOGS TO COMFORT VICTIMIZED KIDS TAKING THE WITNESS STAND

The San Bernardino District Attorney’s Office has sworn in its first two K-9s as part of the Special Victims Unit. The two black Labradors, Lupe and Dozer, are specifically trained to comfort kids who have witnessed or been victims of violence while they give testimony or take the witness stand.

The San Bernardino Press-Enterprise’s Gail Wesson has the story. Here’s a clip:

With a paw atop a state Penal Code book and a black, hairy chin on another copy, the first two K-9s were sworn in and received their star badges as members of San Bernardino County District Attorney Mike Ramos’ Special Victims Unit in a Friday ceremony.

The four-legged so-called facility dogs will enhance his office’s ability to “see justice for the most vulnerable victims, our children,” Ramos said during the event where K-9s, Dozer and Lupe, mostly sprawled out comfortably on the floor, while keeping an eye on the cameras and their victim advocate handlers.

More than two years in development, the district attorney’s office is partnering with nonprofit New Mexico-based Assistance Dogs of the West, which supplied K-9s and handler training, and Washington state-based Courthouse Dogs Foundation for educating the legal community.

[SNIP]

They will be called upon to help in interview and courtroom testimony situations, primarily with children but are available for adults too. Ramos said of child victims, “Some of them have suffered tremendous physical abuse, some of them tremendous sexual abuse and some have lost their lives.” The aim is to help witnesses be comfortable as they testify in order to get cases prosecuted in court.

“Our main goal is to greatly reduce the understandable fears that a child has about entering the courtroom,” Ramos said in a written statement.

Posted in immigration, juvenile justice, LASD | No Comments »

“Evolution of a Criminal,” Solitary Confinement Pt. 2, LAPD Community Guardians, and the Beneficiaries of Prop 47

August 25th, 2015 by Taylor Walker

Darius Clark Monroe was a 16-year-old honors student in Texas until he robbed a bank with a shotgun in a foolish attempt to bring his family out of extreme financial hardship.

In an award-winning PBS documentary, filmmaker Darius Monroe talks about the circumstances that led to his decision and asks his victims for forgiveness.

As a teenager, Darius says he did not think of the repercussions when he robbed the bank: the psychological harm done to the bank employees and customers present for the robbery, and the pain inflicted upon his tight-knit family and upon himself.

You can watch the whole documentary on PBS’ website until Sept. 11.


NEW MEXICO EXPERIMENTS WITH EFFORTS TO REDUCE USE OF SOLITARY CONFINEMENT IN PRISONS

The second installment in a three-part NPR series on solitary confinement in US prisons takes a look at the prison system in New Mexico where officials are working to reverse the state’s overuse of isolation. New Mexico has made real progress: 6% of the prison population is in solitary confinement this year, compared with 10% in 2013. But as the numbers creep lower, the task becomes more challenging, says Gregg Marcantel, head of New Mexico’s prison system. (We pointed to the first here.)

Here’s a clip from Natasha Haverty’s story for NPR:

In New Mexico, many low-risk inmates were moved out of solitary. The men still housed in isolation can now earn their way out in nine months with good behavior. That’s still more time in solitary than most reform advocates and most mental health experts support, but not so long ago, New Mexico’s solitary unit was packed with inmates who were thrown into cells “and then we really had no clear-cut way to get them out of there,” says Gregg Marcantel, head of New Mexico’s prison system. He says when he came in as corrections secretary four years ago, that heavy reliance on solitary had been unquestioned for decades.

“It’s very, very easy to overuse segregation. I mean, for a guy like me it’s safe, right? It’s safe — if these prisons are quiet, I don’t get fired,” he says.

One of Marcantel’s new programs gives prisoners the chance to live in a more open group setting if they swear off their gang affiliations.

For corrections leaders like Marcantel trying to change the system, it’s a struggle to get it right. None of his reforms get rid of solitary. He says he can’t see it ever going away.

“But i­n a perfect world, one that maybe involves unicorns, yeah, I would love to get rid of it,” he says.

So far, New Mexico’s first steps toward change seem to be working. Two years ago, 10 percent of the state’s prison population was in solitary. That’s down to 6 percent this year.


LAPD: THE TRANSITION FROM “WARRIORS” TO “GUARDIANS”

The Los Angeles Police Department is conducting a series of five-hour training (or retraining) sessions in the wake of controversial officer-involved shootings in LA and across the nation.

The LA Times’ Kate Mather sat in on some of the LAPD training lectures, which emphasized replacing the “warrior” culture of the 70′s and 80′s with a mindset shift to “guardian” of communities. (WLA pointed to another story exploring this issue here.)

Here are some clips from Mathers’ story:

“We were warriors,” Deputy Chief Bill Scott recently told a room filled with LAPD rank-and-file officers, a group of fresh-faced rookies watching from the front.

Now, he said, officers need to think of themselves as guardians watching over communities — not warriors cracking down on them.

“That means if we’ve got to take somebody to jail, we’ll take them to jail,” Scott said. “But when we need to be empathetic and we need to be human, we’ve got to do that too.”

[SNIP]

The five-hour lectures in Los Angeles have covered matters such as the way officers should interact with people who are mentally ill, how they can build community trust, when they are permitted to curse while dealing with the public and why they should avoid walking with a swagger. Department brass emphasized that public perceptions of police can be influenced by the way officers treat residents during their daily work.

Scott warned one group assembled at a department pistol range that the brash attitudes some officers have — “I’m the cop, you’re not” — can appear disrespectful. “That’s one of the biggest problems that we have,” he said. “How we talk to people.”

In an Eastside auditorium, Deputy Chief Jose Perez told a crowd of Hollenbeck officers that just because department policy allowed them to curse at uncooperative suspects — the LAPD calls it “tactical language” — they shouldn’t automatically use foul language when walking up to someone.

“It doesn’t let you go up to them, when you’re getting out of the car, and you go: ‘Hey … come here,’” Perez said, using a profanity. “We use it because we have to, not because you can or because you want to.”

When and how officers should use force was another key focus. Police were reminded to be patient with people who may be mentally ill and to try to build a dialogue in an effort to avoid using force to take them into custody.

In one session, officers were implored to carry less-lethal devices such as a Taser or beanbag shotgun in their patrol cars, so the option is always available. The department does not require all officers to carry less-lethal devices.

Last week, the LA Times’ Patt Morrison interviewed Deputy Chief Bill Murphy on the evolution of training within the department. (WLA linked to it here.)


PROP 47 IS HELPING FORMER OFFENDERS BREAK FROM STIGMA OF FELONIES

During her 20s, Sholanda Jackson was incarcerated 13 times because of an addiction Sholanda’s mother sparked by giving her crack cocaine as a teenager.

A poster child for rehabilitation, Sholanda has now been sober 11 years, has a degree, and works at a non-profit.

Thanks to California’s Proposition 47, which reclassified certain non-serious felonies as misdemeanors, former offenders like Sholanda are receiving a second chance—one that will free them from the stigma of old felony convictions, and help them secure employment, as well as government assistance.

KQED’s Marisa Lagos has more on the issue, including the story of Sofala Mayfield, another former felon who received a second chance through Prop 47. Here’s a clip:

His life began to fall apart in his teens, after his grandmother suffered a stroke and his mother fell back into drug addiction. After a series of minor run-ins with the law as a teenager, he was convicted of felony theft two years ago for stealing an iPhone.

Mayfield has three younger siblings that live with him. But he said when he got out of jail, he couldn’t find a job.

“I didn’t get any calls back, I would call them back — our hiring manager’s not in, you know. I just had a feeling that’s what it was, just me having the felony on my record and stuff,” he said.

At the urging of his probation officer, Mayfield called the public defender’s office and asked if he would qualify to reduce his felony to a misdemeanor under Prop. 47. Within a month, a court had approved the change.

He now has two jobs, is helping support his family and hopes to go to culinary school.

“I was just very grateful,” he said.

Posted in juvenile justice, LAPD | No Comments »

‘Roid Rage With a Badge: Is Anabolic Steroid Use a Problem for Cops?

August 24th, 2015 by Celeste Fremon


Could steroid use by cops cause officers to escalate in encounters with suspects, when deescalation might prevent tragedy?
In a new story for AlterNet reporter David J. Krajicek talks to police experts and others who express concern over a rise in secret steroid use, now that pricy and complicated random testing has fallen out of favor with budget-minded law enforcement agencies.

While we don’t necessarily agree with every single one of Krajicek’s conclusions, his story brings up some worthwhile questions.

But first here is some background on the issue in general:

In 2004, the DEA became concerned enough about a pattern of steroid use among law enforcement personnel that, together with the U.S. Department of Justice, they created a seven-page booklet titled “Steroid Abuse by Law Enforcement Personnel” to help police agencies understand the problem and how to avoid it.

“Anabolic steroid abuse, once viewed as a problem strictly associated with body builders, fitness ‘buffs,’ and professional athletes, has entered into the law enforcement community,” the DEA wrote in its brochure.

