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Double Charged: CA’s Unlimited Juvie Restitution…Supes Votes Put Off On LASD Citizens Commission & Mental Health Diversion…John Oliver on America’s Prisons….& More

July 22nd, 2014 by Celeste Fremon

The Cost of Court Involvement


WHEN KIDS ARE DOUBLE CHARGED: SHOULD RESTITUTION CHARGES FOR KIDS HAVE A CEILING?

In an investigative series called Double Charged: The True Cost of Juvenile Justice, Youth Radio has looked into some of these suprise costs that suddenly are levied against a kid and his or her parent when that kid finds himself caught up in the juvenile justice system, as the infograpic above shows. (We highlighted an earlier segment here.)

The newest Youth Radio show segment, written and produced by Sayre Quevedo, and co-published by the Huffington Post, looks at how, for many kids in California, in addition to the myriad court and lock-up charges, there is restitution, which can be staggaringly high priced.

Here’s the story:

It is generally agreed that restitution is, in principle anyway, a good and healthy idea for both victims and lawbreakers. For victims, restitution makes up, at least in part, for whatever damage was done them. For lawbreakers it is a tangible reminder that their actions did harm to an actual person or people, and provides them an opportunity to take real world responsibility for their acts.

The principle holds true for juvenile lawbreakers as well as a adults. But when it comes to kids, should there be a limit? States like New York and Missouri say yes. In Missouri caps restitution for juveniles at $4000. New York sets the limit at $1500.

In California, there is no limit—a policy that many juvenile justice activists contend can result in unpayable amounts that do far more harm than good.

Here are some clips:

Ricky Brum stood with one of my producers in an alleyway behind a furniture store in Manteca, California, and to be honest, it was a little awkward. He didn’t really want to be there. Last February, Brum set some cardboard boxes on fire just a few feet away.

“Just that right there,” he said, pointing to a black spot on the pavement. “Just a little burn mark on the floor.”

One match did the trick, said Brum. “Like I just sat there and was like ‘Bam!’”

That “bam” changed Ricky Brum’s life. He was 15 when he set the fire. It was his first time getting in trouble with the law. He was lucky: his charges were reduced to a misdemeanor. Brum went on probation, and didn’t serve any time in juvenile hall.

Brum, and his mom Leanne, thought the worst was behind them. But then, while meeting with their public defender, they found out about restitution.

“We thought it was a joke,” said Leanne Brum.

Sitting at his kitchen table, Ricky Brum flipped through the restitution claim. Even though the fire department report said there was no damage to anything in the furniture store, the owner claimed his entire inventory of nearly 1400 items was smoke damaged.

The bill came out to $221,000….

[SNIP]

Payment is rare. There are no statewide statistics on juvenile restitution, but Youth Radio collected numbers from three of California’s largest counties and found that less than 30% of restitution amounts are paid.

“I think that people recognize there are certain dollar amounts that are not going to be paid at all, ever,” said Roger Chan, who runs the East Bay Children’s Law Offices in Oakland. Juvenile law, said Chan, is about reform, giving young people a chance to start over. However, Chan argues that restitution too often gets in the way because it saddles kids with unreasonably high debt.

“If you order such a huge amount of restitution to a young person who has no ability to pay it, how meaningful is that as a consequence,” asked Chan. “Is that really an effective way for the young person to be rehabilitated and is that really beneficial to victims?”

Chan is trying to change California’s law to let judges consider a kid’s ability to pay. It’s not just for the benefit of young offenders. Chan says it’s for victims too, because when restitution sums are realistic, he says victims are more likely to get paid.


BOARD OF SUPERVISORS’ VOTES PUT OFF BOTH ON MENTAL HEALTH DIVERSION…AND A CITIZENS COMMISSION TO OVERSEE THE SHERIFF’S DEPARTMENT

The members of the LA County Board of Supervisors were originally scheduled to vote on two closely watched motions, but both votes have now been postponed:

First of all there was Supervisor Mark Ridley-Thomas’s motion of last week, which would cause the Supes to allocate at least the beginning sum of $20 million to launch a “coordinated and comprehensive” mental health diversion program in the county. It has been postponed until next Tuesday, July 29. (You can read the motion here.)

The motion has already attracted letters of support from such organizations as the National Alliance for Mental Illness Los Angeles County Council, and others, urging the board to commit the funds necessary to the kind of diversion programming that has been shown to save money—and suffering—in other counties, most notably Miami-Dade.

(We’ll update you on how the vote is looking as we get closer to next Tuesday.)

At the same time, the vote on the motion to create a citizens commission to provide community oversight for the Los Angeles Sheriff’s Department—which is co-sponsored by Ridley-Thomas and Supervisor Gloria Molina—has been put off until August 5.

This column by the LA Times’ Jim Newton looks at topic of the citizens commission, whether is a good idea or not, and whether the motion has a chance of passing.

Here’s a clip from Newton’s column:

The board is split: Ridley-Thomas and Supervisor Gloria Molina have expressed support for the commission; supervisors Don Knabe and Mike Antonovich have indicated their opposition. (Jim McDonnell, leading candidate for sheriff, announced his support for the commission this month; Ridley-Thomas endorsed McDonnell a few days later.)

That leaves Supervisor Zev Yaroslavsky. When we spoke last week, he said he was still pondering the matter, but he’s clearly leaning against it. “I’m reluctant to create structures that have no power and no authority,” he said, adding that such a commission “will ultimately disappoint.”

That may be enough to scotch the idea for the moment, but perhaps not for long. Yaroslavsky is termed out, as is Molina. Molina’s replacement, Hilda Solis, has indicated she supports establishing a commission, so one supporter will arrive as another leaves. More important, the two challengers in a runoff for Yaroslavsky’s seat, former Santa Monica Mayor Bobby Shriver and former state legislator Sheila Kuehl, both told me last week that they too support a citizens commission. So even if Ridley-Thomas falls short this time, his third vote may well be on the way.


JOHN OLIVER ON AMERICA’S PRISON SYSTEM

Almost certainly the year’s best 17 minutes of news and information on the American prison situation was contained in a segment shown on Sunday night on….a comedy show, specifically John Oliver’s new-this-spring Last Week Tonight, on HBO.

Oliver hit nearly all the important points brilliantly and hard—using humor to carry all his sharpest points:

“We have more prisoners than China. China. We don’t have more of anything than China, except of course debt to China.”

“Our prison population has expanded 8 fold since 1970. The only thing that has grown at that rate since the ’70′s is varieties of Cheerios!”

And why has it grown? For a number of reasons, he says.

“…From the dismantling of our mental health system, to mandatory minimum sentencing laws….to, of course, drugs. Half the people in federal prison are there on drug charges. And it counts for a quarter of the admissions to state prisons. And, of course, it’s tricky to know how to feel about this because, on the one hand, the war on drugs has completely solved our nation’s drug problem, so that’s good!

“But on the other hand, our drug laws do seem to be a little draconian and a lot racist. Because while white people and African Americans use drug about the same amount, a study has found that african Americans have been sent to prison for drug offenses up to 10 times the amount—-for some utterly known reason.

From there Oliver brought up the prison system’s reluctance to deal with prison rape, the tidy profit made by prison venders—many of whom have been found to boost their bottom line by horrific cuts to basic services, like…um. food—to the inherent unholy conflict of interest that occurs with prison privatization—and more.

In short, the segment is filled with excellent reporting and commentary combined with excellent comedy, all of which serves to illuminate some crucial issues that many of us are unfortunately too content to ignore. Watch and you won’t be sorry.


NEW WEBSITE URGES LA SHERIFF’S DEPARTMENT MEMBERS TO GIVE $$$ SUPPORT TO LASD 6 CONVICTED BY FEDS OF OBSTRUCTION OF JUSTICE

A new website called Support Our 6 has appeared in the past few days, urging LASD members to give monetary support to the six members of the LA Sheriff department who were convicted earlier this month.

(Although the website mentions Deputy James Sexton, whose trial ended with a hung jury but who is being retried by the government in September, it isn’t clear if he is included in the fundraising efforts.)

The site’s organizers contend that the 2 deputies, 2 sergeants and 2 lieutenants were following lawful orders, which was not at all what the jury concluded.

We don’t yet know who is behind the website, but we’ll let you know when we know more.

In the meantime, the organizers’ POV is presented here.

Posted in Jim McDonnell, juvenile justice, LASD, mental health, Mental Illness, prison, prison policy, race, race and class, racial justice | 14 Comments »

This American Life Does the LASD, Garcetti Says Why He Will Do the Right Thing With Border Kids….And More

July 21st, 2014 by Celeste Fremon


THIS AMERICAN LIFE LOOKS AT THE WHEN THE LA SHERIFF’S DEPARTMENT GETS MAD

This past weekend, in a show called “Mind Your Own Business” American Public Radio’s This American Life broadcast a story having to do with The Los Angeles Sheriff’s Department. In particular, they talked about what happened when the FBI began to investigate brutality against inmates at the LA County Jail system, and the sheriff’s department decided they didn’t like being investigated.

Here’s how the segment, produced by Nancy Updike, opened:

There’s been a big, messy, fascinating story unfolding in Los Angeles for awhile… involving two big law enforcement agencies: the LA county sheriff’s department, which is huge, and the FBI. A secret investigation got exposed. There were accusations and counter-accusations, and clandestine recordings, and by the end, a bunch of people’s careers were over.

For the story (which begins shortly after the 30 minute on the podcast) producer Updike interviews LA Times reporter Robert Faturechi. Then she plays excerpts from three of the recordings that were introduced as evidence at the recent federal trial that ended with six members of the LASD being convicted of obstruction of justice.

The first recording she plays is from 2010 in which FBI Special Agent Leah Marx, the lead investigator looking into inmate abuse at the jails, is covertly recording a conversation with Deputy William David Courson (with whom she’s on a semi-date) who told her—among other things—about what he called the “unwritten rules” of how to treat inmates. For instance, he said, “… you learn that any inmate who fights with a deputy goes to the hospital.”

They don’t have to make the first move, he says, they can just be thinking about it.

There’s lots more. So listen.


