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Juvenile Records, Paroled Despite Innocence Claims, Solving Mass Incarceration, and the Supervisors’ Decision-Making Haste

November 14th, 2014 by Taylor Walker

MOST STATES FAILING TO PROTECT JUVENILE RECORDS AND PROVIDE REASONABLE ACCESS TO EXPUNGEMENT

While California does a reasonably good job of protecting kids’ juvenile records, many other states have harsh policies with regard to expungement and the privacy of juvenile records. And when states don’t protect records, they create massive roadblocks for kids and young adults trying to get jobs, go to college, and find housing.

A new study by the Juvenile Law Center gives states a performance score based on how well they protect kids’ sensitive records and how available expungement is for the kids. Here’s a clip from the JLC website (click over to the report to see each state’s score card):

Millions of youth are arrested each year in the United States; 95% of these youth are arrested for non-violent offenses. Arrests and court involvement leads to the creation of juvenile records – all containing details about a child’s family, social history, mental health history, substance abuse history, education. and involvement with the law.

While access to this information by law enforcement and youth-serving agencies is necessary to provide treatment and rehabilitative services to youth, many states also allow widespread access to media, employers, government agencies and victims or sell the data to for-profit companies. Once disclosed, this information is difficult, if not impossible, to recall and can permanently stigmatize youth – interfering with their ability to obtain a job, secure housing, pursue higher education, join the military, or access public benefits. To ensure that records do not limit future opportunities, sealing (closed to the public) and expungement (destruction) of juvenile records should be available to all youth.

“The juvenile justice system is intended to rehabilitate youth and prepare them for a productive future, yet our mishandling of juvenile records creates a paper trail that can lead to failure,” said Lourdes Rosado, Associate Director of Juvenile Law Center. “These records can follow children and youth into adulthood and often limit opportunities for success.”

Many youth and parents are completely unaware that they need to proactively seal or expunge their records until they run into a roadblock as adults. In many states, the process to seal or expunge a juvenile record is also lengthy, costly and may require the services of an attorney.

“There is a misperception that juvenile records are confidential and automatically destroyed when a youth is no longer under court supervision. The reality is that juvenile records are widely accessible long after a young person has become an adult,” said Riya Saha Shah, Author of Scorecard Report and Staff Attorney at Juvenile Law Center. “Retention of juvenile records does little to improve public safety but creates significant barriers to success for youth who are trying to move beyond the mistakes they made as a kid. Permanent, open records are like a ball and chain that prevents youth from becoming productive adults, reducing opportunities for employment, eroding the tax base and can lead to increased recidivism due to reduced job prospects.”

The Juvenile Justice Information Exchange’s Lynne Anderson tells the story of Dina Sarver, a young woman whose childhood offenses prevent her from achieving her dream of becoming a nurse, or even chaperoning her kids’ field trips. Here’s a clip:

She was so determined to become a nurse that after this she sent 242 emails to different nursing schools, she said, hoping she could be admitted to a program without her juvenile record being held against her. As it turns out, she cannot even be a chaperone for her children’s field trips. Her juvenile offenses block her.

At age 12, Sarver became “defiant,” she said, about the time her parents divorced. She moved from a nice home in the suburbs into Section 8 housing with her mother and several of her brothers and sisters. Because her mother is Haitian and needed help translating complicated forms for vouchers and Medicaid, Sarver became her mother’s helper. It took a toll.

“I couldn’t concentrate in school,” she said. “I acted out.”

Her first arrest, she said, was for getting into a fight at school at age 12.

By age 15, she was serving time for auto theft. And, she was pregnant.

Having a baby was the best thing that ever happened to her, she said.

“I realized I had another life I was responsible for,” she recalled. “It was time to get my life together.”

She did. She got her GED, married and went to college…

Read the rest of Dina’s story.


SMALL TREND OF PEOPLE CLAIMING INNOCENCE BEING GRANTED PAROLE, WITHOUT HAVING TO EXPRESS REMORSE

Thanks to increased awareness about wrongful convictions via media attention and DNA testing, a small, but growing number of inmates—some in NY, California, and Alaska—are winning parole despite their continued claims of innocence, an outcome virtually unheard of until recently.

One New York man, Freddie Cox spent 28 years behind bars for second-degree murder. Cox went before the parole board three times, maintaining his innocence (backed by a co-defendant’s admittance of his own guilt and Cox’s innocence), and was turned down. Inmates have consistently had better chances of winning parole if they admit guilt and express remorse. But Cox was granted parole on his fourth try, with help from a petition by Exoneration Initiative lawyers.

The NY Times’ Stephanie Clifford has more on the issue, as well as the rest of Cox’s story (and a lovely video). Here’s a clip:

The predicament that had confronted Mr. Cox is known as the parole paradox: Admitting guilt has historically given inmates a better shot at parole. “Claiming to be innocent was, in the past, considered to be denial,” said Daniel S. Medwed, a professor at Northeastern School of Law.

But now, as New York and other states confront a growing number of wrongful-conviction claims, lawyers, inmates and parole experts say the beginnings of a change are occurring.

On his fourth try, Mr. Cox’s request was granted. Lawyers from the Exoneration Initiative successfully petitioned this summer that there was enough evidence to cast Mr. Cox’s guilt in question, and that his claim of innocence should not be held against him.

Rebecca E. Freedman, one of his lawyers, said they would soon ask a review unit created by the Brooklyn district attorney to review his case.

At least three other men, convicted in Brooklyn courts, have won their freedom despite not admitting guilt: Derrick Hamilton, charged with a 1991 Bedford-Stuyvesant murder, got parole after 20 years in prison; Sundhe Moses, who was convicted in a 1995 shooting that killed a 4-year-old child, was granted parole last year; and Robert Hill, who was convicted of a 1988 murder, was granted parole in May.

“They’re considering actual innocence,” said Tom Grant, a New York State parole board member from 2004 to 2010. With DNA evidence and news media coverage of wrongful convictions, he added, “you can justify a release now.”

On the West Coast, men in California and Alaska who maintained their innocence were granted parole this fall; lawyers in those states said such decisions were exceedingly rare.

“Parole commissioners, like the rest of society, have come to recognize that there are far more innocent people in prison than we had ever imagined, so they’re more receptive to that argument,” said Ron Kuby, a civil rights lawyer who represents Mr. Moses.


DOES THE PRESIDENT ALONE HAVE THE POWER TO SOLVE AMERICA’S OVER-INCARCERATION CRISIS?

The Atlantic’s Stephen Lurie makes the argument that President Barack Obama has the ability to fix the nation’s mass incarceration dilemma, as neither Congress, nor courts, nor public movement can. Here’s how it opens, but do go read the rest of this provocative essay:

Today, like any other day, there are around 2.4 million people incarcerated in America’s federal, state, and local prisons and jails. Together, the nation’s inmates would constitute the fourth biggest city in the United States, knocking Houston down a notch. Expand that grouping to everyone under correctional control, including probation and parole, and you’d have a metropolis of nearly 7 million, second only to New York. Finally, reunite the number of people that see the inside of a jail cell in a given year, and you’d have a prison city with a population as big as New York and Los Angeles combined (11.6 million).

This is not because society is struck by criminality. Incarceration has increased by 700 percent in 40 years despite crime rates dropping. It is a result of deliberate choices. As it spends more than $50 billion each year on the War on Drugs, America still hands down life sentences for non-violent drug crimes, incarcerates African-American males at six times the rate of white males (Latino men 2.5 at times the rate of white males), and has a justice system with proven racial disparities in sentencing, death-penalty verdicts, the granting of probation or parole, and employment prospects after incarceration.

Mass incarceration cripples families and communities, perpetuates poverty, recreates conditions for crime, and institutionalizes a form of racial control. As a result about one in four American adults (65 million) now have a criminal record.

Consider that for a moment—even in the context of historically disastrous periods of American history. One quarter is also the proportion of Americans unemployed in 1933, at the height of the Great Depression, which included the “worst month for joblessness in the history of the United States.” It’s the same proportion as the casualty rate for Civil War soldiers. It’s almost three times the percent of Americans enlisted in World War II.