“Law enforcement personnel have used steroids for both physical and psychological reasons,” added the DEA. “The idea of enhanced physical strength and endurance provides one with ‘the invincible mentality’ when performing law enforcement duties.” Especially when those duties are of a nature that can easily turn dangerous.

But whatever upsides the drugs might provide, the downsides could be considerable, warned the DEA, citing the following psychological side-effects:

- Mood swings (including manic-like symptoms leading to violence)
- Impaired judgment (stemming from feelings of invincibility)
- Depression
- Nervousness
- Extreme irritability
- Hostility and aggression

When the problem seemed to get worse, not better, in 2008 the International Association of Chiefs of Police passed a resolution that “calls upon state and local law enforcement entities to establish a model policy prohibiting the use of illegally obtained steroids” by officers.

That same year, Police Chief Magazine, the publication put out by the IACP, ran a story about dangers of steroid “use and abuse,” in which the authors (which included a high ranking Arizona cop, an army doctor, and several medical specialists and researchers) explained why the steroid issue was an essential one to face, despite the admitted difficulties with testing:

“Officers carry weapons, are authorized to use lethal force, and are often involved in physically controlling or restraining people,” the authors noted. “If the stories of ’roid rage are true, how often are the officers who use anabolic steroids involved in unnecessary use-of-force incidents that could become a major liability for their agencies? Considering the legal issues, health effects, and commensurate costs associated with inappropriate use, agencies should proactively address this issue. Rather than look back on what could be an embarrassing “steroid era” of law enforcement—one in which the profession might be riddled with lawsuits, corruption, and claims of heavy-handedness—it is critical to address the current and future impact of this issue head-on.

Some agencies, like the NYPD did introduce testing during that era.

But according to more recent stories, even many of the cop shops that did test have dropped testing, including the Phoenix police, whose testing protocol was considered a pioneering model. Yet the problem has not gone away, as demonstrated by this 2014 story in the Augusta Chronicle about a brewing steroid scandal among law enforcement in Georgia—and elsewhere. Here’s a clip:

One of the largest cases occurred in New Jersey in 2007 when 248 officers and firefighters from 53 agencies were obtaining fraudulent prescriptions of anabolic steroids from a doctor. According to news accounts, the discovery was made after the doctor’s sudden death.

But smaller cases have occurred throughout the country, including one in Atlanta last year.
Five firefighters and one police officer from Cobb County were included in the investigation. Two of the employees resigned almost immediately.

Earlier this year in Washington state, investigators learned a King’s County sheriff’s deputy had been using steroids and dealing them to others inside and outside of the agency.

The sheriff told news outlets he suspected members of his SWAT team bought steroids, but he would not try to prove it because he needed the 20-man team intact.

(Interestingly, back in 2009, LA County’s Office of Independent Review reported, according to the LA Times, that the Los Angeles Sheriff’s Department had lowered its hiring standards to the degree that, among other questionable hires, it accepted a recruit who “had abused marijuana and steroids and been convicted of underage drinking shortly before he applied to become a deputy.” Such standard dipping has since been corrected, which is good. However, it is no guarantee that steroid use is not continuing under the radar, at both the LASD and the LAPD. As a matter of fact, anecdotally speaking, we hear stories….)

The truth is, exactly no one reports that steroid use among cops is now on the wane, or even less prevalent than it was in the mid 2000s.

In fact, Dr. Harrison G. Pope, director of the Biological Psychiatry Laboratory at Harvard’s McLean Hospital told Megan Cassidy of the Arizona Republic last month, “There’s no real way to stem the tide, so to speak, as far as access to steroids, and there’s no prospect in the near future that use of them is going to decline,” said Pope.

“We are going to continue to see its use with law-enforcement officers.”



AND IN OTHER NEWS: WILL THE JJDPA OPEN THE WAY FOR OTHER JUVENILE JUSTICE REFORM?

The Juvenile Justice and Delinquency Prevention Reauthorization Act (S 1169) will be the piece of legislatation most closely watched by juvenile justice activists when Congress returns from summer recess in September. The JJDPA, as it is commonly known, cleared the Senate Judiciary Committee on July 23, and is headed to the Senate floor.

First enacted in 1974, the JJDPA has been due for reauthorization since 2007. On April 30, 2015, Sen. Chuck Grassley (R-IA) and Sen. Sheldon Whitehouse (D-RI) introduced S. 1169, the bipartisan bill to accomplish the necessary reauthorization. The bill would also strengthen the JJDPA’s core protections for kids involved in the juvenile justice system.

Sara Barr, writing for the Juvenile Justice Information Exchange has more on the story. Here’s a clip:

If the Senate passes the bill, other juvenile justice legislation could gather momentum in JJDPA’s wake, said Naomi Smoot, senior policy associate at the Coalition for Juvenile Justice.

Such reform-oriented legislation introduced in late July and August include bills that deal with solitary confinement, shackling, alternatives to incarceration and record expungement.

Smoot said juvenile justice reforms are a natural fit within broader bipartisan negotiations to reform the criminal justice system.

“Juvenile justice reform really is the first line in those criminal justice efforts,” she said.

Barr lists some of the legislation that the JJDPA could tow behind it, including the MERCY Act (S 1965), which is the bipartisan bill introduced by Sen. Cory Booker, D-N.J., with Sens. Dick Durbin, D-Ill., Rand Paul, R-Ky., and Mike Lee, R-Utah, that would prohibit solitary confinement for juveniles in the federal system or held in pretrial facilities and juvenile detention facilities.



AND WHILE WE’RE ON THE SUBJECT OF SOLITARY CONFINEMENT: HERE’S HOW SOLITARY CONFINEMENT GOT HARDWIRED INTO THE POLICIES OF AMERICAN PRISONS

NPR’s Brian Mann has just kicked off a 3-part series on solitary confinement in America’s lock-ups, that is very much worth your time.

Here’s a clip from Part 1, which looks at the history of solitary:

In the yard at Eastern State Penitentiary in Philadelphia, gray-haired men make their way up to a small stage. A towering stone prison wall rises overhead. One by one they sit at a scratchy microphone and tell their stories — of being locked up 23 hours a day in a place that just about broke them.

“This place here really did something to me psychologically,” says former inmate Anthony Goodman.

Eastern State is the prison where solitary confinement was pioneered in the U.S. It’s a museum now, but the reunion here is a chance for former inmates to talk about what it meant to do time here.

“Because this place would make you go insane if you didn’t know how to handle it,” Goodman says.

Fred Kellner was a psychiatrist charged with looking after inmates’ mental health. He says he knew conditions at Eastern State were hurting people, but he felt powerless.

“I remember being bothered by various situations. You can’t do much about it because the most important thing in a prison is control. And that rules,” he says. “If you expect to change it, you’re in for depression.”

Here’s one of the first things you learn when you study the history of solitary confinement: People have had deep doubts about isolating inmates for a really long time.

The earliest experiments were carried out here at Eastern State in the 1800s in tiny, monastic cells. Sean Kelley, director of education at Eastern State, says at first people really believed that isolating criminals for long periods might help them heal, make them more virtuous.

Critics didn’t buy it. The British author and activist Charles Dickens who visited in the 1840s described long-term isolation as “ghastly,” a form of “torture.” Kelley says the people running Eastern State didn’t listen. Decade after decade they kept trying to make the system work.

“The officers and the administrators would write about the inmates becoming agitated. They would have to carry out really extreme physical punishments to maintain silence. They would literally put them in strait jackets and douse them in water in the wintertime and leave them outdoors,” he says.

Posted in juvenile justice, law enforcement, solitary | 6 Comments »

LA Supes to Vote on Mental Health Diversion, Differing Definitions of Solitary Confinement, Rancho Cielo, and HuffPost & WaPo Ferguson Reporters Facing Charges

August 11th, 2015 by Taylor Walker

LA COUNTY SUPES LIKELY TO VOTE ON CREATING AN “OFFICE OF DIVERSION” TO KEEP MENTALLY ILL OUT OF JAIL

Today (Tuesday), the LA County Board of Supervisors is slated to vote on increasing mental health diversion efforts in the county through creating and funding an Office of Diversion.

Last week, LA County District Attorney Jackie Lacey presented a report full of recommendations on how to redirect LA’s mentally ill from county jails and into far more appropriate community treatment. Several of the most important pieces of DA Lacey’s report include implementation of major mental health crisis training for law enforcement, adding more urgent cares to which officers can bring people in crisis, and launching a specialized housing program.

So far, $30 million has been set aside for diversion efforts, and in a report presented to the board last week, interim CEO Sachi Hamai estimated Lacey’s diversion plan would have a total implementation cost of $83,574,841. The necessary additional funding will come from realignment money, as well as money from SB 678, the Community Corrections Performance Incentives Act.

Today’s motion by Supervisors Mark Ridley-Thomas and Sheila Kuehl would establish a Director of the Office of Diversion position under the Department of Health Services (DHS).