MAYOR GARCETTI EXPLAINS WHY HE WILL SHELTER ENDANGERED IMMIGRANT KIDS

This weekend, as anti-immigration protestors around the country continqued to oppose any kind of government help for the more than 50,000 unaccompanied kids now detained who have crossed American borders in recent months, Los Angeles Mayor Eric Garcetti talked to Arun Rath of NPR’s Weekend Edition, about his controversial announcement last Tuesday that Los Angeles would help find temporary homes for many of these kids while the courts tried to sort out what to do about the ballooning humanitarian crisis.

Here’re a couple clips from the NPR interview:

RATH: Determining the final status of these children could take a while. Immigration hearings can take years to schedule. This take us sort of beyond housing to, you know, schools, health care, other services. Won’t this seriously strain city resources over the long-term.

GARCETTI: Well, you know, Los Angeles already faces the broken immigration system and its costs when we can’t award scholarships to students who are A-students and have only known the United States but might be undocumented, when we see, you know, emergency room visits and other things. There’s no doubt that there’s been a strain on local budgets, which is why I think we need comprehensive immigration reform. But this is a different issue here. This is an emergency situation. These are kids first and foremost. And then of course, you know, we do have to go through formal procedures on what will happen with them. I would love to see those things accelerated. I would love them to see, you know, a faster path to citizenship for people who already live here. I would love to see our borders secured, but that shouldn’t keep us from action at moments of humanitarian crisis.

[SNIP]

RATH: Mayor, what would be your message to potential immigrants or those who are considering potentially risking their children’s lives to get them to this country?

GARCETTI: Well, I don’t think – the system that we have, it’s very wise. And for me, the reason that I’m reaching out is we have children that are here. But I certainly wouldn’t encourage people to send their children or for children to cross the border. That’s an incredibly dangerous journey. And I’d want people to hear that loud and clear. But just as loud and clear, I think we have an obligation, once we suddenly have children that are in our country here, to be caring about them while we determine their final status.


THIS IS NOT AN IMMIGRATION CRISIS, IT IS A REFUGEE CRISIS

If you are newly grappling with this issue, for one of the quickest, clearest pictures of why the growing number of unaccompanied minors represents a different brand of immigration dilemma, we recommend reading the whole of last Sunday’s NY Times op ed by the Pulitzer-winning author of Enrique’s Journey, Sonia Nazario.

You’ll be missing out if you don’t read the whole chilling—and informative—essay, but here’s the opening to get you started.

Cristian Omar Reyes, an 11-year-old sixth grader in the neighborhood of Nueva Suyapa, on the outskirts of Tegucigalpa, tells me he has to get out of Honduras soon — “no matter what.”

In March, his father was robbed and murdered by gangs while working as a security guard protecting a pastry truck. His mother used the life insurance payout to hire a smuggler to take her to Florida. She promised to send for him quickly, but she has not.

Three people he knows were murdered this year. Four others were gunned down on a nearby corner in the span of two weeks at the beginning of this year. A girl his age resisted being robbed of $5. She was clubbed over the head and dragged off by two men who cut a hole in her throat, stuffed her panties in it, and left her body in a ravine across the street from Cristian’s house.

“I’m going this year,” he tells me.

I last went to Nueva Suyapa in 2003, to write about another boy, Luis Enrique Motiño Pineda, who had grown up there and left to find his mother in the United States. Children from Central America have been making that journey, often without their parents, for two decades. But lately something has changed, and the predictable flow has turned into an exodus. Three years ago, about 6,800 children were detained by United States immigration authorities and placed in federal custody; this year, as many as 90,000 children are expected to be picked up. Around a quarter come from Honduras — more than from anywhere else.

Children still leave Honduras to reunite with a parent, or for better educational and economic opportunities. But, as I learned when I returned to Nueva Suyapa last month, a vast majority of child migrants are fleeing not poverty, but violence. As a result, what the United States is seeing on its borders now is not an immigration crisis. It is a refugee crisis.


TRAINS, AMPUTATIONS AND WHY KIDS ARE ON THE RUN

And for an additional view, read this by another very experienced reporter, the Center for Public Integrity’s Susan Ferris, who writes of what she saw about kids fleeing violence ten years ago when she was based in Latin America for the Atlanta Journal-Consitution, and how much worse things have gotten now.

Ferris also writes about how dramatically different an outcome is likely to be for a child in immigration court— depending upon if he or she has a lawyer, or is without one.

Here’s a clip:

A Syracuse University project known as TRAC released a report this week analyzing more than 100,000 juvenile cases filed in the nation’s immigration courts over the last 10 years. Only 43 percent of kids in these cases were or are currently represented by lawyers who help plead for asylum or another form of legal status, according to TRAC, the acronym for the university’s Transactional Records Access Clearinghouse.

Immigration courts are clogged with backlogs, but juvenile cases only represent about 11 percent of all cases currently pending.

Kids, like adults, do not have the right to the appointment of attorney in immigration proceedings.

But TRAC found that having a lawyer increased the odds that kids would win their claims against deportation: In cases that have been resolved, nearly half the children who had attorneys — 47 percent — were allowed to remain in the United States. When children did not have legal representation, courts allowed only one in 10 to remain here.


SUNDAY, UNACCOMPANIED KIDS WERE THE SUBJECT OF LA’S ANNUAL IMMIGRATION MASS

The LA Times’ Kate Linthicum has that story. Here’s how it opens:

During Sunday Mass at a sunlit cathedral in downtown Los Angeles, a 22-year-old woman stepped timidly to a podium and began her story.

“My name is Dunia Cruz,” she said in Spanish. “I came here from Honduras.”

As she spoke of the gang violence that she said drove her and her toddler son from Central America in April — and of their dangerous journey across Mexico — Cruz was interrupted by bursts of applause.

Her tale resonated with many of the transplants from other countries in the crowded church pews….

Posted in immigration, jail, juvenile justice, LA County Jail, LASD | 9 Comments »

CA Supreme Court Eases Three Strikes Law….Improving Educational Outcomes for Foster Kids….the Case for Creating an LASD Citizens Commission Immediately…and More

July 14th, 2014 by Taylor Walker

IMPORTANT CALIFORNIA HIGH COURT RULING LOOSENS INTERPRETATION OF THREE-STRIKES LAW

Late last week, the California Supreme Court eased the interpretation of the Three Strikes law, ruling that two strikes cannot come from a single offense carrying two felony convictions. In this particular case, a woman received her first and second (of three) strikes for stealing a car, for which she was convicted of carjacking and robbery.

Reuters has more on the ruling. Here’s a clip:

The judges made their ruling in the case of a woman who had been charged with two felonies – carjacking and robbery – for the same offense of stealing a car, saying that the legislature and the voters clearly intended for defendants to have three chances to redeem themselves before they are put away for life.

“The voting public would reasonably have understood the ‘Three Strikes’ baseball metaphor to mean that a person would have three chances – three swings of the bat if you will – before the harshest penalty could be imposed,” Associate Justice Kathryn Werdegar wrote in the court’s opinion, released late on Thursday. “The public also would have understood that no one can be called for two strikes on just one swing.”

The ruling is a significant one, as it has the potential to change the fate of other third-striker inmates who are locked up for life after having picked up multiple strikes for the same offense.

Melanie Dorian, the criminal defense lawyer who represented defendant Darlene A. Vargas in the case, said the ruling could lead to the release of numerous inmates convicted of more than one felony for the same act.

“This is a great case because it clarifies what the ‘Three Strikes’ law means,” Dorian said. “A single criminal act that can technically violate two statutes of the penal code cannot later be used as two strikes.”


CALIFORNIA TO TRACK FOSTER STUDENTS ATTENDANCE AND PROGRESS FOR DISTRICT FUNDING FORMULA

Starting with the 2014-2015 school year, California school districts will count and track foster and low-income students (as well as those learning English as a second language), as part of a new budget formula to give school districts funds to provide better learning experiences to disadvantaged kids. Schools will begin reporting foster kids’ attendance, test scores, and graduation progress—a crucial step toward improving outcomes for the state’s most vulnerable population.

The Associated Press’ Lisa Leff has the story. Here’s a clip:

Until now, no state has attempted to identify every foster child in its public schools or to systematically track their progress, much less funnel funds toward those students or require school districts to show they are spending the money effectively.

That changed in California this month as part of a new school funding formula that will direct billions of extra dollars to districts based on how many students they have with low family incomes, learning to speak English or in foster care.

The state’s 1,043 school systems had to submit plans by July 1 for how they intend to use the funds, a pot projected to reach at least $9.3 billion by 2021, to increase or improve services for those specific student groups.

During the next school year, districts also will have to report on their foster children’s absences, progress toward graduation, standardized test scores and other measures they already maintain for the other two target groups.

The moves are significant for an estimated 42,000 school-age foster children, less than 1 percent of the state’s 6.2 million public school students, said Molly Dunn, a lawyer with the Alliance for Children’s Rights, a Los Angeles-based advocacy group.

It means educators and elected officials have recognized the group is facing unique educational hardships from abuse or neglect, frequent moves and experiences in foster or group homes, Dunn said.

AND WHILE WE’RE ON THE SUBJECT…

The LA Times’ Sandy Banks has a heartening story about Jamilah Sims and her sisters, three resilient foster children who are all heading to college in the fall, and United Friends of the Children, the nonprofit that is helping the Sims sisters and other foster kids go to (and finish) college. Here’s how it opens:

Jamilah Sims became a mother at 14 — just as she was entering foster care for the third time, because of her own mother’s instability.

She and two sisters — the girls are triplets — have grown accustomed to packing up, moving in with strangers, leaving friends, changing schools. They lived in five different foster homes over the years.

But they’re also growing accustomed to a measure of success that’s absent in the typical narrative of foster system teens.

All three graduated from high school last month and are headed for college, with advice, support and financial help from United Friends of the Children, a nonprofit that’s been helping foster children complete college for more than 25 years.

One sister will attend New Mexico State University to study communications. Another will begin working toward a business degree at Santa Monica City College. And Jamilah will be toting her 3-year-old son Carter to Cal State Bakersfield, where she will study to become an anesthesiologist.

The girls were among 187 high school grads from the foster care system whose hard work and good grades were celebrated last month at a ceremony at Walt Disney Concert Hall. Dozens received college scholarships from a pot that totaled more than $1 million.