The issue has been slow to enter public discourse, perhaps because the most affected populations are also the most marginalized. From scenes of armored vehicles and snipers in Ferguson to the totalitarianism of the prison system as presented in Orange is the New Black, that may slowly be changing. Various advocacy groups are organizing movements, some in Congress see an opportunity for bipartisan reform, and litigators continue to seek incremental victories against practices like stop-and-frisk.

But these efforts will not be enough to significantly affect a problem of this scale—at least not alone. Like the critical junctures of past generations, the Civil War or the Great Depression, this is a problem that requires presidential leadership. As the executive, Obama wields straightforward and fundamental power to reduce the scale of mass incarceration; as president, and in particular as a black male president, his ability to address the racial dimension of the system is significantly less clear. Nonetheless, with Attorney General Eric Holder stepping down, the Democrats’ loss of the Senate in the midterms, and and the end of Obama’s presidency looming ever closer, the time and space for action continue to shrink and all signs point in one direction.

It isn’t that presidential action is necessarily a great choice. It’s that other options are structurally impossible or temporarily unavailable. For most policy issues, change can come about three ways, besides from the executive: popular movement, Congress, or legal challenge in the courts. The nature of mass incarceration in the U.S., though, prevents serious change through these alternative routes—even despite some recent signs for hope.


LA TIMES: BOARD OF SUPERVISORS SHOULD WAIT TO MAKE BIG DECISIONS UNTIL TWO NEW SUPERVISORS TAKE OFFICE

An LA Times editorial (we didn’t want you to miss) urges the LA County Board of Supervisors to wait on key decisions until the two Supervisors-elect, Hilda Solis and Sheila Kuehl, take office on December 1.

On Veteran’s Day, the current board met in a closed session to discuss appointments to two important positions, the child protection czar, and the director of public health. They are also looking for a new county CEO. (We would also like to point out that the Supes forged ahead in discussions of $2 billion plans to replace Men’s Central Jail, despite the fact that all sheriff candidates supported the board tabling the issue until the new sheriff was elected.) Here’s a clip:

…It is the incoming supervisors, and not the termed-out incumbents, who should select top staff.

These are not small decisions. The CEO virtually runs the county, preparing what was this year a $26.1-billion budget and overseeing thousands of employees delivering services to 10 million county residents. The successor to William T Fujioka must have the confidence of all five supervisors to whom he will report, not merely three of them plus two who will be gone.

There is a serious question as to whether the CEO position will even exist, given that two holdover supervisors, Michael D. Antonovich and Mark Ridley-Thomas, have called for eliminating the post and reverting to the pre-2007 model — a chief administrator with less authority. That decision, obviously, is also one that belongs to Kuehl and Solis and not Yaroslavsky or Molina.

As for the chief of the Office of Child Protection, it is a new position overseeing a still nonexistent office. Whoever is to hold the job will report directly to the Board of Supervisors and must deftly navigate through unexplored political territory. The new supervisors, clearly, should be in on that appointment too.

Posted in juvenile justice, LA County Board of Supervisors, parole policy | 4 Comments »

California’s Child Trauma Crisis, Vicarious Trauma in First Responders, the Problem with Evidence-Based Practices, and McDonnell’s Challenges

November 7th, 2014 by Taylor Walker

NEW EXTENSIVE REPORT SUGGESTS THAT CHILDHOOD TRAUMA IS A HEALTH CRISIS IN CALIFORNIA

The San Francisco-based Center for Youth Wellness released an unprecedented study on childhood traumas known as “adverse childhood experiences,” or ACEs, in California counties.

One in six Californians (16.7%) have four or more ACEs, according to the study, which used data from 27,745 California Behavioral Risk Factor Surveillance System surveys between 2008 and 2013. (The original 1998 ACEs study by Vincent Felitti of Kaiser Permanente and Robert Anda of the U.S. Centers for Disease Control and Prevention only sampled data from Kaiser members.)

And nearly 14% of Los Angeles residents reported four or more ACES. These ACEs include abuse and neglect, as well as things like having an incarcerated relative, divorce, and mental illness in the household. These experiences can produce toxic stress in kids, which can have lasting negative effects on kids’ health and behavior. Kids with four ACEs have a much higher likelihood of having emotional and physical health issues, and are thirteen times more likely to end up in foster care, compared to people with no ACEs.

“Toxic stress dramatically expands the risk of high risk behavior,” said Nadine Burke Harris, MD, the founder of the Center for Youth Wellness. Dr. Burke Harris also pointed to high number of childhood traumas as underlying many issues such as learning disabilities and the likelihood of incarceration. “We need to look at this as the root cause of most of our social problems.”

However childhood trauma need not be destiny, said Burke Harris. “There is an opportunity for healing throughout a lifetime.”

The report recommends increasing Californians’ access to mental health care, as well as early intervention, and regular collection of ACE data.

Here are some clips from the Center for Youth Wellness:

Nearly 62 percent of Californians have experienced at least one or more types of Adverse Childhood Experiences (ACEs)—such as abuse, neglect or household dysfunction—with one in six exposed to four or more adverse experiences, according to the new report. “A Hidden Crisis: Findings on Adverse Childhood Experiences in California” details the strong correlation between childhood exposure to adversity and trauma with poor health, behavioral and social outcomes later in life. The report also identified the prevalence of ACEs in counties across California.

“California is facing a major public health crisis that until now has gone largely unaddressed – children’s exposure to trauma and adversity,” said Dr. Nadine Burke Harris, founder and CEO of the Center for Youth Wellness. “The science is clear: early adversity dramatically affects health across a lifetime, but this public health crisis is both treatable and beatable. We have the knowledge and resources to reduce morbidity and mortality, and make a real difference in the lives of children and adults across the state.”

[SNIP]

The report found that, compared to people with no ACEs, those reporting four or more ACEs are more likely to face greater physical and mental health, social and economic challenges. Among other outcomes, the study’s key findings indicate that they are:

• 2.4 times as likely to have chronic obstructive pulmonary disease; 1.9 times as likely to have asthma; 1.7 times as likely to have kidney disease; and 1.5 times as likely to have a stroke.

• 5.1 times as likely to suffer from depression, and 4.2 times as likely to be diagnosed with Alzheimer’s or dementia.

• 2.9 times as likely to currently smoke, 3.2 times as likely to engage in binge drinking, and 3.3 times as likely to engage in risky sexual behavior.

• Nearly 12 times as likely to be the victim of sexual violence (or forced sexual encounters) after the age of 18.

• 21 percent more likely to be below 250 percent of the Federal Poverty Level; 27 percent more likely to lack a college degree, and 39 percent more likely to be unemployed.

• 50 percent more likely to lack health insurance.

• 13 times as likely to have been removed from their home as children.

The report also details county-by-county findings, making it apparent that ACEs touch every community in California. Even in counties with the lowest prevalence of ACEs, one out of every two people has had at least one adverse experience in childhood. The highest prevalence rates of adults reporting four or more ACEs are found in Mendocino and Humboldt Counties combined (30.8 percent) and Butte County (30.3 percent), while the lowest prevalence rates of adults with four or more ACEs are found in San Francisco County (9 percent) and Santa Clara County (11 percent).

The Center for Youth Wellness is working in partnership with the San Francisco Police Department to develop a program, scheduled to launch in early 2015, to help officers better understand the effects of trauma in the communities they patrol. “The training, which is still a work in progress, will be designed, “to provide officers with the tools to recognize trauma when they see it,” said CYW policy analyst, Cecila Chen. But while CYW may be providing the data and research for the program, the SFPD will weigh in substantially on how the training is designed. Otherwise, said Chen, it won’t work. “We’re not going to try to tell police officers how to do their jobs. We just want to give them information that they can use to do their jobs better.”

Chen and others at CYW also expressed the hope that the training will help officers to cope with their own on-the-job trauma, that too often goes unacknowledged.


WHILE WE’RE ON THE SUBJECT: SECONDARY TRAUMA AND COUNSELING SERVICES FOR COPS AND OTHER FIRST RESPONDERS

Police officers, fire fighters, and other first responders (as well as social workers, attorneys, and judges) experience high rates of “vicarious trauma,” when they witness or become involved in others’ traumatic experiences. Secondary trauma can produce symptoms akin to those of Post Traumatic Stress Disorder (PTSD), yet departments and agencies often have inadequate support and resources to manage the trauma experienced by cops and other responders.