The director would work with five other Diversion staff members (experts in mental health, substance abuse treatment, housing, etc.) to oversee LA County’s efforts to divert the mentally ill, homeless, and those with substance abuse problems from lock-up. The Diversion office will coordinate closely with the Jail Care Transitions Director (whose job it is to ensure inmates have access to reentry services when they’re released).

The motion would also create a committee to push diversion recommendations and to keep cross-agency collaboration running smoothly. The Permanent Steering Committee would be comprised of one official from the Chief Executive Office, the Superior Court, the Public Defender’s Office, the Alternative Public Defender’s Office, the District Attorney’s Office, the Sheriff’s Department, Probation, the Fire Department, the Department of Mental Health, the Substance Abuse Prevention and the Control division of the Department of Public Health, and DHS.

“We need the Office of Diversion Services to serve as a pipeline, bringing people from one resource to the next in an effective way so they do not commit more crimes once they are released,” said Supe. Ridley-Thomas. “In fact, we need to design a game plan so that they don’t enter the system in the first place.”

The SoCal ACLU’s legal director, Peter Eliasberg, said that if the motion passed, “it would be a major step forward in the diversion effort.”


DIFFERENT DEFINITIONS OF SOLITARY CONFINEMENT POSE PROBLEMS

During a Senate Committee on Homeland Security and Governmental Affairs hearing that focused on conditions in federal prisons, including solitary confinement practices, criminal justice advocates and prison officials had a strange disagreement about whether the US Bureau of Prisons even uses solitary confinement.

Charles Samuels, the director of the Bureau of Prisons, told US Senator Cory Booker (D-NJ) that isolation isn’t actually happening in federal facilities because in the overstuffed prisons, inmates are sharing cells in solitary confinement, and are only housed solo if they are determined to be a threat to others or if a health professional deems it necessary.

But according to the Department of Justice’s own definition of solitary confinement, if inmates are kept in their cells for 22 or more hours per day, in limited contact with other people, it doesn’t matter whether or not inmates are in their own cells or housed with others.

The ACLU’s Amy Fettig, called the confusing exchange “simply a word game to try to cover up a practice that harms people.”

The National Journal’s Emma Roller has more on the issue. Here’s a clip:

“We do not practice solitary confinement,” Samuels told Booker at the hearing. “Our practice has always been to ensure that when individuals are placed in restrictive housing, we place them in a cell with another individual, to also include that our staff make periodic rounds to check on the individuals.”

“I’m sorry, I just really need to be clear on that,” Booker cut in, sounding baffled. “Your testimony to me right now is that the BOP does not practice solitary confinement of individuals singularly in a confined area?”

“You’re correct,” Samuels said. “We only place an individual in a cell alone if we have good evidence to believe that the individual could cause harm to another individual and/or if we have our medical or mental health staff given an evaluation that it would be a benefit to the individual to be placed in a cell alone. We do not under any circumstances, nor have we ever, had a practice of placing individuals in a cell alone.”

Amy Fettig, senior staff counsel at the American Civil Liberties Union’s National Prison Project, said Samuels did not testify accurately.

“It’s patently untrue. The Bureau of Prisons does use solitary confinement,” Fettig said. “It is simply a word game to try to cover up a practice that harms people.”

So, what explains the two different stories? According to Fettig, the bureau has reckoned with a growing prison population by double-celling inmates in solitary confinement, then claiming that doesn’t qualify as solitary confinement.

In fact, this interpretation is at odds with the bureau’s parent organization, the Department of Justice. The DOJ defines solitary confinement as “the state of being confined to one’s cell for approximately 22 hours per day or more, alone or with other prisoners, that limits contact with others.”

Read on.


FORMER PROSECUTOR AND JUDGE OPENS RANCH TO HELP KIDS BREAK FROM THE PATH TO JUVENILE DETENTION

In an essay for the Washington Post, Monterey County Supervisor John Phillips tells the story of how he went from landing kids in detention facilities as a Monterey County prosecutor (and then as a superior court judge), to creating a camp to keep kids out of lock-up.

The 100-acre Rancho Cielo Youth Campus in Salinas, provides teens and young adults with opportunities to earn college credits, participate in job training, and other skills-building services.

Judges can recommend teens for placement at Rancho Cielo, but no one is “sentenced” to stay at the camp. Phillips said he wanted the kids to see it as a space to grow and succeed, rather than as a punishment facility.
(now a Monterey County Supervisor)

According to Phillips, around 200 kids have graduated from Rancho Cielo, and that 83% of participants are still employed or in college one year after their time in the program ends. And, all told, Rancho Cielo’s costs are around 10% that of incarceration.

Here’s a clip from Phillips’ story:

I gained firsthand knowledge of the cycle of violence here — first during a long tenure as a Monterey County prosecutor and later as a Superior Court judge. I devoted most of my 21 years on the bench to criminal cases. During my career, I was responsible for sending a lot of young people to prison. That was my job.

By the mid-1990s, California had gotten tough on crime (“Use a gun and go to prison” and the three strikes law), and the legislature was severely restricting judicial discretion. I found myself having to decide whether an 18-year-old kid would be sentenced to either 46 years to life or 52 years to life. Most of the young people who stood before me were men of color who, because of multiple factors, had never had the opportunities that are supposed to be afforded to all our kids in this great nation.

There was also a bit of economic irony. Very few services were provided for young people involved in criminal activity before they got in trouble. But once the trigger was pulled, all sorts of resources were directed to them — police, prosecutors, a defense attorney, the judge, the judicial system, probation officers, and of course, prison incarceration. After a while, I didn’t feel as good as I once did about my job; I didn’t feel as if I was making things better. So I decided to do something about it.

I had learned there was one strategy that actually worked to engage disenfranchised young people: the combination of education, job training and, eventually, employment. These critical three experiences allow youths to reconnect with communities from which they feel alienated and help build the self-esteem and self-confidence that many lack.

I knew of a county-owned, 100-acre, abandoned facility in Salinas called Natividad Boys Camp. The beautiful land and distance from the streets of Salinas made it the perfect location for programs to help struggling kids regain trust in themselves and in our community. I tried to convince our county to restore the facility as a site for youth programs, but was told it would take $20 to $30 million to reopen the doors. It took the help of some friends in the legal community to form a nonprofit and convince the county to lease me the property.

Initially, my board of directors consisted mainly of elected officials. Frankly, we didn’t accomplish much. I was able to raise enough grant money to fund a feasibility study of my idea, but that $26,000 study concluded that the Rancho Cielo project was totally impossible. I decided to change direction and replaced my board of directors with people in the business community — construction industry leaders, in particular, since they were willing to get to work revamping the old building along with the kids.

I had no money, but we moved forward anyway, commencing work on the property in 2003. When I arrived at 7 a.m. on that first Saturday, 75 pickup trucks already covered the hills; 22 dump trucks from various trucking companies lined the road. It was a beautiful sight to see. We never looked back. a beautiful sight to see. We never looked back.


WASHINGTON POST AND HUFFPOST JOURNALISTS WHO COVERED FERGUSON ARE NOW FACING CHARGES IN ST. LOUIS

The Washington Post’s Wesley Lowery and Huffington Post’s Ryan J. Reilly, who reported on the 2014 Ferguson protests, are now being charged in St. Louis with trespassing and interfering with a police officer.

According to officers, the journalists did not leave the McDonald’s they were working in quickly enough when they were ordered to pack up and go. Reilly reportedly had his head slammed against glass during the arrest, and Lowery said he was pushed into a soda fountain.

In a statement, the Washington Post’s executive director, Martin Baron said, “Charging a reporter with trespassing and interfering with a police officer when he was just doing his job is outrageous.”

The Huffington Post, in a statement backing the reporters, said, “At least we know St. Louis County knows how to file charges. If Wesley Lowery and Ryan J. Reilly can be charged like this with the whole country watching, just imagine what happens when nobody is.”

Posted in juvenile justice, LA County Board of Supervisors, LA County Jail, LASD, mental health, solitary | 12 Comments »

Juvie Solitary Confinement, College in Prison, Alleged Boot Camp Abusers Arrested, and Kelly Thomas’ Death Violated Police Policy

August 7th, 2015 by Taylor Walker

A BIPARTISAN PUSH TO BAN THE PSYCHOLOGICALLY HARMFUL USE OF SOLITARY CONFINEMENT ON KIDS LOCKED UP IN FEDERAL FACILITIES

On Wednesday, Senator Cory Booker (D-NJ) introduced a bipartisan bill to end solitary confinement for kids in pretrial facilities and juvenile detention facilities.

The Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 (MERCY) is cosponsored Rand Paul (R-KY), Dick Durbin (D-IL), and Mike Lee (R-UT).

Specifically, the bill would ban solitary confinement except as a temporary placement when a kid poses a serious threat to themselves or others and after less restrictive methods (like deescalation techniques and meeting with a mental health professional) had been tried.

