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SCOTUS to Consider How Cops Deal with Mentally Ill, Asking the Right Questions About Police Killings, Gov. Brown Sez Hire Ex-inmates, and Trafficked Foster Kids

March 23rd, 2015 by Taylor Walker

US HIGH COURT TO HEAR ARGUMENTS ON HOW POLICE HANDLE ARMED, MENTALLY ILL PEOPLE

This week, the US Supreme Court will consider in what capacity law enforcement officers must adhere to the Americans With Disabilities Act during an encounter with a mentally ill (or otherwise disabled) person who is armed and violent.

In San Francisco v. Sheehan, officers shot a woman with schizoaffective disorder in a group home who, in midst of a psychiatric crisis, had locked herself in a room with a knife after threatening her social worker. Sheehan survived the shooting. She has since sued the police department for resorting first to lethal force instead of attempting to deescalate the confrontation.

The Associated Press’ Tami Abdollah and Sam Hananel have more on the case and why it is so important. Here’s a clip:

Law enforcement groups are keeping a close eye on the Supreme Court case, which they say could undermine police tactics, place officers and bystanders at risk, force departments to spend thousands in new training and open them to additional liability.

The ADA was designed to regulate institutional policies, not an individual officer’s behavior, said Darrel W. Stephens, executive director of the Major Cities Chiefs Association, which filed a brief supporting San Francisco.

Stephens said that while departments around the country receive training to de-escalate and avoid using force in a situation with an unstable person, it’s not always possible to do so.

But mental health advocates say the ADA requires police to act less aggressively when arresting or detaining people with disabilities. Claudia Center, a senior staff attorney in the American Civil Liberties Union’s disability rights program, said the ADA should apply to all situations, especially emergencies when the disabled most need to be accommodated.

“This case is not unusual. There are a lot of Sheehan situations out there where there is an opportunity not to rush in, and take a moment,” Center said.


AND WHILE WE’RE ON THE TOPIC: RADLEY BALKO SAYS WE ASK THE WRONG QUESTIONS ABOUT POLICE KILLINGS

Last summer, Dallas police officers shot and killed Jason Harrison, a mentally ill man who police say threatened them with a screwdriver. Late last week, Harrison’s family members, who are suing the Dallas Police Dept., released footage captured by one of the officers’ body cameras during the encounter. (You can watch it here.)

The police department concluded their internal investigation into whether or not the officers broke any laws and chose to turn it over to the Dallas County District Attorney’s Office.

The Washington Post’s Radley Balko says that instead of just looking at whether the killing was lawful and within department policy, we should also ask whether the killing was necessary, or whether it could have been deescalated by the officers. Balko also says that if the killing of this man suffering from mental illness could have been reasonably avoided, we must also determine what needs to change in order to prevent such shootings in the future. Here’s a clip:

Asking if a police shooting was legal tells us nothing about whether or not we should change the law. Asking whether or not it was within a police agency’s policies and procedures tells us nothing about the wisdom of those policies and procedures. Of course, both of those questions are important if your primary interest is in punishing police officers for these incidents. But while it can certainly be frustrating to see cops get a pass over and over again, even in incidents that seem particularly egregious, focusing on the individual officers involved hasn’t (and won’t) stopped people from getting killed.

Let’s go back to that Dallas shooting. Unfortunately, the video camera doesn’t capture the critical moments immediately prior to the shooting. But it does capture the initial police contact with Harrison. Let’s assume for a moment that the police account of the incident is 100 percent true — that Harrison did come at them with the screwdriver. The question we should be asking isn’t whether or not the police decision to shoot Harrison at that moment was justified. The question we should be asking is whether the interaction ever should have reached that moment. Or, to go back to our more basic question: Was this shooting necessary?

The video strongly suggests that it wasn’t. Why were two patrol officers responding to a call about a possibly schizophrenic man? Would it be better for a mental health professional to have accompanied them? If Dallas police officers are going to be the first responders to calls about mentally ill people who have possibly become dangerous, are they at least given training on how to interact with those people? Are they taught how to deescalate these situations?

From the video, it seems clear that these particular police officers did the escalating, not Harrison. It’s the cops who begin yelling and who take a confrontational stance. Yes, Harrison was holding a small screwdriver. And yes, in the right circumstances, even a small screwdriver can do a lot of damage. That doesn’t mean you pull your gun on everyone who is holding a small screwdriver. Now, there’s probably nothing illegal about a police officer unnecessarily escalating a situation with his words or his body. There’s certainly nothing illegal about his failure to deescalate.

But that’s precisely why Was this illegal? is the wrong question. The better question is, Was this an acceptable outcome? And if the answer is no, then the follow-up question is, What needs to change to stop this from happening again?


GOV BROWN CALLS ON CALIFORNIA BUSINESSES TO EMPLOY EX-OFFENDERS TO REDUCE REVIDIVISM

At a employer forum at Merritt College in Oakland, California Governor Jerry Brown urged businesses to hire former offenders to give them the means to successfully transition back into their communities. Brown called the issue one of public safety as well as about “being a human being.”

KQED’s Sara Hossaini has the story. Here are some clips:

Brown says a lack of work will keep them locked out of a permanent place in their communities and, too often, locked up behind bars once again.

“This work I see is, yes, about public safety, but it’s also about being a human being,” says Brown.

[SNIP]

Now, Brown is hoping that providing employers with information and incentives will encourage more of them to do their part. That means tax breaks, talent matching, bond reimbursements and training subsidies of between $5-10,000 per employee.

Businesses can also take part in a Joint Venture Program that offers what officials call attractive benefits for employing people while they’re still in custody, in the hopes of providing them a seamless transition once they’re out.


LA COUNTY DISAGREES ABOUT HOW TO KEEP SEX-TRAFFICKED KIDS FROM BEING PULLED BACK TO THE STREETS

Within the last few years, LA County has shifted away from criminalizing and locking up sexually exploited minors as “prostitutes,” instead treating them as victims and diverting them from juvenile detention into foster care. But placing trafficked girls into foster care and connecting them with services and mentors does not always work. Sometimes the young girls run away, and return to the streets and their pimps.

The LA County Board of Supervisors and head of the Department of Children and Family Services, Philip Browning, don’t all agree on how to address this complex problem.

The LA Times’ Garrett Therolf has more on the issue. Here’s a clip:

…as county supervisors debate establishing a treatment center for these youth, the issue of locking up foster children has become a quagmire.

On one side are those who say the state should act like a responsible parent to stop children from leaving their home to meet pimps and johns. On the other side are those who say that locking up children mirrors the confinement that predators subject them to, and will ultimately fail to cure the problem.

“This is really the issue that everyone keeps coming back to,” said Allison Newcombe, an attorney with the Alliance for Children’s Rights who represents sex-trafficked children. “Everyone has such strong opinions.”

Law enforcement officials say criminal gangs have increasingly turned from selling drugs to selling children for sex because a drug can be sold once, but a child can be sold repeatedly. According to the California Child Welfare Council, a child’s life expectancy after being involved in sex trafficking is seven years, with AIDS and homicide being the leading causes of death.

Pimps capitalize on the porous barriers between foster care facilities and the outside world, advocates say, by calling vulnerable children, sending them letters and infiltrating group homes with young recruiters. In some cases, the pimps persuade children to get tattoos of their names.

Supervisor Sheila Kuehl, who opposes efforts to allow locking up foster children who are at risk of being lured into sex trafficking, said the recruitment for prostitution in the county’s juvenile detention facilities proves that confining children is not a solution.

Leading the push to establish a locked facility for some foster youth are Los Angeles County’s child welfare chief, Philip Browning, and Supervisor Don Knabe. Both are lobbying Sacramento lawmakers to change laws that currently prohibit confining foster care youth who are at risk.

Browning said he reluctantly came to support such an option after social workers watched children as young as 10 and 11 run from county foster care facilities to rendezvous with pimps and johns.

“We have a small number of youth in foster care where our current programs simply haven’t worked,” Browning said. “Frankly, I’m not certain that the current facilities provide the level of security that I would like.”

Posted in Child sexual abuse, DCFS, Edmund G. Brown, Jr. (Jerry), Foster Care, juvenile justice, LA County Board of Supervisors, Mental Illness, Reentry | No Comments »

Child Welfare Czar Update, Sen. Cory Booker Interview, a Coroner’s Inquest, and Henry Solis

March 18th, 2015 by Taylor Walker

MOVING FORWARD WITH THE OFFICE OF CHILD PROTECTION: TRANSITION TEAM STEPS BACK

After months of delays (and a little foot-dragging by the LA County Board of Supervisors), the transition team charged with preparing the way for the county’s new Office of Child Protection was able to relinquish control to the new interim child welfare czar, Fesia Davenport.

The co-chair of the transition team, Dr. Mitchell Katz, introduced the motion to have the team tear down shop.

Fesia Davenport, the new czar, (a former Chief Deputy Director of the Department of Children and Family Services) is already off to a productive start.

The Chronicle of Social Change’s Christie Rennick has the story. Here’s a clip:

Fesia Davenport, the interim director of the Office of Child Protection, took office on February 2, at which point the transition team appeared to loosen its grip on the implementation process, meeting only once that month and submitting a written progress report to the Board of Supervisors rather than appearing in person.

“She [Davenport] is espousing everywhere she goes that her role is to implement the recommendations from the Blue Ribbon Commission and ensure that children are better off in this county,” said Leslie Gilbert-Lurie, co-chair of the transition team. “That’s what we would have hoped for when we finished the work of the blue ribbon commission last year.”

Transition team members extended their willingness to continue to be available to Davenport to share their expertise on specific issues, including education and law enforcement, and generally were optimistic about the transition team coming to an end.

“I think we’ve done great work and I’m so happy the office is up and running,” said Judge Margaret Henry, a member of the transition team. “Fesia [Davenport] has hit the deck running, and I’m just proud of the direction we’re going.”

The inauguration of two new county supervisors and an interim county CEO seemed to reinvigorate county government’s interest in the commission’s reforms in recent months. Supervisor Sheila Keuhl committed to delivering a new child-centric county mission statement around the same time that the county’s interim CEO, Sachi Hamai, moved to establish the Office of Child Protection and hire an interim director.


US SENATOR CORY BOOKER ON CRIMINAL JUSTICE REFORM URGENCY

Last week, Sen. Cory Booker (D-NJ), Sen. Rand Paul (R-KY), Sen. Kirsten Gillibrand (D-NY), and Sen. Dean Heller (R-NV) introduced a first-of-its-kind bipartisan bill to legalize marijuana at the federal level.

The reform-minded Sen. Booker has also introduced (along with Sen. Paul) the REDEEM Act, which would restrict juvenile isolation, allow many youthful non-violent offenders to seal or expunge their records, and lift bans on federal welfare for low-level drug offenders, among other things.

In an interview with Vox’s German Lopez, Booker discusses the immediate need for criminal justice reform, from the war on drugs and racial inequality, to solitary confinement and rehabilitation. Here are some clips:

In my state, blacks are about 13 to 14 percent of the population, but they make up over 60 percent of the prison population.

Remember: the majority of people we arrest in America are nonviolent offenders. Now you’ve got this disparity in arrests, but that creates disparities that painfully fall all along this system.

For example, when you get arrested for possession with intent to sell, you can do it in some neighborhoods where there are no public schools and it’s not as densely packed as an inner city. You do it in an inner city and now you’re within a school zone, so you’re facing even higher mandatory minimums. So when you face that and you get out from your longer term, now you’re 19 years old with a felony conviction, possession with intent to sell in a school zone.

But forget even all of that — if you just have a felony conviction for possession, what do you face now? Thousands of collateral consequences that will dog you for all of your life. You can’t get a Pell Grant. You can’t get a business license. You can’t get a job. You’re hungry? You can’t get food stamps. You need some place to live? You can’t even get public housing.