Thus far, very little research has emerged on what services and programs work to address vicarious trauma. However, the Justice Department’s Office for Victims of Crime is funding the creation of a toolkit by Northeastern University researchers, which is expected to be piloted at four sites next year.

The Crime Report’s Cara Tabachnick has more on the issue. Here are some clips:

“[Most] people work as hard as they can to move away from trauma, but we spend our whole lives running towards trauma,” said Gina Scaramella, Executive Director of the Boston Area Rape Crisis Center (BARCC).

As a young social worker, Scaramella once found herself working with a client who was gang-raped shortly after being forced to watch as her three-year old child was killed. At the time, Scaramella also had a young child.

“I remember I couldn’t stop thinking about it—it was hard to stop,” she said. “You become more guarded, more cautious.”

BARCC offers numerous techniques for their workers and volunteers to guard against vicarious trauma. After an incident call in which a rape or trauma is reported, the volunteer that takes the call checks in with a back-up coordinator, where they can decompress. After medical visits, the staff whom accompanies and counsels the victim, also reports to a back-up coordinator. Additionally, the clinical director at BARCC is always available for private sessions with staff.

Although there are programs and resources that address first responders needs, including the Johns Hopkins University’s Preparedness and Emergency Response Research Center and the First Responders Addiction Treatment Program run by the Livengrin Foundation.

But for the broad spectrum of organizations there are few resources available; nor are there sufficient or policy guidelines for dealing with their experiences. And there is no real standardized information about what works. That led researchers from the Institute on Urban Health Research and Practice at Northeastern University in Boston to develop a national toolkit for vicarious trauma aimed at professionals working in the fields of victim assistance, law enforcement, emergency medical services, and similar jobs.

Funding for the toolkit came through a grant from, the Department of Justice’s Office for Victims of Crime (OVC).

Although the Justice Department released “Vision 21,” a seminal report on the needs of crime victims two years ago, researchers realized there was almost no effort to address the needs of professionals exposed to traumatizing criminal incidents.

Research findings consistently reported that between 40% and 80% of helping professionals experienced “compassion fatigue” and/or high rates of secondary trauma, according to the institute.

[SNIP]

The two-year grant paid for an initial survey of professionals about their experiences, which garnered 8,000 responses. Based on the findings, researchers will develop the toolkits for use in four pilot sites—not yet named—by November 2015.

While organizations or institutions can establish their own safeguards against vicarious trauma, including on site clinical mental health, encouraging a strong support network for staff and a work-life balance, the survey results should guide researchers to develop a more standardized approach using practitioners needs and techniques that have worked in other organizations. If this approach proves successful, it could make a big difference to the emotional health of law enforcement professionals.


WHEN EVIDENCE-BASED PRACTICES GET IN THE WAY OF FRESH AND IMPROVED PRACTICES

For the last 15 years, evidence-based practices—certain community alternatives to locking kids up—have been lauded as the solutions to the over-incarceration of kids. Programs like Multi-Systemic Therapy (MST) and Functional Family Therapy (FFT) have done a lot of good to steer kids away from out-of-home placements, but they are certainly not a cure-all.

In an op-ed for the Juvenile Justice Information Exchange, Amanda Petteruti, Senior Research Associate at the Justice Policy Institute, says that evidence-based practices are not flexible enough to fit the needs of all kids, and should not stand in the way of some more appropriate customizable cost-effective systems that make kids feel like “assets” instead of “damaged goods.”

“Insisting on using only ‘evidence-based practices’ can lock you into what was known 20 years ago,” said Dr. Vincent Felitti at a conference this past Thursday on children and trauma. (Felitti is co-author of the original ACEs study.) “It can be a way of avoiding change. It can keep you from finding newer, better methods.”

Here’s a clip from Petteruti’s op-ed:

Over the last 15 years, juvenile justice advocates fought hard to convince policymakers and government officials that the best way to help youth succeed and improve public safety is to keep them out of secure confinement. To keep youth out of confinement, we argued, we should place youth in the community and enroll them in evidence-based practices (EBPs) close to home…

Policymakers and government officials seem to have bought what we were selling: As a former staffer at a juvenile justice agency, I had to help a council member understand why every youth couldn’t and shouldn’t be in an MST program. These policymakers wanted the “gold standard” EBPs, but not every young person qualified to participate in MST.

What’s more, MST and other evidence-based programs couldn’t meet the needs of every young person in the system. Perhaps it’s our own doing that we now hear policymakers, government officials and an array of stakeholders beating the drum to implement evidence-based practices, even at the expense of other promising and innovative services, interventions and programs.

Although they can well serve youth with specific needs, evidence-based practices and programs aren’t perfect, and they aren’t the only programs that can meet a young person’s needs. They can also be very costly to implement and evaluate, demand strict fidelity to the original model and only work for the type of youth for which they were designed.

In other words, they are not meant to be tinkered with to meet the unique needs of a young person, their family, their community or the agency implementing them. This can leave out a lot of young people, perhaps the same young people who still end up in secure confinement or who have been transferred to the adult system.

The problem isn’t simply that EBPs can’t and don’t serve all youth — the problem is, in part, that we think they should.

Petteruti goes on to explain what practices have more of an individualized focus for kids who don’t fit into the evidence-based practice mold. Here’s an example:

Positive Youth Justice (PYJ) is an approach that draws from positive youth development principles to meet the unique needs of justice-involved youth. PYJ includes six domains: education, work, relationships, creativity, community and health. These domains are not meant to be used in isolation, but rather as a system of supports and services that can include EBPs.


CHALLENGES FOR OUR NEW LA COUNTY SHERIFF, JIM MCDONNELL

KPCC’s Frank Stoltze takes a look at four significant hurdles newly-elected Jim McDonnell must face as he steps in as head of the LA County Sheriff’s Department on December 1.

Here are two of the challenges Stoltze lists (go read the rest):

Command Staff

The need for change goes far beyond the jails, says longtime sheriff’s watchdog Merrick Bobb.

“The key issue facing the new sheriff is restoring a culture of accountability that got lost very significantly,” Bobb told KPCC.

The citizen’s panel found a failed discipline system and apparent favoritism in promotions. A federal grand jury has indicted 21 current and former sheriffs officials on civil rights and corruption charges. Seven have been convicted.

Bobb says McDonnell will have to replace some of the command staff. “I think it’s very important for him to bring in fresh people, fresh air.”

Interim Sheriff John Scott says he’s replaced some people, “but more work needs to be done.”

Outside Oversight

Activists argue outside oversight must accompany any changes in the command staff, because there are no term limits for the sheriff.

“This sheriff will probably be with us for decades,” Patrice Cullors of Dignity and Power Now told a recent rally outside Twin Towers.

McDonnell will have an overseer of sorts: newly appointed inspector general Max Huntsman. He wants McDonnell to ignore concerns from the deputies union and give him access to personnel records so he can identify problem cops.

“If you exclude personnel records from the vision of the inspector general’s office, suddenly you’ve got a huge blind spot,” Huntsman says.

Posted in Jim McDonnell, juvenile justice, LASD, law enforcement, Trauma | No Comments »

LAPD Lets Kids Be Superheros, Ghouls, Princesses and More….Zev’s New Mental Health Diversion Program…The Madness of 10-Year-Olds Tried as Adults…& Ben Bradlee R.I.P.

October 22nd, 2014 by Celeste Fremon



On Tuesday afternoon, members of the Pacific Division of the Los Angeles Police Department
handed out dreams and fantasies to several hundred local kids in the form of free Halloween costumes.

Both the LAPD and the LA County Sheriff’s Department do gift giveaways for needy families at Christmas, but handing out free Halloween outfits to kids from surrounding low income neighborhoods is a bit more unusual.

However, the department’s Pacific Division was offered a huge stash of children’s costumes by a long-time costume emporium owner named Bonnie Mihalic, who was retiring and said she wanted to do something for the community. So the LAPD folks grabbed the opportunity.

Fast forward to Tuesday afternoon at 3:30 pm when a whole lot of kids ranging in age from toddlers to 14-year-olds showed up with their parents at one of the two giveaway locations for the chance to pick out their very own fantasy get-ups—and maybe a nice scary mask.