The graduates’ personal stories reflect parental stumbles, teenage resilience and the collective efforts of families, friends and foster parents, who helped them battle their demons, nurture their talents and endure whatever hardships they could not outrun.

One young woman spent part of her adolescence squatting in abandoned houses; she’s attending Yale this fall. Another was abused by her stepfather and wound up addicted to drugs; she’ll be majoring in psychology at UC Santa Cruz. A young man who never knew his father and was abandoned by his mother will be moving to Spain to study dance at the Institute of the Arts in Barcelona.

Their scholarships will pay for the sorts of things most freshmen take for granted: a suitcase for a student who has never traveled, clothes warm enough for a winter at a Snow Belt college, and, for Jamilah, college textbooks and her very first computer.

No more rushing through homework on the library computer, so she could race to day care in time to pick up her son…


WHY A CITIZENS COMMISSION SHOULD BE CREATED RIGHT AWAY, AND WHAT IT SHOULD LOOK LIKE

In November, the LA County Board of Supervisors chose Max Huntsman to fill the new role of Inspector General for the sheriff’s department. The Supes haven’t yet figured out what kind of access to confidential department documents Hunstman will have. (More about that here.)

At the same time, the Supervisors are considering forming a separate citizens commission to watch over the department. Both IG Huntsman and interim Sheriff John Scott have advised the board against forming the commission before a new sheriff takes control of the sheriff’s dept. in November. (We at WLA are glad that sheriff-frontrunner Jim McDonnell is in favor of establishing a citizen’s commission.)

An LA Times editorial says the commission should be created immediately, in combination with the Office of Inspector General—not as an “afterthought,” so that the two work together to oversee the department. Here are some clips:

…in creating the IG position, the supervisors withheld two vital features: a set term of office and protection from being fired without good cause.

It is now clear that the board should set up the commission right away, even as it completes the build-out of the inspector general’s office. To do otherwise — to determine the inspector general’s scope of access to internal sheriff’s department documents and to decide whether the IG will have something tantamount to an attorney-client relationship with the sheriff, the board or the county — would be senseless without first knowing whether the IG will report to an oversight body. A commission would become an afterthought to an inspector general who already would have established protocols and privileges. Those properly should be hammered out in cooperation with the commission.

The board should make it clear now that it will establish a citizens oversight commission to work in tandem with the inspector general, with both parts and the Board of Supervisors being interlinked gears in an integrated oversight mechanism.

[SNIP]

The citizens oversight commission should instead have nine members, with five board appointees supplemented by four either picked by the first five from a pool of names assembled, perhaps, by Superior Court judges or mayors from the county’s contract cities in consultation with community advocates, or directly appointed by authorities outside the ambit of either the sheriff or the Board of Supervisors.

Members should serve staggered, non-renewable terms, much like the Los Angeles City Ethics Commission. They should be exempt from removal — and therefore from political pressure — by the appointing authority or anyone else absent a showing of good cause. The number of appointees, the diversity of the appointing authorities and restrictions on tenure and removal would allow the commission to operate with necessary independence without becoming a runaway jury. It would keep commissioners from being either puppets or persecutors.

Read the rest.


HAWAII PASSES JUVENILE ANTI-RECIDIVISM BILL, IS ALREADY REINVESTING EXPECTED SAVINGS ON REHABILITATION

Earlier this month, Hawaii Governor Neil Abercrombie signed two meaningful juvenile justice bills into law. One bill ended life without parole sentences for kids. The other is an anti-recidivism bill that will require corrections officers to write “reentry plans” before releasing incarcerated kids, and also changes juvenile probation requirements.

The state is so optimistic that the legislation will successfully lower recidivism, that it has already begun spending a portion of estimated savings on rehabilitative programs.

The Washington Post’s Hunter Schwarz has the story. Here’s a clip:

Hawaii, where 75 percent of youths released from the state’s juvenile correctional facility are sentenced or convicted again within three years, is trying to crack down on recidivism.

Gov. Neil Abercrombie signed a bill Thursday aimed at reducing the state’s juvenile facility population by over half in five years. HB2490 calls for justice system officials to write “reentry plans” before juveniles are released from correctional facilities and revises probation requirements.

Should the plan successfully lower recidivism rates, Hawaii could save an estimated $11 million, the governor’s office said. The state is already betting on it, investing $1.26 million from its anticipated savings in “proven programs” like mental health and substance abuse treatment.

Posted in Education, Foster Care, Inspector General, juvenile justice, LA County Board of Supervisors, LASD, LWOP Kids, Reentry | No Comments »

Sen. Rand Paul and Cory Booker Team Up on Criminal Justice Reform…Filmmaking for Disadvantaged Kids…ACLU Sues Over Lack of Representation for Immigrant Kids…and More

July 10th, 2014 by Taylor Walker

CRUCIAL BIPARTISAN JUVENILE AND CRIMINAL JUSTICE REFORM BILL

On Tuesday, the unlikely combination of Senators Rand Paul (R-KY) and former mayor of NJ, Cory Booker (D-NJ), reached across the aisle to introduce an important, and far-reaching criminal justice reform bill. The REDEEM Act would give states incentives to raise the age of criminal responsibility to 18-years-old, and ban the use of solitary confinement on kids except in extreme circumstances.

The bill would also expunge the records of kids under 15 who have committed non-violent crimes, and seal the records of kids between the ages of 15-17, as well as create a “path” for non-violent adult offenders to petition to have their records sealed.

REDEEM would also lift the bans on federal welfare for low-level drug offenders.

Here’s a clip from Sen. Rand Paul’s website:

The REDEEM Act will give Americans convicted of non-violent crimes a second chance at the American dream. The legislation will help prevent youthful mistakes from turning into a lifetime of crime and help adults who commit non-violent crimes become more self-reliant and less likely to commit future crimes.

“The biggest impediment to civil rights and employment in our country is a criminal record. Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration. Many of these young people could escape this trap if criminal justice were reformed, if records were expunged after time served, and if non-violent crimes did not become a permanent blot preventing employment,” Sen. Paul said.

“I will work with anyone, from any party, to make a difference for the people of New Jersey and this bipartisan legislation does just that,” Sen. Booker said. “The REDEEM Act will ensure that our tax dollars are being used in smarter, more productive ways. It will also establish much-needed sensible reforms that keep kids out of the adult correctional system, protect their privacy so a youthful mistake can remain a youthful mistake, and help make it less likely that low-level adult offenders re-offend.”


LA FILM PROGRAM FOR UNDERPRIVILEGED TEENS AND YOUNG ADULTS

A film program through Southern California Crossroads empowers underprivileged teens and young adults in LA by teaching them the art of filmmaking.

Crossroads, a non-profit with other education reentry services, partners with the Tribeca Film Institute in NY and St. Francis Medical Center in Lynwood to give teens, who often feel unheard, a voice, and a medium for tackling difficult issues.

The LA Times’ Caitlin Owens has more on the program. Here’s how it opens:

As a child, Darlene Visoso tried to protect herself from the harsh words she endured from her father’s girlfriend by shutting off her emotions.

Until her early years of high school, she dealt with her pain, anger and insecurity by ignoring her feelings.

“I kind of went into a phase where I was like, what’s the point of feeling? What’s the point of laughing if you’re going to cry? What’s the point of crying if it’s non-ending emotion?” she said.

Though the girlfriend and her father have since split up, Darlene, now 17 and a recent graduate of South Gate High School, made a short film about her experiences titled “Learning to Feel.” She wrote it and played a part, starring as a girl who must learn to express her emotions after the death of her best friend.

The film was created through one of several programs run by Southern California Crossroads, a nonprofit group that aims to help underprivileged youths in violence-plagued communities. The film program, in partnership with the New York-based Tribeca Film Institute and St. Francis Medical Center in Lynwood, allows students to confront social issues in their communities and their lives.

The topics addressed in the short films include such things as bullying, gun and gang violence, acceptance and self-identity. Saul Cervantes, a teacher with Crossroads, said filmmaking gives students a way to communicate.

“They feel like whatever they go through, they have to say it’s not really important,” he said. “This gives us an opportunity to show them a way to have a voice.”

Crossroads was formed in 2005 to help youths avoid violence, intervene in crisis situations and provide reentry services for those with criminal records. Although the heart of the program is education and employment, Crossroads offers mentoring, case management, tattoo removals and the film program.

It serves 18- to 24-year-olds who have dropped out of high school or have a criminal background…

Read on.


ACLU AND OTHERS SUE FEDS FOR NOT PROVIDING ATTORNEYS TO KIDS IN DEPORTATION HEARINGS

On Wednesday, the SoCal ACLU (and other groups) filed a class action law suit against the federal government on behalf of thousands of immigrant kids being shuffled through immigration court proceedings without any legal representation. The SoCal ACLU is joined by American Immigration Council, Northwest Immigrant Rights Project, Public Counsel and K&L Gates LLP in the suit.

Here are some clips from the ACLU of Southern California’s website:

Each year, the government initiates immigration court proceedings against thousands of children. Some of these youth grew up in the United States and have lived in the country for years, and many have fled violence and persecution in their home countries. The Obama administration even recently called an influx of children coming across the Southern border a “humanitarian situation.” And yet, thousands of children required to appear in immigration court each year do so without an attorney. This case seeks to remedy this unacceptable practice.

“If we believe in due process for children in our country, then we cannot abandon them when they face deportation in our immigration courts,” said Ahilan Arulanantham, senior staff attorney with the ACLU’s Immigrants’ Rights Project and the ACLU Foundation of Southern California. “The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone.”

[SNIP]

Kristen Jackson, senior staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, added, “Each day, we are contacted by children in desperate need of lawyers to advocate for them in their deportation proceedings. Pro bono efforts have been valiant, but they will never fully meet the increasing and complex needs these children present. The time has come for our government to recognize our Constitution’s promise of fairness and its duty to give these children a real voice in court.”

The complaint charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review and Office of Refugee Resettlement with violating the U.S. Constitution’s Fifth Amendment Due Process Clause and the Immigration and Nationality Act’s provisions requiring a “full and fair hearing” before an immigration judge. It seeks to require the government to provide children with legal representation in their deportation hearings.


BUT WILL THE LAWSUIT CAUSE FURTHER DELAYS IN IMMIGRATION PROCEEDINGS THAT COULD ALSO BE HARMFUL TO SOME OF THESE KIDS?

