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Arresting Kids Under 12, Hidden Costs of Running Jails, Pell Grants for Inmates, Body Cams, and Freddi Gray

May 22nd, 2015 by Taylor Walker


CALIFORNIA ARRESTS 93% FEWER KIDS AND PRE-TEENS THAN 30 YEARS AGO, BUT TWO CITIES DO NOT LINE UP WITH THE TREND

Arrest rates for California’s kids under the age of twelve have experienced a steep decline over the last 30 years, according to a new report from the Center on Juvenile and Criminal Justice. The number of young arrestees dropped a whopping 93%. The decrease appears to be due, in part, to a drop in child crime between the late 70′s and now, but it may also be attributable to local efforts to decriminalize kids. Two cities, however, have not gotten their act together with regard to child and pre-teen arrests.

Statewide, almost 14,000 kids under twelve were arrested in 1978, nearly a third of whom were younger than ten. Thirty-five years later, in 2013, when the number of kids under twelve had risen by 40%, just under 1,400 kids younger than twelve (219 under ten) were arrested.

Most of California’s 58 counties mirrored the state trend, but eleven did not. Nine of those counties were tiny. No kids were arrested in those counties spanning the three decades. But two small counties experienced higher arrest rates, but those counties’ only arrested between zero and four kids. Stockton and the city of San Bernardino broke from the pack. In both cities, school district officers are allowed to arrest young kids, and they do arrest them—a lot. Stockton only has 1% of the state’s total number of kids under ten, those kids account for 26% of the state’s total arrests of kids in that age group.


NON-BUDGET JAIL SPENDING NOT CALCULATED BY COUNTIES, COULD HAVE AN IMPACT ON CRIMINAL JUSTICE REFORM IF COUNTIES WOULD TRACK THE $$$

The US spent $22.2 billion on jails in 2011. And that price tag is much lower than if it included costs not covered in the official jail budgets—for example, employee benefits, inmate health care, capital costs, administrative costs, legal costs, and inmate services—, according to a new survey and study from the Vera Institute of Justice.

Vera researchers surveyed 35 jail systems (including Alameda County) in 18 states, holding 9% of the US jail population. The study found that many jail systems had difficulty calculating the total cost (incurred by taxpayers) of running their jails. And if jails don’t track those costs, and taxpayers do not know how much they are truly spending on locking people up in local jails, and neither do the policymakers pushing criminal justice reform.

According to the Vera survey, eight of the jail systems spent non-budget dollars equaling more than 20% of their budget. Twelve of jail systems surveyed could not come up with their non-budget costs.

Here’s a clip from the study:

…in addition to the $1.1 billion spent by the City of New York Department of Correction in 2014, other city agencies spent an additional $1.3 billion for jail employee benefits, health care and education programs for incarcerated people, and administration, bringing the total cost to $2.4 billion.

Because reported jail costs are too often incomplete, policymakers and the public are seldom aware of the full extent of their community’s financial commitment to the jail. As policymakers focus on justice reform at the local level, they need to understand how much the community is actually spending. To this end, researchers at the Vera Institute of Justice developed a survey to help counties tally the actual price of their jails.

The only way to safely reduce the cost of jail is to limit the number of people in the jail, because the cost largely comprises expenses for staff and the number of staff is dictated by the population of incarcerated people. In fact, the inmate population is such a key cost driver that it is possible for “expensive” jails (meaning those with a high average per-inmate cost) to be the least costly to taxpayers.

Consider the example of two counties of similar size: Johnson County, Kansas, and Bernalillo, New Mexico. By comparing the average cost per inmate, the jail in Johnson County appears to be more than twice as expensive as the jail in Bernalillo County ($191.95 per day versus $85.63 per day in 2014). But taxpayers in Johnson County actually spend less on the jail than taxpayers in Bernalillo County do, because the incarceration rate in 2014 was more than three times lower (121 per 100,000 versus 369 per 100,000). As a result, the annual cost of jail in Johnson County is $49 million ($82 per county resident), versus $78 million ($113 per county resident) in Bernalillo County.


PELL GRANTS MAY BE EXTENDED TO SOME INMATES…US DEPT. OF EDUCATION, MAY OVERTURN A PORTION OF A SHORT-SIGHTED 1994 BILL

The US Department of Education is expected to lift a portion of a punitive 1994 ban on inmate eligibility for Pell Grants to attend college while they are behind bars.

A RAND study found that for every dollar spent on education for inmates, the state would save $5, and greatly reduce recidivism rates.

PBS’ Paul Fain has more on the issue, including what ending the Pell Grant ban would look like from a financial standpoint. Here’s a clip:

If the project is successful, it would add to momentum for the U.S. Congress to consider overturning the ban it passed on the use of Pell for prisoners in 1994.

“The idea is under consideration,” a department spokesperson said.

Sources said the Obama administration backs the experiment, and that it would be unveiled this summer.

A likely scenario would be for state and federal prison education programs from a handful of colleges to become eligible for Pell Grants. Various restrictions might apply, such as for participating students to be eligible only if they are scheduled for release within a specific number of years.

Even a limited experiment will provoke controversy. Spending government money on college programs for convicted criminals is an easy target for conservative pundits and for some lawmakers from both political parties.

For example, last year New York Gov. Andrew Cuomo dropped his proposal to use state funds for prison education programs after the plan received immediate and fierce opposition.

Yet advocates for removing the federal ban point to evidence that supporting educational opportunities for prisoners pays off for students, for government coffers and for society on the whole.

[SNIP]

Some Republican state lawmakers support prison education programs, experts said, because they like the clear return on investment.

“It is financially wise,” said John Dowdell, coeditor of The Journal of Correctional Education. “It’s time to get over the emotional bias and do what the data says.”


LAW ENFORCEMENT AGENCIES GRAPPLE WITH HOW MUCH ACCESS PUBLIC SHOULD HAVE TO BODY CAM FOOTAGE

In LA and around the country, law enforcement agencies are purchasing and implementing police body cameras as a means of increasing accountability to the public. But so far, police forces (including the LAPD) have argued that privacy for both officers and the people they come in contact with, and maintaining investigation integrity, outweigh the public’s desire for department transparency.

In April, LAPD Chief Charlie Beck said that officers could review their body cam footage before writing reports. Chief Beck also said that for the most part, captured video will be treated as evidence, and will not be made public. (The LA County Sheriff’s Dept. requires the officers to provide statements before viewing footage.)

The LA Times’ Richard Winton sheds some light on the controversy and the difficulty in finding a middle ground. Here’s how it opens:

Cameras mounted inside patrol cars captured every moment.

With their guns drawn, Gardena police officers screamed instructions at three men on the sidewalk. The officers warned them to keep their hands above their heads, mistakenly believing that they had been involved in a robbery.

Exactly what happened next is in dispute, but what is undisputed is that the men were unarmed when police opened fire, killing one and seriously wounding another.

Afterward, the Gardena Police Department allowed the officers — over the objection of a sheriff’s investigator — to review video of the incident. But the department has refused to make the videos public, even after the city agreed to pay $4.7 million to settle a civil rights lawsuit over the shooting.

Across the country, law enforcement agencies are equipping police and patrol cars with cameras to capture interactions between officers and the public. But many of those police forces, like Gardena’s, do not release the recordings to the public, citing concerns about violating the privacy of officers and others shown in the recordings and the possibility of interfering with investigations.

That approach has drawn criticism from some civil rights activists who say that the public release of recordings is crucial to holding police accountable — especially if the officers involved in the incidents are allowed to view the videos.

Gardena Police Chief Ed Medrano defended his department’s position as consistent with that of other law enforcement organizations around the country. He added that it was intended to protect the integrity of investigations as well as the privacy of officers and those who come into contact with police.

“The general public does not have an unfettered right to see every video that is taken by law enforcement,” Medrano said in an email. “Thus, absent a court order to the contrary, many agencies across the country, including Gardena, do not intend to release videos to the public.”


FREDDIE GRAY UPDATE: FED. GRAND JURY INDICTS OFFICERS

On Thursday, a grand jury chose to indict six officers allegedly connected to the death of Freddie Gray in Baltimore.

The Baltimore Sun has the story. Here’s how it opens:

Baltimore grand jury returned indictments against the six officers charged earlier this month in the in-custody death of Freddie Gray, State’s Attorney Marilyn J. Mosby announced Thursday.

Prosecutors presented evidence to the grand jury over the course of two weeks, Mosby said. Reckless endangerment charges were added against all six officers, while false imprisonment charges against three were removed. The remaining charges are largely the same ones her office filed May 1, following an independent investigation.

“As our investigation continued, additional information has been discovered, and as is often the case during an ongoing investigation, charges can and should be revised based upon the evidence,” Mosby said at a news conference.

The case now moves to Baltimore Circuit Court, where the officers will be arraigned July 2. All remain free on bail.

Gray, 25, was arrested April 12 after running from officers patrolling the Gilmor Homes area of West Baltimore. His death seven days later led to widespread protests that gave way to citywide rioting, deployment of the National Guard and institution of a curfew.

Thrust into a national debate over cases of police brutality, Mosby stunned many when she moved swiftly to bring charges against the officers that included second-degree murder and involuntary manslaughter.

Posted in Education, jail, juvenile justice, LAPD, School to Prison Pipeline, Youth at Risk | No Comments »

Community Policing, Drugging Foster Kids, Banning Solitary for Kids, and Combatting Sex Trafficking

May 20th, 2015 by Taylor Walker

LAPD ANNOUNCES A COMMUNITY POLICING PILOT PROGRAM THAT WILL ADD 16 NEW FOOT PATROL COPS TO EASTSIDE

On Monday, the Los Angeles Police Department announced a pilot program that will increase the number of foot patrol officers in its Hollenbeck Division.