LAPD Officer Marcela Garcia was one of the dozen department members who, together with a cluster of police cadets (plus the staffs of the Mar Vista Family Center and the Mar Vista Gardens Boys and Girls Club, where the giveaways took place) helped kids find the ensembles of their dreams.

“It was unbelievable,” said Garcia when we spoke just after the two events had wrapped up. “We had 300 children at the Mar Vista Family Center alone!”

And each of the kids at both locations got a costume, she said—with some left over to be further distributed before Oct. 31. Kids could chose from Disney and fairy tale figures, super heroes, ninjas, film and TV characters, princesses, monsters, famous wrestlers, and lots, lots more.

“The pre-teen boys really liked the scary costumes,” Garcia said. “Things like the ghost in the movie Scream. When they’d find what they wanted and try on their masks, they’d turn to us and make roaring or growling sounds. It was great!”

The fact that each kid got to wander around and select exactly the costume that he or she wanted–without worrying about monetary considerations— seemed to be particularly exhilarating for all concerned.

The officer remembered one four-year-old who was over-the moon about finding the right Cinderella costume. “She was so excited. She said, ‘Mom, I’m going to be a princess!’”

Garcia, who has been a Senior Lead Officer at Pacific Division for the past four years, said she grew up in East LA in a low-income neighborhood where most parents didn’t have the budget for frivolities like costume buying. As a consequence, she understood the kids’ delight in a personal way.

So what kind of costume would Officer Garcia have wanted out of Tuesday’s array, if she had come to a similar event as a child?

Garcia didn’t need to think at all before answering. “If I could go back in time, there was an Alice in Wonderland costume here that would have been the one. I was a big fan of both that book and the movie as a child. I loved the adventures that Alice had.”

Garcia also confided that she’d known she wanted to be in law enforcement since she was seven-years-old. That was the year a female LAPD police officer came in uniform to her elementary school’s career day. “From that day on I knew…”

The recollection points to why Garcia is strongly in favor of department-sponsored community events like this one. “When we get to engage with community members on a completely different level and get a look into their lives and concerns…When we see each other just as people…It can make a big difference.”

Yep. We think so too.


ON HIS WAY OFF THE (SUPERVISORIAL) STAGE, ZEV YAROSLAVSKY INSTITUTES A PROMISING PILOT MENTAL HEALTH DIVERSION PROGRAM

As his tenure as an LA County Supervisor is drawing to a close, Zev Yaroslavsky has put into place a promising pilot program that will allow mentally ill and/or homeless lawbreakers who commit certain non-serious crimes to be diverted into a residential treatment program rather than jail.

When it begins, up to 50 adults in Zev’s 3rd District who agree to participate in the program will be released to San Fernando Valley Community Mental Health Center. The idea is that the participants will get treatment and other forms of support, which will in turn help them eventually transition back to a more stable life in their communities—rather than merely cycle in and out of confinement in the LA County jail system.

Stephanie Stephens of California Healthline has more on the story. Here’s a clip:

That cycle so familiar to many Californians with mental illnesses may soon be interrupted thanks to the new Third District Diversion and Alternative Sentencing Program in Los Angeles County.

Designed for adults who are chronically homeless, seriously mentally ill, and who commit specific misdemeanor and low-level felony crimes, the demonstration project could help reduce recidivism by as much as two-thirds, Third District Supervisor Zev Yaroslavsky said.

Similar diversion programs have produced promising results in other metropolitan areas — Bexar County (San Antonio), Texas and Miami-Dade County in Florida, for example — fueling hopes for change here, according to L.A. program supporters.

“Clearly, treating mental illness in jail does not produce the best results,” Yaroslavsky said. “At present we put offenders into the mental health unit of the jail — it’s the largest mental health facility in the state. We provide mental health treatment and custodial care for approximately 3,500 people each day.”

Various county government officials, as well as judges and attorneys, signed a 38-page memorandum of understanding to outline the program on Sept. 14.

“We have involved all the agencies in the community that intersect around this problem, and we’ve spelled out all their responsibilities,” Yaroslavsky said.

This is all very, very good news. Next, of course, we need to institute a countywide program—preferably as soon as possible. But it’s a start.


ABOUT THAT 10-YEAR OLD WHO IS BEING TRIED FOR MURDER AS AN ADULT

Okay, we consciously avoided reporting on this story because, we reasoned, it was merely one more horrible tale—among many such horrible tales—of a kid being tried as an adult, and it wasn’t happening in California.

But frankly it is impossible to ignore the matter of the 10-year-old Pennsylvania boy who is being charged with adult murder after he confessed to slugging 90-year old Helen Novak multiple times and then choking her with a cane—all because she yelled at him. (The victim, Ms. Novak, was being cared for by the 10-year-old’s grandfather.)

It deserves our attention because it demonstrates so starkly how dysfunctional our system has become when it deals with juveniles who commit serious crimes. We treat children as children in every other legal instance—except in the criminal justice system.

The rural Pennsylvania 10-year-old is one of the youngest in the U.S. ever to face an adult criminal homicide conviction.

In their most recent update on the story, CBS News consulted juvenile justice expert, Marsha Levick, who had scathing things to say about what PA is doing. Here’s a clip:

(Note: CBS refers to the boy as TK to avoid revealing his identity since he’s a minor, although many other news outlets have used his name.)

“It’s ridiculous. …The idea of prescribing criminal responsibility to a 10-year-old defies all logic,” Marsha Levick, deputy director and chief counsel of the Juvenile Law Center, a public interest law firm, told 48 Hours’ Crimesider.

“The Supreme Court has recognized that teens and adolescents hold lesser culpability. Their brains are obviously still developing and they’re developmentally immature. Multiply that for a 10-year-old.”

[SNIP]

The boy’s attorney, Bernard Brown, says his client doesn’t seem to understand the gravity of the situation.

Brown told CBS affiliate WYOU that when he visited the boy at the Wayne County Correctional Facility last week, the boy compared his prison jumpsuit to “a Halloween costume he would probably never wear.”

Brown declined to request bail for the 10-year-old last week, saying his family isn’t ready to have him released into their custody.

Brown said the boy’s family believes he is being treated well at the county prison, where he is being housed alone in a cell and kept away from the general population. He said the boy was being provided coloring books.

But Levick, of the Juvenile Law Center, says the last place T.K. belongs is in a county jail.

“He’s effectively in isolation. He’s being denied the opportunity for regular interaction, denied education, denied the opportunity for reasonable activity. That, in of itself, will be harmful to him,” Levick says.

And last week, one of the better articles on the boy and his charges was by Christopher Moraff writing for the Daily Beast, who pointed to some of the psychological limitations of a child of TK’s age. Here’s a clip:

Legal experts say trying children as adults is not only bad policy, but it raises serious competency and due process issues. Research sponsored in 2003 by the MacArthur Foundation found that more than a third of incarcerated juveniles between the ages of 11 and 13 exhibited poor reasoning about trial-related matters, and children under 14 are less likely to focus on the long-term consequences of their decisions.

“Deficiencies in risk perception and future orientation, as well as immature attitudes toward authority figures, may undermine competent decision-making in ways that standard assessments of competence to stand trial do not capture,” the authors conclude.

A new study published in the journal Law and Human Behavior finds that juvenile criminal suspects either incriminate themselves or give full confessions in two-thirds of all interrogations.

Often a suspect’s parent is their only advocate. And usually, they are ill-equipped to provide sound legal guidance.

“Parents throw away their kids’ rights too easily, not realizing that kids will often not tell the truth when adults are questioning,” said Schwartz.

Indeed, court documents show that Kurilla was brought to the Pennsylvania State Police barracks by his mother, who pretty much confessed for him. Then, after informing police that he had mental difficulties and “lied a lot,” she waived his right to an attorney and requested that troopers interview him alone.

It was then, during private questioning, that the boy reportedly said: “I killed that lady.” Still later, during a joint interview with his mother, the officer in charge of the interrogation notes that Kurilla “appeared to be having trouble answering the questions.”

According to Terrie Morgan-Besecker—a reporter for The Scranton Times Tribune who has been closely following the case— Kurilla’s attorney, Bernard Brown, called the manner in which the boy was questioned “concerning” and is planning to challenge the confession.