What that does within our country, especially in these concentrated areas where we have massive numbers of men being incarcerated, is create a caste system in which people feel like there’s no way out. And we’re not doing anything as a society like we know we could do. There are tons of pilot programs that show if you help people coming back from a nonviolent offense lock into a job or opportunity, their recidivism rates go down dramatically. If you don’t help them, what happens is that, left with limited options, many people make the decision to go back to that world of narcotic sales.

What’s more dangerous to society: someone smoking marijuana in the privacy of their own home, or someone going 30 miles over the speed limit, racing down a road in a community? And yet that teenager who makes a mistake — doing something the last three presidents admitted to doing — now he has a felony conviction, because it’s more likely he’s going to get caught. And for the rest of his life, when he’s 29, 39, 49, 59, he’s still paying for a mistake he made as a teenager.

That’s not the kind of society I believe in, nor is it fiscally responsible…

[SNIP]

When you take juveniles, like we do in this country, and put them in solitary confinement — other nations consider that torture — you hurt them and you scar them through your practices. You expose them for nonviolent crimes to often violent people. You expose them to gang activity.

Then you throw them back on our streets. And you tell them, “We’re not going to help you get a job. You want a roof over your head? Forget it. In fact, if we catch you trespassing on public housing authority property, we’re going to take action against you. You’re going to get a Pell Grant, try to better yourself through education? Sorry, you’re banned from getting a Pell Grant.”

What do people do when they feel trapped and cornered by society?


CONSIDERING THE CORONER’S INQUEST AS AN ALTERNATIVE TO A GRAND JURY PROCEEDING

After the grand jury non-indictments for the deaths of Michael Brown and Eric Garner, there has been much public discussion regarding the grand jury process, especially with regard to how the grand jury is handled by local district attorneys.

One possible alternative is a coroner’s public inquest.

Coroners’ inquests crop up here and there across the nation under special circumstances, but only in Montana are coroners actually required to perform an inquest after an officer involved shooting.

The NY Times’ Jack Healy has more on the issue. Here’s a clip:

In most places, the actions of the police officer who fatally shot Kaileb Williams, 20, would have been judged in secret, by an anonymous grand jury weighing criminal charges behind closed doors.

Here, it all played out in the open, during a little-known proceeding called a coroner’s inquest. It unfolded like a miniature trial, with a county coroner presiding in place of a judge, and seven Montana residents questioning witnesses and examining the violent, chaotic path that led Mr. Williams to a deadly standoff with the police on an icy night this past December.

[SNIP]

Inquests do not indict officers or judge guilt or innocence, but lawyers here said they could be useful tools in cities inflamed by police killings. They take place before trials — often before any criminal charges are even filed — and offer a forum to air painful details and talk about disputed facts.

In Pasco, Wash., where the shooting death of a Hispanic orchard worker last month resulted in accusations of bias and cover-ups by the police, the coroner recently announced that he would hold an open inquest to head off “another Ferguson.”

“It helps to come to terms with a traumatic event to go through it in a public way,” said Paul MacMahon, an assistant law professor at the London School of Economics who recently wrote about inquests.

The inquests have the simple aims of officially declaring who was killed and when, but they also have the power to decide whether a killing is justified or a crime — a crucial question when a police officer has pulled the trigger. Whatever their outcome, the decision to file charges still rests with local prosecutors.


LAPD CHIEF FIRES OFFICER SUSPECTED OF POMONA SHOOTING

On Tuesday, LAPD Chief Charlie Beck fired Pomona officer Henry Solis who is missing and suspected of shooting 23-year-old Salome Rodriguez Jr. in a nightclub parking lot on Friday.

The LA Times’ Kate Mather has the story. Here’s a clip:

“Henry Solis failed to meet the minimum standards of the Los Angeles Police Department and has been terminated effectively immediately,” Beck said in a statement.

Earlier in the day, Beck had harsh words for the rookie cop, who has been missing since the fatal shooting occurred early Friday. Pomona police issued a warrant for his arrest Monday.

“If Henry Solis is watching this, you have dishonored this police department, your country and your service to the country, and your family,” Beck said, looking into television news cameras. “And you should turn yourself in and face the consequences for your actions.”

Posted in Charlie Beck, DCFS, LA County Board of Supervisors, LAPD | 8 Comments »

LA County Probation Reaches for New Goals for Juvie Camps as Feds Pack Up

March 13th, 2015 by Celeste Fremon


FULL COMPLIANCE

Earlier this week we learned that the LA County’s Juvenile Probation camps have finally reached “full compliance” with the 73 reforms demanded by the Civil Rights Division of the US Department of Justice.

This is, of course, very good news. While LA County’s 9 camps currently in operation are not yet the model facilities we hope they will become, the improvements are many and notable, with a heartening list of additional reforms in the works, including the $48 million transformation of Camp David Kilpatrick scheduled to open in January 2017.

“It’s a great relief, for the department and for the county as well,” said Felicia Cotton, probation’s assistant chief in charge of juvenile facilities, when we talked about the feds signing off on conditions at the camps. “It marks our progress and certainly charts our next steps—where we need to go. We’ve been able to put some critical pieces in place. Now it’s time to start building on that foundation.”

In meeting the federal requirements, the county had done far more than simply checking boxes, Cotton said.

Yet at one time, she admitted, probation was mostly checking boxes when it came to trying to satisfy the DOJ monitors

“The approach was, ‘Let’s be perfect when DOJ comes,’” Cotton said. “But in order to make real progress, we needed to do more than just appeasing. We had to start saying ‘This is our system.’ We had to really take ownership and ask, ‘How can we make it better?’ And when we find something that is broken, we have to be able figure out how to fix it—and not wait for the DOJ.”

“These are our kids,” said Cotton. And we need to be part of the team that’s helping them.”


THE BAD OLD DAYS

Indeed, when probation first began this reform process, it did so only because the feds held a metaphorical gun to its head after the DOJ conducted a civil rights investigation in 2006, and found LA’s juvenile facilities rife with horror.

Probation officers were batting kids around, slamming them against walls, calling them names, and instigating fights (some of which were caught on video and wound up on YouTube). Staff also made kids stand or sit in body-stressing positions for long periods, kept them in solitary confinement for even longer periods as punishment, randomly denied them bathroom breaks, recreational time and/or medical treatment, failed to check on kids who were on suicide watch, pepper sprayed teenagers over trivialities, and took kids’ personal possessions “without adequate justification”—-among other transgressions and illegalities.

In order to dodge a nasty lawsuit from the feds, in 2008, the Board of Supervisors sign a Memorandum of Understanding obligating the county to substantial changes in 41 “areas of concern ” that included such issues as: “Threats and Intimidation,” “Uses of Force,” “Supervision of Youth at Risk of Self-Harm,” “Suicide Prevention”—and, astonishingly, “Consumption of Alcohol By Staff.”

When the county was slow to make corrections, the feds amended the MOU twice to make additional demands. Specifically, the amendments insisted that Los Angeles County do more than merely stop harming its juvenile charges, but actually to try to help them with rehabilitative and therapeutic practices that could aid kids in healing and in turning their lives around.

The feds also asked the county to institute programs that better allowed kids to succeed when they left the camps and went back home.

The fact that LA County has succeeded enough to cause the DOJ monitoring team to pack up and return home has yet to be made public officially. However probation chief Jerry Powers said as much in a February 13 confidential letter informing the LA County Board of Supervisors that federal supervision of the camps was finally and satisfactorily at an end.

NOTE: Although WLA has obtained the memo sent by Powers to the supes, it was first brought to our attention by KPCC’s Frank Stoltze, who reported on the matter here.

“While this is certainly an important milestone,” Powers wrote, “it does not signify an end to our efforts…In the very near future I will bring forward a proposal for an independent monitoring system that will allow us to continue to monitor our progress and improvements.”


CUSTODY & CONTROL

I asked Cotton (who came on board at juvenile probation in 2010) what had caused things to become so dysfunctional and so harmful to the kids in the county’s care, that the department of justice had to step in.

“We used to use a system of custody and control,” she said. “That’s what it was all about.” Cotton also pointed out that, at the time, there were 1500 to 2000 kids in the county’s camps on any given day, with another 1500 in the county’s juvenile halls.

“So you had staff who were mostly trying to control kids. And you had kids who rebelled against that kind of control, with not much to lose. And you can’t blame them. That’s not the best approach for angry, traumatized kids.

Yes, but some of the staff did more than simply try to control kids’ behavior. Some of the camp staff was abusive, and the MOU—along with some high profile lawsuits—made clear that a systemic culture existed in the camps that allowed the abuse to continue.

“I think the majority of our staff were good people who got caught up in custody and control,” said Cotton.

But some went further, she admitted. “We didn’t have training to combat that culture. We didn’t have a philosophical framework to combat it.”

Now the county does have a “best practices” framework, said Cotton, “which came about during the years of DOJ oversight, and it has allowed upper management to begin to weed out “those who don’t find working with kids an honorable profession.” The weeding has, in turn, made room for those who do really want to work with kids, said Cotton.


TRAINING HELPS

Probation is trying out a number of rehabilitation strategies for the young people in its care including
cognitive behavioral therapy, aggression replacement therapy (the system that Santa Clara’s James Ranch has used with success) and Adapted Dialectal Behavior therapy.

Cotton noted, however, that when the camps’ control methods of the past were traded for more therapeutic “evidence-based” methods, there was pushback from some of the staff, who were not in favor of the change.

Instituting rehabilitative programs for the kids in the camps called for the staff to be trained in new methods, said Cotton. “It called for buy in. It called for a change in culture.”

As a consequence, she said, there was push back. “There were those who didn’t believe in the evidence-based approach. And I know I have pockets of those people still.” But those staffers are in the minority according to Cotton.

“I think deep down inside most of the staff want to be given the skills and the resources to do a good job.”


ONWARD TO THE FUTURE

Alex Johnson, executive director of the Children’s Defense Fund–California, praised probation’s progress in the camps that has triggered the federal sign off.

“However, LA County’s compliance with the federal memorandum of agreement is only a first step,” Johnson cautioned. “Systemic reform of the juvenile justice system will require a more comprehensive approach to protecting and healing our justice-involved youth. If we are truly vested in the rehabilitation of young people, we must eliminate punitive practices like solitary confinement, overhaul our countywide data collection systems, continue to increase educational opportunities for youth who are incarcerated, and invest in community based alternatives to incarceration and supportive reentry services…Efforts such as creating a new model at the former Camp Kilpatrick and CDF Freedom Schools are steps in the right direction, but true transformation in the movement to restore youth begins by ending the punitive incarceration model.”

Cotton essentially agreed. “This is by no means the end of what we intend to do,” she said. “It’s a starting place to reach for higher goals, and quality of treatment for our kids, as well as better training for our staff to get them the skills they need that the work that we’re going to be doing, going forward.”

Sounds good to us. And naturally we’ll be watching.


AND A QUICK ROUND UP OF OTHER NEWS…

AN LA MAN IS CHARGED AFTER 9-YEAR-OLD BOY TAKES GUN TO TARZANA SCHOOL

The AP has this story that is loaded with a host of troubling features.


AG ERIC HOLDER CONDEMNS IN HARSH TERMS THE SHOOTINGS OF OFFICERS IN FERGUSON

NRS’s Carrie Johnson has the story about what Holder and others have said to condemn on strongest terms the awful ambush shooting of two police officers in Ferguson.