The “Hollenbeck Community Partners Program” will have sixteen beat cops walking corridors in areas like Boyle Heights, Lincoln Heights and El Sereno, as part of the LAPD’s increased community policing and crime prevention efforts. Eight new pairs of beat cops may not sound like a lot, but the move is a significant one for a department that has traditionally relied on officers in cruisers to patrol its territory, which stretches 468 square miles and has a population of four million.

KPCC’s Frank Stoltze has more on the program and what the department and members of the community hope it will achieve. Here are some clips:

Relationship-based policing requires staying in a neighborhood. It is an increasingly popular term among criminal justice experts and civil rights activists who say police have become too disconnected from the communities they police. The Los Angeles-based Advancement Project is one proponent.

The LAPD, which has fewer officers per capita than many big city police departments, has used foot patrols on a limited basis on Skid Row, in Venice and elsewhere. The sprawl of Los Angeles makes it hard to patrol effectively and efficiently by foot.

The increase comes less than a month after the LAPD announced it’s quadrupling the size of its elite Metropolitan Division to 200. In contrast to the foot patrols, Metro cops are assigned to swoop into high crime areas with an eye toward making a lot of stops and arrests. Some worry that effort could hurt community policing efforts.

[SNIP]

Foot patrol officers typically make fewer arrests.

“I like to think of it as more preventing crimes,” said Officer Joe Romo, who may be the most veteran foot officer in the city at 16 years. “It’s a more positive way to police.”

He said he arrests about ten people a year. Officers in patrol cars responding to radio calls arrest five to ten people a month, he said.

“I’m not expecting these guys to be hauling people in left and right,” said Baeza, the area captain. “I am expecting them to build relationships and partnerships with the community.”

The LA Times’ Kate Mather also reported on the LAPD’s program. Here’s a clip:

If the effort goes well, officials said, they will look for ways to expand “foot beats” across the city.

It’s a back-to-basics approach that is common in other cities that are more compact, like Chicago, or that have larger departments, like New York, but it never became a staple of policing in Los Angeles, where officers rely on patrol cars to cover the city’s roughly 470 square miles.

“We have foot beats that come and go and foot beats that work some areas, but none that will be like in Hollenbeck,” said Assistant Chief Jorge Villegas. “One hundred percent of the time, that’s all they’ll do.”

The move marks a step away from the iconic image of LAPD officers cruising down palm-lined streets in black-and-white cars.

Newsweek’s Victoria Bekiempis has an interesting story exploring the “catch-22″ of placing more cops—even cops intending to rebuild police-community relations—on the streets in communities that are feeling over-policed in the first place. Here’s a clip, but go read the rest:

The President’s Task Force on 21st Century Policing, meanwhile, is charged with determining the best ways police can reduce crime and build trust with communities. In early March, the task force published an hundred-plus page interim report that emphasizes community policing as a way to achieve these goals—in fact, “Community Policing & Crime Reduction” is one of the six listed “pillars” in the report. Some of the recommendations in this section seem almost tailor-made for foot patrol proponents. Police must communicate with people at times other than emergency calls or crime investigations, the report recommends. Law enforcement agencies must allow officers time “to participate in problem solving and community engagement activities” during patrols, the report says.

Foot patrol sounds like an even better idea when you look at the data. Research has indicated it both improves police-community relations and fights crime. Though these positive outcomes make foot patrol quite an appealing policing tactic today, they happened before a year that saw the police-involved deaths of Eric Garner, Michael Brown, Akai Gurley, Tamir Rice and Walter Scott—and, most recently, Freddie Gray.

While man-on-the-street interviews wouldn’t provide quantitative data, I had been looking into foot patrol for a while, including earlier reporting on St. Petersburg’s initiative, and I had traveled to Baltimore hours before the city burned to try to find out whether residents thought the requirement would work, both in general and in light of Gray’s death. In interviews, the general sentiment was that foot patrol, like other community-policing techniques, was either a pipe dream or a paradox: Foot patrol could build much-needed trust in communities of color, but not until trust had first been restored. Residents conceded, however, that restoring trust probably wouldn’t happen if successful community-police engagement programs, such as foot patrol, weren’t already in place.

Sure, this doesn’t mean that foot patrol wouldn’t work, but it suggests that officials’ enthusiasm for foot patrol might be too glib—and that a lot of people supposedly poised to benefit from this kind of community policing absolutely do not want more cops on the streets right now.

On a stretch of sidewalk empty save for a few shuffling seniors, neighborhood resident Thomas Thornton says Baltimore’s foot patrol program isn’t inherently ill-conceived but is an awful idea given recent events. Before Gray brought police-community relations to a breaking point in Baltimore, resentment had long been building, explains Thornton, who works as a janitor. He says police routinely stop him and others in the neighborhood and ask, “Where are you going?” and “What are you doing?” Residents “see the uniform as a threat,” and that perception has intensified, he says.

“At this time, I don’t think it’s a good time to walk around—at all,” says Thornton, 45, speaking of foot patrol. “Maybe eventually, but at the present time, I wouldn’t recommend it. Not right now. Because it’s so tense.”

Marguerite Johnston, also a neighborhood resident, doesn’t think all police are bad based on the behavior of a few; she was raised not to judge people like that, she says. Johnston, 61, says the bad ones have nothing better to do than pick on people. Police officers should get to know their community, she says, recalling a time when a uniformed cop used to walk her neighborhood and even knew her by name. Maybe this kind of familiarity would build relationships, she says, and would make things better. Foot patrol is a good idea, she agrees, just not any time soon, given the present tensions.

“Maybe down the road? Probably sometime at the end of the year?” Johnston says. “It’s a catch-22. The police should probably try harder to gain the community’s trust before doing these projects.”

Then there was outright pessimism—a lot of it, actually.

“It’s only going to make it worse,” says Kyree Brown, who was sitting on a stoop with friends near the police station, talking about foot patrol. “It’s them against us.”

Could people trust police, then, if the programs that are supposed to engender trust don’t work?


THE COST OF PROTECTING CA’S FOSTER KIDS FROM DOCTORS PRESCRIBING THEM DANGEROUS PSYCHOTROPIC MEDS

A package of four California reform bills to address over-drugging in California foster care system could cost $8 million—and possibly over $22 million—per year, according to court estimates. The bills have bipartisan support, and have a good chance of making it through both legislative houses and onto Governor Jerry Brown’s desk.

Karen de Sá, who has been doing some powerful investigative reporting on the excessive use of psychotropic medications to treat California kids in the foster care system, has more on the issue. Here’s a clip:

“When you consider the long-term harm and consequences to the kids being doped up like this, it’s really pennies — I personally believe $8 million is budget dust,” said Mike Herald, a legislative advocate with the Western Center on Law and Poverty. “But in my experience, just about anything is subject to his rejection if it’s going to cost millions of dollars.”

In an early sign of possible support, however, Brown’s $115.3 billion budget plan released Thursday included two surprises: $149,000 to improve data on prescribing to foster children, and an increase of $1.5 million for social worker training that includes psychotropic medication issues.

“This is an exciting development,” said Kathryn Dresslar, who was chief of staff to former Senate President Pro Tem Darrell Steinberg and is with the nonprofit advocacy group Children’s Partnership. “The fact that there are dollars in the budget right now that specifically mention training for psychotropic drugs, and the kind of tracking that we need, is good news — I think that means that the administration intends to address this problem in some way to a greater extent than they have in the past.”

Under four bills inspired by this newspaper’s ongoing investigation “Drugging Our Kids,” a mix of federal and state funds would be used to hire 38 new public health nurses; provide second medical opinions, and train social workers and caregivers to watch out for side effects and to advocate for alternatives to mind-numbing meds. Juvenile court judges could not approve prescriptions for foster children without lab tests and ongoing monitoring and unless kids 14 and older consented in writing. Social workers would be alerted about prescriptions for young children and those on multiple meds; and there would be new oversight of residential group homes, where the medications are most frequently prescribed.

Policy analysts say the four reform bills authored by Sens. Jim Beall, D-San Jose; Holly Mitchell, D-Los Angeles, and Bill Monning, D-Carmel, will save the state money, with fewer costly and unnecessary drugs billed to the public health system. California taxpayers spend more on psychotropics than on drugs of any other kind for foster children, this newspaper found, more than $226 million over a decade.


CONTRA COSTA KICKS SOLITARY CONFINEMENT FOR KIDS TO THE CURB

As part of a groundbreaking settlement, Contra Costa County Probation and has agreed to end solitary confinement in the county’s Juvenile Hall. Kids will no longer endure prolonged isolation (for more than four hours) as punishment or for convenience. After the four-hour mark, kids must either be removed from solitary confinement, be placed in an individualized program, or be sent to a mental health facility.

Contra Costa’s Dept. of Education has also agreed to make sure that locked up kids with disabilities are getting their educational needs met.

Public Counsel has more on the settlement and its implications. Here’s a clip:

“At a time when the nation is re-evaluating the use of solitary confinement, this settlement is of extraordinary public importance,” said Mary-Lee Smith, Managing Attorney at Disability Rights Advocates. “In Contra Costa County, the draconian practice of solitary confinement will come to an end and the focus will be, as it should, on education and rehabilitation. Our hope is that other facilities across the nation will follow suit.”