The bill would also require facility staff to explain to a confined kid why they have been placed in isolation, and that they will be released after they have calmed down or after a specific amount of time. And the isolation of kids believed to pose a risk to others would be limited to three hours (thirty minutes for kids who pose a risk to themselves).

“Not only is solitary confinement cruel and demeaning, it’s a violation of one’s human dignity,” said Sen. Booker. “When imposed on adolescents, it can cause serious long-term psychological and physical harm.”

Noting the increased risk of depression and suicide for kids locked in solitary confinement, Sen. Durbin said, “I am glad to join Senators Booker, Paul and Lee in introducing this legislation and look forward to working with them as we consider how to fundamentally reform our approach to this controversial practice.”


PROGRAM TAKES COMMUNITY COLLEGE TO CALIFORNIA PRISONERS

Four community colleges are launching classes inside nearby California state prisons as part of an 18-month, $2 million pilot program starting this fall.

The colleges will offer between two and three business-related classes each semester, through which inmates will have the opportunity to earn an associates degree in liberal arts.

Lassen College will hold classes at High Desert State Prison, Folsom Lake College at Folsom Women’s Facility, Antelope Valley College at California State Prison, Los Angeles County, and Chaffey College at California Institution for Women.

The push for education in prisons is also happening on the federal level. Last week, US Secretary of Education Arne Duncan and US Attorney General Loretta Lynch revealed a pilot program to give federal Pell Grants—college grants for low-income students—to thousands of prisoners, reversing a 22-year ban on giving such grants to inmates.

The LA Times’ Carla Rivera has more on the program. Here’s a clip:

The state also has been moving to boost education access for inmates, after a 2014 law that allowed community colleges to receive the same level of state funding for educating students behind prison walls as they do for students on college campuses.

The legislation called for collaboration between prison and community college officials to provide college instruction, resulting in a $2 million, 18-month pilot program launching this fall…

“Part of the proposal was to look for innovative programs that are not only face-to-face but offer a full student experience of orientation, advising, counseling,” said BJ Snowden, director of inmate education in the community college chancellor’s office. “We want this to be a sustainable and replicable model with real goals.”

One of the state’s most successful prison education programs, the Prison University Project, will provide training for community college faculty.

The privately-funded project operates at San Quentin and was founded after inmates lost Pell eligibility. Instructors come from the faculty ranks at UC Berkeley, Stanford and San Francisco State University, said executive director Jody Lewen.

Obama’s Pell grant initiative could greatly aid programs like hers, Lewen said, providing it is focused on offering a quality education.

“It could be fantastic, but if we allow institutions to come in and do it as cheap as possible with little investment, it will be garbage,” Lewen said. “It will be one of those things in the prison system that’s called better than nothing.”


LA-AREA OFFICERS ARRESTED IN CONNECTION WITH ALLEGED ABUSE AT SAN LUIS OBISPO BOOT CAMP FOR TEENS

Four Los Angeles-area officers were arrested this week in connection with alleged abuse of kids participating in a boot camp called Leadership Empowerment and Discipline (LEAD) in San Luis Obispo.

Investigators identified fifteen kids who said they were victims of abuse at the hands of the officers leading the camp.

The program, which purportedly teaches discipline and leadership to 12 to 16-year-olds, ran for 20 weeks, seven days of which were spent at Camp San Luis Obispo, an Army National Guard base. The kids said that officers, especially the two men known as “the Gomez brothers,” verbally and physically abused and threatened them.

The program leaders would take the kids into a “dark room,” where the they would hold them against the wall by their necks, and punch them in the sides, stomach, ribs, and face, according to Gregory Owen, the attorney representing the children’s families. One boy allegedly suffered broken fingers after an officer stepped on his hand.

Marissa Larios and Patrick Nijland of the Huntington Park Police Department, and brothers Carlos Gomez-Marquez and Edgar Gomez of the South Gate Police Department were each arrested and released on $20,000 bail.

In June, at least two of the officers, the Gomez brothers, were still on patrol despite being subjects of investigation.

Here’s a clip from the San Luis Obispo County Sheriff’s Department:

After a two month investigation which involved interviewing 37 participants at the camp, Sheriff’s Detectives were able to identify 15 male and female victims ranging in age from 12 to 17 years old who claimed they were assaulted by the drill instructors while at the camp….

Gomez and Gomez-Marquez were arrested on the following five charges: 1. Willful cruelty to a child (felony), 2. Criminal threats (felony), 3. Criminal conspiracy (felony), 4. Criminal battery (misdemeanor), 5. Abuse under color of authority (misdemeanor).

Larios was arrested on four charges: 1. Willful cruelty to a child (felony), 2. Criminal conspiracy (felony), 3. Criminal battery (misdemeanor), 4. Abuse under color of authority (misdemeanor)

Nijland was arrested for: 1. Willful cruelty to a child (felony), 2. Criminal battery (misdemeanor), 3. Abuse under color of authority (misdemeanor).

All charges will be filed with the San Luis Obispo County District Attorney’s Office.

KTLA’s Kennedy Ryan and Eric Spillman have more on the arrests.


JUST-REVEALED INDEPENDENT REPORT SAYS FULLERTON COPS ACTED OUTSIDE OF DEPARTMENT POLICY IN BEATING DEATH OF KELLY THOMAS

Three former Fullerton police officers, Jay Cicinelli, Manuel Ramos, and Joseph Wolfe, violated department policy when they beat Kelly Thomas, a schizophrenic homeless man, to death (while he screamed for his father), according to an independent report released as part of a civil lawsuit.

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

Former Corporal Jay Cicinelli violated the Fullerton Police Department’s deadly force policy when he kneed 37-year-old Kelly Thomas in the head twice and beat him in the face with his Taser “multiple times” on July 5, 2011, according to the report by independent auditors. The incident was caught on street surveillance video.

Former officers Manuel Ramos and Joseph Wolfe violated the department’s use of force policy when they used their body weight to subdue and arrest Thomas, the report said.

Thomas died five days after the beating. The coroner’s report determined Thomas died as a result of mechanical chest compressions and cranial-facial injuries.

“Ramos’ weight and the body weight of other responding officers on Thomas may have been partially responsible for Thomas’ ultimate demise,” according to the report. It used similar language for Wolfe.

In January 2014, an Orange County jury acquitted Ramos and Cicinelli, and the charges against Wolfe were later dropped. All three are still fighting to get their jobs back after being terminated.

Posted in CDCR, Education, juvenile justice, Police | 2 Comments »

The US Would Save $$$ by Helping Disadvantaged Kids…Disparate School Discipline….California Endowment’s Robert Ross on Justice Reform…and the Struggles of an Understaffed Juvie Lock-Up

July 31st, 2015 by Taylor Walker

KIDS OF COLOR FACE HUGE BARRIERS TO OPPORTUNITY AND ACHIEVEMENT, AND THE US COULD SAVE A TON OF MONEY IF THOSE GAPS WERE CLOSED

A new White House Council of Economic Advisers report shows that it is much more expensive not to tear down the school-to-prison pipeline, lower incarceration rates, and ensure boys and young men of color have the same opportunities to succeed as their white peers.

While black kids represent 18% of the preschool population, they make up 48% of preschoolers who have received two or more out-of-school suspension. Those disparities certainly don’t get any better as kids get older, either. There were 875,000 kids arrested in 2013, the majority of them racial minorities.

Despite similar rates of marijuana use, black people are four times as likely as white people to be arrested for marijuana possession.

The White House report points out that we spend around $112,000 on incarcerating a kid for a year, in comparison to $23,000-$31,000 for a year of college, $13,000 for K-12 public school, and around $1,300 for a major mentoring program like Big Brothers Big Sisters or One Summer Plus.

There are disparities in higher education achievement as well. Only 12.4% of Latino men and 20.8% of black men ages 25-29 have a college degree, compared to 37.7% of white men of the same age.

If we closed the higher education gap between men of color and white men ages 25-64, the number of men of color with a bachelor’s degree (or higher) would double, and they would earn around $170 billion more per year.

The report says that intervention at these milestone life changes are crucial to close the gaps:

• Entering school ready to learn
• Reading at grade level by third grade
• Graduating high school ready for career and college
• Completing post-secondary education and training
• Successfully entering the workforce
• Reducing violence and providing a second chance


AND WHILE WE’RE ON THE TOPIC… STUDY SAYS BLACK STUDENTS GET “CRIMINALIZED” DISCIPLINE WHILE WHITE STUDENTS GET “MEDICALIZED”

Black kids often receive suspensions, expulsions, or justice system referrals, while white kids receive medical treatment for the same offenses, according to a Penn State study.

The study, published in the Sociology of Education, used data from 60,000 schools in 6,000 schools districts.