This child, who turned 10 this summer, is indeed in dire need of help. But if he has any hope of getting it, he must be treated as child, not as an adult. That the law says otherwise simply demonstrates the how disastrously broken our juvenile justice system has become.


AND HERE’S TO LEGENDARY EDITOR BEN BRADLEE… R.I.P.

Ben Bradlee, who died Tuesday at 93, transformed the Washington Post and, with his stewardship of the paper’s Watergate coverage and the publication of information contained in the Pentagon Papers, changed journalism and arguably the direction of the nation.

Here’s a clip from the story that appeared on the Post’s front page on Wednesday morning.

Benjamin C. Bradlee, who presided over The Washington Post newsroom for 26 years and guided The Post’s transformation into one of the world’s leading newspapers, died Oct. 21 at his home in Washington of natural causes. He was 93.

From the moment he took over The Post newsroom in 1965, Mr. Bradlee sought to create an important newspaper that would go far beyond the traditional model of a metropolitan daily. He achieved that goal by combining compelling news stories based on aggressive reporting with engaging feature pieces of a kind previously associated with the best magazines. His charm and gift for leadership helped him hire and inspire a talented staff and eventually made him the most celebrated newspaper editor of his era.

The most compelling story of Mr. Bradlee’s tenure, almost certainly the one of greatest consequence, was Watergate, a political scandal touched off by The Post’s reporting that ended in the only resignation of a president in U.S. history.

But Mr. Bradlee’s most important decision, made with Katharine Graham, The Post’s publisher, may have been to print stories based on the Pentagon Papers, a secret Pentagon history of the Vietnam War. The Nixon administration went to court to try to quash those stories, but the U.S. Supreme Court upheld the decision of the New York Times and The Post to publish them.

President Obama recalled Mr. Bradlee’s legacy on Tuesday night in a statement that said: “For Benjamin Bradlee, journalism was more than a profession — it was a public good vital to our democracy. A true newspaperman, he transformed the Washington Post into one of the country’s finest newspapers, and with him at the helm, a growing army of reporters published the Pentagon Papers, exposed Watergate, and told stories that needed to be told — stories that helped us understand our world and one another a little bit better. The standard he set — a standard for honest, objective, meticulous reporting — encouraged so many others to enter the profession. And that standard is why, last year, I was proud to honor Ben with the Presidential Medal of Freedom. Today, we offer our thoughts and prayers to Ben’s family, and all who were fortunate to share in what truly was a good life.”

[SNIP]

Mr. Bradlee’s patrician good looks, gravelly voice, profane vocabulary and zest for journalism and for life all contributed to the charismatic personality that dominated and shaped The Post. Modern American newspaper editors rarely achieve much fame, but Mr. Bradlee became a celebrity and loved the status. Jason Robards played him in the movie “All the President’s Men,” based on Bob Woodward and Carl Bernstein’s book about Watergate. Two books Mr. Bradlee wrote — “Conversations With Kennedy” and his memoir, “A Good Life” — were bestsellers. His craggy face became a familiar sight on television. In public and in private, he always played his part with theatrical enthusiasm.

“He was a presence, a force,” Woodward recalled of Mr. Bradlee’s role during the Watergate period, 1972 to 1974. “And he was a doubter, a skeptic — ‘Do we have it yet?’ ‘Have we proved it?’ ” Decades later, Woodward remembered the words that he most hated to hear from Mr. Bradlee then: “You don’t have it yet, kid.”

Mr. Bradlee loved the Watergate story, not least because it gave the newspaper “impact,” his favorite word in his first years as editor. He wanted the paper to be noticed. In his personal vernacular — a vivid, blasphemous argot that combined the swearwords he mastered in the Navy during World War II with the impeccable enunciation of a blue-blooded Bostonian — a great story was “a real tube-ripper.”

This meant a story was so hot that Post readers would rip the paper out of the tubes into which the paperboy delivered it. A bad story was “mego” — the acronym for “my eyes glaze over” — applied to anything that bored him. Maximizing the number of tube-rippers and minimizing mego was the Bradlee strategy.

Mr. Bradlee’s tactics were also simple: “Hire people smarter than you are” and encourage them to bloom. His energy and his mystique were infectious….

Read on. It’s a long and rich and compelling story about a long and rich and compelling life.

Posted in American voices, Board of Supervisors, juvenile justice, LA County Board of Supervisors, LA County Jail, LAPD, mental health, Mental Illness | No Comments »

LA Elementary School Kids Still Without Libraries, Interrogating Kids, LA Times on LAPD “Ghost Cars,” and Jim McDonnell’s New Radio Ad

October 14th, 2014 by Taylor Walker

LAUSD ELEMENTARY SCHOOL LIBRARIES STAFFING ISSUES EVEN WORSE AFTER BOOSTED FUNDING

Despite increased money for staffing libraries this year, the number of trained aides running LAUSD elementary school libraries has actually decreased by 20%, leaving around 100,000 LA kids without access to a school library. The problem, LAUSD Superintendent John Deasy says, is that it is very difficult to find specially trained staff willing to work just three hours per day.

(WLA has been following this issue for a while, now. Backstory can be found here.)

KPCC’s Annie Gilbertson has the story. Here’s a clip:

During budget hearings last spring, Superintendent John Deasy promised to spend $6 million to bring back the 192 library aides who would help open shuttered elementary libraries across the district this school year.

In 2011 budget cuts, Deasy and the school board laid off half of the district’s library aides and reduced the hours of many who were left. Without trained staff, schools can’t run a library under state law.

“Students don’t learn literacy skills (in the library). They learn that through trained teachers,” Deasy told KPCC in 2011, after the cuts were announced.

But despite a commitment to rehire staff, the number of elementary library aides have decreased by about 20 percent since last fall.

District officials said its difficult to recruit workers to work just three hours a day, five days a week – the schedule of many library aides.


PROBLEMS WITH USING ADULT INTERROGATION METHODS ON KIDS

The NY Times’ Jan Hoffman has an interesting story on interrogation techniques and why they elicit false confessions from teenagers. Hoffman points to a recent study of 57 interrogations of teens across the country. None of the teens exercised their constitutional rights: they did not remain silent, they did not leave, and they did not ask for a lawyer. Around 37% fully confessed, and 33% incriminated themselves.

Other research shows that kids do not fully understand their rights, and are easily worn down by persuasive interrogators trying to scare out a confession.

(For other WLA posts about problematic interrogation practices and false confessions, go here, here, and here.)

Here’s a clip from Hoffman’s story:

Teenagers, studies show, are not developmentally ready to make critical decisions that have long-term impacts.

“Adolescents are more oriented to the present, so they are less likely than adults to be thinking about the future consequences of what they’re saying,” said Laurence Steinberg, a professor of psychology at Temple University who writes about teenagers in the justice system and was not involved in this study.

Teenagers, he added, are also less likely than adults to know that the police can lie during interrogations.

“The police often promise kids things in the present. ‘If you just tell me you did it, you can go see your mom,’ ” he continued. “And because the brain’s reward systems are hypersensitive during adolescence, that immediate reward of confessing will trump the thinking of, ‘What will happen when I come back to court in a month?’ ”

Moreover, research shows that teenagers aged 15 and younger will unwittingly comply with authority figures. They are very suggestible, so that during an interrogation, they are more likely than adults to change their answers in response to interviewers.


LA TIMES: FALSE DATA REPORTING SYMPTOMS OF LARGER LAPD ISSUES?

Within the last three months, two reports have emerged revealing false data reporting within the LAPD. The first, an August LA Times report, found nearly 1,200 violent crimes misclassified as minor crimes, resulting in lower city crime rates.

Then, on Friday, an Office of Inspector General report found that department supervisors were boosting patrol numbers by deploying “ghost cars,” reporting officers as out on patrol who were actually filling out paperwork or performing other duties.

An LA Times editorial says that either the LAPD administration is unaware of what’s going on at the ground-level, or they are enforcing a culture in which department supervisors can only achieve goals by fixing the numbers. The editorial says the department needs to be held responsible for the false data reporting, but that the police commission should also examine why these errors are occurring.