Under the settlement agreement with the Contra Costa County Probation Department, the County will no longer use solitary confinement (also known as room confinement) for punitive reasons, discipline, or for expediency. In line with national standards, the County may segregate a youth in his or her room for no more than four hours and only if the youth’s behavior threatens immediate harm to themselves or others. After four hours, the Department must remove the youth from confinement, develop specialized individualized programming for the youth, or assess whether the youth should be transported to a mental health facility. The settlement also calls for two joint experts to review the Department’s practices, implement changes to improve conditions for young people with disabilities, and monitor compliance for two years.

“This landmark settlement puts an end to the egregious practice of subjecting children with disabilities to inhumane maximum security-like prison conditions and unconscionable deprivations of education,” said Public Counsel Education Rights Director Laura Faer. “The promise of this settlement for youth in the juvenile hall is real rehabilitation, support instead of isolation and segregation, and high quality special education services and options. If the Defendants bury the hatchet and focus on implementation, Contra Costa can become a model for the state and the Nation.”

Under the settlement agreement with the Contra Costa County Office of Education, the County Office of Education will retain an outside expert to evaluate its compliance with federal and state special education laws and to ensure that the students with disabilities in Juvenile Hall receive the special education that they need. The expert will make recommended revisions to policies, procedures and practices as they relate to Child Find, development and implementation of individualized education plans, and discipline and monitor compliance for two years.


LA COUNTY SUPES APPROVE $$$ FOR TRAINING STAFF AND COMMUNITY ON HOW TO RECOGNIZE KIDS WHO ARE VICTIMS OF SEX TRAFFICKING

The LA County Board of Supervisors voted Tuesday to allocate $250,000 to train county staff and community partners to identify young victims of sex trafficking. The LA County Probation Dept. has already trained 7,000 individuals, but more must be done to protect the county’s children from exploitation, according to the motion by Supe. Don Knabe.

Probation will use the money to develop further training in collaboration with other county departments and community groups, and to train thousands more people to recognize the warning signs earlier.

Posted in Edmund G. Brown, Jr. (Jerry), Foster Care, juvenile justice, LA County Board of Supervisors, LAPD, solitary, Violence Prevention | 2 Comments »

Protecting Trafficked Foster Kids…Without Legal Representation…Splitting Detained Immigrant Moms from Kids…Sonoma Explores Law Enforcement Oversight

May 14th, 2015 by Taylor Walker

LA SUPERVISORS APPROVE PLANNING HIGH-SECURITY RESIDENCE FOR TRAFFICKED FOSTER KIDS

On Tuesday, the Los Angeles County Board of Supervisors advanced with a plan to build a residential facility for foster kids who are at risk of being trafficked by pimps.

Over the last few years, the county has moved away from criminalizing and incarcerating sexually exploited minors as “prostitutes,” instead treating them as victims and placing them in foster homes. While this is a big step in the right direction, placing trafficked kids into foster care and connecting them with services and mentors is not always enough. Sometimes young girls run back to the streets and their pimps.

The LA County Supervisors and the head of the Dept. of Children and Family Services have butted heads on this complex issue for months. The current model is not keeping the trafficked kids safe from exploitation, and yet, confining the foster kids in their homes is not much different than incarcerating them, and pimps have their claws in juvenile detention facilities, says Supe. Sheila Kuehl.

The new high-security live-in facility will be built to keep pimps out, while still allowing foster kids to come and go. The Supes have set a three-month planning period, during which time more than a dozen county departments and agencies will work together toward finding a design that will keep kids safe.

(Read the backstory: here.)

The LA Times’ Garrett Therolf has the story. Here’s a clip:

“If they really want to leave, they can leave, but we want to discourage it by giving them a real opportunity to heal,” Supervisor Sheila Kuehl said in an interview.

Supervisor Don Knabe, who advocated for a locked facility, cited a recent case of an 11-year-old girl who recently left a foster care group home to return to her pimp and work at an event where men paid to have sex with her.

Knabe’s spokeswoman, Cheryl Burnett, said he “is pleased that we are moving forward, but he remains frustrated that he continues to hear that our ability to protect these girls is limited.”

County staffers are analyzing available public and private facilities as a site for the new center. Possibilities include rehabilitating the closed MacLaren Children’s Center in El Monte or one of the probation juvenile detention camps.

The supervisors established a three-month deadline for a detailed plan.


WHY PEOPLE CHARGED WITH MISDEMEANORS SO OFTEN GO WITHOUT LEGAL REPRESENTATION

The Sixth Amendment Center’s David Carroll has an informative run-down on the reasons people go to jail every day in the US for misdemeanor offenses without ever speaking to a lawyer, in violation of their constitutional right to legal representation. Carroll also sheds light on why these widespread constitutional breaches have been left unchecked for so many years.

One of the reasons defendants go without representation is prosecutor interference:

Following their arrest, most people are brought to a police station or detention center for processing. At some point thereafter the defendant is likely brought before a judicial officer to determine whether or not he should be released pending further court action. In 2008, the U.S. Supreme Court determined that the right to counsel attaches the first time a defendant is brought before a judge or magistrate. From that point forward, a court cannot proceed with a critical stage of the case without offering counsel to the poor defendant. (The 6AC wrote a whole report on these requirements, available here.)

Despite this, prosecutors often interfere with that right to counsel process. If the defendant is out of jail pre-trial he may be required to meet with a prosecutor before getting his constitutionally guaranteed lawyer, or more likely, enter a guilty plea without ever getting that lawyer at all. For example, a Sixth Amendment Center report details how one misdemeanor court in Delaware asks defendants appearing for arraignment to wait in one of two lines based alphabetically on last name. After standing in line, the first person a defendant encounters is not a public defender, but a prosecutor seeking to make a plea deal. On an average day during out site visits, these two lines totaled approximately 200 individuals. Not surprisingly, more than 75 percent of misdemeanor defendants in Delaware proceed through the Court of Common Pleas without ever having spoken to a lawyer.

And many municipalities and states, California included, do not employ tracking systems to compile data on whether the Sixth Amendment and the Fourteenth Amendment are being carried out:

In Gideon v. Wainwright, the Supreme Court made the provision of indigent defense services a state obligation through the Fourteenth Amendment. Though it is not believed to be unconstitutional for a state to delegate its constitutional responsibilities to its counties and cities, in doing so the state must guarantee that local governments are not only capable of providing adequate rep­resentation, but that they are in fact doing so. A number of states have no institutional presence to begin to assess whether its constitutional obligations under the Sixth and Fourteenth Amendments are being met at the local level, including: Arizona, California, Illinois, Mississippi, Nebraska, Nevada, Pennsylvania, South Dakota, Utah and Washington.


FEDS RESPONSE TO RULING AGAINST LOCKING IMMIGRANT KIDS AND MOMS IN UNLICENSED FACILITIES: THEN WE WILL SPLIT UP THE KIDS AND MOMS

Late last month, a US District Judge in CA, Dolly Gee, issued a tentative ruling against detaining immigrant kids and their mothers in unlicensed facilities, and against locking up kids and an accompanying parent unless they pose a safety or flight risk.

The US Dept. of Justice says that if the three unlicensed facilities get shut down, it will mean separating mothers and their children when the moms are deemed a flight risk. There are more than 1,000 women and children incarcerated betweem the three facilities, most of whom say they crossed the border fleeing gang violence in Central America.

Attorneys for the immigrant families and the DOJ have until May 24 to agree on a solution before Judge Gee makes a final decision.

McClatchy’s Franco Ordonez has more on the issue. Here’s a clip:

Federal attorneys acknowledged the family detention system could collapse if the ruling stands. Leon Fresco, a deputy assistant attorney general, warned the court that such a ruling would actually encourage separation of parents and children and turn minors into “de facto unaccompanied children.”

“This isn’t a situation where we want to detain the mother. These are situations where we have to detain the mother, your honor,” Fresco told the court.

The practice of family detention has reached a tipping point. Multiple lawsuits against family detention have been filed in California, Texas and the District of Columbia. Advocates for the mothers say it’s unlawful to detain children with their parents in jail-like facilities.

The government has dug in its heels, arguing that it needs greater flexibility when detaining parents who are considered a flight risk but also that it needs to send a strong message to Central America that it’s not OK to cross the border illegally.

[SNIP]

The government argued the agreement didn’t take into account family detention, which didn’t begin until 2001. Fresco told the court that the government needed greater flexibility if the parent is considered a flight risk or if the officials think it’s safer to have the children with the parent.

He said he worried that if officials separated families, smugglers would seize the opportunity and take advantage of young migrants, pretending to be children’s parents in order to avoid being detained.

“The outcome of this is going to be to separate families, create uncertainty where we don’t have uncertainty now and to endanger children,” Fresco said, according to the transcript.


SONOMA COUNTY SERIOUSLY CONSIDERS LAW ENFORCEMENT OVERSIGHT AFTER 13-YEAR-OLD IS KILLED

In late 2013, a Sonoma County deputy fatally shot thirteen-year-old Andy Lopez who was holding a pellet gun that the officer mistook for an assault rifle. Andy’s death spurred lawmakers to reintroducing legislation that would require all fake firearms to be produced in bright colors.

Now, the Sonoma County Board of Supervisors is moving toward creating an Office of Independent Auditor to look into officer-involved shootings and complaints about the sheriff’s department and the probation department. The Auditor would also act as a community liaison. The Supes set a June 16 deadline for job descriptions and budget for the Independent Auditor’s Office.

The Santa Rosa Press-Democrat has more on the issue. Here’s a clip:

“We need to turn this around fast,” Supervisor Shirlee Zane said. “It’s going to cost some money; it’s got to go into this budget.”

The auditor’s office was the central and most ambitious recommendation in a package of proposals made by a county-appointed panel studying community relations with law enforcement agencies in the aftermath of Andy Lopez’s October 2013 shooting death.