The Daily Beast’s Abby Haglage has more on the report (which is behind a paywall). Here’s a clip:

David Ramey—assistant professor of sociology and criminology at Penn State and the author of the study—has spent years researching how sociological factors affect schools’ modes of punishment. Even when the level of misbehavior is the same, he says, the treatment is not. “White kids tend to get viewed as having ADHD, or having some sort of behavioral problem,” he says. “Black kids are viewed as being unruly and unwilling to learn.”

Ramey is clear about the distinction between the two disciplinary styles. Criminalized discipline revolves around penalizing the student, using concrete things like suspension, expulsion, or referral to law enforcement. Medicalized is distinctly more benign, searching for solutions through medical attention or psychological intervention.

The deeper implications of Ramey’s results are troubling. Misbehavior from black students is seen as a crime that warrants punishment; misbehavior from whites is a malady that needs medicine.

The American Civil Liberties Union refers to this issue as the “school-to-prison-pipeline” (STTP): “a nationwide system of local, state, and federal education and public safety policies that pushes students out of school and into the criminal justice system.” Dwindling resources, pressure to bring in high test scores, and increased caution from school shootings are all cited as contributing factors.


CALIFORNIA A MODEL FOR OTHER STATES IN THE PUSH FOR CRIMINAL JUSTICE REFORM

In an op-ed for the Huffington Post, California Endowment President Robert Ross applauds President Barack Obama’s recently heightened focus on shifting the nation away from punitive and costly mass incarceration, moving instead toward a prevention and opportunity mindset. Ross highlights the progress California has made toward meaningful criminal justice reform, including passing Prop 47 (which reclassified certain non-serious felonies as misdemeanors), and implementing restorative justice in schools that were funneling kids into the juvenile justice system. Here’s a clip:

We worked with young leaders to address the fact that, for many of our young people, their criminalization begins as early as elementary school. Rather than asking why our students are acting out, they are being pushed out of school and police are being called in to deal with things such as talking back to teachers.

Through our grantees’ efforts, more schools in California are now adopting positive school discipline–giving students the opportunity to reconcile their mistakes–rather than pushing students out of schools and into the juvenile justice system.

Not only do our policies reflect prioritization of punishment over prevention, but so does our state spending. In California, we spend $62,300 a year to keep one inmate in prison but just $9,100 per year to educate one student in our public schools, one of many statistics we highlighted through our Do The Math campaign.

Realizing this contradiction, California voters decided to shift spending priorities towards prevention by passing Proposition 47, the Safe Neighborhoods and Schools Act, which gives Californians a second chance at opportunity by lowering some non-violent offenses to misdemeanors rather than felonies and shifts up to $1 billion dollars every year toward community health programs.

These efforts will help turn the tide on our prison population, which has grown 430 percent nationally since 1970. At the same time that we seek to break the school-to-prison pipeline, we cannot forget those who have ended up in prison.

One of the most moving things we did last year was visit one of our prisons here in California, to be able to hear from incarcerated people about the type of opportunities they’d like while behind bars to prepare them to best re-enter their lives and communities.

What we heard is they’d like to further their education, be offered opportunities to heal from intense trauma, and have more communication with their families.

We applaud President Obama for visiting El Reno Correctional Institution and we encourage more of our national leaders to do the same. And to take time listening to our youth, you’d be surprised how much information they’ll share about the type of opportunities and future they’d like us to build for them, but it’s up to us to act on that information.


CRITICALLY UNDERSTAFFED ALAMEDA COUNTY JUVIE DETENTION CENTER STRUGGLES TO MEET KIDS’ NEEDS

Brett Myers of of NPR’s Youth Radio visited a juvenile detention facility in San Leandro, CA, that’s struggling to maintain their reputation as a model juvenile facility to due to severe understaffing. Even though they watch over a smaller population of kids than the facility housed around 2010, guards are doing double the amount of overtime they did five years ago, and the kids are paying the price. Use-of-force incidents have tripled, and kids are spending more time in their cells missing out on recreation time.

Myers’ story is part of a series on juvenile justice. (On Thursday, WLA pointed to two stories on juvenile probation that are also from this series.)

Here’s a clip from the write up of the radio show:

According to county records obtained by Youth Radio, guards used pepper spray 147 times last year. The kicker: 90 percent of state-run juvenile correctional agencies don’t allow guards to carry pepper spray. But here, with guards working an average of 30 hours of overtime per week, there has been an increase in the use of force on juvenile inmates — like guards performing takedowns or handcuffing inmates. The department calls these acts “use of physical and mechanical restraints,” and that number nearly tripled in the past five years…

Supervisor Ray Colon has been working for Alameda County Juvenile Hall for 25 years.

“You’ve got a couple of staff watching a number of kids, and things happen,” he says.

During waking hours, the state mandates a minimum of one guard for every 10 kids in detention.

When they’re short on guards, supervisors sometimes run what they call split recs — basically dividing recreation, exercise and dinner time in half. Fifteen kids come out while the other 15 remain in their cells.

“The kids don’t always get the services they should get because we’re running short. They spend more time in their room, which is unfortunate, but it’s the reality of not having the staff to complete the duties we need to do,” Colon says.

Malik, 18, spent more than four months incarcerated in Alameda County Juvenile Hall. He says when young people are locked in their cells, tensions flare.

“Man, more fights, more attitudes. Kicking and banging — it’s just angry. They want to be out of their rooms. That’s why I used to kick and bang,” he says. “If I know that I have a guaranteed hour of PE each day no matter what, I’m going to be angry if I can’t get that.”

Posted in Education, juvenile justice, Obama, racial justice, Rehabilitation, Restorative Justice, School to Prison Pipeline | 5 Comments »

Does Youth Probation Help Kids or Push Them Deeper Into the Juvenile Justice System?….& How One Mich. County Does It Right

July 30th, 2015 by Celeste Fremon


In recent years, juvenile judges around California have been making an effort
to put kids on probation instead of sending them to juvenile lock-ups.

That’s the good news.

The idea is that probation will give kids the help and guidance they need and thus improve their ability to stay out of trouble in the future, stay in school, and so on.

Now here’s the bad news.

It seems that, in many California counties, the data suggests that the juvenile probation system is not very good at all at helping kids turn things around. Instead, probation seems to increases the likelihood that a young person will wind up being detained in a juvenile facility.

For example, last year in Yolo County, probation violations were reported as the most common reason kids were incarcerated,

And in LA county, 76 percent of the kids in the county’s juvenile camps were on home probation immediately prior to whatever action resulted in their being sent to camp, according to the Los Angeles County Juvenile Probation Outcome’s Report released in April of this year.

LA’s stats don’t necessarily mean that probation is causing further harm. But the numbers certainly suggest that, for a significant percentage of kids, probation isn’t helping.

Soraya Shockley of NPR’s Youth Radio has a story on this pattern. Here are some clips:

...That’s what happened to one 18-year-old, whom Youth Radio is not naming in order to protect his privacy and his juvenile records, which are protected by the law. He stole two pairs of sneakers, worth $85 total, when he was 15. This was his second arrest for what the court found to be a minor offense.

“And from there everything changed, because that was my first time on probation,” he says.

Instead of sending him to juvenile hall, a judge put him on probation, which can last until age 21. His court orders included nearly two-dozen conditions he had to follow, says Kate Weisburd, his attorney.

“Attend classes on time and regularly,” she read. “Be of good behavior and perform well … be of good citizenship and good conduct.”

Weisburd, who co-directs a youth justice program at the East Bay Community Law Center in Berkeley, says that while adults on probation mostly have to avoid committing a new crime, kids on probation have to abide by these sometimes subjective requirements — or be locked up.

The 15th order, “obey parents and guardians,” was one that tripped up the teen who took the shoes, moving him into juvenile hall. And the electronic monitor on his ankle sent him to the hall multiple times.

“I just wanted to go outside and take a walk or something, but then I’d get in trouble,” he says.

[BIG SNIP]

David Muhammad works with numerous probation departments across the country on reform, and he says the alternatives to jail often aren’t achieving their original goals.

“Many of the young people, when they first engage in the system, would be considered low-risk — and involvement in the system increases their risk,” he says. “There is a mountain of research that says, when the juvenile justice system touches a young person, that their likelihood of dropping out of school skyrockets, their likelihood of later being involved in the adult criminal justice system skyrockets.”


WHEN WAYNE COUNTY, MICHIGAN, REDESIGNED ITS PROBATION SYSTEM AWAY FROM A LAW ENFORCEMENT MODEL, OUTCOMES FOR ITS YOUTH CHANGED DRAMATICALLY

While many California counties struggle, a county in Michigan has moved away from a law enforcement approach to juvenile probation, to a therapeutic approach in which the county contracts with local nonprofit programs to help its kids. And the approach working. Recidivism rates have dropped precipitously. Before its reforms, 60 percent of kids in probation in Wayne County got into more legal trouble after becoming involved in the system. Now the recidivism rate is down to 16 percent.

As part of its series on juvenile justice, NPR’s Youth Radio looks at what Wayne County is doing right. Soraya Shockly again reports.