EDITOR’S NOTE: The LA Times’ Hector Becerra has a story that questions whether the ACLU lawsuit will help or harm, pointing out that it will likely cause further delays in an already grossly overburdened system. Becerra’s story makes some interesting and valid points. Many kids who are here without documents are going to be repatriated no matter what, and the requirement for representation will likely only slow down an already glacial process.

But what of the kids who have legitimate reasons to ask for asylum or who have other extenuating circumstances that genuinely should be considered? Will their cases be adjudicated fairly by swamped judges if they don’t have the benefit an advocate? They are, after all, children. Will they get due process if they are their own sole representatives?

This is a complex matter, where there may be no perfect answer. But legal representation is an important tenet of our justice system. Let us not be too quick to dismiss the call for it for immigrant children simply because it may turn out to be inconvenient.


SENTENCING REFORM AND PUSHBACK FROM PROSECUTORS

NPR’s Morning Edition takes a look at the red states that are leading the pack on sentencing reform—Louisiana, in particular—and opposition from local prosecutors via plea bargain tactics. (As for California, we are sorely in need of sentencing reform.)

Here are some clips from the transcript, but do go listen to the episode:

Some red states like Louisiana and Texas have emerged as leaders in a new movement: to divert offenders from prisons and into drug treatment, work release and other incarceration alternatives.

By most counts, Louisiana has the highest incarceration rate in the country. In recent years, sentencing reformers in the capital, Baton Rouge, have loosened some mandatory minimum sentences and have made parole slightly easier for offenders to get.

But as reformers in Louisiana push for change, they’re also running into stiffening resistance — especially from local prosecutors.

It’s all happening as the number of Americans behind bars has started to decline. There are multiple reasons for that, including crime rates that have been dropping since the 1990s, as well as the impact of the Supreme Court’s 2011 requirement that tough-on-crime California reduce its prison population.

And there’s another factor: a growing bipartisan consensus for sentencing reform. Local politicians are getting political cover for those efforts from conservative groups like Right on Crime.

“It is a growing consensus on the right that this is the direction we want to be going,” says Kevin Kane, of the libertarian-leaning Pelican Institute for Public Policy in Louisiana. “Most people will point to, ‘Well, it’s saving money, and that’s all conservatives care about.’ But I think it goes beyond that.”

Kane says libertarians are interested in limiting the government’s power to lock people away, while the religious right likes the idea of giving people a shot at redemption — especially when it comes to nonviolent drug offenders.

Still, not everyone is embracing these ideas. In some places, there’s been considerable pushback — especially when the idea of eliminating prison time for drug offenders arises.

In Lafayette, La., the sheriff’s department has reinvented its approach to drug offenders. Marie Collins, a counselor by trade, runs the department’s treatment programs. She estimates at least 80 percent of the people in the parish jail got there because of substance abuse.

“The concept of, ‘Let’s lock them up and throw away the key,’ does nothing for society and does nothing for us, because you haven’t taught them anything,” she says.

So there’s counseling offered inside this jail. The sheriff’s staff is also constantly scanning the jail’s population for nonviolent inmates it can release early into the appropriate programs on the outside.

One option is the Acadiana Recovery Center right next door, a treatment program run by Collins and the sheriff’s department — though the staffers play down their connection to law enforcement. In fact, you can seek treatment there even if you’ve never been arrested.

“If we can be proactive and provide the treatment before they get to jail, it’ll actually cost us less money,” Collins says.

Arguments like that are making headway at the state level. But reformers in Baton Rouge are also experiencing pushback. By most counts, the state has the highest incarceration rate in the country, and there’s a traditional preference for long sentences.

[SNIP]

The vast majority of criminal cases in America are resolved through plea bargains. Defendants plead guilty out of fear of getting a worse sentence if they don’t. Plea bargains jumped above 90 percent in the 1980s and ’90s, in part because a wave of harsh new sentences for drug offenses strengthened prosecutors’ hands when bargaining with defendants.

“For a DA to have the ability to dangle over someone’s head 10, 20 years in jail, that provides them with tremendous leverage to pretty much get whatever they want,” says Louisiana State Sen. J.P. Morrell, a Democrat from New Orleans and former public defender.

Posted in ACLU, juvenile justice, Sentencing, solitary, The Feds, Uncategorized, Youth at Risk | No Comments »

CA to Spend BIG $$ on Youth Lock-ups. So Can We spend it Well?…..”Getting Life” – What It’s Like to Be Wrongfully Convicted…….

July 9th, 2014 by Celeste Fremon


CALIFORNIA PLANS TO SPEND $79 MILLION ON YOUTH, & ADVOCATES PRESS FOR $$ TO GO TO COUNTIES WITH CLEAR REHAB GOALS

Right now the California Board of State & Community Corrections (BSCC) is working on structuring an RFP so that it can give away $79 million to various counties in the state for the construction of new juvenile facilities.

The $79 mil is the second round of post-realignment funding for county youth lock-ups; $220 million has already been awarded to 14 California counties.

With this new round of money, research and advocacy organizations like the Center on Juvenile and Criminal Justice (CJCJ), the National Center for Law, and the Ella Baker Center see a rare opportunity to stimulate reform through the enticement of funding, so have been trying to educate and persuade the BSCC about what kind of youth facilities are likely to produce the best results.

According to Kate McCracken, CJCJ’s Director of Policy & Development, the the BSCC’s Executive Steering Committee, which is responsible for developing the crucial RFP, has “demonstrated openness” to crafting a competitive process would give the edge to county proposals that are designed with “clear rehabilitative goals.”

Ideally, McCracken writes, “the language of this RFP will guide the way counties develop their own proposals, and is thus essential to the development of long-term dispositional options and rehabilitative services available to young people in the community.”

Thus she hopes “the RFP will be rooted in what we know works for young people.”

“Research has proven time and time again that facilities are not effective when they have artificial environments, living quarters designed to confine large numbers of youth, and minimal programming space. If California is going to spend $79 million dollars — plus matching funds from the counties — on more juvenile facilities, let’s do it in a meaningful way.”

Some counties, like Santa Clara and Santa Cruz, are already committed to juvenile programs that emphasize rehabilitation and treatment over conventional youth corrections facilities.

Los Angeles County, which has the state’s (and the nation’s) largest juvenile justice system, was stuck for years in a punitive pattern that has resulted in years of federal monitoring along several class action lawsuits. Now LA County’s juvenile probation is moving toward some reform, with such programs as the in-the-works transformation of Camp David Kilpatrick. But, the tentative move in the direction of rehabilitation over containment is nothing close to system-wide.

If the purse-string-holding BCSC were to make clear that future $$ will be linked to reform, such fiscal incentives cannot help but have a salutary effect on counties like Los Angeles and others that may have made some improvements, but need to make many more.

“The future of California’s juvenile justice system is in the 58 counties,” writes McCracken, “as we observe pockets of innovation throughout the state that require support and incubation in other counties. There is significant evidence that a continuum of community-based services is the most effective approach to serving youth, as well as promising programs available to promote a new way of justice in California. This RFP is just one example of an opportunity for the state to rethink its approach to justice and challenge the status quo with innovative development.”

Yep. Exactly.


CHP HEAD MEETS WITH CIVIL RIGHTS LEADERS OVER FREEWAY BEATING VIDEO

Concerned about a building furor over the bystander-taken video of a California Highway Patrol officer beating a woman next to the 10 freeway, on Tuesday, CHP head Joe Farrow met Tuesday with civil rights leaders.

KPCC’s Frank Stolze has the story. Here’s a clip:

In an indication of the agency’s increasing concern over the videotaped altercation between an officer and an African-American woman on the 10 Freeway, California Highway Patrol Commissioner Joe Farrow met Tuesday with civil rights leaders in Los Angeles.

“I believe that right now, we are somewhat wounded because of what people have seen,” Farrow told reporters afterward outside the CHP’s West L.A. office. “I was deeply concerned when I saw the videotape. I was shocked.”


AN INNOCENT MAN TELLS OF HIS 25-YEARS BEHIND BARS, AND MORE

Michael Morton’s memoir, “Getting Life: An Innocent Man’s 25-Year Journey From Prison to Peace,” about the wrongful conviction that led him to serve a quarter century in prison for murdering his wife, has just been released to reviews that, thus far, are uniformly glowing.

For instance, here’s a clip from the review by Jesse Sublett of the Austin Chronicle:

Even for readers who may feel practically jaded about stories of injustice in Texas – even those who followed this case closely in the press – could do themselves a favor by picking Michael Morton’s new memoir, Getting Life: An Innocent Man’s 25-Year Journey From Prison to Peace. It is extremely well-written, insightful, infuriating, and, in places, quite funny. The “peace” part of the title is no exaggeration, either. For everything he’s been through, Michael Morton seems to be a very well-adjusted person with a sense of Zenlike calm…

Morton’ wife, Chris, was bludgeoned in their bed while he was at work. When he returned home to find the family home surrounded by yellow police tape he became frantic. Morton was arrested soon after and railroaded by Williamson County D.A. Ken Anderson, who withheld crucial information and documents from the defense. Morton was eventually cleared by the Innocence Project using DNA evidence. After that, the DNA led officials to the actual killer.

Here’s a clip from what NY Times columnist Nicholas Kristof said about Morton’s book:

A great deal has been written about the shortcomings of the American criminal justice system, but perhaps nothing more searing than Morton’s book, “Getting Life.” It is a devastating and infuriating book, more astonishing than any legal thriller by John Grisham, a window into a broken criminal justice system.

Indeed, Morton would still be in prison if the police work had been left to the authorities. The day after the killing, Chris’s brother, John, found a bloodied bandanna not far from the Morton home that investigators had missed, and he turned it over to the police.

Morton had advantages. He had no criminal record. He was white, from the middle class, in a respectable job. Miscarriages of justice disproportionately affect black and Hispanic men, but, even so, Morton found himself locked up in prison for decades.

Then DNA testing became available, and the Innocence Project — the lawyers’ organization that fights for people like Morton — called for testing in Morton’s case. Prosecutors resisted, but eventually DNA was found on the bandanna: Chris’s DNA mingled with that of a man named Mark Alan Norwood, who had a long criminal history….

Parade Magazine has an excerpt from “Getting Life”.