The 21 recommendations, put forward by the Community and Local Law Enforcement Task Force, cover a sweeping set of ideas — from boosting mural projects to improving student mental health services.

But of all the recommendations, the independent body overseeing law enforcement generated the most study and public debate. On Tuesday, the Board of Supervisors dedicated the bulk of its hearing — its first on the entire set of proposals from the task force — to the oversight office.

Board Chairwoman Susan Gorin called Lopez’s death “a tragedy which is still tearing us apart” before supervisors voiced their support for advancing the auditor proposal. They said they would need more time to evaluate the other 20 proposals.

Posted in DCFS, Department of Justice, Foster Care, juvenile justice, LA County Board of Supervisors, law enforcement, Prosecutors | No Comments »

The “Masonic Fraternal Police Department”… “Smart on Juvenile Justice” Initiative…Preventing Forensic Failures…LAPD Chief “Concerned” About Venice Shooting…and More

May 7th, 2015 by Taylor Walker

CA ATTORNEY GENERAL KAMALA HARRIS’ AIDE AND OTHERS ACCUSED OF OPERATING BOGUS POLICE DEPARTMENT

Three people, including an aide to California Attorney General Kamala Harris, Brandon Kiel, were arrested late last week after allegedly promoting their unsanctioned “Masonic Fraternal Police Department,” and claiming to be police officers.

Kiel and the two others accused, David Henry and Tonette Hayes have been charged with multiple counts of impersonating a police officer, among other charges.

Witnesses said Henry introduced himself around Santa Clarita as a “police chief.” The group also apparently introduced itself to law enforcement agencies across the state, and claimed to be connected to Knights Templar.

The LA Times’ Joseph Serna, Javier Panzar, and Matt Hamilton have the story. Here’s how it opens:

Los Angeles County Sheriff’s Capt. Roosevelt Johnson thought it was odd when three people — two of them dressed in police uniforms he didn’t recognize — strolled into the Santa Clarita station in February.

One man introduced himself as chief of the Masonic Fraternal Police Department and told Johnson this was a courtesy call to let him know the agency was setting up shop in the area.

They met for 45 minutes, Johnson said, but he was left confused and suspicious — so much so that he immediately ordered deputies to pull station surveillance video so they would have images of the visitors. He also assigned detectives to check them out.

“It was an odd meeting,” the captain recalled. “It just raised my suspicion level.”

This week, the three people were charged with impersonating police officers. They are David Henry, who told Johnson he was the police chief, Tonette Hayes and Brandon Kiel, an aide to state Atty. Gen. Kamala Harris.

It turns out Henry, Hayes and Kiel had allegedly introduced themselves to police agencies across the state, though it is unclear why. A website claiming to represent their force cites connections to the Knights Templars that they say go back 3,000 years. The site also said that the department had jurisdiction in 33 states and Mexico.

“When asked what is the difference between the Masonic Fraternal Police Department and other police departments, the answer is simple for us. We were here first!” the website said.

Los Angeles County prosecutors said the whole effort was a ruse, though for what purpose remains unclear. The investigation is continuing.


SOLUTIONS TO CRIME LAB MISDEEDS

The Washington Post’s Radley Balko breaks down some interesting reasons why forensic lab misconduct and mistakes occur, and what to do about these problems. Here’s a clip:

Crime lab analysts are supposed to be neutral parties interested only in getting the science right. But the system is often structured in a way that makes them part of the prosecution’s “team.” In fact in many jurisdictions, crime labs actually get paid per conviction, not per analysis — about as clear a perversion of objectivity as one can imagine. Of course, the pressures and incentives needn’t be that explicit. For example, just knowing extraneous details about a case can produce cognitive bias, even in as accepted a field as DNA analysis.

There are two fundamental things that need to be done to reform the field of forensics. The first is to purge the courts of specialties that have no basis in science. With the fields that are left, we have to turn these incentives around, so that the performance of crime lab technicians is measured only on whether or not they perform accurate analyses.

Unfortunately, there has been very little discussion of the incentive problem among the various federal agencies charged with looking into reform. Possibly moving crime labs out from under offices of state attorney general or state police organizations is about as far as the suggestions go. They need to go further. Over at Reason, Roger Koppl, a professor of finance in Syracuse University’s Whitman School of Management and a faculty fellow in the school’s Forensic and National Security Sciences Institute, has some concrete suggestions.

Cross-lab redundancy. A jurisdiction should contain several competing forensic labs. Some evidence should be chosen at random for multiple testing at other labs. This creates checks and balances.

Independence. Put crime labs under the department of health, not the cops….

Read the rest.


PRESIDENT OBAMA’S INITIATIVE TO MOVE STATES AWAY FROM LOCKING KIDS UP, AND TOWARD COMMUNITY-BASED ALTERNATIVES

President Barack Obama is seeking $30 million in the 2016 juvenile justice budget for the “Smart on Juvenile Justice Initiative,” which would focus on reducing states’ reliance on juvenile detention, and replacing it with community-based treatment and programs that improve public safety, reduce recidivism, and save money.

President Obama has already funded a successful pilot version in which three states, Georgia, Hawaii, and Kentucky, received $200,000 each to shift away from locking kids up.

Other municipalities and states are making similar efforts.

In California, most incarcerated kids are housed in county detention facilities, but many more need to be receiving care at the community level.

Santa Clara has been particularly successful on this front. (Read about what Santa Clara has been doing to help justice-system involved kids: here, here, and here.)

The Juvenile Justice Information Exchange’s Gary Gately has more on the initiative. Here are some clips:

“The Smart on Juvenile Justice Initiative will drive nationwide system reform, guiding states toward a developmentally informed approach that maximizes cost savings and strategically reinvests those savings into efforts that improve outcomes for youth,” said Robert Listenbee, administrator of the federal Office of Juvenile Justice and Delinquency Prevention, in an emailed statement.

Congress has yet to approve the requested funding, though the Obama administration has funded a pilot of the program, rolled out last year in Georgia, Hawaii and Kentucky, working with private foundations and the Washington-based nonprofit Pew Charitable Trust’s Public Safety Performance Project.

The states, each of which received $200,000, worked to divert youths from the juvenile justice system, provide community-based alternatives, decrease correctional spending and improve public safety.

“It was clear the status quo was not working,” says a Pew video that points out the initiative has begun achieving many of its chief goals.

Juvenile justice advocates embraced the Obama administration’s request to take Smart on Juvenile Justice nationwide.

“If you look at the data for what kids are locked up for in the ‘deep end’ of the system, there’s a lot that shows that these kids don’t need to be incarcerated,” said Liz Ryan, president and CEO of the Washington-based nonprofit Youth First! Initiative, which seeks to dramatically reduce incarceration in state facilities while increasing community-based alternatives.

“You see the stats for kids with misdemeanors, you see kids in for probation violations, you see drug violations,” Ryan said. “We’re overusing the most expensive option for kids when we really don’t need to be doing that. It’s a waste. It’s a waste of money; it’s also harming children: The human cost is huge, and when we look at the fact that kids being sent through the juvenile justice system are far more likely to be incarcerated in the adult criminal justice system, we really have to ask why are we putting so many kids in locked facilities?”


LAPD CHIEF CHARLIE BECK CONCERNED BY OFFICER SHOOTING OF UNARMED MAN IN VENICE

On Tuesday evening in Venice, an LAPD officer shot and killed Brendon Glenn, a 29-year-old homeless man who was unarmed.

After reviewing video of the incident, LAPD Chief Charlie Beck said he was concerned by the shooting, and that he did not see “extraordinary circumstances” that would be necessary to justify shooting an unarmed man.

KTLA’s Tracy Bloom, Mark Mester, Melissa Pamer, and Courtney Friel have the story. Here’s a clip:

The man, described as a transient, had been involved in an altercation with a bouncer at a nearby bar prior to police being called, LAPD Detective Meghan Aguilar initially said Wednesday morning. Police were called with a report of a man “disturbing the peace” and “harassing passersby,” she said.

Officers spoke with the man, who then walked away toward the boardwalk, Beck said. Soon after, officers saw the man approach an individual and start a fight, the chief said.

“The officers attempted to detain the suspect, and an altercation occurred between the two officers and the suspect. During that physical altercation, an officer-involved shooting occurred,” Beck said.

Officers called for a rescue ambulance and began to perform CPR; city firefighters responded and took the man to a hospital, where he died, according to the chief.

A friend who knew Glenn said he didn’t deserve his fate.

“Whatever reason that they had to shoot him, I don’t think it was justified because he wasn’t a confrontational human being by any means,” local resident Henry Geller said. “He was definitely like a peacemaker.”

Glenn was a regular the Teen Project’s the P.A.D., a Venice support center for homeless youth, according to Timothy Pardue, who runs the center. Glenn, who had recently moved to the area from New York, had come to a support group meeting on Tuesday night, Pardue said.

“He was crying and he was even saying he wanted his mom, and he just said his mom didn’t want him back home,” Pardue said. “He struggled with a lot of things.”

Craig Lally, President of the Los Angeles Police Protective League, objected to the police chief sharing an opinion on “an incident that is in early stages of investigation…without having all of the facts.”


MEANWHILE IN SAN DIEGO…

In 2012, San Diego police officer Jonathan McCarthy shot an unarmed man, Victor Ortega, at the end of a chase on foot, after responding to a 911 call from Ortega’s wife after a dispute.

McCarthy said Ortega reached for the officer’s weapon in an alley, but there were inconsistencies in McCarthy’s storyline. Expressing doubts at the particulars of McCarthy’s story, U.S. District Court Judge Larry Burns denied San Diego’s request to throw out a federal lawsuit filed by Ortega’s wife, Shakina.