Posted in juvenile justice, Juvenile Probation | No Comments »

LASD Civilian Oversight Report, Kids and Prop 47, and Still No Child Welfare Czar

July 24th, 2015 by Taylor Walker

LA SUPES TO CONSIDER WORKING GROUP’S FINAL RECOMMENDATIONS FOR CREATING CIVILIAN OVERSIGHT FOR LASD

The working group tasked with advising the LA County Board of Supervisors on the shape that civilian oversight for the LA County Sheriff’s Department should take is expected to present a final report to the Supes next Tuesday, on July 28th. The report includes five key recommendations for the composition and reach of the oversight commission.

Arguably the most important recommendation is that the commission should have the power to subpoena LASD documents. In order to make that subpoena power possible, however, there would have to be changes to state law.

The LASD’s Inspector General, Max Huntsman, who is also a member of the working group, has had his own trouble getting personnel documents from the department.

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

At a KPCC panel discussion on police transparency last week, LASD Undersheriff Neal Tyler said the department has been working cooperatively “for a year and a half…to deepen Max Huntsman’s…access to the department. And we’re poised to do that.” But, it’s complicated.

Other recommendations include having nine board-appointed commissioners-–one chosen by each of the five supervisors, and four voted on by all of the Supes. Members should also serve three-year terms, and should be diverse (different races, ages, etc.), according to the working group. And, the oversight commission should use the Inspector General’s staff to for monitoring and investigation purposes.

The working group is slated to present the report to the Supes in two weeks. (For backstory on the working group’s preliminary decisions and how they came to make these recommendations, go here.)

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

Subpoena power has emerged as a critical issue for activists, who claim it’s necessary to have access to internal department documents. During 13 public meetings and nine town halls conducted by the working group, activists lobbied hard for subpoena power. Patrice Cullors of Dignity and Power Now called it “make or break” for successful oversight.

Sheriff’s representatives who sat on the group strongly opposed the idea.

They felt it was important the new commission begin its work in a “cordial and cooperative relationship,” and that Sheriff Jim McDonnell – elected last year – be given time to “effectuate reforms,” according to the report. None was immediately available for comment.

“Subpoena power would be available as a last resort,” said attorney Dean Hansell, who chaired the group. “It provides a club.” Hansell once served on the Los Angeles Police Commission.

Hansell acknowledged subpoena power would require voters to approve a change in the County Charter. The working group voted four to three to recommend supervisors place the question on the next ballot.

Inspector General Max Huntsman, who sat on the working group, supported giving the new oversight panel subpoena power, but said it may be overrated.

“A subpoena just gets you the right to get somebody to court to say ‘hey give me stuff’,” he said. The department – and the powerful labor union that represents deputies – can always argue that personnel and investigation records are not public.

Huntsman knows this challenge firsthand. The sheriff has denied Huntsman access to personnel records, which include a wide range of information about internal investigations. McDonnell has cited conflicting California laws and court rulings on access.


FOURTH DISTRICT COURT OF APPEALS SEZ JUVIE OFFENDERS BENEFIT FROM PROP 47 TOO

In a ruling on Thursday, a California appeals court said kids qualify, just like adults, for crime reclassifications—from felony to misdemeanor—that adults convicted of certain non-serious felonies receive under Proposition 47. (We at WLA applaud the court’s very sensible decision.)

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

The court of appeal said the reclassification of offenses under Proposition 47 applies to juveniles because they are judged by the same criminal code as adults.

“Accordingly, when a criminal offense is reclassified from a felony to a misdemeanor in the adult context — as occurred under Proposition 47 — the reclassification likewise applies in juvenile wardship proceedings,” Associate Justice Judith Haller wrote for the court.

The ruling came in a San Diego County case involving a minor who acknowledged in 2013 that he had committed felony commercial burglary, according to the appeals court ruling.

The San Diego County district attorney’s office said it will review the court’s ruling and decide whether to appeal.

“We support a juvenile justice system that has a goal of rehabilitation focused on providing the care, treatment and guidance in the best interest of minors,” the office said in a statement.


FOR CANDIDATES AND TWO OF INTERVIEWS, AND STILL NO CHILD WELFARE CZAR

After two rounds of interviews with four candidates to act as child welfare czar, a position recommended by a blue ribbon commission convened to jumpstart much-needed reforms in the county’s child welfare system, the LA County Board of Supervisors has still not made up its mind as to who will lead the new Office of Child Protection.

The board was supposed to continue deliberating in a closed-door meeting Tuesday, but decided to put off the meeting for another two weeks.

Fesia Davenport, who has served as the interim child welfare czar, says she has been interviewed twice for the important role, and hopes the Supes make a final decision soon.

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

On Wednesday, during a break at a community meeting on data and analytics in child welfare at the University of Southern California, Fesia Davenport, interim director of the Office of Child Protection (OCP) confirmed that she has been interviewed and re-interviewed.

“I’m hoping that a decision will be made soon,” Davenport said.

Davenport, who previously served as chief deputy director of the county’s Department of Children and Family Services (DCFS), said she feels a greater ability to effect change at the OCP than she did at DCFS.

“Working for DCFS you see a lot of things that need to happen, that should be corrected or need to be changed, and it’s difficult to do that because you’re just focused on core mission and task,” Davenport said. “I really appreciate being in a position where I don’t have the constraints of DCFS. I can effect change with the team, in partnership with the other county departments and the community-based organizations.”

Wendy Garen, president and CEO of the Ralph Parsons Foundation, attended Wednesday’s community meeting, which was organized by the Office of Child Protection. Garen praised Davenport for her performance.

“We know that she’s engaged and willing to do the work that’s necessary, and really whatever’s asked of her,” Garen said. “That’s a tremendous asset to this community.”

Posted in ACLU, DCFS, Foster Care, juvenile justice, LA County Board of Supervisors | 6 Comments »

Incarcerated Kids 3 Times More Likely to Be Hospitalized for Mental Health Issues….New LASD Mental Heath Crisis Teams in Desert….Expanding Adelanto…and Sandra Bland

July 22nd, 2015 by Taylor Walker

LOCKED UP KIDS IN CA ARE FAR MORE LIKELY TO BE HOSPITALIZED FOR MENTAL HEALTH REASONS THAN NON-INCARCERATED KIDS

Kids in CA juvenile detention facilities were hospitalized for mental health issues way more often (and for longer) than their non-justice-system-involved peers over a period of 15 years, according to a new study from the Stanford University School of Medicine.

Stanford researchers analyzed data from nearly two million hospitalizations of kids and teens between 11-18 in California from 1997 to 2011. The findings surprised the study’s lead author, Dr. Arash Anoshiravani. A whopping 63% of juvenile detention hospitalizations were for mental health problems, compared with 19% for kids who were not locked-up.

“We know young people in the juvenile justice system have a disproportionate burden of mental illness,” said Anoshiravani, “But I was really surprised by the magnitude of the problem, because hospitalizations typically occur for very severe illness.”

Locked up patients were more likely to be older, boys, and black. And when you took boys out of the picture, detained girls’ hospitalizations were for mental illness 74% of the time.


LA COUNTY SHERIFF’S DEPT. LAUNCHES MENTAL EVALUATION UNITS IN SANTA CLARITA AND ANTELOPE VALLEY

The Los Angeles County Sheriff’s Department has launched three new, much-needed Mental Evaluation Units for Santa Clarita, Palmdale and Lancaster. The teams are comprised of sheriff’s deputies and a Dept. of Mental Health clinician. The LASD has such teams already in place in other parts of the county, and in the jails, but, until now, hasn’t been able to fund units for Santa Clarita and the Antelope Valley, which account for more than a third of mental health-related calls to the LASD.

LA Daily News’ Susan Abram has the story. Here’s a clip:

“We had been pushing for this for years, but we couldn’t get the funding,” said Lt. Carlos Marquez, who oversees the evaluation teams for the Sheriff’s Department. “When we got these three additional teams, the logical placement was in Santa Clarita, Palmdale and Lancaster,”

Of the 1,000 calls for service that have to do with mental health, a third come from the northern part of L.A. County, Marquez said.

Those people who require emergency psychiatric care will be taken to Olive View-UCLA Medical Center in Sylmar, one of three facilities countywide with emergency psychiatric beds, said Dr. Mark Ghaly, director of community health and integrated programs at the county Department of Health Services.

There are about 130 emergency psychiatric beds throughout the county — not nearly enough, Ghaly said, noting there may be some relief later this year.

In 2011, county officials opened a $10 million mental health urgent-care center in Sylmar, next to Olive View, for walk-in patients suffering from anxiety, depression, schizophrenia and a range of other issues.


SOCAL PRIVATE PRISON BECOMES LARGEST ADULT IMMIGRANT DETENTION FACILITY IN THE NATION

Rep. Judy Chu (D-Calif.), along with 28 other legislators, sent a letter last week, urging the US Justice Dept. and the Dept. of Homeland Security to stop expanding the Adelanto Detention Center, a privately run prison for immigrants in San Bernardino County.