AND MORE FERGUSON NEWS

Amy Davidson of the New Yorker in is Ferguson with more on the shooting and related issues

Posted in juvenile justice, LA County Board of Supervisors, Probation | No Comments »

Fighting Child Sex Trafficking, Planting Informants, LA County Settles Another High Ticket Lawsuit…and LAPD’s Mental Health Training

March 4th, 2015 by Taylor Walker

LA SUPES MOVE TO BLOCK CHILD TRAFFICKING IN HOMELESS MOTELS

On Tuesday, the LA County Board of Supervisors passed a motion to step up the county’s regulations on emergency shelter motels in an effort to combat child sex trafficking.

These facilities receive money from the county to provide short term housing to the homeless, but have also become easy hubs for sex trafficking.

The motion directs the Department of Public and Social Services to work out how the county can increase funding to the General Relief Emergency Housing Program to boost the amount of money paid to the motels, and identify alternative housing options for the homeless population.

The motion also directs DPSS and County Counsel to report back in 30 days with a feasibility analysis regarding changing the current motel participation free-for-all to a competitive bid process. The approved motels would sign a contract saying they would allow no sex trafficking on their property. They would also have to take an anti-trafficking training session, as well as hang up posters with hotline numbers in visible places. In addition, law enforcement inspections could occur at any time without warning (they are usually conducted during regular business hours, currently).

Here’s a clip from the motion by Mark Ridley-Thomas and Don Knabe:

Throughout Los Angeles County (County), children as young as nine are being exploited sexually for commercial purposes. According to the California Child Welfare Council, a trafficker may earn as much as $650,000 in a year by selling as few as four children. Often, motels and hotels are used by traffickers and buyers of sex with children as the venue for exploitation. According to The Polaris Project, an international anti-human trafficking organization named after the North Star which guided slaves to freedom in the United States, victims may be forced to stay at a hotel or motel where customers come to them or they are required to go to rooms rented out by the customers or traffickers. Additionally, sex trafficking victims often stay in hotels and motels with their traffickers while moving to different cities or states.

Approximately 45 motels/hotels are used Countywide to house homeless individuals through the Department of Public Social Services (DPSS) General Relief (GR) Emergency Housing program, which was developed to provide temporary shelter for homeless GR applicants while their application financial assistance is pending. An estimated 22 of these motels are located in the 2nd District, by far the highest percentage in the County. Of those 22 in the 2nd District, at least half are located on well-known prostitution tracks.

LA County Sheriff Jim McDonnell fully supports the Supes’ decision. Here’s a clip from his statement on the Supes decision:

As your Sheriff, I, along with the more than 18,000 men and women of the Los Angeles County Sheriff’s Department, remain committed to protecting the victims of this horrific emerging crime. We will continue our active engagement of – and partnership with — local, state and national leaders to obtain the necessary tools and resources to fight these criminal enterprises. I am also committed to work with local, state and federal partners to bring awareness to the need for enhanced penalties against the traffickers who sell these girls and the men who create the demand that sustains this criminal enterprise.

We must also work to address those in commercial ventures, including motel owners, who are creating a vehicle for these crimes to occur in our community. Our detectives routinely respond to the illicit narcotics and sex trade business, often gang-related, operating in and around motels throughout the County. This illegal business is often conducted during all hours of the day and night, in open view of residences and in the presence of children walking to school.

McDonnell has also been hammering away at this issue. Here’s a clip from his statement to the Senate Judiciary Committee hearing on human sex trafficking late last month:

For the larger counties such as Los Angeles, child sex trafficking is a problem that is not going away. In Los Angeles, our County departments and law enforcement agencies are endeavoring to work together to respond to the growing problem of trafficking and the sexual exploitation of children. We are crafting new approaches that better address the unique challenges these offenses pose.

One of our primary areas of focus has been on rehabilitating rather than punishing and detaining CSEC victims. We are helping sexually exploited children through a multi-agency team approach in a specialized juvenile court – called the “STAR” Court (Succeed Through Achievement and Resilience) – that avoids the typically adversarial nature of delinquency proceedings. County staff work to quickly move victims out of the juvenile justice system and coordinate with providers to offer needed services as well as increasing awareness and the identification of CSEC victims. Initiatives such as the STAR court have been funded through two grants awarded to the County’s Juvenile Court and Probation Department by the State of California from its Federal Title II Juvenile Justice Formula Grant allocation. Yet this is only a single court that impacts a limited number of young trafficking victims.

What is really needed at the local level is enhanced funding. Several pieces of legislation, including the Violence Against Women Act enacted in 2013, authorized grants for local initiatives to combat trafficking. But funds are seldom appropriated for this purpose.

For example, in Fiscal Year 2015, Congress tripled the appropriation of Department of Justice (DOJ) funding for trafficking victim services programs from $14.25 million to $42.25 million, but there is currently no assurance that DOJ will provide any of this funding to local governments. At a minimum, we would request that DOJ set aside at least $8 million of this funding for grants for local government initiatives that could be used to support more specialized courts such as the one in Los Angeles or for victim services provided by law enforcement, child welfare, or probation agencies. Funding could also be used to establish a Sex Trafficking Block Grant as authorized by the Trafficking Victims Protection Act of 2000, as amended….

The Chronicle of Social Change’s Christie Rennick has more on the important move. Here’s a clip:

Also of concern is that vendors appear to under-report criminal activity on their premises to law enforcement, and that DPSS only makes a single monthly visit to each vendor, which takes place during regular business hours.

A spokesperson for DPSS said during today’s board meeting that the agency is committed to working with the board to ensure it does not contract with entities who allow sex trafficking at their facilities. DPSS also plans to collaborate with the Los Angeles Sheriff’s Department and other law enforcement agencies to establish a reporting protocol in order to capture criminal activity taking place at hotels and motels under contract with the county.

One of many community-based nonprofit organizations supporting the motion is Saving Innocence, which works to rescue children from sexual trafficking.

“One-hundred percent of the children we serve were held captive or sold in these hotels and motels,” said Kim Biddle, executive director, during the meeting. “I would say we also need to look into criminalizing owners and managers of these hotels, but at the very least we need to increase their accountability.”


A PEAK INTO THE PRACTICE OF PLACING INFORMANTS WITH SUSPECTS TO GET INCRIMINATING

JAIL SUPERVISOR SEZ INFORMANTS WERE REGULARLY PLANTED TO GET SUSPECTS TO SELF-INCRIMINATE

A retired Santa Clara County Jail official, Lt. Frank Dixon, says he housed jailhouse informants with suspects to question them at the request of other cops and prosecutors from the District Attorney’s office, in violation of their civil rights.

A US Supreme Court ruling in 1986 says that informants may only be used for listening purposes; they are not to question suspects without the presence of their attorneys or coerce them into incriminating themselves.

San Jose Mercury News’ Tracy Kaplan has the story. Here are some clips:

“This has been happening everywhere nearly forever,” Orange County Public Defender Scott Sanders said. “How many wrongful convictions are there in this state behind these types of actions? Thousands, certainly. It is scary.”

[SNIP]

Former Santa Clara County District Attorney George Kennedy, who was first elected in 1990 and served four terms, said prosecutors “infrequently” did ask that inmates be housed in particular jail units, but only “in the most important matters” to learn such things as an accused killer’s motive or the location of a corpse. But he said they didn’t violate the inmates’ rights.

“Inmate-colleagues transferred for such purpose were not acting as questioning law-enforcement agents, but rather as persons given opportunities to listen,” Kennedy said.

In the Bains case, the informant, who claimed he just happened to be placed in the same unit as the accused killer, peppered him and other inmates with questions, according to testimony during the trial.

Dixon does not recall specifically planting the informant in Bains’ case. But he says that housing the suspected killer with informant Raymond Delgado, who had testified two weeks earlier in a different case and should have been in protective custody, was so “highly unusual” that it probably was intentional. He also clearly recalls “routinely” planting other informants in his capacity from the late 1980s through the late 1990s as one of two lieutenants who ran the classification unit, which assigns inmates to cells. He also said others in the classifications unit did the same thing.

[SNIP]

In his declaration, Dixon also said law enforcement agencies “upon occasion” would book an informant on “made-up charges” to gather information. He called the practice “849-ing,” referring to the penal code section that requires the release of inmates who are not charged with a crime within 48 hours. Dixon also said in the interview that he would make arrangements for a jail informant and a defendant who did not have to appear in court on a particular day to be bused to the courthouse so they would be forced to spend all day together in a cramped holding cell, where the informant would have plenty of time to tease out information from the other inmate.


LA COUNTY TO SETTLE JUVENILE CAMP BEATING CASE FOR $1.2 MIL

The LA County Board of Supervisors approved a settlement to the tune of $1.2 million in a lawsuit alleging that in 2008, juvenile detention camp staff neglected to address and subdue known racial tension that lead to a riot and the severe beating of Nathaniel Marshall. Marshall, who is black, sustained life-long injuries when he was pulled from his bunk and beaten by other teenagers during the riot at Camp Miller in Malibu.

Marshall suffered strokes during the incident, and now has epilepsy.

County attorneys only recommended a settlement after spending over $730,000 in legal fees and other expenses.

After the riot, the probation department lowered the number of kids placed at Miller to boost the staff-to-kid ratio, and implemented new safety policies.

The Santa Monica Mirror has more on the settlement. Here’s a clip:

“This was a systematic breakdown that amounted to deliberate indifference,” Goldstein said last summer. “These kids at that camp were entitled to be protected.”

A summary prepared by the Probation Department claimed that staffers were able to quickly control the situation.

“Staff worked to contain the situation quickly and effectively and the fight was stopped within seconds by giving verbal commands and making use of safe crisis management techniques,” according to the report….

Attorney Tomas Guterres, representing the county, told jurors that fights in detention camps cannot be eliminated. “It’s the nature of the population,” he said.

Goldstein said staffers and his client warned camp personnel that a race riot was about to break out, but no action was taken to prevent it. The complaint alleged the county failed to properly train and supervise the staff to make sure they reacted properly to the warnings.

In the wake of the brawl, the Probation Department cut the number of juvenile offenders housed at Camp Miller to create a better staffing ratio and also updated and expanded safety and security procedures, according to a “corrective action plan” submitted to the board for approval.


A QUICK-GUIDE ON THE LAPD’S MENTAL HEALTH TRAINING PRACTICES

LAPD Chief Charlie Beck noted in Monday’s press conference that two of the officers involved with Sunday’s Skid Row shooting had received specialized mental health training.

KPCC’s Stephanie O’Neill has a helpful rundown on what the LAPD’s mental health training looks like, how many officers receive it, and how the Mental Evaluation Unit works. Here’s a clip:

What kind of training did the officers have?

Chief Beck says the officers involved in the shooting were assigned to the department’s Safer Cities Initiative, which launched in 2005 to deal with issues of crime on Skid Row. As part of that program, he says, all were “specially trained on dealing with homeless people and mental illness issues.”

In that unit, officers are trained in a 2 1/2-hour course that updates the six hours of training all cadets get in the police academy. What’s more, officers in that program are given priority to attend the LAPD”s week-long Mental Health Evaluation Training (MHIT).

What kind of training does MHIT provide to officers?

The course is a 36-hour intensive that covers all aspects of mental illness and crisis intervention. The training includes role playing exercises in which clinicians from the Los Angeles County Department of Mental Health act out common scenarios that officers are likely to come across in the field.

Those role plays include talking a jumper off a ledge; dealing with a person suffering from active delusions and helping families deal with a loved one in crisis.

Another exercise teaches officers what it’s like for someone with paranoid delusions. One officer sits down while two people talk into each of his ears. While that’s happening, another person stands in front of the seated officer and gives him orders. The officer must then write down what he’s able to hear. The exercise is intended to show the police how hard it is for someone who might be hearing voices to follow their commands, and why many in the throes of delusions aren’t able to follow their orders.