The city appealed Judge Burns’ ruling, and filed a brief last week insisting that the inconsistencies were irrelevant, and that McCarthy should not be denied qualified immunity, as he had probable cause to fear for his life.

Kelly Davis has the story for Voice of San Diego. Here’s how it opens:

The alleyway where Victor Ortega died, the one that cuts up the middle of Court 84 of the Mesa Village apartments in Mira Mesa, is a little more than 3 feet wide. Enclosed by a high stucco wall on one side and a fence on the other, it’s a cramped space. It’s where, on the morning of June 4, 2012, San Diego police officer Jonathan McCarthy shot and killed the 31-year-old unarmed father of two after Ortega allegedly grabbed for the officer’s gun.

Townhouses surround the alley, but there were no witnesses to Ortega’s death. Two residents told investigators they saw, from their window, McCarthy and Ortega engaged in a struggle, but turned away seconds before shots were fired. Several other people reported hearing Ortega say a stunned “Are you kidding me?” and “I’ll sue you” moments before gunfire.

McCarthy, who had spent just two years on the force before the incident, told police investigators that he feared for his life before he shot Ortega. Based on the officer’s version of events, prosecutors said Ortega’s killing was justified.

But police reports, depositions, interview transcripts and other evidence disclosed in a federal lawsuit filed two years ago by Ortega’s widow reveal inconsistencies in McCarthy’s account of what happened in the alleyway immediately before Ortega’s death. U.S. District Court Judge Larry Burns, who is presiding over the case, recently expressed doubt that it would be possible for McCarthy to have done everything he said he did during his altercation with Ortega.

In denying the city’s request to throw out the lawsuit, the judge ruled that McCarthy’s story has enough holes that a jury needs to sort out what happened.

“Plaintiffs,” Burns wrote, “have submitted evidence that would give a reasonable jury pause.”

Ortega was killed almost three years ago, but his case shares some of the same characteristics as other disputed police shootings that have recently inflamed communities across the country. A police officer pursued an unarmed criminal suspect. A struggle ensued with conflicting evidence about what occurred. And the suspect ended up dead.

In Ortega’s case, everything began with a call to 911.

Posted in Charlie Beck, juvenile justice, Kamala Harris, LAPD | 9 Comments »

Manifesting Justice This Week in Los Angeles

May 4th, 2015 by Taylor Walker

CURTAIN RAISED FOR POP-UP ART EXHIBIT AND CIVIL RIGHTS CONVERSATION SPACE, MANIFEST JUSTICE

As events in Baltimore and elsewhere continue to unreel, on Saturday in Los Angeles, a unique combination pop-up art show and public discussion launched at the Baldwin Hills Theater to promote dialogue about civil rights, social and criminal justice, and activism in order to “build a healthier and more just future.”

The 10-day event, called Manifest Justice, put on by Yosi Sergant of TaskForce PR, along with the California Endowment and Amnesty International, features the work of more than 190 artists, discussions with criminal justice leaders and activists, as well as music, poetry, plays, workshops, and a lot more.

Manifest Justice opened Saturday morning with a Prop 47 Record Change Fair, organized by Californians for Safety and Justice. Attendees with felonies that qualified for reclassification under Prop 47 were offered free legal advice from LA County public defenders and volunteer attorneys, along with help in filling out required court forms. (We’ll have more on the Record Change Fair later this week.)

At 10:00a.m., US Rep. Tony Cardenas (D-Calif.) chaired a community dialogue in which an array of panelists told of their personal experiences with the justice system.

There was, for example, Charity Chandler, a woman who now works as an activist at Anti-Recidivism Coalition (ARC), founded by former film producer Scott Budnick.

Chandler’s first encounter with LA County’s juvenile justice system began in her early teens with a six-month stint in Juvenile Hall for petty theft after she stole a pack of underwear and a t-shirt.

From that point on, Chandler said she went through things “no child should have to experience,” cycling in and out of juvenile detention and foster care.

When she found out she was pregnant at 18 with a little boy, Chandler had to convince herself that she was not worthless. Chandler made a vow to herself, “I refuse to be a statistic, and I refuse to bring a black man into this world…and have him suffer like me and so many countless others.”

That decision sent Chandler down a path of transformation and redemption. Chandler became an advocate, and enrolled in school while she was pregnant. She said she finished graduate school this week.

(For more of Chandler’s story, watch her TEDx talk at Ironwood State Prison.)

Other panelists discussed their efforts toward policy change.

Dr. Paul Song, head of, Courage Campaign, spoke about the importance of funding universal pre-kindergarten as a force against poverty and crime.

Dr. Song pointed to stats indicating that kids in poor communities who didn’t participate in government-funded pre-K were 70% more likely than their peers to get arrested for violent crime by the age of 18, and that career criminals can cost the state as much as $1.3 million.

Song argues that while Governor Jerry Brown is intent on storing surplus budget money in a rainy day fund, “for many communities at risk…it has never stopped raining.”

Another panel member, Winston Peters, an LA County Assistant Public Defender, told his story of transformation. Peters said he focused only on the legal aspects of his cases, until he worked at a now-defunct juvenile center in South Los Angeles where, Peters said, he realized that, while he was a good a lawyer, his young clients faced a list of daunting issues that the law failed to adequately cover, abuse, trauma, and mental illness among them.

Peters also noted that LA’s public defender’s office has made efforts to bridge the gap he witnessed all those years ago, by creating a multidisciplinary approach that includes hiring social workers to team up with the attorneys in the juvenile justice division.

Elsewhere in the Baldwin Theater, a massive cardboard Lady Liberty holds her head in her hands. Across the room, a Ferguson police car has been turned into a garden.

Here are photos of a handful of the art installations on display (but really must be seen in person).

“The Talk,” by Michael D’Antuono:

Jordan Weber:

Yolanda Guerra:

Scheduled for later in the week are workshops, discussions, performing arts, and other not-to-be-missed experiences.

But, if you only choose one day to visit the Manifest Justice exhibit, consider making it Wednesday, May 6. At 6:30p.m., Sybrina Fulton, Trayvon Martin’s mom, and Dr. Robert Ross, head of the California Endowment, will discuss “resilience,” followed by a play from Patrisse Cullors of Dignity and Power Now and #BlackLivesMatter.

There are a ton of other great events and reasons to take in Manifest Justice before it’s over, so check out the website and calendar for yourself.

Note: Watch artist Max Rippon paint overlapping NY Times headlines to create “The True Is a Moment of the False” in the above video.

Posted in American artists, American voices, art and culture, Civil Rights, criminal justice, Foster Care, juvenile justice, prison, Public Defender, racial justice, School to Prison Pipeline | 15 Comments »

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

May 1st, 2015 by Taylor Walker

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

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

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

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

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

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

* 100% of families maintained their housing

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

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

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

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

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

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

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


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

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

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

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

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

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

[SNIP]

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

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

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

There’s more, so read the rest.


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

DOJ, LASD Approve Antelope Valley Settlement…For-profit Prison Companies’ Political Influence…and How We Label Kids

April 29th, 2015 by Taylor Walker

LA SUPES OKAY DOJ AND SHERIFF’S DEPT. SETTLEMENT OVER DISCRIMINATION IN THE ANTELOPE VALLEY

On Tuesday, the US Department of Justice and LA County agreed on a court-enforceable settlement that will bring much-needed reforms to the LA County Sheriff’s Department stations in Lancaster and Palmdale.

The LA County Board of Supervisors approved the settlement in a closed-door meeting Tuesday. The Supes voted 4-1, with Mark Ridley-Thomas as the dissenting vote.

The settlement was announced nearly two years after the DOJ slapped the LASD with a 46-page “findings” letter detailing systemic discrimination against black (and to a lesser extent, Latino) residents.

The DOJ investigation found that officers from the Antelope Valley stations were conducting racially biased searches and seizures, using excessive force against people already in handcuffs, and harassing and intimidating Section 8 housing voucher holders along with the county Housing Authority with the intent to oust residents and push them into moving out of the area.

The DOJ is working out a separate agreement with the Housing Authority of LA County.

Tuesday’s settlement agreement also instructed the county to set aside $700,000 to compensate the Section 8 housing voucher holders whose rights had been violated—a far cry from the $12.5 million the Justice Department originally demanded of the county in 2013. The county is also ordered to pay an additional $25,000 penalty to the US.

An independent team will monitor the department’s progress as it puts the ordered reforms into action, against a four-year deadline.

Here are the issues to be be addressed, according to the DOJ:

Stops, searches and seizures: measures to improve collection and analysis of policing data to identify instances and patterns of unlawful police-civilian contact, such as stops without adequate legal justification;

Bias-free policing: improved training and supervisory review to prevent and identify biased or discriminatory conduct;

Use of force: measures to improve the quality of use-of-force investigations and develop a better means to detect and correct problematic force patterns and trends;

Policies and training: revised policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner, with an emphasis on de-escalation and use of the minimal amount of force necessary;

Internal and civilian complaint investigations: including standards for conducting objective, thorough and timely investigations;

Supervision: including holding supervisors accountable for close and effective supervision; and providing guidance on effective accountability systems to improve public trust;

Housing: measures to ensure proper limits on deputy involvement in searches of Section 8 voucher holders’ homes for compliance with program rules; and

Community engagement: including measures to strengthen civilian involvement and feedback in setting policing priorities; public information programs to keep civilians informed of policing activities; requirements for community interaction at all levels of LASD; and establishing community advisory entities to ensure that meaningful feedback is obtained from the community.