Last month, Adelanto, which is run by the scandal-plagued GEO Group, became the largest detention facility in the country for adult immigrants. Before the expansion, Adelanto was a men’s only facility, but has added 260 beds for women, in addition to 380 more beds for men.

GEO Group, the second largest for-profit prison operator, is often accused of medical neglect and abuse. Immigration and Customs Enforcement (ICE) is beholden to a “lock-up quota”—a profit-boosting tactics penalize states for not filling prison beds—of 488 prisoners through May of 2016.

In an op-ed for The Hill, Christina Fialho, who is an attorney and co-founder of Community Initiatives for Visiting Immigrants in Confinement (CIVIC), urges the feds to stop ignoring the medical neglect by GEO Group, and to stop the expansion, and instead defund the detention center altogether. Here’s a clip:

The Congressional letter highlights Gerardo Corrales, a nineteen-year-old who is paralyzed from the waist down. Corrales suffered a urinary tract infection because GEO Group was unwilling to provide him with a sufficient number of catheters. Doctors at a nearby hospital not affiliated with GEO told Corrales that his infection could have been fatal. Earlier this month, Corrales launched his own campaign along with three other men detained at Adelanto calling for the release of all people from the facility. Chu’s letter includes a link to Corrales’ oral testimony.

My organization, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), has been documenting medical neglect and other abuses at Adelanto since 2012 through the support of CIVIC volunteers who visit the facility weekly. Although U.S. Immigration and Customs Enforcement (ICE) tells us that people detained at Adelanto who request a medical visit are seen within 24 hours, the people in detention tell us otherwise. In fact, it is our understanding that sometimes it takes weeks for the men to see medical personnel, and they rarely meet with a doctor. The nurses often prescribe ibuprofen or “drink more water” for symptoms ranging from cataracts, to a slipped disk, to infections. One man was denied treatment for a serious hip infection because “it was too expensive,” according to a letter released in May by advocates. Unbelievably, nurses even deny sweaters to people detained at Adelanto who are cold.

Despite numerous complaints CIVIC has filed with DHS’s Office for Civil Rights and Civil Liberties and the Office of the Inspector General about the facility, ICE decided to expand the Adelanto Detention Center to detain 640 more people, including up to 260 women. Currently, the Adelanto Detention Center is imprisoning eight women, and local ICE personnel are hopeful that the expansion will allow them to detain transgender women at the facility as well. This is very troubling because these vulnerable populations require specialized healthcare services, and GEO Group has already proven that it is incapable of providing adequate care to the men in detention at Adelanto. Meanwhile, at GEO Group’s only other California-based immigration detention facility in Bakersfield, a pregnant woman tripped and miscarried last month after GEO shackled her in violation of federal guidelines.


RACISM IN THE TEXAS COUNTY WHERE SANDRA BLAND DIED MYSTERIOUSLY IN A JAIL CELL

Recently released jail video and dash cam arrest footage further complicate the mystery of how Sandra Bland, a black woman on a road trip to start a new job at Prairie View A&M University, ended up dead in a jail cell in Waller County.

The history of racial prejudice in Waller County does not prove anything—one way or the other—about Sandra Bland’s death. Yet, it should not be disregarded either.

The Atlantic’s David Graham has more on Sandra Bland’s death and racism in Waller County. Here’s a clip:

Statewide, stops and citations for black people in Texas are actually lower than their share of the overall population, and the same holds true for stops by the Waller County sheriff and police in the towns of Hempstead and Prairie View.

But this might be one of the few areas where there isn’t evidence of racially disparate outcomes in Waller County, a place with a grim history of discrimination and tension—“racism from the cradle to the grave,” as DeWayne Charleston, a former county judge, put it to The Guardian.

The history is especially painful because Waller County was for a time a beacon of black progress. During Reconstruction, an office of the Freedmen’s Bureau opened in the county seat of Hempstead, and federal troops—including, for a time, some commanded by George Custer—occupied to keep the peace. Not coincidentally, the Ku Klux Klan also set up shop. Nonetheless, Hempstead became a locus of black political activity and hosted the Republican Party’s statewide convention in 1875. In 1876, the predecessor of Prairie View A&M was established, and in the 1880 Census, the county was majority black.

But the last two decades of the century saw an influx of white immigrants from Eastern Europe, and that dilution of the black vote, along with the end of Reconstruction, reduced blacks to a minority and slashed their political power. After a 1903 law established “white primaries,” African Americans were effectively shut out of politics—such that in a county with some 8,000 black voters, only 144 Republican votes were cast in 1912, according to The Handbook of Texas. Waller County, as Leah Binkovitz notes, had among the highest numbers of lynchings in the state between 1877 and 1950, according to a comprehensive report by the Equal Justice Initiative.

This may seem like distant history, but it set something of a pattern for the county’s race relations through to the present—and as the events of the last year have made clear, a place’s history is often an effective predictor of how it treats its black residents, from St. Louis County to Cuyahoga County. In fact, the disenfranchisement of black voters in Waller County has continued to be a source of contention.

In 2004, students at Prairie View A&M fought and won a battle over their right to vote in the county…

Read on.

Posted in immigration, juvenile justice, LASD, mental health, race | 16 Comments »

Private Prison Medicine, Foster Care Benefits for Dual Status Kids, Presidential Pot Pardons, Sheriff Jim McDonnell on WWLA? …and More

July 16th, 2015 by Taylor Walker

WHEN FOR-PROFIT CORPORATIONS TAKE OVER PRISON HEALTH CARE INMATE MORTALITY RATES RISE

The private medical company, California Forensic Medical Group, is the largest prison health care provider in CA. And, not unlike the largest prison health care company in the nation, Corizon Correctional Health Care, CFMG continues to rake in money despite being mired in scandals and lawsuits alleging mistreatment, neglect, and short-staffing.

CFMG holds medical care contracts for 64 detention facilities in 27 of California’s 58 counties. Most of the counties are rural, like Imperial and Yolo, but CFMG is also responsible for thousands of inmates in counties like San Diego, Ventura, Santa Cruz, and it’s hometown, Monterey.

Around 200 inmates have died in the last decade under CFMG medical care, and more than 80 lawsuits have been filed against the company in the last 15 years, according to an investigation by FairWarning.

FairWarning’s Brian Joseph takes an in depth look at CMFG’s history (which is not unlike many other private prison companies), as well as the stories of inmates who died seemingly preventable deaths while under the care of CFMG. Here are some clips:

The outsourcing of medical care in jails and prisons reflects a nationwide push for privatizing government duties. The private sector, outsourcing advocates say, offers better services at a lower cost. But while other government services have outspoken constituencies, jails and prisons do not. Inmates usually have little clout to demand change if they believe they are receiving poor health care.

“Society doesn’t really care about prisoners,” said Neville Johnson, a Beverly Hills lawyer. Johnson sued CFMG and Yolo County, near Sacramento, over the August 2000 jailhouse suicide of Stephen Achen. A drug addict, Achen warned some jail staffers that he could become self-destructive but promised another that he wouldn’t hurt himself. “As we got into it, we were astonished at what we felt [was] the deliberate indifference of the jail staff and especially CFMG, which is nothing but a money-making machine,” Johnson said. CFMG settled with the Achen family for $825,000 after a judge found evidence of medical understaffing, according to media reports.

The private sector started providing health services to jails and prisons in the 1970s, when negligent medical care became a foremost prisoners’ rights issue. Inmates across the country filed lawsuits alleging inadequate care. Courts ruled that depriving prisoners of competent medical services was unconstitutional and in some cases ordered states and counties to take corrective action. Wardens and sheriffs, lacking backgrounds in medicine, turned to outside contractors for help.

[SNIP]

Ryan George, age 22, was serving time for domestic violence in 2007 when he experienced the onset of a sickle cell crisis, a painful, but treatable, condition where blood vessels become clogged by the misshapen cells. For days, Valerie says, Ryan called her from jail in obvious pain, complaining that he was being neglected.

Finally, when he was found “unresponsive” in his bed, Ryan was taken to the hospital, according to court records. But after a couple of days, of treatment, doctors there decided Ryan was exaggerating some of his symptoms and sent him back to jail. Shortly thereafter, Valerie said, a CFMG doctor called her, saying Ryan was getting worse. She says she demanded that the doctor take him to the hospital, but he said “that’s not a possibility.”

The company doctor acknowledged in court papers that he spoke with Valerie George, but disputed her version of what was said. CFMG executives also acknowledged that the company would have incurred more costs if Ryan was sent back to the hospital, but denied that financial concerns had anything to do with his death.