Here’s a clip:

The Inspector General’s revelation is troubling for a number of reasons. For one thing, it’s dishonest. False data lead city leaders and the public to believe the streets are more heavily patrolled than they really are. That undermines our sense of how safe we are, and also influences policy decisions on, for example, whether the city should hire more civilians for administrative tasks or keep hiring officers. And if supervisors can justify lying about staffing levels in order to keep the bosses happy, what other transgressions or omissions will they allow?

Most worrisome is that this is the second report in recent months to conclude that the LAPD has been relying on bad data and inaccurate reporting. A Times investigation in August found that the department understated violent crime in the city by misclassifying nearly 1,200 violent crimes as minor offenses during a one-year period. LAPD Chief Charlie Beck chalked that up to human error, although department insiders said deliberate miscoding had become common as captains and other supervisors were — again — under intense pressure to meet crime-reduction targets set by the brass.


NEW RADIO CAMPAIGN BY “FRIENDS OF MCDONNELL”

The independent expenditure committee, Friends of McDonnell for Sheriff 2014, has launched a $250,000 radio campaign on LBPD Chief Jim McDonnell’s behalf.

In the 60 second ad, LA District Attorney Jackie Lacey calls on listeners to vote McDonnell for Los Angeles Sheriff. Here’s the transcript:

This is Los Angeles County District Attorney Jackie Lacey. There is no better choice for Los Angeles County Sheriff than Jim McDonnell. Jim is recognized as a leader in law enforcement leader. He has decades of experience with LAPD and as Chief of the Long Beach Police Department.

I respect and endorse Jim because he has integrity, independence, and has served on the front line of law enforcement. Proven leadership is why Jim McDonnell is endorsed by four previous DA’s.

Jim McDonnell is endorsed by all 5 County Supervisors and Mayor Eric Garcetti. Every daily newspaper in Los Angeles County has also endorsed Jim McDonnell for Sheriff. I know Jim McDonnell can get the job done as Sheriff. I have seen him in action.

Whether you vote by absentee ballot or at the polls, be sure to vote for Jim McDonnell for L.A. County Sheriff.

While Paul Tanaka is technically still in the race, he has been rather quiet in his campaigning, opting to speak at smaller events, and posting a couple of videos on his social media pages (including a video of former sheriff contender Pat Gomez endorsing him).

Posted in District Attorney, Jim McDonnell, juvenile justice, LAPD, LASD, LAUSD, Paul Tanaka | 14 Comments »

San Antonio’s Mental Health Diversion, Judge Michael Nash Seeks Child Welfare Czar Position, DEA Steals Woman’s Identity, and Combatting Child Sex Trafficking in LA

October 10th, 2014 by Taylor Walker

SAN ANTONIO SETS EXAMPLE OF HOW TO TURN AROUND OVER-INCARCERATION OF MENTALLY ILL

LA County is facing a federal consent decree over jail conditions and treatment of the mentally ill, and at the state level, a US District Judge ordered California to improve policies regarding the handling of mentally ill inmates languishing in solitary confinement.

And the problem isn’t just here, it’s happening across the country (save for a few special cases): more than half of everyone behind bars in the US has mental health problems.

One of those exceptions is San Antonio, Texas, where 95% of officers have completed specialized Crisis Intervention Training (CIT) for better police interactions and outcomes for people with mental illness. People with mental illnesses help train officers on how to treat them. Officers take mentally ill people in crisis to treatment centers instead of jail. The program has saved the city a whopping $50 million.

ACLU Center for Justice Senior Counsel Kara Dansky has more on the program. Here’s a clip:

Approximately 95 percent of police officers in San Antonio have gone through Crisis Intervention Training (CIT), a program that teaches them how to spot the symptoms of mental illness and how to safely and effectively interact with someone struggling with a mental health crisis.

People with mental illnesses, including Michelle, work with the police officers to teach them how they should be treated. Michelle helps to train them. Even though it’s not the ideal solution, some people call the police when having a mental health crisis. Instead of putting people in handcuffs and taking them to jail, officers in San Antonio take them to a center staffed with mental health professionals.

In the new short film series, “OverCriminalized,” we interviewed several members of the San Antonio police force. They report that they are much more confident and comfortable dealing with mental health crises after going through the training. Most importantly, since the implementation, none of the CIT teams have used extreme force.

But it’s not just about how to police; it’s about the entire goal of these interactions. People struggling with mental illness are no longer taken to a jail cell by way of lengthy and expensive stops in the ER. This program has saved the city about $50 million dollars.

It’s good to celebrate what’s happened in San Antonio. But we need to step back and ask how the city got into this problem in the first place. The answer is that for decades, this county has been shoving social problems like mental illness and drug addiction into a criminal justice system ill equipped to solve them. This mass criminalization has led to way too many people behind bars, often for too long and for reasons that have no business being crimes in the first place. Communities of color have been hardest hit.


HEAD OF JUVENILE COURT JUDGE MICHAEL NASH WANTS TO BE APPOINTED LA’S NEW CHILD WELFARE CZAR

LA County Juvenile Court Presiding Judge Michael Nash says he wants to be LA’s new Child Welfare Czar. (We at WLA think this is a fantastic idea.)

During his time as head of the juvenile court system, Nash has worked to bring public accountability to the children’s court system and the Department of Children and Family Services.

It is yet unclear when the new czar will be named, but LA County’s transition team is working to give the new leader a head start when they are finally appointed.

Daniel Heimpel broke the story in his publication, the Chronicle of Social Change. Here’s a clip:

On Wednesday, Nash told The Chronicle of Social Change that he had indeed thrown his hat in the ring, telling recruiters that he wanted the job.

He said that moving from the courts to a highly politicized office was like, “going from the frying pan into the fire.” But years of experience weighing the complexities of child maltreatment and foster care made it almost impossible for him to resist. “Sadly that’s the way it is,” he added with a chuckle.

Dilys Garcia, who heads Los Angeles County’s Court Appointed Special Advocate (CASA) program and works out of Nash’s courthouse, was both sad to see Nash leave the court, and hopeful about his prospects for leading the new office.

“He has been an inspiration to people in the child welfare field,” Garcia said. “Even at the darkest moment he finds a beacon of light to point to. His leaving is going to be a big loss, but I think it would be terrific if he ended up in this new role as child protection czar.”


AN IDENTITY STOLEN “FOR THE GREATER GOOD” …AND THE DEHUMANIZATION OF DRUG OFFENDERS

Buzzfeed’s Chris Hamby has an alarming story about a woman whose identity was stolen by the DEA in an attempt to communicate with other drug crime suspects with whom she was associated. A DEA agent used photos found on Sondra Arquiett’s cell phone, including a photo of her wearing only a bra and underwear, and another one with her young son and niece, to create a fake Facebook page while Arquiett was locked up awaiting trial.

Here’s a clip from the Buzzfeed report:

The Justice Department is claiming, in a little-noticed court filing, that a federal agent had the right to impersonate a young woman online by creating a Facebook page in her name without her knowledge. Government lawyers also are defending the agent’s right to scour the woman’s seized cellphone and to post photographs — including racy pictures of her and even one of her young son and niece — to the phony social media account, which the agent was using to communicate with suspected criminals.

The woman, Sondra Arquiett, who then went by the name Sondra Prince, first learned her identity had been commandeered in 2010 when a friend asked about the pictures she was posting on her Facebook page. There she was, for anyone with an account to see — posing on the hood of a BMW, legs spread, or, in another, wearing only skimpy attire. She was surprised; she hadn’t even set up a Facebook page . . .

The account was actually set up by U.S. Drug Enforcement Administration special agent Timothy Sinnigen.

Not long before, law enforcement officers had arrested Arquiett, alleging she was part of a drug ring. A judge, weighing evidence that the single mom was a bit player who accepted responsibility, ultimately sentenced Arquiett to probation. But while she was awaiting trial, Sinnigen created the fake Facebook page using Arquiett’s real name, posted photos from her seized cell phone, and communicated with at least one wanted fugitive — all without her knowledge.

The Washington Post’s Radley Balko says this story points to the dehumanization of drug offenders (by law enforcement and politicians) that has been occurring for decades now.