The Sheriff’s Dept. has implemented around a third of the DOJ’s 150 requirements, thus far, but LA County Sheriff Jim McDonnell said he “will not be satisfied, nor should others be satisfied, until we are in full compliance with the high bar that we have willingly taken on – and I welcome the watchful eye of our community to ensure that we meet those standards.” Sheriff McDonnell said the LASD will look at the DOJ requirements as “opportunities” for the department to improve knowledge, training, and policies.


BY THE WAY: THERE ARE THREE MORE TOWN HALL MEETINGS (INCLUDING THURSDAY) TO DISCUSS THE LASD OVERSIGHT COMMISSION

The working group tasked with advising the LA County Board of Supervisors on the structure, power, and objective of civilian oversight for the sheriff’s department has been holding town hall meetings to gather community input on the issue. There are still three more meetings in different LA County locations through which you can have a voice in the creation of the oversight panel. Here’s the info.


THE GROWTH OF PRIVATE PRISON COMPANIES THROUGH SPENDING $$ ON POLITICS

Private prison companies GEO Group and Corrections Corporation of America purport to save states and the federal government money, but in doing so treat prisoners like commodities, even employing lock-up quotas and “low crime taxes.” (Read WLA’s previous posts about troubled private prisons—here, here, and here.)

In order to business from various states and the federal government, since 1989 the two companies have donated $10 million to candidates campaigns, and another $25 million lobbying. And the expenditures have paid off. In 2010, CCA and GEO Group made around $3 billion in profit. GEO Group’s 2010 profits, in particular, jumped 121% over their 2001 figures.

Presidential candidate, Senator Marco Rubio, appears to have close ties with GEO Group. When the now-senator served as Florida’s Speaker of the House of Representatives, the House awarded a $110 million contract for a new FL prison to the private company. GEO Group received the contract after Rubio hired a former GEO Group trustee as a financial advisor for his campaign. The senator has also received around $40,000 in campaign donations from the company throughout his career.

California has its share of private lock-ups run by the GEO Group, some federal, others local.

Michael Cohen shines a light on this issue for the Washington Post. Here’s a clip:

With the growing influence of the prison lobby, the nation is, in effect, commoditizing human bodies for an industry in militant pursuit of profit. For instance, privatization created the atmosphere that made the “Kids For Cash” scandal possible, in which two Pennsylvania judges received $2.6 million in kickbacks from for-profit juvenile detention centers for sending more kids to the facilities and with unusually long sentences. The influence of private prisons creates a system that trades money for human freedom, often at the expense of the nation’s most vulnerable populations: children, immigrants and the poor.

The biggest beneficiaries of private prisons’ political donations have been Republican politicians in Florida, Tennessee, and border states with high populations of undocumented immigrants. The Republic Party of Florida PAC has received nearly $2.5 million from GEO and CCA since 1989. In 2010, GEO and its affiliates pumped $33,500 into political action committees benefiting Florida Republicans, including the Marco Rubio for U.S. Senate PAC. Since 2009, GEO Group’s co-founder and chief executive, George Zoley, has personally donated $6,480 to Rubio.

A 2011 investigative report published by The Center for Media and Democracy detailed the connections between Rubio and GEO during his time in the Florida House. It notes that Rubio hired Donna Arduin, a former trustee for GEO’s Correctional Properties Trust, as an economic consultant. Arduin worked with Rubio’s then-budget chief, Ray Sansom, who pushed through a $110 million deal for a new GEO prison in the House Appropriations Bill. The report also detailed how legislation favorable to GEO Group has shadowed Arduin’s presence in government from California to Florida. In 2011, Florida Gov. Rick Scott – who also used Arduin as a budget adviser – pushed (unsuccessfully) to privatize 27 prisons south of Orlando.


“DELINQUENTS,” AT-RISK YOUTH,” AND “DROPOUTS”

For those of us who are word-junkies, Anya Kamenetz has a fascinating story for NPR about the history of what we have called kids who have had contact with the juvenile justice system, or are homeless, or who are not in school, or any combination of the three. From “juvenile delinquent,” to “superpredator,” to “at-risk youth,” Kamenetz breaks down what each label represents and suggests about kids they identify. Here’s how it opens:

Much of our recent reporting, especially from New Orleans, has focused on young people who are neither in school nor working. There are an estimated 5 1/2 million of them, ages 16 to 24, in the United States.

But what do we call them? The nomenclature has fluctuated widely over the decades. And each generation’s preferred term is packed with assumptions— economic, social, cultural, and educational — about the best way to frame the issue. Essentially, each name contains an argument about who’s at fault, and where to find solutions.

“I think the name matters,” says Andrew Mason, the executive director of Open Meadow, an alternative school in Portland, Ore. “If we’re using disparaging names, people are going to have a hard time thinking that you’re there to help kids.”

Mason has worked in alternative education for more than 23 years and has seen these terms evolve over time.

To delve deeper into just how much the taxonomy has changed, I used Google’s Ngram Viewer tool to track mentions of some of the most popular phrases in published books. I started at the year 1940. Back then, the prevailing term was:

Juvenile Delinquent

This is among the oldest terms used to describe this category of young people. It was originally identified with a reformist, progressive view that sought special treatment for them, outside of adult prisons. It lumped together youths who broke a law, “wayward” girls who got pregnant or young people who were simply homeless.

The New York House of Refuge, founded in 1825, has been called the first institution designated exclusively to serve such youth. An 1860 article in The New York Times described its mission as “the reformation of juvenile delinquents.”

This was the beginning of the “reform school,” aka “industrial school” movement. The primary response to young people in these situations was to institutionalize them, sometimes for years, with varying levels of access to food, shelter, work and education…

Posted in Civil Rights, Department of Justice, jail, Jim McDonnell, juvenile justice, media, racial justice | No Comments »

LA to Get a Conviction Integrity Unit, LA’s Judge Michael Nash is Back, Bridging the Gap Between Homelessness and Employment, and Crime Victims

April 24th, 2015 by Taylor Walker

LA COUNTY DA JACKIE LACEY TO LAUNCH UNIT TO HUNT FOR WRONGFUL CONVICTIONS

Los Angeles District Attorney Jackie Lacey is establishing a conviction integrity unit to investigate innocence claims, following a wave of recent exonerations in Los Angeles and across the nation.

The team will consist of three prosecutors, a senior investigator, and a paralegal. DA Lacey has asked the Board of Supervisors for around $1 million in funding.

(Read about conviction integrity units elsewhere in the US: here and here.)

The LA Times’ Marisa Gerber has more on the new unit. Here’s a clip:

Los Angeles County Supervisor Mark Ridley-Thomas said he expects that a new conviction review unit would particularly help people of color, who he said are wrongfully convicted at disproportionately high rates.

“It sends the message to law enforcement officers that trumped-up charges will not work,” he said. “It’s another dimension of checks and balances in the criminal justice system, which I think is sorely needed.”

The units have already had an effect in other places in California.

On Wednesday, at the request of the Ventura County district attorney’s office, a judge dismissed a murder case against Michael Ray Hanline, who was convicted in 1980. The office said it made the request after an investigation by its conviction integrity unit, along with the California Innocence Project, which turned up new evidence casting doubt on Hanline’s guilt.

[SNIP]

Barry Scheck, co-founder of the New York-based Innocence Project, said that setting up a unit won’t necessarily translate into meaningful change or exonerations.

“There are lots of people who can say, ‘Oh gee, I have a conviction integrity unit,’ because that’s now the necessary fashion accessory,” he said.

To be successful, Scheck said, Los Angeles County should search for someone with “a different way of looking at the cases” —- like a former defense attorney — to lead the unit. The other key, he said, is fostering robust relationships between prosecutors and defense lawyers in which neither side expects to be “sandbagged.”

“It’s no longer an adversarial relationship,” he said. “It’s a joint search for the truth.”


FORMER HEAD OF LA JUVIE COURT, JUDGE MICHAEL NASH, OUT OF RETIREMENT AND INTO DELINQUENCY COURT

Judge Michael Nash retired in January after serving for nearly 30 years as the presiding judge of LA County’s juvenile court. Fortunately, he did not remain retired for long. Judge Nash is back, and working as a sitting judge in a Compton delinquency court.

Prior to Nash heading the entirety of the 43-courtroom juvenile system, he served as a dependency court judge. (Read about Nash’s efforts to bring transparency and accountability to the children’s court system, here, and the Department of Children and Family Services, here.)

Holden Slattery interviews Nash for the Chronicle of Social Change.

Nash discusses the differences (and commonalities) between delinquency and dependency courts, and the kids he strives to protect. Here’s a clip:

He had shown interest in taking a lead as the county’s Director of Child Protection, a new office created after recommendations by a blue ribbon commission established to overhaul L.A.’s child protection system. But when the Board of Supervisors dithered on hiring him, he recalibrated his sights.

For a couple of months, he enjoyed relaxing at home with his puppy, doing projects, and watching TV shows that had never fit his schedule in years past.

But Nash wanted more than a cozy seat on the couch. He applied for California’s Assigned Judges Program, which assigns retired judges to benches where they are needed. Nash was appointed to the Juvenile Court in Compton. He now sits in Judge Donna Groman’s courtroom on Tuesdays, Wednesdays and Thursdays while Groman does administrative work.

As presiding judge, Nash was responsible for all of the delinquency courts and dependency courts in Los Angeles County—more than 40 courtrooms in total. In delinquency courts such as Los Angeles County’s Juvenile Court, a judge determines whether children have broken laws and takes corrective action. In dependency courts, a judge decides whether children have been victims of maltreatment. Before being elected as presiding judge, Nash worked in a dependency court. This is his first time working on the delinquency side of the county’s vast judicial system for minors.