Here’s an excerpt from the excerpt:

The door closed.

Not with a click or the sound of tumblers finally hitting their marks or the sturdy clunk of wood and metal meshing as if they were made for each other.

This was different.

It began with the long, hard sound of steel sliding against steel.

Like a train, the heavy door built speed as it barreled along its worn track, the portal to the real world growing smaller as the barrier of thick and battered bars roared into place.

It locked with a cold, bone-shaking boom that rattled me— literally—me, the guard outside my door, and any other inmates unlucky enough to be nearby.

I was alone in my cell, alone in the world, as alone as I had ever been in my life.

And I would stay there—alone—listening to that door close, over and over and over again, for the next twenty-five years.

Twenty-five years.

My wife, Chris, had been savagely beaten to death several months earlier. Before I had time to begin mourning, I was fighting for my own life against a legal system that seemed hell-bent on making me pay for the murder of the woman I would gladly have died for.

I was innocent.

Naïvely, I believed the error would soon be set right.

I could not have been more wrong.


Posted in American voices, Innocence, juvenile justice, LA County Jail, Probation, Realignment, State government, writers and writing | No Comments »

Childhood Trauma Often Mistaken for ADHD….The Feds Officially to Retry Sexton…..The Question of Charlie Beck’s 2nd Term…NY Wants to Raise Age of Criminal Responsibility

July 8th, 2014 by Celeste Fremon


HOW CHILDHOOD TRAUMA IS OFTEN MISTAKEN FOR ADHD

One in nine U.S. Children are diagnosed with ADHD—attention deficit/hyperactivity disorder. There have been many theories as to the reason for this consistent rise in the prevalence of the disorder. Now researchers are beginning to wonder if perhaps inattentive, hyperactive, and impulsive behavior is often not ADHD at all, but a mirror of the effects of trauma and stress—a form of PTSD—that is misdiagnosed when pediatricians, psychiatrists, and psychologists are simply going for the familiar label rather than seeing the true underlying cause.

Rebecca Ruiz delves into the issue in a story that has been co-published by The Atlantic and Aces Too High. It’s a must read.

Here’s a clip:

Dr. Nicole Brown’s quest to understand her misbehaving pediatric patients began with a hunch.

Brown was completing her residency at Johns Hopkins Hospital in Baltimore, when she realized that many of her low-income patients had been diagnosed with attention deficit/hyperactivity disorder (ADHD).

These children lived in households and neighborhoods where violence and relentless stress prevailed. Their parents found them hard to manage and teachers described them as disruptive or inattentive. Brown knew these behaviors as classic symptoms of ADHD, a brain disorder characterized by impulsivity, hyperactivity, and an inability to focus.

When Brown looked closely, though, she saw something else: trauma. Hyper-vigilance and dissociation, for example, could be mistaken for inattention. Impulsivity might be brought on by a stress response in overdrive.

“Despite our best efforts in referring them to behavioral therapy and starting them on stimulants, it was hard to get the symptoms under control,” she said of treating her patients according to guidelines for ADHD. “I began hypothesizing that perhaps a lot of what we were seeing was more externalizing behavior as a result of family dysfunction or other traumatic experience.”

[SNIP]

Dr. Kate Szymanski came to the same conclusion a few years ago. An associate professor at Adelphi University’s Derner Institute and an expert in trauma, Szymanski analyzed data from a children’s psychiatric hospital in New York. A majority of the 63 patients in her sample had been physically abused and lived in foster homes. On average, they reported three traumas in their short lives. Yet, only eight percent of the children had received a diagnosis of post-traumatic stress disorder while a third had ADHD.

“I was struck by the confusion or over-eagerness–or both–to take one diagnosis over another,” Szymanski says. “To get a picture of trauma from a child is much harder than looking at behavior like impulsivity, hyperactivity. And if they cluster in a certain way, then it’s easy to go to a conclusion that it’s ADHD.”


IT’S OFFICIAL NOW: THE FEDS WILL RETRY SEXTON

In a hearing held at 3 pm Monday in front of Judge Percy Anderson, Prosecutor Brandon Fox announced that, yes, the government had decided to go another round in trying Los Angeles Sheriff’s Deputy James Sexton for obstruction of justice for his part in allegedly hiding inmate and federal informant Anthony Brown from any and all federal officials.

The trial is set to begin on September 9, 2014.

Fox also notified the judge of his intent to file a motion limiting testimony on Sexton’s contacts and cooperation with the FBI, which the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.

The defense is likely to argue that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made incriminating statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded.

We will know what the judge rules later this summer.

Three more federal trials of LASD department members, all of them indicted for brutality and corruption in the LA County Jails, are scheduled for the coming year, according to the US Attorney’s Office.

In a case that will come to trial November 4, 2014, Deputies Joey Aguiar and Mariano Ramirez are accused of punching, kicking and pepper spraying an inmate who was handcuffed and shackled with a waist chain, then lying about their actions in a report that, in turn, caused the inmate to be falsely criminal charged.

In a case that will come to trial January 13, 2015, deputies Bryan Brunsting and Jason Branum are charged in a six-count indictment with civil rights violations, assault and making false statements in reports. The indictment also alleges (among other things) that Brunsting, a training officer, frequently used deputies whom he was training to file reports that covered up abuse. The victims were inmates at the Twin Towers Correctional Facility.

A third jail brutality trial is scheduled for March 3. This indictment charges a sergeant and four deputies with civil rights violations, alleging that Sergeant Eric Gonzalez, and deputies Sussie Ayala, Fernando Luviano, Pantamitr Zunggeemoge, and Noel Womack, arrested or detained five victims—-including the Austrian consul general—–when they arrived to visit inmates at the Men’s Central Jail in 2010 and 2011. In one of the four incidents, the victim suffered a broken arm and a dislocated shoulder that has left him permanently disabled. In another incident, the Austrian consul general and her husband were handcuffed and detained.

The six department members convicted last week will be sentenced on September 8, 2014.

Deputy Gilbert Michel, of the phone smuggling case, will be sentenced on September 15, 2014.


AFTER BUMPY PERIOD WITH CIVILIAN BOSSES, LAPD CHIEF CHARLIE BECK IS BACK ON SOLID GROUND

It was assumed that popular LA Chief of Police Charlie Beck would easily get a second term at the job. Then this spring, the LA Police Commissioners started to express concerns about a series of controversies. Between then and now, Beck has done much to mend and strengthen relationships, and thus he seems once again back on solid footing.

He wants a second term because he has a lot more to do, he says. Now it reportedly looks as though he’s going to get one—which is as it should be. (Firm constructive criticism is one thing, however, replacing Charlie Beck at this juncture would have been, in our opinion, unnecessary and destructive.)

The LA Times Joel Rubin has the details on this story of how things got off track, and now are back on. Here are some clips:

Charlie Beck received a blunt message from one of his civilian bosses as he prepared to request a second term as chief of the Los Angeles Police Department: He was no longer a shoo-in for the job.

Police Commissioner Paula Madison demanded a meeting with Beck in April and told him she was concerned about a recent string of controversies and his apparent lack of transparency with the five-member oversight panel he reports to.

“When I stepped into this role, I didn’t expect that we would be looking for a new police chief, but now we may need to consider it,” Madison recalled telling Beck.

Other commissioners shared her concerns. Some were displeased enough with Beck that they alerted Mayor Eric Garcetti, who appoints the commissioners and wields considerable influence on their decision. The mayor, in turn, summoned the chief.

[SNIP]

Before the recent tension with his bosses, Beck had cruised relatively unscathed through his first term in a period of relative calm for the scandal-prone LAPD. Beck established himself as a capable leader and oversaw continued declines in crime, according to department statistics.

He guided the department through budget cuts that included the near elimination of cash to pay officers for overtime. As many of the department’s roughly 10,000 officers accumulated hundreds of hours of unpaid overtime, Beck oversaw a plan that forced large numbers of them to take time off each month in lieu of being paid cash. The strategy strained resources as Beck and his commanders scrambled to make do with a depleted force.

Beck, when he thought it was necessary, did not shy from confrontations with his officers and the union that represents them.

[SNIP]

Decisions Beck made on discipline set off his recent clash with the commission. In February, he opted not to punish a group of officers involved in a flawed shooting, which drew a public challenge from Soboroff. A few weeks later, members of the oversight board, along with many officers, criticized the chief for not firing Shaun Hillmann, a well-connected cop who was caught making racist comments.

Those controversies were followed the next month by revelations that officers in South L.A. had been tampering with recording equipment in patrol cars to avoid being monitored. Commissioners demanded to know why Beck had left them in the dark about the matter and questioned whether the chief was committed to working with his civilian bosses….

Read on.


NEW YORK GOVERNOR DETERMINED TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY

Supporters of raising the age of criminal responsibility in New York have science and statistics on their side when it comes to the reasons to avoid trying most youth as adults, but will they manage to get legislation passed to actually raise the age?

Roxanna Asgarian from the Juvenile Justice Information Exchange explores the pros and cons of raising the age in New York.

Here’s a clip:

In April, Gov. Andrew Cuomo announced the members of the Commission on Youth, Public Safety and Justice, created in part to address raising the age of criminal responsibility. Today, New York and North Carolina are the only two states where young people 16 and older are automatically treated as adults.

“Our juvenile justice laws are outdated,” Cuomo said in his State of the State address this year. “It’s not right, it’s not fair — we must raise the age.”

The commission is tasked with serving up concrete recommendations about raising the age and juvenile justice reform by December. Alphonso David, the governor’s deputy secretary of civil rights, said the commission has to strike a balance.

“When we think about criminal justice reform we are addressing two platforms: reducing recidivism and ensuring public safety,” David said. “We are very focused on advancing both objectives, so recommendations would likely factor in both goals.”

Posted in Charlie Beck, FBI, juvenile justice, LA County Jail, LAPD, LASD, PTSD, Sheriff Lee Baca, Trauma, U.S. Attorney | 2 Comments »

LA Foster Care Documentary, Los Angeles DA Calls for Split-Sentencing, Solitary Confinement and Kids’ Brains, and LASD Oversight

July 3rd, 2014 by Taylor Walker

WATCH THIS TONIGHT: LOS ANGELES FOSTER CARE DOCUMENTARY ON OPRAH WINFREY NETWORK

Tonight (Thursday) at 7:00, the Oprah Winfrey Network (OWN) will air an episode of “Our America with Lisa Ling,” exploring foster care in Los Angeles County and the children, families, and foster parents involved in the system.