Posted in Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, mental health, Skid Row | 1 Comment »

Prop 47 Report, Laptops in Lock-up, Prison Rape, and Training Teachers to Identify Abuse

February 26th, 2015 by Taylor Walker

EARLY ASSESSMENT OF PROP 47 IN LA, AND WHERE COUNTY AGENCIES THINK THE $$ SHOULD GO

At a county public safety meeting on Wednesday, LA County interim CEO Sachi Hamai presented a draft report assessing the county’s implementation of Proposition 47. (Prop 47 reduced certain low-level felonies to misdemeanors.)

At the behest of the Board of Supervisors, the CEO’s office worked with other county agencies—District Attorney, Sheriff’s Dept., Courts, Public Defender, and Alternate Public Defender—to pinpoint the programs and efforts that could qualify for and benefit from Prop 47 funding, and to gauge the effects of the legislation, thus far.

Of the state money saved by Prop 47, 65% is to go to mental health and drug programs for criminal justice system-involved people, 25% will be spent on reducing truancy and helping at-risk students, and 10% will go to trauma recovery centers for crime victims. But it is still not clear how that money will get portioned out to counties, or if there will be restrictions on what the counties want to do with their money.

Some of the efforts county agencies flagged as deserving of grant dollars included victim services and restitution, community-based mental health programs for Prop-47ers, urgent care centers, the New Direction diversion pilot program to keep kids in school, and a reentry program for kids in probation camps.

The report says that it is still too early to tell what long-term effects Prop 47 will have in Los Angeles. However, county agencies shared some short-term effects, including courts clogged with people seeking downgrade their felonies, and a fewer number of offenders signing up for mental health and drug rehab programs.

The LA Times’ Abby Sewell and Cindy Chang have more on the report. Here’s a clip:

By the end of January, according to the Sheriff’s Department, the decrease in narcotics arrests was even greater, 48% from a year ago.

Local criminal courts will process between 4,000 and 14,000 applications from pre-trial defendants who were arrested for felonies but can now petition to have their charges changed to misdemeanors, the report said. Another 20,000 applications could come from people currently incarcerated, the report said.

Another category of cases is expected to keep judges, prosecutors and public defenders busy: the people who have already served their time and can now change the felony on their criminal records to a misdemeanor. Those cases could top 300,000 and date back decades.

The report quantifies an expected impact on court-ordered drug and mental health treatment programs: a decrease in enrollment because defendants are no longer threatened with jail time. Sign-ups for the programs decreased from 110 defendants a year ago to 53 in the first three months after Proposition 47 passed.


TECH IN JUVENILE LOCK-UP PART 2: SAN DIEGO INVESTS IN COMPUTERS, TECH EDUCATION FOR KIDS BEHIND BARS

On Tuesday, we shared the first of Adriene Hill’s two stories for NPR’s Marketplace about correctional facilities that have taken meaningful steps toward bringing education up to par for kids behind bars by incorporating educational technology into the curriculum.

Hill’s second story takes place in the San Diego Kearny Mesa Juvenile Detention Facility, where every kid has a laptop to use in class.

In San Diego County, the Office of Education has spent $900,000 on computers and accessories for kids in juvenile corrections facilities. Teachers are being trained on how to use the computers to help teach lessons, and tech instruction is now on the docket. And with the added technology, lessons can be tailored to kids’ individual needs.

Here are some clips from Hill’s second story:

Since July 2013, San Diego County Office of Education has spent nearly $900,000 on computers, printers and software for its secure juvenile facilities. Soon every one of the 200 kids here will have access to a Chromebook in class. All the teachers are being trained to run a digital classroom and add tech to the curriculum.

But getting to this point took more than a big investment. It took a significant culture shift.

“At first, we were a little nervous. I’m not going to lie,” says Mindy McCartney, supervising probation officer, who is charged with keeping the youth here under control.

“Everybody thinks they are going to use [the laptop] as a Frisbee, or attack somebody, or they are going to tag it and break it,” she says. “And it simply hasn’t happened.”

There was also anxiety about turning on the internet, even though there were firewalls and monitoring systems in place.

“We hear ‘internet’ and ‘access’ and we automatically get very paranoid and think the worst-case scenarios,” McCartney says.

But, so far, McCartney says there have not been significant problems. Kids aren’t using laptops as weapons. They’re not sneaking messages to gang members on the outside. In fact, teachers say the technology has made their students here more engaged in what they’re learning. That’s exactly the type of progress experts say the juvenile justice system desperately needs to make.

[SNIP]

In many ways, educational technology is perfectly suited to kids in custody. Students who have committed crimes are constantly being yanked in and out of class. They have court hearings and meetings with probation officers.

“We do have a population that moves around a lot,” says teacher Yolanda Collier. She says when students have their own computers and some lessons are online, they don’t have to fall behind.

Say there are some supplementary stories, an interview…videos…and such, if I want.


TEENAGERS HOUSED WITH ADULTS, PRISON RAPE, AND WHAT MUST HAPPEN BEFORE INMATES ARE SAFE

The Marshall Project’s Maurice Chammah has an excellent longread chronicling the failures of the justice system to protect inmates from rape, and the gaps in the Prison Rape Elimination Act.

Chammah focuses, in particular, on the sexual violence inflicted on vulnerable teenage boys who are placed in adult detention facilities.

Chammah tells the harrowing story of “John Doe 1,” a 17-year-old repeatedly brutalized by adult men in multiple prisons. John’s experiences are all-too-common, especially in states where 16 and 17-year-olds are automatically charged as adults. Here are some clips:

The second time David raped him, John says David held a homemade weapon to his throat. It was a toothbrush, wired up with four or five shaving razors.

The third and fourth times, David just left the weapon on his desk, in clear view, and relied on John’s fear to keep him passive.

Then, one morning around 6 a.m., while out on the yard for recreation, John says he saw David receive a mesh laundry bag from a prisoner he didn’t know. He could see that it contained meat sticks and bags of chips. These kinds of exchanges were common; he figured the other prisoner might be trading the food for the use of his cell as a quiet place for tattooing or some other illicit activity. (Official policy forbade prisoners from visiting other cells, but officers frequently looked the other way.)

That afternoon, John returned to his “house,” as prisoners call their cells, and saw his cellmate’s key—in this prison, every inmate had a key to his own cell—sitting on the desk. His cellmate was in bed. Feeling greasy after his kitchen shift, John started to undress so he could take a shower. As he took off his pants, he saw the mesh bag of food. He looked over and realized the man in the bed was not David. It was the prisoner who had handed over the bag of food. The man rose from the bed, grabbed David’s toothbrush weapon, held it to John’s cheek, and forced him down. This prisoner had a jar of Vaseline, but it did not do much; after he left, John found blood on his clothes.

John says he was raped several more times by both his cellmate and strangers. He was forced to perform oral sex, and he still remembers brushing his teeth twice to get the taste out of his mouth. He never told medical staff about his anal bleeding because he felt embarrassed, though because of a foot injury he was able to get painkillers.

John would later be asked why he did not tell correctional staff, since in theory they could have taken steps to protect him. “I didn’t know what to do,” he said. He assumed the staff knew what was happening. From their station at the end of the hall, the officers would see men going in and out of his cell and they would not intervene. The rapists would put a towel over the cell door’s window, which was not allowed but must have been noticed by officers making their rounds. John says some of the officers would even make jokes, calling him a “fag,” a “girl,” and a “bust-down.”

Two months after his arrival, John finally reached a breaking point. Around 2 p.m. one day, David tried to touch the middle of his back. John pushed his hands away. David forced him up against a locker and wrapped his hands around John’s neck. John wrestled his way out, and emerged from the cell barefoot. Hanging a left, he ran to the guard station, and begged them to assign him to a different cell. He didn’t mention the rapes, only his cellmate’s attempt to choke him. The officers allowed John to grab his few possessions and move down the hall, closer to their station.

His new cellmate was not a predator, but by then John had been tagged as easy prey. Two days after he was moved, another prisoner cornered him in his cell and raped him. It seemed like other prisoners had figured out his schedule—when he would be alone in his cell, or in the shower. He was called a “fuckboy,” a term for the men who are “gay for pay,” trading sex for food or other favors, even though John said he never did.

[SNIP]

It is impossible to know how many of the teenagers sent to adult prisons in recent years have been sexually assaulted, in part because so many of them have been afraid to report. (Rape outside of prison is known to be under-reported, and the same is true within prison walls, especially because prisoners face the possibility of retaliation by both correctional staff and other prisoners.)

Some corrections officials have pointed out that sexual assaults regularly occur in juvenile facilities as well as in adult ones. But many non-violent crimes lead to probation, rather than incarceration, when they’re handled by the juvenile system, and a 1989 study found that prisoners under 18 in adult prisons reported being “sexually attacked” five times more often than their peers in juvenile institutions.


CALIFORNIA TEACHERS WILL NOW BE TRAINED TO IDENTIFY CHILD ABUSE

Thanks to a new state law, California teachers and other school employees are now required to take an online training course on how to identify child abuse and neglect, and how to report it.

KPCC’s Adolfo Guzman-Lopez has more on the issue. Here are some clips:

“Nothing is more important than the safety of our students,” Torlakson said in a written statement. “The new online training lessons will help school employees carry out their responsibilities to protect children and take action if they suspect abuse or neglect.”

[SNIP]

[Stephanie] Papas, who helped create the new two-hour online training, said the course will help employees tell if a child has been hurt from abuse or from an accident, for example.

“We have photos that are examples of, say, a welt that is in the shape of a belt buckle or a slap on a child’s cheek that’s left a hand imprint,” she said.

Posted in Child sexual abuse, District Attorney, juvenile justice, LA County Board of Supervisors, LASD, mental health, prison, Public Defender, Rape | No Comments »

Santa Clara’s Unique Efforts to Keep Kids Out of Adult Court…LASD Civilian Oversight Subpoena Power….School Discipline….and NY’s New Anti-Prison Rape Videos

February 23rd, 2015 by Taylor Walker

SANTA CLARA PROSECUTORS LOOK TO ADVOCATES TO ANALYZE HOW KIDS ARE TRIED

In 2013, the Santa Clara County District Attorney’s office invited a team of advocates and public defenders to evaluate how and why county prosecutors charged teenagers as adults.

Prosecutors sat down with the team and discussed each case in which a kid was sent to adult court. The advocates, all against charging kids as adults for any reason, showed prosecutors where they felt different outcomes could have been achieved.

The goal of the DA’s office is to simultaneously keep kids out of the adult system while still maintaining public safety. This particular effort to increase oversight of how teens are prosecuted is unlike anything else we have seen in the state (and is certainly worth emulating).

The San Jose Mercury’s Mark Gomez has more on Santa Clara’s important program and its significance. Here are some clips:

“It’s very easy to close the books and not account for what you did and why,” said Frankie Guzman, an attorney with the National Center for Youth Law who was one of the advocates invited to review the cases. “I respect the fact this interaction and conversation happened, because it’s not happening anywhere else.”

In the majority of cases in Santa Clara County, prosecutors choose to keep the youth in the juvenile system, where the focus is on rehabilitation.

But in about 18 percent of such cases in Santa Clara County since 2010, prosecutors charged juveniles as adults, often resulting in prison sentences. The decision to bring in youth advocates was made following an internal review in 2013, which revealed that a higher percentage of Latino kids face adult charges than other ethnicities. So the District Attorney’s Office pulled together a team of people from the county public defender’s office and Bay Area youth advocacy groups to scour every single case filed that year. Prosecutors explained each decision, and the team discussed what they might have done differently.

“If we can keep a kid in the juvenile system and still protect public safety, we’re going to make that decision,” said Chris Arriola, supervising deputy district attorney of the juvenile unit. “But sometimes we have to make that decision to take them out. We do not take it lightly.

[SNIP]

In many California counties, the decision to charge a youth as an adult is made by one prosecutor, according to Bay Area youth advocates. District attorneys are not obligated to detail their reasoning for charging a juvenile as an adult — known as “direct file” cases.