Here’s a clip from Balko’s commentary:

The DOJ filing was in response to Arquiett’s lawsuit. Consider what the federal government is arguing here. It’s arguing that if you’re arrested for a drug crime, including a crime unserious enough to merit a sentence of probation, the government retains the power to (a) steal your identity, (b) use that identity for drug policing, thus making your name and face known to potentially dangerous criminals, (c) interact with those criminals while posing as you, which could subject you to reprisals from those criminals, (d) expose photos of your family, including children, to those criminals, and (e) do all of this without your consent, and with no regard for your safety or public reputation.

The mindset that would allow government officials to not only engage in this sort of behavior, but to then fight in court to preserve their power to continue it is the same mindset that, for example, allows drug cops to compel juveniles and young women to become drug informants, with little regard for their safety — and to then make no apologies when those informants are murdered.


COMMISSIONER CATHERINE PRATT’S EFFORTS TO HELP YOUNG GIRLS CAUGHT UP IN SEX TRAFFICKING

The LA Times’ Garrett Therolf has an interesting story about Compton Juvenile Court Commissioner Catherine Pratt and the work she began three years ago to help teen girls involved in prostitution. Until recently, Los Angeles has treated these young girls as criminals, and locked them up, but Pratt and the Los Angeles County Supervisors are working to change that mindset, and instead treat young girls sold for sex as what they are—victims of child sex trafficking.

Pratt devotes Tuesdays to sex trafficking cases, and connects teens with education resources, mentor programs, and legal help. Pratt does her best to divert the girls in her court from juvenile detention and into foster care (the only alternative for these trafficked kids), but sometimes difficulties arise: girls run away from group homes, and return to the streets.

Here’s a clip from Therolf’s story:

The humble, affirming approach of Pratt’s Compton courtroom began as an experiment three years ago, when she applied for grant money to provide professional help for the young prostitutes and she set aside Tuesdays to focus exclusively on sex trafficking cases.

Advocates from at least three charities providing mentors, educational liaisons and lawyers sit in the jury box of Pratt’s courtroom to connect with youths as soon as the need arises.

Los Angeles County supervisors launched a plan this year that adopts Pratt’s ethos, and social workers, police officers and others are being trained to take a softer approach to the children involved in prostitution. They are instructed to treat these young prostitutes as victims rather than perpetrators.

[SNIP]

“I used to lecture them,” Pratt said. ” ‘You’re making bad choices. This is dangerous.’ I tried to explain to them how short the life span for people in prostitution is. And they were not at all interested. It really didn’t resonate with them at all.”

A personal relationship and trust have to be developed first, she said, and she measures her progress in the pictures, emails and poems that some of the youths send her.

Still, there is risk.

More than 60% of Los Angeles County’s children arrested for prostitution had previously come to the attention of the county’s Department of Children and Family Services, and the foster care system’s group homes have become one of most frequent gateways to the sex trade because the children there have fewer family ties and pimps target them for recruitment.

But the foster care system is currently the county’s only alternative to juvenile detention facilities.

Posted in DCFS, DEA, Department of Justice, Foster Care, juvenile justice, LA County Board of Supervisors, Mental Illness, Sentencing, War on Drugs | No Comments »

Visible Tattoos and Recidivism, the Right to a Speedy Trial, Prop 47, and the Right to Remain Silent

October 6th, 2014 by Taylor Walker

STUDY: VISIBLE INK ON RELEASED INMATES = HARDER TIME FINDING EMPLOYMENT AND FASTER RETURN TO INCARCERATION

Former inmates who have visible tattoos—on their face, head, neck, or hands—are re-incarcerated nearly two years earlier than ex-inmates with visible tattoos elsewhere on their body, according to a recent study authored by Kaitlyn Harger of West Virginia University. And, inmates without tattoos made it on the outside an average of 3.4 years longer than inmates with tattoos.

Harger used data on a sample of inmates exiting and entering Florida Dept. of Corrections facilities between 2008-2010, and accounted for variables like gender, age, and previous offenses.

Here’s the report‘s abstract:

This study examines whether tattoo visibility affects recidivism length of ex-offenders. Conventional wisdom suggests that visible tattoos may negatively influence employment outcomes. Additionally, research on recidivism argues that employment post-release is a main determinant of reductions in recidivism. Taken together, these two bodies of literature suggest there may be a relationship between tattoos visible in the workplace and recidivism of released inmates.

Using data from the Florida Department of Corrections, I estimate a log-logistic survival model and compare estimated survival length for inmates with and without visible tattoos. The findings suggest that inmates with visible tattoos return to incarceration faster than those without tattoos or with tattoos easily hidden by clothing.

EDITOR’S NOTE: Fr. Greg Boyle of Homeboy Industries often tells a story of the guy who came into his office shortly after his release from prison saying he really needed helping getting a job, that he’d struck out on everything for which he’d applied. Greg looked at the former gang member, and took in the devil horns tattooed prominently on his forehead and said, “Uh, yeah, let’s put our heads together and see if we can figure this problem out.”

Clearly McDonalds was not going to hire the recently released man, as is, to ask “Would you like fries with that?”

Then there was the former homeboy I knew well, a guy nick-named Curly who was having similar problems getting a job when he got out of prison. Bright, good-hearted and personable, Curly—whose mother and dad were both heroin addicts—had struggled with drug addiction for much of his teenage years and adulthood. But now he wanted very much to reboot his life. I looked at him and noted that he had no really onerous tattoos visible. Then I noticed he was holding his eyes peculiarly wide open, without blinking, and I became suspicious.

“Blink,” I said.

And he did. I saw that on one eyelid he had the word FUCK tattooed, on the other eyelid: YOU.

“What were you thinking?!!” I moaned before I could stop myself.

Curly admitted he was a man in need of tattoo removal services. With the offending words removed, his job search went far better.

Many men remove visible tattoos, not just for jobs, but for their kids, who are embarrassed by their dad’s skin markings, and also as a symbol of their personal change, a way of stating, “homie don’t play that anymore….”

So are we surprised at these figures? Not at all. But are we glad that the research supports what common sense could tell anybody. Yes. And hopefully policy and programs will follow after.


TEEN WAITED FOR TRIAL IN SOLITARY FOR ALMOST THREE YEARS ON CHARGES ULTIMATELY DISMISSED

In 2010, 16-year-old Kalief Browder was arrested for allegedly stealing a backpack that contained a debit card, a credit card, some electronics, and $700. Kalief was not found to have the backpack, but the robbery victim identified him as the thief, and Kalief was hauled away to Rikers Island to await trial.

Kalief’s case was delayed for three years for various reasons, one of which was because the prosecutor’s assigned assistant was on vacation. And although the case against Kalief was eventually dismissed, Kalief spent nearly the entire three years of his incarceration in solitary confinement, and the damage was already done. Kalief attempted suicide twice while in isolation, and twice more after his release, landing him in the psychiatric ward. (Last week, Rikers vowed to end solitary confinement of 16 and 17-year-olds.)

Kalief now has a lawsuit against the city, the NYPD, the DA responsible for his case, and the NYC Department of Correction.

The New Yorker’s Jennifer Gonnerman has Kalief’s heartbreaking story (it’s quite long, but make sure to read the whole thing). Here are some clips:

In the early hours of Saturday, May 15, 2010, ten days before his seventeenth birthday, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. They walked along Arthur Avenue, the main street of Little Italy, past bakeries and cafés with their metal shutters pulled down for the night. As they passed East 186th Street, Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend found themselves squinting in the glare of a police spotlight. An officer said that a man had just reported that they had robbed him. “I didn’t rob anybody,” Browder replied. “You can check my pockets.”

The officers searched him and his friend but found nothing. As Browder recalls, one of the officers walked back to his car, where the alleged victim was, and returned with a new story: the man said that they had robbed him not that night but two weeks earlier. The police handcuffed the teens and pressed them into the back of a squad car. “What am I being charged for?” Browder asked. “I didn’t do anything!” He remembers an officer telling them, “We’re just going to take you to the precinct. Most likely you can go home.” Browder whispered to his friend, “Are you sure you didn’t do anything?” His friend insisted that he hadn’t.

At the Forty-eighth Precinct, the pair were fingerprinted and locked in a holding cell. A few hours later, when an officer opened the door, Browder jumped up: “I can leave now?” Instead, the teens were taken to Central Booking at the Bronx County Criminal Court.