In his publication, the Chronicle of Social Change, Daniel Heimpel tells us more about the documentary episode, which he co-produced, and why media access, when used to child dependency court proceedings is so important. Here’s a clip:

On Thursday July 3, the Oprah Winfrey Network will air an episode of its acclaimed docu-series “Our America with Lisa Ling,” which focuses on Los Angeles County’s foster care system. It is important to me, because as a co-producer I worked very hard to make sure that we were granted access to a world often cloaked in confidentiality.

[SNIP]

[In March,] a California appeals court struck down a court order issued by Los Angeles County Juvenile Court Presiding Judge Michael Nash, which had substantially eased media access to the largest juvenile dependency system in the nation. And despite spirited editorials by John Diaz of The San Francisco Chronicle calling for legislation that would, like Nash’s order, ease media access, no politician has stepped forward to take up the issue.

Of course, there is reason for caution. Children who have already been traumatized can be forever scarred by irresponsible media coverage. The potential costs to individual children supersedes the potential social good that exposing these systems to public scrutiny would bring, or so the argument goes.

And when journalists continue to chase the most salacious child welfare stories, it is understandable that attorneys and other child advocates are loathe to let the notebooks and cameras in. The media is hard to trust.

So into that absence of trust, I, alongside the incredible production team from Part 2 Pictures, which produces Our America, stepped lightly and came away with incredible access and an under-told story.

When you watch this episode on Thursday night, you will see what that access has won, and what we have chosen to do with it. You will see a simple, honest depiction of what the largest child welfare system in this country is up against; what every child welfare system in the country is up against. You will see, I hope, a picture not painted in black and white or even a scale of grays, but rather a story filled with color, vibrancy and the promise that the best in people can be forced to the surface by the hardest of moments.


LOS ANGELES TO (FINALLY) BOOST USE OF SPLIT SENTENCING—THANKS, DA JACKIE LACEY!

Los Angeles District Attorney Jackie Lacey has instructed attorneys in her office to begin seeking split-sentences—sentences “split” into part jail time, part probation—for certain low-level felons convicted under California’s AB 109 public safety realignment.

This is certainly welcome news, as the jail system is hazardously overcrowded and Los Angeles is far behind other counties successfully implementing split-sentencing and reducing their jail populations.

KPCC’s Rina Palta has the story. Here’s a clip:

Lacey said part of her reasoning for the policy shift is due to changes under prison realignment, the state’s policy that shifts responsibility for lower-level would-be state prison inmates to California’s counties.

Previously, nearly everyone leaving prison went on parole for one to three years. Now, that same population upon leaving jail gets released to the community without any supervision.

That is, unless they’re sentenced to split time.

“It makes sense that we utilize this tool in order to make sure they successfully reintegrate into society and don’t commit any new crimes,” Lacey said.

While some counties (including many with limited jail space) have embraced split sentencing — such as Riverside County and Contra Costa County, which sentence 74 percent and 92 percent respectively of their lower-level felons to half time in jail and half time on supervised release — L.A. County’s rate has hovered between 4 to 5 percent.

[SNIP]

Probation Chief Jerry Powers said he’s not sure how many new offenders will be coming his way, but his department can handle it.

“Having the district attorney say that she’s going to look at this and she’s not opposed to it is important,” Powers, who has pushed for more split sentencing in L.A. County said. “But you still have to get the judge to impose it. It’s progress.”


MORE ON THE DAMAGING (AND STILL WIDESPREAD) USE OF SOLITARY CONFINEMENT ON KIDS

The Atlantic’s Laura Dimon has an excellent story on the use of solitary confinement on kids in the US—the disastrous effects on young brains, and the continued use of isolation in spite of increasing research and opposition. Here are some clips:

Solitary confinement involves isolating inmates in cells that are barely larger than a king-sized bed for 22 to 24 hours per day. It wreaks profound neurological and psychological damage, causing depression, hallucinations, panic attacks, cognitive deficits, obsessive thinking, paranoia, anxiety, and anger. Boston psychiatrist Stuart Grassian wrote that “even a few days of solitary confinement will predictably shift the EEG pattern towards an abnormal pattern characteristic of stupor and delirium.”

If solitary confinement is enough to fracture a grown man, though, it can shatter a juvenile.

One of the reasons that solitary is particularly harmful to youth is that during adolescence, the brain undergoes major structural growth. Particularly important is the still-developing frontal lobe, the region of the brain responsible for cognitive processing such as planning, strategizing, and organizing thoughts or actions. One section of the frontal lobe, the dorsolateral prefrontal cortex, continues to develop into a person’s mid-20s. It is linked to the inhibition of impulses and the consideration of consequences.

Craig Haney, a professor of psychology at the University of California Santa Cruz, has been studying the psychological effects of solitary confinement for about 30 years. He explained that juveniles are vulnerable because they are still in crucial stages of development—socially, psychologically, and neurologically.

“The experience of isolation is especially frightening, traumatizing, and stressful for juveniles,” he said. “These traumatic experiences can interfere with and damage these essential developmental processes, and the damage may be irreparable.”

[SNIP]

The ACLU said that just hours of isolation “can be extremely damaging to young people.” In December 2012, the Attorney General’s National Task Force on Children Exposed to Violence issued a report that read, “Nowhere is the damaging impact of incarceration on vulnerable children more obvious than when it involves solitary confinement.”

They noted that among suicides in juvenile facilities, half of the victims were in isolation at the time they took their own lives, and 62 percent had a history of solitary confinement.

The task force requested that the practice be used only as a last resort and only on youths who pose a serious safety threat. The UN expert on torture went further and called for an “absolute prohibition [of solitary confinement] in the case of juveniles,” arguing that it qualified as “cruel, inhuman, and degrading treatment.”

In April 2012, the American Academy of Child and Adolescent Psychiatry issued a statement saying they concurred with the UN position. “In addition, any youth that is confined for more than 24 hours must be evaluated by a mental health professional, such as a child and adolescent psychiatrist when one is available,” they wrote.

Despite these declarations, there are about 70,000 detained juveniles in the U.S., 63 percent of whom are nonviolent. And in 2003—the most recent survey data available—35 percent had been held in isolation. More than half of them were isolated for more than 24 hours at a time.


WHAT THE SHERIFF DEPARTMENT NEEDS, MOVING FORWARD

On Tuesday, jurors found six LASD officers guilty of deliberately getting in the way of a federal grand jury investigation into widespread brutality and corruption in the LA County jail system. After the verdict, U.S. Attorney Andre Birotte talked about the “toxic culture” within the Sheriff’s Department.

An LA Times editorial says that the issue here is not the criminal actions of deputies, but instead, the structure of a department with an elected sheriff who has no accountability to the citizens who put him in office. The editorial calls, once again, for a civilian oversight commission to “create an incentive to act wisely.” Here are some clips:

…whose idea was this whole scheme in the first place? Was top management at the department so lax or vague that deputies felt entitled to come up with such a plan on their own? Or, as the defense argued, were they instead following direct orders from their superiors, including, perhaps, then-Sheriff Lee Baca? And if they were following orders, did they believe that their only possible courses of action were to commit crimes or give up their careers?

Any of those possibilities, and a dozen more besides, underscore the central problem at the Sheriff’s Department: not deputies committing crimes, although that is one especially troubling manifestation of the problem, nor deputies beating inmates, although that’s one result of it, but rather that unaccountable management of a paramilitary organization embodied in an elected sheriff with no effective civilian oversight and few limits on his powers is an invitation to abuse.

[SNIP]

…any sheriff, no matter the degree of his or her integrity or ability, must operate within a structure that creates an incentive to act wisely. And legally. Criminal prosecution of officials should not be considered one of the basic checks or balances on power, but rather an indication that those safeguards have failed and need repair.

The six convicted sheriff’s personnel might not have brought their misgivings, if they had any, to an oversight commission, if one had existed, so it’s impossible to demonstrate that such a panel would have prevented the crimes. But they might have. And either way, its presence would have reminded the sheriff that he and his command staff would be held accountable, in a public forum, for their actions.

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

2 Jurors Replaced at LASD Fed Trial…SCOTUS Clears Way for Conversion Therapy Ban….Booker & Smith Introduce Better Options for Kids Act

July 1st, 2014 by Celeste Fremon



REPLACEMENT OF 2 JURORS MEANS PATH TO VERDICT IN LASD TRIAL GETS LONGER

Jurors began deliberations last Tuesday on the obstruction of justice trial in which six members of the Los Angeles Sheriff’s Department are accused of deliberately getting in the way of a federal grand jury investigation into widespread brutality and corruption in the LA County jail system.

By Friday afternoon, attorneys and trial watchers speculated optimistically that the jury might have the end of its deliberations at least in sight, and thus could possibly produce a verdict some time Monday.

Then Monday rolled around and all optimism vanished when two jurors were replaced alternates.

The first juror, a woman, was replaced Monday morning after she sent the judge a note resulting in a series of lengthy sidebars between Judge Percy Anderson and the two groups of attorneys involved, the prosecution and the defense.

Although Anderson sealed the content of the note, the reason that the juror needed or wanted to be replaced appeared to be something singular enough that it required animated discussion on the part of judge and lawyers prior Anderson making a final decision on the matter. Hence the sidebars.

Finally at 9:45 a.m., Anderson called the remaining eleven jurors back in and announced to them that an alternate was to replace one of their number. This meant, he explained, that they were now a brand new jury and must begin deliberating all over again as if their previous deliberations had never occurred.

The eleven who’d been at this for more than four days did not look thrilled at this “start your deliberations anew” set of instructions, but they filed out dutifully.

After about a half hour of deliberations the “new” jury sent a note to Anderson wanting to know if they could change their lunch location, which seemed to suggest that they had not yet gotten into any kind of deliberative stride.

Then at 12:30 or so, yet another note. This time from a second juror (also a woman) who, because of some kind of emergent personal situation, needed to be excused permanently right away. The juror appeared to be controlling distress and Judge Anderson excused her without much fuss after thanking her formally but warmly, for her time and service.