In Santa Clara County, a team of four senior prosecutors considers several factors, including the youth’s criminal history, the sophistication and gravity of the offense, the outcome in previous attempts to rehabilitate the youth, and the ability now to rehabilitate the minor in the juvenile justice system. All four prosecutors must agree the youth should be criminally prosecuted as an adult.

Read the rest.


SHOULD THE LASD CIVILIAN OVERSIGHT PANEL HAVE AUTHORITY TO SUBPOENA DEPARTMENT DOCS?

KPCC’s Frank Stoltze takes a look at the hotly-debated issue of whether to equip civilian oversight commission with the power to subpoena documents as part of its oversight of the Los Angeles Sheriff’s Department.

Members of the group planning the new civilian panel have differing opinions, and Sheriff Jim McDonnell is still not too keen on the idea, according to Undersheriff Neal Tyler.

The planning group is slated to present their recommendations to the LA County Board of Supervisors in May.

Here are some clips from Stoltze’s story:

“Its certainly a club should you ever need it,” said Dean Hansell, who chairs the working group which is designing the new oversight panel.

Subpoena power would give the panel the ability to force reluctant Sheriff’s officials to testify before it and to obtain certain documents. It would not give the panel access to personnel records – that would require a change in state law.

[SNIP]

Sheriff Jim McDonnell remains reluctant to support subpoena power, according to interim Undersheriff Neal Tyler. He said change already is underway at the department, which is under federal investigation for civil rights abuses and corruption. There’s no need for “the hammer” of subpoena power after the election of McDonnell, said Tyler, who also sits on the working group.

“We have a hammer right now and its Sheriff Jim McDonnell,” the undersheriff said. He also noted McDonnell is providing Inspector General Max Huntsman broad access to the department.

“We are working so cooperatively with him now that it’s not necessary to codify it,” Tyler said. Huntsman has said he needs still more access to adequately oversee the department, and that subpoena power would help.


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

News 10′s Michael Bott and Ty Chandler have good overview of the state of school discipline in California, both the racially disparate use of “willful defiance” suspensions, and the restorative justice alternatives that are starting to reverse some of the damages done to kids of color across the state.

Bott and Chandler’s story includes some interesting videos and an interactive map of willful defiance suspensions at schools in the Bay Area (only one SoCal school is featured). Here’s how it opens:

Teenager Dwayne Powe Jr. got a suspension in eighth grade. He didn’t get into a fight. He wasn’t caught with drugs. He committed no crime.

“I actually was asking for a pencil,” Powe said.

Powe said his class began an exercise and he asked to borrow a pencil from another student. That’s when his teacher told Powe he was being disruptive and made him leave class. Powe tried explaining he had only asked for a pencil, but that only dug his hole deeper, he said.

He was technically suspended for “willful defiance”.

Nearly 200,000 California students who were suspended for willful defiance last year can relate to Powe’s story.

What constitutes willful defiance is somewhat vague, but it generally allows teachers to remove students from the classroom if their behavior is thought to be disruptive or defiant. It’s the most common reason California students were suspended—and students of color are overwhelmingly targeted.

But there is a growing consensus that keeping kids out of the classroom for non-violent behavioral issues has done more harm than good, and students of color are paying the heaviest cost for this policy.


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

In the 2013-2014 school year in California, expulsions plunged 20%, and suspensions fell 15%.

In an effort to keep those numbers dropping, and to divert kids from the “school-to-prison-pipeline,” Ed Source has assembled the Educators Network for Effective School Discipline, backed by the California Endowment.

The group intends to connect school officials, educators, and others to share and discuss programs and practices (like restorative justice and Positive Behavioral Interventions and Supports) that are successfully keeping kids in class, creating better relationships between kids and teachers, and promoting school safety.

Current chairman of the Educators Network for Effective School Discipline, Carl Cohn (who is also a former school superintendent and former State Board of Education member), has more on the new network and why this issue is so important. Here’s a clip:

Leaders of California public schools are seriously re-examining discipline practices and questioning the value of practices that are ineffective and counterproductive – measures that may put youngsters at greater risk for dropping out and for involvement with the juvenile justice system.

These leaders are listening carefully and responding appropriately to the long-standing accusation in the civil rights and advocacy community that some of our schools are, in fact, “pipelines to prison.” Nothing better represents this point of view than the thousands of students suspended each year for willful defiance, which could include behaviors such as eye rolling, talking loudly or standing in a menacing way….

As a first step toward ending this practice, Gov. Jerry Brown recently signed AB 420, which bans suspending students in the K-3 grades for willful defiance.

In order to sustain this momentum, EdSource has convened the Educators Network for Effective School Discipline, with support from The California Endowment. The idea is to bring together principals, teachers, superintendents and others to look at ways to keep youngsters in school and to share best practices and model programs that are especially effective at accomplishing that goal while also making sure that schools are safer as a result of the effort. It’s not just about bringing the numbers of suspensions and expulsions down; it’s also about creating a school climate that contributes to positive relationships among students and staff.

In our discussions with educators, both Positive Behavioral Interventions and Supports (evidence-based interventions that work) and “restorative justice” (where students are called on to repair the harm caused by bad behavior) have emerged as just two effective routes toward creating a school climate that helps keep kids in school and maintaining a safer school environment overall. Like most ambitious school reforms, issuing directives from district headquarters will probably not yield the best results. These are changes that must be owned by principals, teachers, assistant principals and school counselors – those closest to meting out school discipline.


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

Funded through the Prison Rape Elimination Act, New York state prisons will start showing two new inmate orientation safety videos to educate men and women about how to avoid rape behind bars. The twenty-minute-long videos are directed by T.J. Parsell, who was raped on his first day in prison.

The Marshall Project’s Eli Hager has more on the safety videos. Here’s a clip:

Prisons will show inmates — both male and female — an orientation video offering advice on how to identify, and avoid, sexual predators behind bars….

They will be premiered for the inmates who participated in the filming — at Bedford Hills Correctional Facility for Women, Fishkill Correctional Facility, and Downstate Correctional Facility — then rolled out in prisons across the state.

New York has had an uneven record on prison rape. In 2010, according to PREA surveys, three of the eleven prisons in the U.S. with the most staff-on-inmate sexual violence were in New York…

The orientation videos are an attempt to confront that legacy and to change a prison culture in which sexual assault, and the code of silence surrounding it, remain all too common.

Posted in District Attorney, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Public Defender, racial justice, Rape, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

Are American Jails Being Misused? A New Report Says YES…(And How Do LA Jails Rate?)

February 12th, 2015 by Celeste Fremon


Every year there are nearly 12 million admissions to local jails in the U.S.
—almost 20 times the number of admissions to the nation’s state and federal prisons.

Yet while Americans seem finally to be having a sober conversation about the collateral damage done by our disastrously outsized prison systems, comparitively little attention has been paid to the rapid growth of the nation’s jails.

Now a new report from the Vera Institute of Justice looks at the key policies that have contributed to the rise in the use of jails, and the impact of jail incarceration on individuals, families, and communities.

The report, called Incarceration’s Front Door: The Misuse of Jails in America, was supported by the John D. and Catherine T. MacArthur Foundation as part of MacArthur’s just announced $75 million Safety and Justice Challenge initiative, through which the Foundation will fund up to 20 jurisdictions throughout the country to rigorously examine how well or poorly their local jails are being used. Then out of the 20, 10 entries will be selected and given up to $2 million a year to design and implement plans for using “innovative, collaborative, and evidence-based solutions” to reduce the use of jail incarceration without compromising public safety.

The Safety and Justice challenge is competitive and, on Wednesday, MacArthur released its request for proposals [RFP], for the first round of the competition, entries for which are due March 31.

“We’ve had expressions of interest from a number of counties in California,” Laurie Garduque, the director of Justice Reform for MacArthur told me. “I expect we’ll get applications from some of those jurisdictions—especially in light of the impact of realignment and other legislation, that has focused more attention on what is happening at a county level with the local jails”

As to whether anyone had expressed interest from Los Angeles County, the MacArthur and the Vera people I spoke with said they hadn’t yet talked directly to any of the main players about the challenge, but that they hoped LA would apply.


FACTORS AFFECTING OVER USE OF JAILS

The Vera report points out that jails serve an important function in local justice systems, both for short term incarceration, and to hold those charged with crimes who are either deemed too dangerous to release pending trial, or who are considered flight risks unlikely to turn up for trial.

According to Vera, however, the above categories no longer represent what jails primarily do or whom they hold. Instead, Vera reported, three out of five people in jail are unconvicted of any crime, yet are simply too poor to post even a low bail in order to be released while their cases are being processed.

For instance, in 2013 in New York City, more than 50% of the jail inmates who were held until their cases were settled, stayed in jail solely because they couldn’t afford bail of $2,500 or less. Most of these inmates were arrested on misdemeanor cases.

All of this time spent in jail purely for fiscal reasons, the report points out, has collateral consequences in terms of lost wages, lost jobs, loss of a place to live, and loss of time spent with spouses and children, producing further harm and destabilization of those incarcerated and, by extension, their families and communities.

Moreover, nearly 75 percent of both pretrial detainees and sentenced offenders are in jail for nonviolent traffic, property, drug, or public order offenses—some of which could be more successfully handled through diversion programs that utilize community based services. “Underlying the behavior that lands people in jail,” write the Vera authors, “there is often a history of substance abuse, mental illness, poverty, failure in school, and homelessness.”

(The report notes that, in Los Angeles County, they found that the single largest group booked into the jail system consisted of people charged with traffic and vehicular offenses.)

Vera also points to success stories, like that of Portland, Oregon, where every police officer receives training in how to respond to a suspect who appears to suffer from mental illness or is under the influence of drugs or alcohol. “For those people whose mental illness or substance use disorder is driving their repeated encounters with law enforcement—-typically as suspects in drug or property crimes—-the department participates in a Service Coordination Team that offers treatment in lieu of detention.” The strategy worked, both in terms of public safety, and fiscally. Between 2008 and 2010, the team saved the county nearly $16 million in jail costs alone.


WHAT ABOUT LA?

Interestingly, in 2011 the Vera Institute delivered a 289-page jails study commissioned by Los Angeles county’s board of supervisors. The report was titled the Los Angeles County Jail Overcrowding Reduction Project and, as its name suggests, it was focused on the LA county jail system specifically. The two-year Vera analysis (which was first completed in 2008, then revised in Sept. 2011) was exhaustively thorough, and yielded 39 detailed recommendations for LA, many focusing on things like pre-trial release programs and more effective responses to the mentally ill. Few of those recommendations, however, seemed to be included when, last spring, the board ordered up its $2 billion jail replacement and building plan.

More recently, spurred by the leadership of district attorney Jackie Lacey and by escalating threats from the civil rights division of the Department of Justice, LA has finally taken some heartening steps in the direction of a comprehensive community diversion program for the non-dangerous mentally ill who, at present, cycle in an out of LA county jail with grinding regularity.

Yet pre-trial release has been pretty much a non-starter.

So now that we have a new reform-minded sheriff, two new supervisors who are unhappy at the size of the county’s jail population, and a district attorney who continues to demonstrate her engagement with reform, will LA County fill out an application for the MacArthur Safety and Justice challenge?

“I think it’s a real opportunity,” said Nancy Fishman, one of the authors of the new 54-page report. “We’re all just at the beginning of what will be a massive outreach to counties, Los Angeles included. And we hope LA applies.”

More on that as we know it.

Posted in District Attorney, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, Mental Illness, pretrial detention/release | 4 Comments »

Formerly Locked-Up LA Youth Tell How to Build a Better Juvenile Justice System

February 6th, 2015 by Celeste Fremon


LOOKING FOR THE LA MODEL

Los Angeles County is at a critical stage in reforming its juvenile justice system, which is the largest in the nation. Juvenile crime is down, and more kids than in the past are being given probation for non-serious infractions, rather than being sent to locked facilities.