Browder had already had a few run-ins with the police, including an incident eight months earlier, when an officer reported seeing him take a delivery truck for a joyride and crash into a parked car. Browder was charged with grand larceny. He told me that his friends drove the truck and that he had only watched, but he figured that he had no defense, and so he pleaded guilty. The judge gave him probation and “youthful offender” status, which insured that he wouldn’t have a criminal record.

Late on Saturday, seventeen hours after the police picked Browder up, an officer and a prosecutor interrogated him, and he again maintained his innocence. The next day, he was led into a courtroom, where he learned that he had been charged with robbery, grand larceny, and assault. The judge released his friend, permitting him to remain free while the case moved through the courts. But, because Browder was still on probation, the judge ordered him to be held and set bail at three thousand dollars. The amount was out of reach for his family, and soon Browder found himself aboard a Department of Correction bus. He fought back panic, he told me later. Staring through the grating on the bus window, he watched the Bronx disappear. Soon, there was water on either side as the bus made its way across a long, narrow bridge to Rikers Island.

[BIG SNIP]

Browder was losing weight. “Several times when I visited him, he said, ‘They’re not feeding me,’ ” the brother told me. “He definitely looked really skinny.” In solitary, food arrived through a slot in the cell door three times a day. For a growing teen-ager, the portions were never big enough, and in solitary Browder couldn’t supplement the rations with snacks bought at the commissary. He took to begging the officers for leftovers: “Can I get that bread?” Sometimes they would slip him an extra slice or two; often, they refused.

Browder’s brother also noticed a growing tendency toward despair. When Browder talked about his case, he was “strong, adamant: ‘No, they can’t do this to me!’ ” But, when the conversation turned to life in jail, “it’s a totally different personality, which is depressed. He’s, like, ‘I don’t know how long I can take this.’ ”

Browder got out of the Bing in the fall of 2011, but by the end of the year he was back—after yet another fight, he says. On the night of February 8, 2012—his six-hundred-and-thirty-fourth day on Rikers—he said to himself, “I can’t take it anymore. I give up.” That night, he tore his bedsheet into strips, tied them together to make a noose, attached it to the light fixture, and tried to hang himself. He was taken to the clinic, then returned to solitary. Browder told me that his sheets, magazines, and clothes were removed—everything except his white plastic bucket.

On February 17th, he was shuttled to the courthouse once again, but this time he was not brought up from the court pen in time to hear his case called. (“I’ll waive his appearance for today’s purposes,” his lawyer told the judge.) For more than a year, he had heard various excuses about why his trial had to be delayed, among them that the prosecutor assigned to the case was on trial elsewhere, was on jury duty, or, as he once told the judge, had “conflicts in my schedule.” If Browder had been in the courtroom on this day, he would have heard a prosecutor offer a new excuse: “Your Honor, the assigned assistant is currently on vacation.” The prosecutor asked for a five-day adjournment; Browder’s lawyer requested March 16th, and the judge scheduled the next court date for then.

The following night, in his solitary cell on Rikers, Browder shattered his plastic bucket by stomping on it, then picked up a piece, sharpened it, and began sawing his wrist. He was stopped after an officer saw him through the cell window and intervened.


PROP 47: SUPPORTERS SAY WILL LOWER PRISON POP, SAVE $$; OPPONENTS SAY LETS OFFENDERS OFF EASY

Proposition 47 (which would reduce certain low-level drug and property offenses from felonies to misdemeanors) is a weighty piece of legislation with strong proponents and opponents, so we will continue to inform readers on this initiative until November. (Previous posts here, and here.)

Backers say the legislation, authored by retired SD Police Chief Bill Lansdowne and SF District Attorney George Gascón, would save hundreds of millions while lowering the outrageous prison population by redirecting offenders to treatment, probation, and shorter jail stints, instead of prison. Opponents, which include San Diego’s current police chief, sheriff, and DA, say that reducing these crimes to misdemeanors will nix the idea of consequences as a crime deterrent—that people will be able to keep committing these misdemeanors. Opponents also say that the legislation will put more of a burden on counties already strained by realignment.

U-T San Diego’s Kristina Davis has more on Prop 47. Here are some clips:

Lansdowne, with nearly 50 years in law enforcement behind him, said his time as police chief of Richmond in the Bay Area in the mid-90s left a strong impression on him. “I learned a lot about crime and poverty and the need to reach out and give people opportunity to rehabilitate themselves,” he said. “I’ve seen so many homeless people in and out of jail, mentally ill addicted to drugs and they can’t get any help in the process. … There’s more to this. Just to say it’s numbers and take the people out of it is a terrible mistake.”

Supporter Stephen Downing, a retired former deputy chief of the Los Angeles Police Department, called the current tough-on-crime justice system a “war on the people” that unfairly penalizes minorities. More than half the nation’s prison population is black or Hispanic, and many are young, male and poorly educated, with substance abuse and mental health issues, according to The National Academy of Sciences, which issued a report this year on incarceration rates. The discrepancy is higher in California, where 70 percent of prison inmates are black or Hispanic.

[SNIP]

Critics say the law lacks incentives. With lighter punishments, and nothing to punish repeat offenses, what’s to stop someone from continuing to commit these misdemeanors, they ask.

[District Attorney Bonnie] Dumanis points to the slew of measures already in place to send addicts to treatment, including the drug court she started in 1996, which closely monitors addicts’ progress under the threat of jail or prison.

“What we found with drug court is that coerced treatment works. When you take the teeth out of any of these drug laws and have people pushing boundaries … there’s nothing to stop them, so it’s really enabling them,” Dumanis said.


WHEN PRE-MIRANDA RIGHTS SILENCE IS USED AGAINST YOU

People arrested in the United States technically have the right to remain silent, but unless they actually say aloud that they are invoking their 5th Amendment rights, it’s not so simple. Thanks to several California and US Supreme Court decisions, silence during police questioning can be used against a defendant in court.

KPCC’s Emily Green has more on the issue. Here’s a clip:

Courts have found suspects don’t have to be read their rights upon arrest, but only right before they are interrogated. And there can be a long lag time between the two.

In the case of Richard Tom, for example, he was in custody for two hours before he was read his rights. Earlier this year, the California Supreme Court ruled in Tom’s case, and said his silence at the scene of the accident could be used against him.

“The California Supreme Court has left us in a no-win situation, where as soon as you are arrested the prosecutor can use against you say [and] anything you don’t say against you,” says Marc Zilversmit, Tom’s attorney.

The U.S. Supreme Court issued a similar decision in 2013, in a case involving a suspect’s silence prior to arrest. In that case, the suspect voluntarily answered police questions for nearly two hours but refused to talk in depth about a gun found in his house. The prosecutor used that against him at trial.

“Most people assume that if you have a right and you exercise it, that’s all you need to do,” says Standford Law professor Jeff Fisher.

Fisher says the courts’ rulings set a trap for the unwary. The courts said the only exception is if defendants expressly tell police they are invoking their Fifth Amendment rights. Fisher says the rulings affect every kind of criminal case, including white-collar investigations where suspects are often questioned at length before being arrested.

“Under these decisions, somebody in that situation, just as much as the person accused of murder or manslaughter, needs to announce that they are relying on the Fifth Amendment privilege,” Fisher says. “It’s not enough to simply refuse to talk to police.”

Posted in Homeboy Industries, juvenile justice, pretrial detention/release, Sentencing, solitary | 1 Comment »

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

October 2nd, 2014 by Taylor Walker

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

[SNIP]

Many facilities suppress information and close their doors to scrutiny.

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

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

[SNIP]

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

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

Posted in Edmund G. Brown, Jr. (Jerry), jail, juvenile justice, LASD, Mental Illness, Prosecutors, solitary | 2 Comments »

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

October 1st, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

September 15th, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

That is, of course, a tall order.

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

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

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

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

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

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

Indeed they do not.

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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


TOXIC STRESS: THE WAY POVERTY REGENERATES

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

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

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

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

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

[BIG SNIP]

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

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

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

A series of studies have found similar patterns in humans

[SNIP]

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

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

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

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

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

September 8th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

The clock is ticking.

[SNIP]

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


TRANSFORMING A PRIVATE PRISON INTO A NON-PROFIT FACILITY

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

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

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

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

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

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

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

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

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