In came the rest of the jury members who were, again, told that one of their group was being replaced. This time the alternate juror was a man, disrupting the previous six-six split of males to females on the panel.

The jury was informed that it was now a new new jury, and thus must again “start your deliberations anew…” and so on.

If the panel members looked uncheery before, at this second set of instructions to totally reboot they looked visibly grim. Yet, they also still looked, for the most part, reasonably willing and determined.

With the exception of one last jury note that had something to do with a juror whose boss was getting irritated that he or she had been out so long, the rest of the afternoon was uneventful….

….and without a verdict.


U.S. SUPREME COURT SAYS NO TO HEARING APPEAL OF CALIFORNIA LAW BANNING GAY CONVERSION THERAPY

California’s first-of-its-kind law banning “reparative therapies,” which are designed to turn gay kids straight, was passed by the state legislature and signed into law by governor Jerry Brown in fall 2012, but it has yet to take effect because of court challenges by those opposed to the statute.

In August 2013, the 9th Circuit ruled that the practice, which is not supported by the scientific mainstream and has been shown to be damaging to youth, often producing depression and suicidality, was not protected by the First Amendment nor could it be challenged on religious grounds.

The law’s opponents then tried the Supreme Court, which on Monday refused to hear the challenge, thus opening the path for the important ban to finally take effect.

Lisa Leff of the Associated Press has the story Here’s a clip:

The U.S. Supreme Court cleared the way Monday for enforcement of a first-of-its-kind California law that bars psychological counseling aimed at turning gay minors straight.

The justices turned aside a legal challenge brought by supporters of so-called conversion or reparative therapy. Without comment, they let stand an August 2013 appeals court ruling that said the ban covered professional activities that are within the state’s authority to regulate and doesn’t violate the free speech rights of licensed counselors and patients seeking treatment.

The 9th U.S. Circuit Court of Appeals ruled last year that California lawmakers properly showed that therapies designed to change sexual orientation for those under the age of 18 were outside the scientific mainstream and have been disavowed by most major medical groups as unproven and potentially dangerous.

“The Supreme Court has cement shut any possible opening to allow further psychological child abuse in California,” state Sen. Ted Lieu, the law’s sponsor, said Monday. “The Court’s refusal to accept the appeal of extreme ideological therapists who practice the quackery of gay conversion therapy is a victory for child welfare, science and basic humane principles.”


SENATORS COREY BOOKER & CHRIS MURPHY INTRODUCE BILL TO INCENTIVIZE STATES TOWARD BETTER YOUTH JUSTICE POLICIES USING EXISTING FEDERAL $$$

Last week, U.S. Senators Chris Murphy (D-Conn.) and Cory Booker (D-N.J.) introduced something called the Better Options for Kids Act, a bill designed to “incentivize states to replace overly harsh school disciplinary actions and juvenile court punishment with bipartisan, evidence-based solutions that save money, enhance public safety, and improve youth outcomes.”

Interestingly, the bill uses existing funding streams to reward states that adopt policies that replace a purely punitive approach with those that improve youth outcomes. As examples, the bill lists:

Limiting court referrals for school-based non-criminal status offenses (truancy, curfew violations, et al)

Incentivizing school district to have clear guidelines regarding the arrest powers of school resource officers on school grounds

Providing training or funds training for school districts to use non-exclusionary discipline. (NOTE: “Exclusionary discipline” means suspensions, expulsions, and other disciplinary practices that keep students out of the classroom.)

Shifting funding formerly dedicated to secure detention for minors into community-based alternatives for incarceration

Adopting a reentry policy for youth leaving correctional facilities that ensures educational continuity and success.

“This bill represents a serious leap forward in the fight to dismantle the school-to-prison pipeline, and to build a smarter, more effective, and more compassionate juvenile justice system” said Cory Booker in a statement announcing the bill’s introduction.

Murphy also stated strong sentiments. “When we lock up a child, not only are we wasting millions of taxpayer dollars, we’re setting him or her up for failure in the long run,” he said. “We need to quit being so irresponsible and facilitate better outcomes for youth.”

After he was elected U.S. Senator, former Newark New Jersey mayor Booker promised to make juvenile justice reform one of his top priorities. The Better Options for Kids Act looks like a promising step in that direction.

We’ll keep an eye on the bill’s progress.

Posted in Civil Liberties, FBI, jail, juvenile justice, LA County Jail, LASD, LGBT, School to Prison Pipeline, Youth at Risk, Zero Tolerance and School Discipline | 15 Comments »

WLA’s Editor Wins “Online Journalist of the Year” at SoCal Journalism Awards(!)…LASD Civilian Oversight…Costly Prison Phone Calls…and More

June 30th, 2014 by Taylor Walker

WLA’S EDITOR TAKES HOME SOCAL JOURNALISM AWARD

I am very happy to report that WitnessLA’s editor, Celeste Fremon, has won 1st place at the SoCal Journalism Award for the “Online Journalist of the Year” category.

The judges called Celeste’s work for 2013: “a compelling look into problems in the Los Angeles Sheriff’s Department. Celeste did a great job decoding complex issues into a fascinating narrative.”

The rest of the winners can be found here.


LA TIMES EDITORIAL CALLS FOR CIVILIAN OVERSIGHT OF SHERIFF’S DEPT.

Citing the Inspector General’s undefined power and tenure, an excellent LA Times editorial calls on the LA County Board of Supervisors to create a nine-person citizen’s oversight commission to watch over the Sheriff’s Department. The editorial says the commission should hold public meetings, and be free of micromanagement by the Supes, and that members should serve for set terms.

Here’s a clip:

The board started out on the right foot last year when it created the Office of Inspector General. It was designed to replace both a special counsel, who presented regular reports and recommendations to the Board of Supervisors but didn’t get enough public attention to spark any follow-up, and the Office of Independent Review, which relied too much on the sheriff’s voluntary cooperation to be a credible monitor.

But the supervisors rejected the strong recommendation of the Citizens’ Commission on Jail Violence to appoint the inspector general to a set term and make him removable only for good cause. And the board still hasn’t brokered an agreement with the Sheriff’s Department over the scope of the inspector general’s powers. So no matter how strong the work ethic and integrity of Inspector General Max Huntsman, he is an at-will employee of the Board of Supervisors with no law establishing his power or authority to investigate the sheriff.

Meanwhile, the county’s contracts with its previous monitors expire Monday, so for the first time in two decades there will be no independent sheriff oversight. Despite the opportunity and necessity for improvement, the county is in danger of falling backward.

Forward momentum will depend on more than new promises by the supervisors to do a better job of keeping an eye on the sheriff. It will require the board to create a citizens oversight commission that conducts its meetings in public and has the kind of insulation from micromanaging that so far the board has denied the inspector general. There should be nine members on the commission, enough for each county supervisor to appoint one while still allowing sufficient appointments by other authorities to prevent the commission from becoming the board’s proxy. Members should serve for set, nonrenewable terms, and be removable only on a showing of good cause.


LAST YEAR THE FCC LIMITED WHAT PRISONERS PAY FOR INTERSTATE CALLS, BUT COMPANIES STILL GOUGE PRISONERS FOR OTHER SERVICES

In prisons all over the country, private companies—Global Tel-Link and JPay, in particular—are charging inmates preposterously high fees for phone, internet, and money services. Unfortunately, the brunt of the costs fall on the families of the incarcerated. And there’s no real competition from other companies who might charge lower fees. Global Tel-Link and JPay both pay cash-strapped cities, counties, and states incentives to secure their contracts within prisons. (In New York State, where these commissions are forbidden, inmates pay a fraction in comparison—72 cents for a 15-minute call.)

Global Tel-Link and JPay both have contracts in California through which they overcharge California prison and jail inmates’ loved ones.

In August of last year, the FCC placed a cap on how much companies can charge inmates for interstate calls at 25 cents per minute. That was a significant victory, but Global Tel-Link and JPay can (and do) continue to charge prisoners and their families shocking fees for in-state calls, money transfers, and other services. (For previous WLA reporting on this issue, go here.)

The NY Times’ Stephanie Clifford and Jessica Silver-Greenberg have the story. Here are some clips:

It is a lucrative proposition, in part because these companies often operate beyond the reach of regulations that protect ordinary consumers. Inmates say they are being gouged by high costs and hidden fees. Friends and families say they have little choice but to shoulder the financial burden.

But private enterprises are not the only ones profiting. Eager to reduce costs and bolster dwindling budgets, states, counties and cities are seeking a substantial cut in return for letting the businesses into prisons, a review of dozens of contracts by The New York Times found. In Baldwin County, Ala., for instance, the sheriff’s department collects 84 percent of the gross revenue from calls at the county jail. A Texas company has guaranteed the county at least $55 a month per inmate, according to a copy of the contract…

Some corrections departments use the commissions to provide services, said Steve Gehrke, a spokesman for the Washington State Department of Corrections. In Washington State, all commissions go toward compensating victims and improving services like libraries.

But even some industry executives see problems with the current setup, saying the commission system encourages providers to charge inmates more, not less, for services. Companies often win contracts based on how much they will offer states via commissions, rather than the rates they charge inmates.

Global Tel-Link, of Reston, Va., has contracts with 2,200 correctional operations serving at least 1.1 million inmates. It argued in recent comments to the Federal Communications Commission that the more states and cities demand in commissions, the more it will charge inmates. “There is no free lunch,” the company said.

[SNIP]

While the F.C.C. capped interstate telephone rates at 25 cents a minute earlier this year, after agitation from prisoners’ rights advocates, local phone rates can still be steep and other fees vary widely from state to state. For instance, using a phone to transfer $10 into an inmate’s account via JPay to the Southeast Correctional Center in Charleston, Mo., costs $3.95, while a similar transfer to the Illinois Youth Center in Chicago runs $5.95.

Placing a 15-minute in-state call from a Union County, N.J., jail costs $8.50, according to the New Jersey Institute for Social Justice, which recently filed a petition asking for lower in-state rates. In New York State, which does not accept commissions from providers, a 15-minute phone call costs just 72 cents.


CDC: WAYS TO PREVENT YOUTH VIOLENCE

Every day in the US, an average of 13 kids, teens, and young adults (between the ages of 10-24) are victims of homicide, and more than 1600 are treated in hospitals for assault-related injuries. In fact, homicide is the third leading cause of death in young people nationwide. And 10-to-24-year-olds comprised 40% of arrests for violent crimes in 2012.