Yet, still nearly 1000 young people are spending their time daily in LA County’s 3 juvenile halls or in one of its 9 probation camps that are still in operation. (It has 14 total.)

Locking kids up is a costly matter. The average daily tab to house a youth in one of LA County’s camps is $329.61. If he or she stays in camp for six months, that’s over $60,000 to keep one teenager for one-half year—far in excess of what it would cost to send that same kid to a high priced private university.

Yet, the recidivism rate of kids coming out of the camps, according to probation’s own numbers, is 40 percent. Not an encouraging success rate. Moreover, some researchers claim that the return-customer percentage is really much higher.

Five years ago, things were spectacularly worse in the campswith conditions that were, frankly, unconscionable. But, due to nearly eight years of oversight by the Department of Justice, plus several big, bad lawsuits, there have been heartening improvements.

There is still a long way to go. Even Probation Chief Jerry Powers described the design of the probation camps, in a report to the LA County Board of Supervisors, as “creat[ing] an image of a jail-like environment.”

The good news is that there’s a scheme in the works, which many believe could usher in truly profound changes in the way LA treats its law-breaking young. Officials at LA County Probation, along with participants from a gaggle of other agencies, plus university researchers, policy makers and advocates— are in the midst of hammering out the finer details of a plan to build a new kind of probation camp, a $48 million pilot project that everyone hopes will become a model that can be replicated throughout LA County’s juvenile system—and, with luck, beyond that to the rest of the state, or maybe even the nation.

As we’ve reported in the past, the new pilot facility is to be built on the site of the now-closed Camp David Kilpatrick, the system’s oldest such facility, located in the rural hills above Malibu. The idea is to transform the run-down Kilpatrick—which, prior to teardown, resembled a group 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 theoretically be designed to promote rehabilitation and healing, rather than simply behavior control, as has been too often the emphasis in the past.

But the details of this brand new programming strategy—which is slated to be called The LA Model—are, in many ways, still very fluid.

Part of the issue is the fact that the project is an unusually collaborative one, with planning committees that include juvenile justice advocates from various nonprofits, along with representatives from 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, researchers from UCLA and Cal State LA, and so on.

And in the end, it is LA County Probation’s project, and probation is, of course, overseen by the LA County Board of Supervisors, which holds the purse strings on the enterprise. Additionally, on anything regarding staffing, probation has to answer to its unions, which—naturally—want a say in the matter.

Getting this diverse array of people, agencies, and interests to agree has reportedly been challenging. As a consequence, although progress is being made, there have been repeated delays. As it stands now, the LA Model camp is set to be completed in late 2016 and open in January 2017.


A TEAM OF UNCONVENTIONAL EXPERTS

With all of the aforementioned in mind, some of the researchers and policy advocates involved—namely a UCLA-affiliated research team working under Dr. Jorja leap (whose CV you can find here), along with policy analysts Michelle Newell and Angela Chung from the California branch of the Children’s Defense Fund (CDF-CA), decided everyone might benefit from the opinions of a very different group of advisors—specifically kids who have been locked up in the probation camps, thus have personal experience with the system.

And so it was that last spring Leap’s team, together with the CDF-CA policy analysts, coordinated a series of five focus groups with 48 teenagers and young adults, each of whom had spent time in LA County’s long-troubled camps. At every meeting, the participants were asked various versions of the same question: “How can Los Angeles County’s probation camps provide a more positive experience for youth?”

The focus groups were turned out to be quite productive. So the researchers and analysts decided to go a step further. They selected five young men and women from the groups and made them “policy fellows.” The idea was that the five would help take the material gained thus far from the focus groups, and distill it, and turn the youth-generated information into a policy brief.

The fellows—three males and two females—ranged in age from 18 to 27, and collectively had spent a total of 102 months—8.5 years—in LA County’s juvenile camps. Their names are Karla Fuentes-Quiroz, Raul Barreto, Ralphica Garnett, Daniel Bisuano and James Anderson.

“Too often we have policy briefs authored by people who don’t have any real world connection with the subject,” said Dr. Jorja Leap. Everyone was pleased that this time it was different.

After their selection, the five spent several months going to workshops to learn the nuts and bolts of research, analysis and policy writing. Then they were mentored by CDF-CA’s juvenile justice policy team through the process of conceiving and writing a brief that outlined a five priorities that the youth fellows and their mentors concluded must be at the top of the list for the LA Model planners.

The completed 34-page brief—titled Rising up, Speaking Out: Youth Transforming Los angeles County’s Juvenile Justice System—was presented to the various Kilpatrick planning entities early this year, and reportedly was warmly received.

“The response has been overwhelming and positive,” said Leap. “There is tremendous support for the youth voices and how important these are in the process.”

Before we get to the details of the youth brief, however, it might be helpful to meet one of the fellows, Raul Barreto, whose backstory represents the kind of life experience that the five brought to the table.


EXPERTISE GAINED THE HARD WAY

When Raul Barreto was a pre-teen, a lot of the kids around him were joining street gangs, yet he did not. Like the other boys, he was curious about the gang world. But his over-stressed and distracted mother moved her eight children around far too often for him settle comfortably into any group—gangs included.

“My mom did her best. I love and admire her so much for that,” he said. “She always fed us. She washed our clothes. But she could never afford to stay in one place.” The frequent moving was compounded by the fact that there were no rules in the household. No boundaries, Raul said. No emphasis on school. No protective parental focus that helped her children feel secure and emotionally tethered.

It didn’t help that Raul had no dad around for most of his upbringing. When he was seven-years-old, his father vanished into prison.

In the father’s absence, Raul’s oldest brother became his role model, imparting to the younger boy the only gifts he had to give, which were primarily the ability to be tough, even when you didn’t feel tough, and instructions about how to get by on the street.

When Raul was in 8th grade, he put those lessons to work by attempting to form a clique of his own. When a boy from another clique “disrespected” Raul’s newly formed group, Raul did what he thought he had to do. He whacked the kid with a heavy chain, and was quickly arrested and charged with assault. And so it was that, at age 13, he was sentenced for nine months to an LA County probation camp.

“Basically, it was gladiator school,” said Raul of his first camp stay. The staff offered little help. “They didn’t do much more than herd people. They were essentially guards.”

Raul’s brother, who’d been to camp before him, told him how to navigate the place without being bullied. It was not honorable to back down, his older brother said, even if you got beat up, even if you got hurt badly. “There was a certain pride that I held in having never backed down,” Raul said.

Raul was sent to LA County camps a total of four times, although the last three stays were for probation violations, not for additional charges. Between camp stays, Barreto’s adored older brother, who was nineteen at the time, was arrested and sentenced to prison for more than 100 years.

The brother’s sentence slammed Barreto far more than his father’s exit had but, as with the camp fights, he took the blow with as much stoicism as he could muster.

His last stay in camp was at Camp David Gonzalez, then the system’s most progressive, volunteer-heavy facility, located in the hills off Malibu Canyon. There Barreto met a mentor who would change his life, a volunteer named Dan Seaver who ran the camp’s unique, kid-produced newspaper.

Seaver repeatedly told Raul that he was smart, and had potential, and urged him to take advantage of the camp’s various activities. “He talked to me about college. He talked to me about work. He talked to me about those and other things in a way that made them real for me,” he said.

During his stay at Gonzalez, Raul learned he had a knack for writing, and soon became the newspaper’s editor. While in camp, he also read like crazy. Fantasy was his favorite genre. “I read all the Harry Potter books, and a whole lot of others,” Raul said. “I wanted read the Lord of the Rings trilogy, but they didn’t have it in the camp library.” Reading was a way he could escape from being locked up” Raul said. “It also helped me become a better writer.”

Seaver’s mentorship at Gonzales didn’t magically solve all of Barreto’s problems. It took a couple additional incarcerations, this time as an adult. It also took knowing someone who, over time, refused to give up on him.

Fast forward to the present. Raul, now has a good job working for Martin Outdoor Media, the company that sells advertising on those green bus benches that bloom around the city. He has also done some crew work in the film industry and has plans to do more.

In his off time, he does advocacy work for an organization called Anti-recidivism Coalition—or ARC—through which he makes visits to the county’s probation camps to talk to kids who remind him of his younger self, telling them not to give up, that they can do it, that it’ll be okay.

And, now of course, there is his involvement with the policy fellowship.


FIVE SUGGESTIONS FOR TRANSFORMATION

In all, the youth fellows came up with five primary areas of change that they believed were most essential.

“These are very realistic recommendations,” said Michelle Newell of the Children’s Defense Fund who, like Leap, feels that the youth-informed policy brief has been well received.

“Things have gotten a lot a lot better in the camps,” continued Newell, But, in a lot of ways, she said, they were “still operating on a punitive incarceration model.”

Probation had worked to hit all the marks that the various big lawsuits, and the years of oversight by the DOJ have required, and that has helped, Newell said. “But compliance-based reactive change isn’t going to get us where we want to go.”

Hence the brief, the five primary points of which are the following:

1. Increase the availability and diversity of programs.

• Implement programs at all camps that are youth-centered and tailored individually for a youth’s strengths, skills and interests. Programs should be scheduled in ways that encourage youth participation, making efforts to address gaps in scheduling and ensure equal access across the camps.

• Provide camp programs that prepare young people to successfully transition back into their communities, such as higher education workshops, work and technical skill-building, and job search and interviewing workshops.

• Provide high quality education in probation camps, including utilizing the 300 minutes of instructional time for supportive and advanced curriculum, better textbooks and more avenues to establish stronger credit recovery. Continue to expand successful educational models such as Road to Success Academy, a project-based learning model that was piloted in the two girls’ camps and is currently being expanded.

• Expand partnerships with community-based organizations at all camps to provide a diverse array of programs for young people to develop pro-social skills and connections with mentors (e.g., Camp Gonzales, arguably the most resourced camp,12 has many such partnerships and can serve as a model).

2. Foster mentorship and supportive relationships with probation officers.

*Hire, invest in and retain probation staff who are not trained only as guards but rather who also want to work with youth and rehabilitate them. These efforts have already begun but need to be deepened; probation should reevaluate job descriptions and hiring practices to ensure the best staff is recruited and retained.

* Train and provide technical assistance for probation staff on all levels in trauma-informed approaches, positive youth development and other therapeutic approaches to communicating, managing and working with youth. Los Angeles County should invest in trainings such as those run by The National Child Traumatic Stress Network or other violence intervention programs that prevent re-victimization and train staff in the role trauma plays in brain development, adolescent development and behavior.

*Build a mission, culture and operations centered on positive approaches to safety and building relationships, moving away from correctional approaches that emphasize control and supervision.

• Foster activities, routines and spaces for probation staff and youth to engage in positive ways (e.g., in Dauphin County, Pennsylvania, at the maximum security facility for youth who have committed serious and violent crimes run by the nonprofit Alternative Rehabilitation Communities (ARC), staff sit and eat with the young people at the dining table for all meals, creating a family feel).

• Establish a working schedule for probation staff that supports a small group treatment model and is consistent with relationship building20 (e.g., reevaluate the 56-hour staffing shift and determine whether a different schedule would allow for closer relationship building with youth).

3. Cultivate the dignity of youth at camp through increased privacy, cleanliness and nutrition.

• Provide access to healthier food, more food and better quality food. This includes providing more snacks, removing expired food and having equal access to seconds (i.e., not providing reward systems for youth to have seconds).

• Increase hygiene by providing youth with individual towels and soaps, better quality hygiene products, including feminine products, cleaner and nicer clothing, and better quality and cleaner bedding (e.g., Santa Clara County’s William F. James Enhanced Ranch provides each youth his or her own regular commercial hygiene products).