“This is a new experience for me, and it’s great,” Nash says in Groman’s office during a break. “This court is really a hybrid between two systems.”

“On the front end of this process, it’s like a criminal court because kids are charged with crimes and you have to deal with that. But once you get to resolve that issue, it’s the same thing we do on the dependency side. We have to work with these kids and their families to ensure that they’re in stable settings and getting the services they need to become productive members of the community.”


LA TRADE TECH PROGRAM COMBATS SOUTH LA UNEMPLOYMENT RATE, HELPS THOSE IN NEED LAND JOBS

Los Angeles Trade Tech’s nonprofit WorkSource Center, which opened in November, makes finding work an attainable goal for low-income men and women in the eastern part of South LA, where the unemployment rate is more than twice as high as the state average. The center serves as a hub, providing everything from employment training and job fairs, to work clothes and tools, and connecting participants to housing assistance and other indispensable services.

The program runs on a $1.1 million grant from the City of Los Angeles.

KPCC’s Brian Watt has more on the issue. Here’s a clip:

Job seekers take online classes, and complete resumes and job applications at the center’s computer terminals. Private meeting rooms are available for job interviews. The center will host a job fair on May 7.

Carlon Manuel, who works at the WorkSource center, said many of the people who come for help are homeless and hungry.

“We can help them find housing, food banks, rental assistance,” Manuel said, standing in a large closet full of donated suits, ties, dress shoes and business-casual sweaters. “We can give you everything but underwear and a T-shirt and socks. The underwear, T-shirts and socks you work on your own.”

Manuel’s colleague, John Wilson, added: “We’ve put gas in someone’s car so they could get to an interview.”

On a recent Thursday, Manuel, Wilson and other staffers at the center helped a group of men sign up for a construction apprenticeship program. Some were military veterans. Others were what Manuel called “veterans of the streets,” who were referred to the center by representatives at Homeboy Industries, a local nonprofit that helps current and former gang members.

Applications and training are the first steps for job seekers. As they near the end of that process, and are at the cusp of getting hired, other needs can get in the way. Construction work might require tools and boots that the employer doesn’t pay for. The same goes for culinary knives for line cooks in restaurants. If the aspiring worker doesn’t have the cash to cover those items, the center tries to find a way.


CRIME VICTIMS’ RIGHTS WEEK: POLICE WIDOW AND ADVOCATE CALLS FOR EQUAL ACCESS TO VICTIM SERVICES

In the summer of 2005, Dionne Wilson’s police officer husband, Dan, was talking with three drunken young men outside of an apartment building when one of them pulled out a gun and shot him.

In an op-ed for the Sacramento Bee in honor of National Crime Victims’ Rights Week, Dionne Wilson explains how her husband’s murder led her to become a member of Crime Survivors for Safety and Justice. Wilson says that while she received excellent support as a victim of crime, her experience did not fall within the norm. Not all crime survivors are treated the same by the criminal justice system, and many do not have easy access to support and resources. Wilson helped secure funds for one-stop-shop trauma recovery centers in California to combat these problems. Currently, there are just three centers in Los Angeles and one in San Francisco. Wilson says more are needed, and lauds the allocation of anticipated Prop 47 funds for future trauma recovery centers.

Here’s a clip:

Responding to a minor disturbance outside an apartment complex, Dan spoke with some young, very intoxicated men. One man, who had been in jail for drugs and feared a return trip, drew his gun and shot Dan. The man was caught, convicted and received the death penalty. But the healing I expected did not come. I was angry, depressed and broken.

As a police widow, I had all the support you could want: Friends brought me food, Dan’s colleagues helped me navigate the justice system and everyone always saw me as a victim. Without this support, I would not have made it.

However, the entire experience led me to view the system itself as broken…

This endless cycle of incarceration is largely driven by mental health and drug addiction issues that continue to be punished instead of healed. This is exactly what happened with the man who shot my husband.

The current approach is not working; it’s expensive and not making us safer. This realization led me to work with Crime Survivors for Safety and Justice, a statewide network whose members were in Sacramento on Monday and Tuesday to call for new priorities that better aid survivors.

For example, the support I received after Dan’s death is the exception, not the rule. After meeting with survivors, I realize that the justice system does not respond to victims equally. Equally troubling is that a vast majority of crime survivors don’t know about, or have access to, services for victims.

Posted in DCFS, District Attorney, Foster Care, Innocence, juvenile justice, LA County Board of Supervisors, law enforcement | 2 Comments »

Santa Clara Does it Right With Dual Status Kids….Defining Violent Felony….Freddy Gray’s Voice

April 23rd, 2015 by Celeste Fremon


Earlier this month we introduced you to Angel,
a young woman, now-20, who had spent much of her adolescence in the care of [tk] County juvenile probation, not because she was particularly breaking any laws (save things like lying about her name when approached by cops), but because after years of chronicled abuse by her mother, she finally fought back, although she was reportedly the one with the bruises. As a consequence Angel wound up a juvenile lock-up. Then, when her term was finished, she stayed under the care of probation, because—although she should have long-ago been in the foster care system, now that she was a teenager, no one seemed sure where else to put her.

Angel was a “dual status” or crossover kid, which in many California jurisdictions makes kids like her nobody’s child.

As defined by the Robert F. Kennedy Children’s Action Corps, the term “dual status youth” refers to young people who come into contact with both the child welfare and juvenile justice systems, and occupy various statuses in terms of their relationship to the two systems. A growing body of research has consistently shown that, in comparison to kids involved in only one of the two systems, dual status youth are usually dealing with more in the way of childhood trauma and other daunting challenges. Sadly, despite their needs, these kids often get less consistent help and attention than singly involved young people.

The RFK National Resource Center for Juvenile Justice (a division of the RFK Children’s Action Corps) is trying to change all that by offering consultation, technical assistance, and training to local, state and national “youth-serving agencies” to improve the lives and the outcomes of dual status kids.

With this in mind they have worked with 13 jurisdictions around the nation on efforts designed appropriately synchronize the two systems—child welfare and juvenile justice—in order to give dual status kids the consistant care and services they need to begin to thrive.

One of RFK’s earliest “demonstration” sites is California’s Santa Clara County, which is located at the southern end of the San Francisco Bay and encompasses 1,312 square miles.

Heidi Benson, writing for the Juvenile Justice Information Exchange, has written an excellent profile of what Santa Clara is doing with RFK’s guidance, who is involved, and how it is changing kids’ lives for the better.

Here are some clips:

SAN JOSE, Calif. — At 8 years old, Marco had spent most of his life in the child welfare system. When an uncle took him in, to the first stable family environment he’d ever known, the boy finally began to thrive.

When he turned 13, his behavior changed. He started fighting at school and smoking marijuana daily. His uncle feared for the family’s safety. Marco was sent to a group home. Soon, he was living on the street, addicted to methamphetamine.

The scenario is all too common, said Laura Garnette, chief probation officer for Santa Clara County. “Kids hit adolescence and something snaps.

“We don’t know why, whether it’s memories or the onset of puberty,” said Garnette, who first studied to be a psychologist. “Something triggers past trauma.”

[SNIP]

Previously, Marco might have fallen into the bureaucratic and philosophical gap between probation and child welfare. Today, he is back in school and in treatment for substance abuse. Though he is still in a group home, he now lives four days a week with his uncle, whose family is getting supportive services.

“Marco will probably be our first graduate,” said Garnette, who sat in on his hearing in January. “Soon, he’ll be out of both systems. He’ll be living full-time with his uncle. That’s our goal.”

[SNIP]

Once a case is labeled “dually involved,” another team convenes — a family meeting, organized by a facilitator who is also a youth advocate.

“They bring in everybody under the sun,” Tondreau said, including parents or foster parents, social workers and probation officers. The group stays on board until a case is decided. The anecdotal evidence is encouraging, he said. “Kids are saying, I really like my team, I’m glad they’re involved in my life.”

A growing body of scientific research shows that the adolescent brain is more malleable and more complex than previously known. The findings have informed progressive legislation: In 2014, taking a cue from recent U.S. Supreme Court decisions, the California Supreme Court acknowledged that “children are constitutionally different from adults for purposes of sentences.”

The distinction has come into play in Santa Clara.

[SNIP]

Even in the best of circumstances, adolescents are vulnerable to poor judgment while their brains are developing. “You’re not weighing consequences because you don’t have the ability to do it quite yet,” said [Presiding Juvenile Court Judge Patrick] Tondreau, who confessed that he knows this through personal experience.

“Part of the reason for my love of juvenile court is that I was in juvenile delinquency court myself,” he said. “I was a good kid, but I got involved with a couple of guys and we snuck out every night and were going for joy rides. Nobody locked their cars back in 1961. We’d get in the car. We’d drive around. And we’d park it right where we’d found it. We weren’t trying to hurt anybody. Then one night, we hit a telephone pole. Everybody got hurt. Not badly. We were lucky.”

At the time he was an Eagle Scout and on the basketball team of his Jesuit high school in Portland, Ore.

He never forgot the sadness he felt, or how deeply upset his parents were. “The shame that they had, that cured everything. The judge couldn’t have done anything to me,” he said.

“Even as a really good kid, with really good parents, I made some terrible mistakes. Adolescents screw up. It’s what happens.”

Now, as a judge of adolescents, he brings that awareness to the bench.

And so does Santa Clara County.


WHEN A VIOLENT FELONY ISN’T VIOLENT

In federal criminal law, the definition of “violent felony” is an extremely fuzzy one. The LA Times Editorial Board hopes that the U.S. Supreme Court will force Congress into making some needed changes.