A new report by the Centers for Disease Control and Prevention says that youth violence and its devastating effects on kids (especially minorities), families, and their neighborhoods can be prevented, and lists evidence-based solutions communities can implement to counteract this violence.

The report suggests a number of tools and programs, from parenting and family training, to bolstering early childhood education, to data gathering, and policy-reform. Here are some examples:

The Strengthening Families program teaches parents to use discipline, manage their emotions, and communicate with their child and teaches youth strategies to deal with peer pressure, manage stress, and solve problems. Evaluations of this program have shown significant reductions in aggression, hostility, and conduct problems and improvements in parent’s limit-setting, parent-child communication, and youth’s prosocial behavior.

Multidimensional Treatment Foster Care is for youth who need out-of-home placements and includes extensive training of foster parents, family therapy for biological parents, skills training and support for youth, and school-based academic and behavioral supports. This program has been shown to significantly reduce delinquency, violence, and violent crime and sustain improvements over time.

Cure Violence (formally known as CeaseFire) works to interrupt violence, particularly shootings, and change norms about the acceptability and inevitability of violence. An evaluation found reduced shootings and killings and fewer retaliatory killings in most communities where the program was implemented.

These smart, evidenced-based recommendations are a hearteningly long way from the Superpredator theory of the mid-1980s.


TWO DIE IN LASD CUSTODY

Two people died in LA County Sheriff’s Dept. custody on Saturday. A man suspected of being under the influence of drugs was arrested in Lancaster after struggling with deputies. The man became unresponsive in the back of the patrol car, and officers were unable to revive him.

And later that afternoon, a woman was found dead in her bunk at the Santa Clarita Valley Sheriff’s Station jail. The woman had been booked on possession of a controlled substance two days prior, on Thursday.

LASD homicide detectives, Internal Affairs, and the LA Coroner’s Office are investigating both deaths.

KPCC has the story.

Posted in journalism, juvenile justice, LA County Board of Supervisors, LA County Jail, LASD, Violence Prevention, women's issues | 27 Comments »

Impact of Criminal Justice System on Latinos….New Anti-Sex Trafficking Foster Program….Juvie Mandatory Minimum Bill Amended….and McDonnell and Tanaka Will Face Off in November

June 26th, 2014 by Taylor Walker

LATINOS DISPROPORTIONATELY AFFECTED BY CRIMINAL JUSTICE SYSTEM AND CRIME

Latinos are heavily over-represented in the criminal justice system and as victims of crime, according to a new report from Californians for Safety and Justice and director of the Tomás Rivera Policy Institute at USC, Roberto Suro. (The report compiles existing data and research from the Bureau of Justice Statistics and elsewhere.)

The report found that Latinos are murdered at a rate more than twice that of whites in California, and are significantly more likely to be killed by a stranger. Latinos are 44% more likely to be locked up than whites for the same crimes. And Latinos awaiting trial in California also have a higher chance of being denied bail than whites, and average bail amounts are about $25,000 higher than both whites and African Americans. Latinos are also given mandatory minimum sentences more than any other race.

Here are some of the other statistics:

Latinos are more likely to be shot and burglarized than whites.

Hate crimes against Latinos rise as immigration increases.

California Latinos experienced more repeat crimes than survivors overall.

Half of Latino survivors are unaware of recovery services.

And here are some of the notable recommendations from the report:

• Arrest rates vs. convictions: California provides data on arrest rates by type of crime and racial or ethnic group, but data are lacking on conviction rates by types of crime and different populations. There is a need for comparative data on the first time someone is arrested or convicted.

• Community reintegration: Although research exists on how effectively Latino youth reintegrate into the community, there is a lack of documentation on how well Latino adults are reentering society.

• Racial Impact Assessments: Iowa, Connecticut and Oregon have laws requiring racial impact
statements before changing or adding criminal laws, as a way to guard against unintended consequences for people of a certain race or ethnicity. A racial impact statement is a nonpartisan analysis that examines the impact
of justice policy changes on racial and ethnic populations. For example, when new legislation is proposed in California, such an analysis could be conducted by an existing state agency (e.g., the State Interagency Team Workgroup to Eliminate Disparities & Disproportionality) and reported back to legislative committees on the potential adverse effects of the proposed bill.

• Racial profiling: Some law enforcement agencies have strong definitions of what constitutes racial profiling— and training on how to avoid the practice. Such standards should be in place in jurisdictions across the state and nation. Additional best practices in policing Latino communities across the country include Spanish-speaking liaisons (if officers do not speak Spanish), specific education and training of officers, Spanish hotlines and increased officer participation in community events.

• Risk assessments: When someone is arrested, determining their individual risk as they await trial (to reoffend, to show up to court, etc.) is key to managing jail space and minimizing undue disruption to families. Consistent use of proven risk-assessment tools can help local jurisdictions effectively manage their jail populations while also preventing unnecessary or biased decisions from disproportionately affecting Latinos

(The report also notes that while it focuses on Latinos’ contact with the justice system, African Americans do face greater disparities overall.)

KPCC’s Rina Palta has more on the report and its significance. Here are some clips:

Lead researcher Roberto Suro, director of USC’s Tomas Rivera Policy Institute, compiled public data available on Latinos’ interactions with the criminal justice system.

The data, he said, shows that “for Latinos, the criminal justice system has this process of cumulative disadvantage, where the disadvantages start at even the first encounters with the system.”

[SNIP]

But, until recently at least, criminal justice reform hasn’t prominently featured in Latino electoral politics, Suro said.

“In Southern California now, you have Latinos in positions of power or in positions of advocacy in a way that wasn’t the case twenty or thirty years ago when big decisions were made about a strategy of mass incarceration,” Suro said.


NEW TRAINING PROGRAM TO HELP LA COUNTY FOSTER PARENTS FIGHT CHILD SEX TRAFFICKING

The Los Angeles Board of Supervisors voted Tuesday to create a training program to teach foster parents and group home workers how to identify kids who may be victims of sex-trafficking and how to intervene on their behalf.

Supes Mark Ridley-Thomas and Don Knabe recommended the program, and have both been working to put a focus on child sex-trafficking in LA County.

The LA Times’ Abby Sewell has the story. Here’s a clip:

The supervisors voted Tuesday to ask county staff to work with local colleges and universities to develop a training program that will become mandatory for foster care providers.

“The county should move as quickly as possible to help safeguard the county’s most vulnerable population from being sexually exploited,” Supervisors Mark Ridley-Thomas and Don Knabe wrote in a memo to their colleagues.

County officials said state funds may be available to carry out the training. Staff will report back in 60 days on the costs to implement the training countywide.

AND A REMINDER OF HOW MANY KIDS ARE TRAFFICKED…

Time Magazine’s Nolan Feeny has the story on the FBI’s weeklong, nationwide child sex-trafficking bust that resulted in the rescue of 168 exploited children and the arrest of 281 pimps.


UPDATE ON BILL THAT WOULD INTRODUCE MANDATORY MINIMUM SENTENCES TO CALIFORNIA JUVENILE JUSTICE SYSTEM

Last week, California bill that would impose the first mandatory minimum sentences in the state’s juvenile justice system, SB 838, stalled in the Assembly Public Safety Committee. The bill would have required two-year minimum out-of-home sentence on kids convicted of sexually assaulting someone who is unconscious or disabled.

On Tuesday, the committee passed the bill after the two-year mandatory minimum sentence portion was removed. Now, kids convicted of assaulting someone who is incapacitated will receive mandatory treatment and counseling. The bill still takes away the anonymity of kids charged with this crime, and includes a sentence enhancement of one year for kids who share texts or pictures of the crime.

SF Chronicle’s Melody Gutierrez has the story. Here’s a clip:

The bill was amended to take out language that would have required a two-year minimum sentence at juvenile hall or another out-of-home detention facility for teens convicted of sexual assault against a victim who is incapacitated. The bill now would require mandatory rehabilitative treatment and counseling, which could be accomplished while living at home.

SB838 by Sen. Jim Beall, D-San Jose, maintained provisions that would open juvenile court to the public in cases where teens are prosecuted under Audrie’s Law and creates a one-year sentence enhancement for those convicted of sexual assaults who share pictures or texts of the crime to harass or humiliate the victim.

[SNIP]

Last week, the Assembly’s public safety committee delayed a vote on the bill after it was evident lawmakers would not support the mandatory minimum sentence provision.

Opponents of the bill argued mandatory minimum sentences create a “one-size fits all” model that emulates broken adult court sentencing laws. Mandatory minimum sentences have never been introduced in the state’s juvenile court system and many states and the federal government have begun to roll back the use of mandatory minimums in the adult court system.

Beall said he would have preferred to keep the mandatory minimum requirements, but he faced a deadline this week to pass the bill. The bill had previously passed the Senate unanimously.


NOVEMBER GENERAL ELECTION RUNOFF IN STORE FOR JIM MCDONNELL AND PAUL TANAKA IN BID FOR SHERIFF

The mail-in ballots have been counted, and appear to confirm a November runoff between between Long Beach Police Chief Jim McDonnell and former LASD Undersheriff Paul Tanaka for the office LA County Sheriff. The Board of Supervisors will make the results official on July 1.

The LA Daily News’ Thomas Himes has the story. Here’s a clip:

McDonnell — the overwhelming victor in the June 3 primary election — finished just 0.65 percent short of the 50 percent plus 1 mark needed to skip the Nov. 3 election and be sworn in as head of the nation’s largest sheriff’s department.

Tanaka claimed 15.09 percent of votes to beat out third-place finisher Bob Olmsted and stay in the hunt. The department’s former second-in-command built the race’s largest campaign coffer, collecting more than $900,000 in contributions. McDonnell raised more than $760,000.

With thousands of ballots uncounted on election night, the ultimate outcome was not certain until the final count was released Wednesday.



Graphs: Traci Sclesinger, “Racial and Ethnic Disparity in Pretrial Criminal Processing,” Justice Quarterly, Vol. 22, No. 2.

Posted in DCFS, FBI, juvenile justice, LA County Board of Supervisors, LASD, Paul Tanaka, racial justice, Sentencing | 4 Comments »

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