• Create physical layouts of camps that provide more privacy in bathrooms (for toilets and showers), as well as dorm rooms with less crowding, homelike furniture and better quality beds (e.g., The Missouri Model created homelike pods that fit 12 youth in one setting rather than 100 beds in one dorm with a single control center.

4. Increase connections with family and community.

• Provide regular visits (i.e., more than one a week) for families and include flexible times to accommodate families’ schedules (e.g., North Carolina state facilities provide visitation seven days a week, which helps youth build closer relationships with their families.)

• Provide access to transportation, given that most probation camps are in
remote locations where public transportation does not exist. This could be through transportation stipends, rides to camps or alternative meeting places where youth are transported closer to home for supervised visits (e.g., in Virginia, the Transportation Program provides low-cost transportation for family members who need it29). Sending youth to facilities in remote areas that are not accessible to families or community services also needs to be re-evaluated.

• Create alterative mediums for families to communicate with youth, such as Skype and video chat. Camps should consider home passes or “furloughs,” which are used in many model juvenile justice programs, including Santa Clara County, California, Missouri and ARC in Pennsylvania.

• Eliminate any practices that limit or remove visitation, phone calls or mail from family as punishment.

• Create physical spaces and procedures in camp that make families feel welcomed, valued, less intimidated and open to staff interaction.

• Expand the definition of family and allow visits from non-relatives; mentors, siblings under 18 years old and other loved ones play an important role in youth’s lives and should be allowed to visit.

5. Improve camp discipline and management procedures.

End regimented, boot camp-like camp procedures (e.g., marching with hands behind the back, sitting on bunks to be counted, and running to and from buildings) that demean youth and convey control and coercion.

• End punitive practices, including solitary confinement, use of force and pepper spray, and replace them with positive behavior support systems. Nationally recognized models demonstrate successful methodologies for crisis and safety management that are not deficit-based, such as Positive Youth Development, Trauma-Informed Care, New York State’s Sanctuary Model37 and Positive Behavioral Interventions and Supports.

• Adopt practices that let youth feel normal and valued, including recognizing normal adolescent developmental milestones — celebrating birthdays, acknowledging losses such as deaths, and recognizing accomplishments, such as graduations.

• Allow for personal space and freedom by developing camp routines and structures that allow for youth to experience a sense of calmness, privacy and reflection, which is critical to their development and the progress they make with their treatment.


LIVES SAVED—AND NOT

Each of the five fellows wrote a personal introduction for one of the five categories. It is likely not a surprise that Raul was the person in charge of the chapter on relationships and mentoring.

As a part of the introduction to his section, Raul wrote the following:

“I was 13 my first time in camp and was sentenced to nine months. During those nine months I didn’t get counseling, I didn’t learn a trade or any new skills and, probably most importantly, I never made a connection with a positive adult or anyone I trusted who could give me life advice. I had myself and my peers. When I wasn’t worried about my peers doing something, I was worried about staff and vice versa. I learned to survive in so many unnecessary ways that are only useful in institutions.

“Every time I was released, I remained unguided and misinformed and, usually, I ended up recidivating. Luckily, I eventually broke that pattern. Many of the kids I met, fought with, laughed with and lived with throughout my many stays in juvenile detention are now dead, heavily drug addicted or serving life in prison.

“The difference between me and them is that during my last camp program, I met a volunteer who became my mentor, a person who until this very day will answer my call, listen to my problems and give me the best possible advice he can offer. I firmly believe it was this simple, consistent act that saved my life….

“And while my camp experience happened a lot longer ago than many other youth in the focus groups, the need for connection and mentorship continues to remain a problem for youth at camps today. My experience simply shows just how important it is when just one person makes a connection with a young person….”

Hard to argue with that.


Posted in juvenile justice, LA County Board of Supervisors, Probation | 1 Comment »

Reforms Trump Talking About Race, Solitary and Kids’ Brains, Next Steps for NYC Solitary Ban, and LA Foster Care Reform Efforts

January 16th, 2015 by Taylor Walker

CHOOSE ACTIONABLE REFORM OVER NATIONAL DISCOURSE ON RACE

In an op-ed for the LA Times, California Endowment President Robert Ross says that instead of pushing for a national discussion about race issues, we should take advantage of this “once-in-a-generation” opportunity to take action. Ross urges Californians to push forward with meaningful reforms to ensure better opportunities and outcomes for young people of color.

He points to four specific areas, which the state has already made some measure of progress on, where we should focus our efforts—public education, criminal justice, immigration, and healthcare. Here are the details on the first two:

Public education: California has made the most progressive changes in the nation to bring more resources to our most vulnerable students. In 2012, voters approved Proposition 30, a temporary tax increase that channeled $6 billion to our under-funded schools. We should make it permanent. Then, there’s the Local Control Funding Formula that was ushered in by Gov. Jerry Brown in 2013. It will increase classroom funding — by as much as $18 billion over eight years, according to Legislative Analyst Office estimates — for kids in poor, immigrant and foster care households.

Still, the supplemental funds from the Local Control Funding Formula risk disappearing into the ether of school districts’ bureaucracies. We need an annual report card or tracking effort to ensure that the money goes to the students it intends to help, and to hold education bureaucracies accountable for closing education gaps.

Criminal justice: California voters overwhelmingly approved Proposition 47 last November, which reclassified nonviolent drug and theft crimes that involve less than $950 as misdemeanors instead of felonies.

Under Proposition 47, an estimated 40,000 fewer Californians will be convicted of low-level felonies every year. Up to 1 million could have old nonviolent felony convictions wiped from their records, improving their prospects for jobs, housing and stability, and hundreds of millions of dollars in reduced prison costs could be shifted to drug prevention and treatment services.

It is crucial to take advantage of what the law offers. We need to fund effective outreach about the clean-slate provision to maximize its life-changing possibilities. And we must deliver a new approach to safety. Californians are done with prison-first justice. Putting Proposition 47′s prison savings toward treatment programs will double down on its effectiveness in terms of tax dollars spent and people’s lives remade.


WHY WE LOCK KIDS IN SOLITARY CONFINEMENT, AND WHAT IT DOES TO THEIR BRAINS

Dana Liebelson has an excellent longread for the January/February issue of Mother Jones Magazine, chronicling the history of solitary confinement in the US, and detailing the alarming effects isolation has on young developing brains, exacerbating existing mental illnesses, and even producing new ones. Here’s a clip, but we highly recommend reading the whole thing:

We now know…that new brain cells continue to develop in the hippocampus—a portion of the brain central to cognition and memory processing—throughout adulthood. When scientists began looking at animals kept in isolation, they discovered that they grew fewer new neurons than their nonisolated counterparts. That’s because isolation creates stress, and stress hormones inhibit neuron formation, which can result in harm to memory and learning. The effect is often more pronounced in juvenile animals, whose brains are undergoing rapid development. There “isn’t any question,” says Zachary Weil, an assistant professor of neuroscience at Ohio State University, that isolation is harmful to the brain and to overall health.

Last March, researchers from Brazil published a study in which they isolated adolescent marmosets, a kind of adorable South American monkey, in cages as small as two and a half feet across, and kept them from seeing or touching other monkeys. The animals soon grew anxious and spent less time on their usual grooming habits. Compared with controls, they exhibited “significantly” higher levels of the stress hormone cortisol and a steady drop in neuron production in the hippocampus—just one week in isolation decreased the observed number of new cells by more than one-third.

Ceylan Isgor, an associate biomedical science professor at Florida Atlantic University, has found that the effects of isolation on juvenile animals are “long-lasting.” As she explained it to me, the pruning of synapses—the connections between nerve cells—that occurs during adolescence and helps teenagers grow out of behaviors such as impulsiveness does not occur normally under conditions of extended isolation. Extrapolating from animal studies, she said, the results would suggest that kids already prone to breaking rules will become even more likely to act out: “You’re getting a whole different network.” And while the consequences may not be seen right away, they can pop up later as mental-illness symptoms or vulnerability to drug addiction. In other words, the way we often deal with messed-up kids in juvenile detention may increase the likelihood that they’ll reoffend down the road.

David Chura, whose 2010 book, I Don’t Wish Nobody to Have a Life Like Mine, chronicles the decade he spent teaching English to juveniles at the Westchester County Jail (an adult lockup in New York), has seen the effects of isolation firsthand. In 2004, the prison opened a new security housing unit, a.k.a. solitary wing. At first, it seemed like an improvement: The rooms, Chura recalled, were clean and quiet and “you could read or whatever.” But then his students began to deteriorate, rapidly and dramatically, and his teaching attempts fell apart: “The motivation for doing anything was lost.” Young men who used to fastidiously iron their orange uniforms stopped bathing. They became angrier and started acting out more. When they were allowed out of their cells into an adjacent recreation area—an empty room with a screen for fresh air—the kids would “plaster their faces against these screens and be yelling back and forth,” Chura told me, as though trying to prove, “I’m alive. I’m really still here.”

The class action suit in Ohio described a boy, “IJ,” who was 14 when he entered state custody in 2006. Grassian, by then retired from Harvard, was asked to review his records. When IJ first came into the system, Grassian testified, he was described as a “cooperative youth” who, despite his intellectual disabilities, didn’t require psychiatric drugs or mental-health services. But after a few years, and a lot of time spent in solitary, the teen was diagnosed with anti-social personality disorder and PTSD. Six years into his sentence, he was “seen as simply incorrigible…and a misogynist,” Grassian noted. He assaulted a staff member that year too. “I hated being in my room,” IJ testified. “It made me mad. It made my anger issues way worse.”


NYC CORRECTIONS SAYS NO MORE SOLITARY FOR RIKERS INMATES UNDER 21, BUT THERE ARE…PROBLEMS

Earlier this week, the New York City Board of Corrections unanimously voted to prohibit the use of solitary confinement for all inmates 21 and younger. The decision is particularly important for the young people housed in the notorious Rikers Island Jail.

But while the move is a huge step in the right direction, senior staff attorney at the New York Civil Liberties Union, Taylor Pendergrass, says formidable obstacles must be overcome in order for the ban to be successful. The first is obtaining sufficient funding.

The Marshall Project’s Clare Sestanovich has the story. Here’s a clip:

Taylor Pendergrass, a senior staff attorney at the NYCLU, who has worked on their federal lawsuit challenging New York state solitary practices, foresees two problems with implementation. The first is one that the Board of Corrections itself has identified: funding. In fact, the board literally underlined this contingency in their new regulations. The ban on solitary will only take effect, they wrote, “provided that sufficient resources are made available to the Department for necessary staffing and implementation of necessary alternative programming.”

Even if funding is secured, a bigger challenge awaits: how to manage such a drastic policy overhaul in a place where, as one former corrections official told The New Yorker, staff has become “severely addicted to solitary confinement.” If this addiction is as deeply rooted as many claim (and Commissioner Joseph Ponte has himself identified a “culture of excessive solitary confinement”) the new policy could face stiff resistance. “The piece that’s complicated and harder to get a sense of,” Kysel says, “is how much buy-in there will be from officers who are putting them in practice.”

But more than getting corrections officers on board, the key, according to Pendergrass, will be “making sure that [guards] have tools other than sending [inmates] to solitary as a knee-jerk response. I think it’s certainly true that if you just take away solitary confinement and replace it with something else, there’s a high risk that the policy will never be properly implemented, or even if it is implemented, you will have a regression back to punitive responses.”

Solitary confinement, he says, has been used as a blunt instrument to respond to a wide array of problems, ranging from mental illness to substance abuse to adolescent defiance, and poses real dangers to those assigned to maintain order. Pendergrass says a long-term solution will require “fragmenting the approach”; tailoring responses to inmates who act out based on their underlying problems. That, of course, requires complicated – not to mention expensive – training. The BOC’s new rule seems to anticipate this approach. It specifies that all staff who monitor punitive segregation units will be provided with training that “shall include, but shall not be limited to, recognition and understanding of mental illness and distress, effective communication skills, and conflict de-escalation techniques.”