Here’s a clip:

Twice recently the Supreme Court has chastised the U.S. Department of Justice for stretching criminal laws beyond their rational application in order to secure a conviction. Beyond their consequences for individual defendants, these decisions sent a welcome message to prosecutors that they must not uproot a statute from its clear context in order to get their man (or woman).

Sometimes, however, prosecutors are aided in their overreach by laws that are so vaguely written that it’s not clear exactly what conduct is being targeted. On Monday, the Supreme Court heard a challenge to one such law, which allowed the government to define illegal possession of a gun as a “violent felony” justifying an extended prison term.

The exceedingly unattractive defendant in this case, Samuel Johnson, is a white supremacist from Minnesota who pleaded guilty in 2012 to being a felon in possession of a firearm. Under the Armed Career Criminal Act, he was sentenced to a 15-year prison term because he had three prior “violent felonies” on his record. Johnson conceded that two of his previous convictions, for robbery and attempted robbery, were violent felonies. But he disputed the government’s decision to classify a third conviction, for possessing a short-barreled shotgun, as a “violent felony.”

The notion that the mere possession of an illegal firearm is a violent act defies the dictionary and common understanding, and Johnson initially argued — plausibly — that it was not. But Monday’s arguments focused on a broader issue: whether the violent felony provision in the Armed Career Criminal Act was unconstitutionally vague. The answer is clearly yes.


AND NOW….FREDDY GREY’S VOICE & A NEW DOJ INVESTIGATION

Now there is an other front-and-center death of a young black man in the nation’s vision; that of Baltimore’s Freddie Gray. On Tuesday, the U.S. Department of Justice announced that it would launch a civil rights investigation into Gray’s death in police custody, which is sparking ongoing demonstrations.

Gray, 27, died this past Sunday, April 19, a week after he was chased by Baltimore officers on April 12, when he took off running after exchanging eye-contact with one of the cops. It is not clear why the BPD chased him, other than the fact that he ran. He was found to have a knife on him, which is not necessarily illegal in Baltimore, and which was not known until he was caught and searched. None of the officers who apprehended Gray described any kind of use of force on the man.

And yet…..Gray reportedly died of a complication of a spinal injury that, barring out-of-season lightening strikes or other forces majeures, almost certainly were sustained during his arrest or during his transport in a police van, or possible both, with the van ride worsening a first injury. According to The Baltimore Sun, members of Freddie Gray’s family have said he sustained three fractured vertebrae in his neck and that his larynx was crushed. Since anyone with the slightest amount of first aid training knows that moving a spinal injured person can exacerbate the problem, the van ride, particularly if he travelled without a seatbelt, could have turned a bad situation tragic. The Sun has also reported that officers present in the van said that Gray repeatedly asked for medical attention.

And was Gray spinal-injured in the course of being apprehended by police? A cell-phone video taken by a local observer would certainly suggest so, given the strange limpness of Gray’s legs as he is being dragged to the police van, shouting what appears to be intense pain.

Baltimore officials like Mayor Stephanie Rawlings-Blake, and police Chief Anthony Batts, (formerly of Long Beach PD, followed by Oakland PD) have struck most of the right notes, promising an unusually quick and transparent investigation, and being very careful to humanize Freddy Gray with believable empathy, while not demonizing officers as they do so. The BPD has, however, suspended the six officers most involved.

The BPD investigation is due to be handed over to prosecutors on May 1. Mayor Rawlings-Blake said she will launch an investigation by an independent commission. And now we have the feds.

If you haven’t yet watched the cell-phone video of Mr. Gray’s arrest, you can find it above. It is harrowing. Not so much the look of it. It is the sound of Gray’s voice.

Here, if you’d like to read a little further, is a commentary by The New Yorker’s Amy Davidson that talks mostly about that voice.


Photo of Angel by the excellent Max Whittaker, a freelance photojournalist and founding member of Prime.

Posted in Civil Liberties, Department of Justice, Foster Care, juvenile justice, Juvenile Probation, law enforcement, racial justice, Sentencing | No Comments »

States Shift Away from Costly Juvie Detention, FBI Hair Forensics Fiasco, and “Joven Noble”

April 21st, 2015 by Taylor Walker

NEW REPORT SHOWS STATES ARE STARTING TO RE-THINK PUTTING KIDS IN OUT-OF-HOME DETENTION

States are starting to replace the ineffective and expensive practice of incarcerating kids in residential facilities, choosing instead to keep kids with their families through community-based alternatives, according to a new Pew Charitable Trusts brief on the issue.

Research shows that out-of-home detention fails to reduce recidivism, and in many cases, makes kids more likely to reoffend.

A recent study in Texas found that kids housed in state detention facilities were 21% more likely to be arrested again within one year of release than their peers under community supervision.

And neither do longer stays in residential detention facilities lower recidivism rates.

A Ohio report revealed that kids kept locked up longer were much more likely to reoffend than kids detained for a shorter period.

Multiple studies reveal that states receive a paltry return on the millions of taxpayer dollars they spend on locking kids up.

In 2012, CA was spending around $180,000 annually to house each locked-up kid. And more than half of the state’s incarcerated kids reoffended within three years of release.

Many states are catching on and passing legislation to limit what types of offenses can land kids in out-of-home facilities, and for how long they can remain incarcerated.

In 2007, California banned sending kids to state facilities for low-level and nonviolent offenses. Several other states stopped putting kids in detention facilities for misdemeanors and other non-serious offenses. Mississippi even limited out-of-home placements in the state’s training camp to kids with violent felonies or more than three misdemeanors.


FBI FORENSIC HAIR EXAMINERS GAVE FLAWED TESTIMONY IN HUNDREDS OF TRIALS SPANNING DECADES

A federal review of 268 cases revealed 26 of 28 FBI forensic examiners overstated hair comparisons 95% of the time when giving forensic testimony against a defendant. According to the investigation, the examiners gave flawed testimony against 32 defendants facing death sentences, nine of whom have already been executed, and four of whom have since been exonerated.

But the Justice Department is not stopping at 268. Around 2,500 applicable cases from before the year 2000 (in which the lab reported hair matches) are slated for review.

The Washington Post’s Spencer Hsu has the story. Here are some clips:

The FBI errors alone do not mean there was not other evidence of a convict’s guilt. Defendants and federal and state prosecutors in 46 states and the District are being notified to determine whether there are grounds for appeals. Four defendants were previously exonerated.

The admissions mark a watershed in one of the country’s largest forensic scandals, highlighting the failure of the nation’s courts for decades to keep bogus scientific information from juries, legal analysts said. The question now, they said, is how state authorities and the courts will respond to findings that confirm long-suspected problems with subjective, pattern-based forensic techniques — like hair and bite-mark comparisons — that have contributed to wrongful convictions in more than one-quarter of 329 DNA-exoneration cases since 1989.

[SNIP]

The FBI is waiting to complete all reviews to assess causes but has acknowledged that hair examiners until 2012 lacked written standards defining scientifically appropriate and erroneous ways to explain results in court. The bureau expects this year to complete similar standards for testimony and lab reports for 19 forensic disciplines…

Federal authorities are offering new DNA testing in cases with errors, if sought by a judge or prosecutor, and agreeing to drop procedural objections to appeals in federal cases.

However, biological evidence in the cases often is lost or unavailable. Among states, only California and Texas specifically allow appeals when experts recant or scientific advances undermine forensic evidence at trial.


CHARACTER DEVELOPMENT PROGRAM “JOVEN NOBLE” HELPS AT-RISK LATINO BOYS NAVIGATE THE ROAD TO ADULTHOOD

In Santa Ana, where the incarceration rates for young Latino men are higher than anywhere else in Orange County, Joven Noble (Noble Young Man) seeks better outcomes for at-risk boys and young men through character development and restorative justice.

The culturally informed curriculum was developed by National Latino Fatherhood and Family Institute. Joven Noble provides young boys and men with an emotional outlet and important behavior skills.

The Santa Ana Boys and Men of Color has helped spread the curriculum to Santa Ana schools, where kids can enroll as an alternative to suspension.

The OC Register’s Alejandra Molina has more on Joven Noble and the boys the program has helped. Here’s a clip:

Here in Santa Ana, coordinators are hoping to reach Latino youth by instilling a “rites of passage” curriculum, or Joven Noble, that challenges the myth that manhood is defined by physical dominance and sex. Manhood, the practice says, is about honor, generosity and respect.

For Reyes, expressing his feelings proved a struggle. He said he rebelled after his older brother died. He would bottle up his feelings and resort to “punching something and making a hole in the wall.”

After learning about Joven Noble, his outlook is different.

Reyes now believes that real men respect women, and they’re responsible. They let out their emotions. “They actually get emotional,” he said.

[SNIP]

The program has its roots in South Los Angeles, Compton and Watts to address Latino youth struggling and “exhibiting their pain with substance abuse and gangs.”

Jerry Tello, director of the National Latino Fatherhood and Family Institute, who developed Joven Noble, said when programs honor one’s identity and culture, “problem behaviors begin to lessen.”

Teachers and counselors at pilot schools send a list to coordinators, or circle keepers, of 15 students who have displayed behavioral problems or who would benefit from the curriculum. Enrollment would be an alternative to suspension, Rios said.

Gathered in a circle, students can vent about their weekend or highlight something positive for the week. A lot of it is storytelling, having a conversation. Within those circle discussions, Rios said, “it gives us a space to re-establish the values, traditions.”

At the core of Joven Noble is redefining what it means to be a man.

Posted in FBI, Gangs, Injunctions, Innocence, juvenile justice, Juvenile Probation, law enforcement, Restorative Justice, Youth at Risk | No Comments »

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