A few days later, Ryan George was found dead in his cell, with dark green fluid oozing from his mouth and eyes, according to the civil complaint. A subsequent Sonoma County Grand Jury investigation found that the “Sheriff’s (department) and CFMG medical staff failed to fully intervene” when Ryan’s condition worsened. “He was not re-hospitalized, despite exhibiting symptoms of jaundice, severe dehydration, bone pain, altered level of consciousness and loss of urinary and bowel control,” the grand jury found. Said Valerie George, whose family settled with CFMG: “They let him die like a dog in a cage because this company would not pay for him to get proper medical treatment.”

[SNIP]

“Why wasn’t an ambulance called?” a guard later recalled someone asking when he wheeled a pale Dau into El Centro Regional Medical Center at about 9:30 a.m. on July 23, 2011. A doctor rushed to her side and felt her neck. “She has no pulse!” the doctor yelled, according to a deposition given later by the physician. Hospital staff cut off her jumpsuit and attempted CPR, but it was no use: at 9:56 a.m. Dau was declared dead.

A subsequent autopsy by Imperial County Chief Forensic Pathologist Darryl Garber determined Dau died of heart disease with a contributing factor being acute drug intoxication from the multiple medications she was prescribed. Garber also discovered Dau had a bed sore on her lower back, suggesting that she had been unable to move for some time.

Later, according to the minutes from a meeting about Dau’s death, CFMG and jail staff decided that an ambulance should have been called and that Dau was “probably” going through Valium withdrawal.


CRUCIAL BILL TO CLOSE A LEGAL LOOPHOLE AND EXTEND BENEFITS TO “DUAL STATUS” FOSTER KIDS MOVES FORWARD

A CA bill to give foster kids involved in the juvenile justice system (often called “dual status” or “crossover” youth) extended foster care benefits was approved unanimously by the Assembly Judiciary Committee.

SB 12, authored by Senator Jim Beall (D-San Jose), would close a loophole in existing law, and ensure kids who turn 18 while in juvenile detention receive extended benefits like their non-justice-system-involved peers.

Sawsan Morrar has more on the bill and its progress for the Chronicle of Social Change. Here’s a clip:

DeAngelo Cortijo, an intern at the National Center for Youth Law, spoke at Tuesday’s hearing about his firsthand experience as a crossover youth. Cortijo was removed from his home when he was two after his mother attempted suicide. He was placed with family members, and at one point returned to his mother, before he was sent to foster care amid reports of abuse. Since then, he was in over four detention facilities, and ran away from group home placements several times.

“When I was released, I faced many challenges,” Cortijo said. “I now have to fend for myself as an adult. I had to find stable and clean housing. I didn’t have an income to support myself.”

Cortijo was left depending on others for the most basic needs like purchasing a toothbrush or borrowing socks.

“Do you know what that does to a person’s confidence? It completely destroys it,” he said.

With extended benefits in place, Cortijo would have received about $800 a month, just like other transition-age foster youth, to help pay for food, housing and school.

Jennifer Rodriguez, executive director of the Youth Law Center, said these probation youth in transition are exactly who extended foster care aims to support.

“We know that the rates of homelessness, unemployment and incarceration for young people who cross from dependency to delinquency are double to triple the rates for youth who are just in dependency or delinquency,” she said.

According to the Youth Law Center there are approximately 4,000 probation-supervised foster youth in California. There are over 50,000 foster youth in the state.


WHAT IF PRESIDENT OBAMA FOLLOWED IN THE FOOTSTEPS OF FDR AND WILSON AND USED HIS PARDON POWER ON MARIJUANA OFFENDERS?

On Monday, President Barack Obama announced that he had commuted the sentences of 46 non-violent drug offenders, bringing the total number of approved commutation petitions up to 89. While this is a good step in the right direction, there are 95,265 federal prisoners serving time for drug offenses.

The Atlantic’s Zach Hindin makes the case for presidential pardons for all marijuana offenders in federal prison. Former President George W. Bush commuted 11 sentences and pardoned 189 during his 8 years in office, and Bill Clinton commuted 61 sentences and pardoned 396. Our current president has granted just 64 pardons, thus far. (If you are fuzzy on the difference between the two, a pardon wipes a person’s criminal record and restores rights, a commutation shortens a person’s sentence, but does not offer a clean slate.) Obama’s latest move seems far less historically meaningful when compared to Woodrow Wilson and Franklin D. Roosevelt’s thousands of post-prohibition acts of clemency for alcohol offenses, says Hindin.

Here’s a clip:

…Compared with the last few administrations, commuting the sentences of 46 nonviolent drug offenders may seem historic. But history sets the bar higher still.

In May 1919, Woodrow Wilson was in Paris negotiating the Treaty of Versailles. It’s hard to think of a moment when any president had a better reason to shelve domestic affairs, but on Monday, May 12, Wilson telegraphed his secretary in Washington: “Please ask the Attorney General to advise me what action I can take with regard to removing the ban from the manufacture of drink.” A week later Wilson sent another cable, this time to Congress: “It seems to me entirely safe now to remove the ban upon the manufacture and sale of wines and beers.”

Congress declined, and instead introduced a bill to shore up the Eighteenth Amendment, known as the Volstead Act. Wilson vetoed the Act. Congress overrode his veto. With no legislative recourse, Wilson chipped away at Prohibition using the executive power that Congress could not check: his pardon. By the end of his second term, alcohol offenders accounted for more than one-fifth of Wilson’s clemency recipients.

Unlike Wilson, Franklin D. Roosevelt had been ambivalent about Prohibition. During his time in the New York State Senate, the powerful Anti-Saloon League had praised Roosevelt’s “perfect voting record.” Even after the repeal of Prohibition became central to his presidential platform, according to one biographer, “the story persisted that whatever Roosevelt might say, there was a voting record to prove he was ‘dry’ at heart.” But when Prohibition was repealed by popular demand in 1933, FDR went on a pardoning spree that outclassed his predecessors, approving alcohol offenders who had been previously rejected or otherwise hadn’t even applied.

Wilson used his pardon to protest an impossible law. Roosevelt used his to acknowledge the change in social norms.

The time when most Americans condoned alcohol consumption despite Prohibition rhymes with our own, when 53 percent of the country supports the legalization of marijuana, and pot laws have been curtailed in 23 states and the nation’s capital. And just as Prohibition offered a legal apparatus for racism, today, the racial imbalances in marijuana arrests and sentencing are so stark that many in this country consider them a proxy for racial control. In 49 states, blacks are more likely than whites to be arrested for marijuana—in the worst offending counties, by a factor of eight. The limit of this analogy is scale—together, Wilson and Roosevelt issued some 2,000 alcohol-related acts of clemency. In 2012 alone, almost 7,000 people were convicted in federal courts for marijuana offenses, according to the U.S. Sentencing Commission, more than for any other type of drug.


LA SHERIFF JIM MCDONNELL TALKS JAIL ABUSE AND MORE ON WHICH WAY, LA?

After 10 jail employees were relieved of duty this past weekend in connection with alleged jail abuse, LA County Sheriff Jim McDonnell appeared on KCRW’s Which Way, LA? with Warren Olney to discuss jail abuse, transparency, mental illness, and his hopes for the facility that will replace the crumbling Men’s Central Jail.

Take a listen.

In another segment, investigative reporter Jeffrey Sharlet talks about his in-depth GQ story about the March LAPD shooting of Charly Keunang, an unarmed homeless man in Skid Row, and the unreleased officer body cam videos he was able to watch of the incident.

AND WHILE WE’RE ON THE SUBJECT OF TROUBLING FOOTAGE OF OFFICER-INVOLVED SHOOTINGS…FAMILY OF UNARMED MAN KILLED BY GARDENA POLICE SEEK CIVIL RIGHTS INVESTIGATION

In 2013, three Gardena police officers fatally shot Ricardo Diaz Zeferino, an unarmed man they mistook for a robbery suspect. According to officers involved, Diaz Zeferino appeared to be reaching for a weapon. The city settled the resulting lawsuit to the tune of $4.7 million, but refused to release videos of the shooting, because of privacy concerns.

On Tuesday, federal Judge Stephen V. Wilson ordered the city of Gardena to release the videos. And at a press conference on Wednesday, an attorney representing Diaz Zeferino’s family called for a federal civil rights investigation into the shooting.

Here’s a clip from the KPCC update:

Mercardo said the videos allow the public to see for themselves what took place shortly after police stopped Diaz Zeferino and two others suspected of stealing a bike.

“The public can be the judge of what really happened that night,” she said, adding the family had been searching for justice, not money.

Diaz Zeferino’s brother, Augustine Reynoso, holding aloft a picture of the two of them embracing, said he wanted to bring the Gardena police department to account for the death of his brother.

“Money is not what’s important in life. Life is what’s important in life,” he said through Mercado, who translated his comments. “I want justice to be done. I want the Gardena Police Department to be investigated more deeply. That’s why I’m here.”

Posted in Crossover Youth, DCFS, Foster Care, jail, Jim McDonnell, juvenile justice, LAPD, LASD, Marijuana laws, medical care, Mental Illness, Obama, Sentencing, War on Drugs | No Comments »

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