WHERE LA STANDS ON THE ROAD TO REFORMING THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES

After months of delaying the implementation of foster care reform recommendations made by a blue ribbon commission, including the hiring of a child welfare czar, the LA County Board of Supervisors appear to be gaining momentum.

On Tuesday, the Supes voted to move forward with two important child welfare reform recommendations.

Like most of us, the transition team tasked with preparing the way for the new Office of Child Protection attributes the new energy, in part, to the arrival of two new board members determined to implement the commission’s reforms.

The Chronicle of Social Change’s Christie Renick reports that until now, the transition team has come up against resistance from members of the board, particularly Supervisor Don Knabe, who has opposed both the blue ribbon commission and the transition team as unnecessary bureaucracy. In addition, the transition team, once authorized to lend a hand in the hiring of the new czar, were subsequently excluded from the process.

Bolstered by the new activity from the Board of Supervisors, the transition team has set a list of priorities they intend to push in the coming months.

Here’s the opening paragraphs of Renick’s detailed report on the issue:

The transition team appointed to initiate sweeping child protection reform in Los Angeles met for the first time in 2015 this week, and seemed to embrace an optimistic attitude.

“A lot of times you wonder if this is going to be shelved, these recommendations, and what I’m seeing is that it’s alive and well, and we’re moving forward,” said Richard Martinez during the January 12 meeting. Martinez, who served on the Blue Ribbon Commission on Child Protection, is a member of the transition team and Superintendent of the Pomona Unified School District.

“It’s so exciting that we’re moving forward with this,” said transition team member Janet Teague at the January meeting.

The positive tone belies the team’s frustration over spending the past six months grinding out small wins while being sidelined from the highest priority of the reform process: hiring the person who will oversee it.

The transition team’s meetings – held in the cavernous and almost entirely empty Board of Supervisors’ meeting room in downtown L.A. – have produced some results, such as the expansion of the medical hubs where children and youth receive health screenings.

But fitful relations between the team and some of the county’s five supervisors have left team members and outside observers wondering what could have been if the board had given the deliberative body a stronger mandate.

“We have not yet had an easy communication with respect to the people we’re serving, the Board of Supervisors,” said transition team co-chair Leslie Gilbert-Lurie during a December meeting. “A transition team really is only useful if there is a desire to use us in terms of our expertise and our opinions.”

Hope for better relations comes in the form of two new board members, both of whom have voiced support for the reform process.

“We need reports back [from the transition team] more often,” said newly sworn in Supervisor Sheila Kuehl, during a recent Board of Supervisors’ meeting. “I think the public’s confidence in what we’re doing is very low. They haven’t seen us doing much and they don’t know that we will do much.”

Posted in DCFS, Foster Care, health care, immigration, juvenile justice, LA County Board of Supervisors, Mental Illness, racial justice, solitary | No Comments »

Sheriff McDonnell’s Thoughts One Month In….Jail Beating Victims Win $5M in Legal Fees….Ferguson Grand Juror Sues….and Foster Kids

January 7th, 2015 by Taylor Walker

LASD SHERIFF JIM MCDONNELL MAKES MEDIA ROUNDS, DISCUSSES DUAL-TRACK SYSTEM, OVERSIGHT, REPLACING JAIL

LA County Sheriff Jim McDonnell says he has his sights set on a plan that would keep new deputies from having to spend years working in jails before heading out on patrol. The aim would be to fill all jail positions within the next three years, so that patrol-seeking deputies would be able to skip or reduce the customary time spent learning the custody division (which can last up to seven years).

The LA Daily News’ Rick Orlov has the story. Here’s a clip:

McDonnell said the original intent of the system was to have deputies spend a year or two in the jails to allow them to learn about the custodial division.

But, over the years, that assignment grew to as long as seven years and has hurt recruitment, McDonnell said.

“Young people today are very sophisticated and they look at what the different departments offer,” McDonnell said. “They joined to be in patrol cars and help people. I don’t think you are helping recruitment when you send them to the jails for so long.”

The proposal to reduce use of new deputies in the jails was contained in a 2012 report by the Citizens Commission on Jail Violence, of which McDonnell was a member. The panel also recommended the use of custody assistants to help staff the jails and relieve the need for deputies.

Peter Eliasberg, legal director of the ACLU of Southern California, which has been critical of the jail system, said he supports McDonnell’s proposal.

“I always thought the claim that jails are the appropriate place to learn about bad people is not right,” Eliasberg said. “Patrol requires a different response and temperament than is needed in the jails.

Sheriff McDonnell, who was sworn in a little over a month ago, as part of a media circuit, spoke with KPCC’s Larry Mantle on AirTalk about the dual track recruiting system, as well as the fate of Men’s Central Jail, and civilian oversight.

LA Observed’s Kevin Roderick has a good round up of McDonnell’s other appearances.


OVER $5 MILLION IN LEGAL FEES AWARDED TO MEN’S CENTRAL JAIL IMNATES

A federal judge has awarded nearly $5.4 million in legal fees to five Men’s Central Jail inmates who say they were brutally beaten and tasered by deputies in 2008. (Read about the trial here.) This number is in addition to $950,000 in damages won by the inmates last year.

Legal director of the ACLU of Southern California, Peter Eliasberg, points out that the county could have avoided paying over $5 million in legal fees (more than $6 million of tax payers’ money) by settling for less $1 million.

The LA Times’ Cindy Chang has the story. Here are some clips:

The amount, approved by a federal judge last week, is unusually large for such cases and may encourage more attorneys to represent indigent plaintiffs who claim abuse by their jailers. It comes on top of $950,000 in damages that a federal jury awarded to the inmates after a trial last February.

Heriberto Rodriguez and the other inmates say that they suffered broken bones in beatings by sheriff’s deputies when they refused to leave their cells at Men’s Central Jail on Aug. 25, 2008. The county argued that deputies took the steps they felt were necessary after a riot broke out, with inmates setting fires and throwing porcelain shards from broken sinks.

In a Dec. 26 order, U.S. District Judge Consuelo Marshall accepted the winning attorneys’ assessment that they spent nearly 6,000 hours on the case at rates of up to $975 an hour. The attorneys said they had been willing to settle the case, including legal fees, for about $900,000, but the county refused.

Of the $950,000 jury award, $210,000 was for punitive damages and $9,500 will go to the inmates’ attorneys, in addition to the nearly $5.4 million in attorneys fees granted by the judge’s order.


GRAND JUROR, WANTING TO SPEAK OUT ABOUT DARREN WILSON CASE PROCEEDINGS, SUES COUNTY PROSECUTOR

An unnamed member of the grand jury that chose not to indict Ferguson police officer Darren Wilson in the killing of Michael Brown, is now suing the St. Louis County prosecutor, Robert McCulloch, seeking to negate a gag order prohibiting grand jurors from speaking about the case. Normally, grand jurors who discuss cases face misdemeanor charges, but the lawsuit filed Monday by the ACLU of Missouri, says the unusual proceedings (which included sharing all evidence with the grand jury instead of recommending a charge), warrants permitting the juror to speak. The lawsuit says that the presumption that the grand jury’s decision was unanimous is inaccurate, as is other information shared with the public about the proceedings.

On Monday, in a letter to St. Louis Circuit Judge Maura McShane, the NAACP requested that a new grand jury be convened to reconsider charges against Darren Wilson. The group also asked for an investigation into the grand jury proceedings and McCulloch’s actions.

St. Louis Public Radio’s Chris McDaniel has the story. Here’s a clip:

“In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges,” the lawsuit says. (A grand jury’s decision does not have to be unanimous.)

“Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with [Doe]’s own,” the lawsuit continued. “From [the grand juror]’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury.” Doe also believes the legal standards were conveyed in a “muddled” and “untimely” manner to the grand jury.

In the lawsuit filed Monday in federal court, the American Civil Liberties Union of Missouri argues that this case is unique and that the usual reasons for requiring the jurors to maintain secrecy should not apply.

In this specific case, “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment,” the lawsuit says, adding that allowing the juror to speak would contribute to a discussion on race in America.

As the grand juror points out in the lawsuit, the Wilson case was handled in a very different manner than other grand juries. Instead of recommending a charge, McCulloch’s office presented thousands of pages worth of evidence and testimony before the grand jury. At one point, McCulloch’s spokesman characterized the grand jury as co-investigators.

CBS News has more on the NAACP requests.


A LOOK INTO THE LIVES OF DRUGGED FOSTER KIDS

In the fifth installment of Karen de Sá’s important investigative series for the San Jose Mercury, a video documentary gives us a more intimate look at the young lives affected by the unchecked overuse of psychotropic medications to treat California’s foster kids.

Watch it here, especially if you missed any of the previous installments (which can all be accessed via the same link).


IMPROVING FOSTER KIDS’ HIGHER EDUCATION OUTCOMES

When foster kids age out of the system, the odds are invariably stacked against them. They often leave their foster homes with little or no money, support, or tools to prepare them for college or adult life. (A 2011 study by the Hilton Foundation found that only 2% of the 2,388 LA County former foster youth tracked by researchers received an associate’s degree.)

A growing number of states are working to help level the playing field for former foster kids by offering college tuition waivers and educational support programs. While California does have cross-agency collaborative support systems in place, the state does not offer tuition waivers to aged-out foster kids.

NPR’s Jennifer Guerra discusses this issue on All Things Considered. Take a listen, but here’s a clip from the accompanying story:

By the time she aged out of foster care, Jasmine Uqdah had spent nearly half her life in the system. On a summer day in 2008, Uqdah grabbed her duffel bag and two small garbage bags, and she stuffed everything she owned inside.

It wasn’t much — just some clothes and a few stuffed animals. She said her goodbyes to her foster family in Detroit and moved out. She was 18 years old.

“It was pretty scary, to be honest,” she says. “Every 18- and 19-year-old thinks they’re ready, but you’re not. You’re not ready for shutoff notices. You’re not ready for eviction notices. You’re not ready for car repossessions.”

Uqdah was one of the more than 20,000 young people who age out of foster care in the U.S. every year. For most, the outcomes aren’t great. They’re heading out into the world with next to nothing — no family, no money, no support.

Roughly half drop out of high school, and few of those who do make it to college graduate. One study, which was conducted by researchers at the University of Chicago, found that only 2.5 percent of former foster children in the Midwest had graduated from college by age 26.

Some states like Michigan are trying to bring that success rate way up, finding the money and other support needed to give young people like Jasmine Uqdah a fair shot at success.

AND WHILE WE’RE ON THE SUBJECT…

An LA Times editorial urges the LA County Board of Supervisors to regain lost momentum toward implementing foster care reform recommendations (approved last April) and appointing a child welfare czar. (Find the backstory here.) Here’s a clip:

In response to a social worker strike, rather than the blue-ribbon commission report or the urging of the CEO, the board last year allocated funding for additional social workers, which should translate into more manageable caseloads. DCFS adopted a stronger training program. These are positive steps. But the county also needs someone to focus the attention of numerous government agencies on child protection without running afoul of the board.

In the end, if the supervisors are to protect children from abuse and neglect, they must also grapple with the more prosaic issue of how to successfully run a bureaucracy.

Attempts at plea bargains with Gabriel Fernandez’s mother and her boyfriend have so far failed, and the two defendants could very well go to trial this year. The supervisors would be wise to remember the young victim’s plight now, and ensure that the reform efforts are well underway when the news stories once again focus on the horrors that the young boy endured and the county’s failure to protect him.

Posted in ACLU, DCFS, Foster Care, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD | 26 Comments »

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