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Women and Reentry, Obama Supports Smarter Sentencing Act, Former 3rd-Strikers Stay Out of Prison…and More

February 27th, 2015 by Taylor Walker

A NEW WAY OF LIFE: HELPING WOMEN ON THE OUTSIDE

in a story for Cosmopolitan, Jean Friedman-Rudovsky takes a look at how critical reentry programs are to combatting the nation’s sky-high recidivism rates, with a particular focus on women.

If they are lucky, when women are released from prison (and jail), they will be connected with services and programs to help them successfully reenter their communities. And while reentry and rehabilitation offerings are growing, the majority of women leaving prison still don’t receive the help they need to make it on the outside. More than half of women return to prison within five years.

In South Central LA, one sober-living transitional housing program,a New Way of Life (ANWOL), has an 80% success rate, and has helped more than 750 women reintegrate, go back to school, find jobs, stay sober, and navigate the piles of treatments and classes and meetings with their probation and parole officers.

ANWOL’s founder, Susan Burton, has a personal knowledge of prison’s revolving door, having cycled in and out of lock-up herself for 15 years.

Here are some clips from Friedman-Rudovsky’s story:

Tiffany Johnson felt excited, scared, and a little incredulous on the day she was released from Central California Women’s Facility, the largest women’s prison in the world. She’d done 16 years of her life sentence, which she got for killing her mother’s boyfriend — the man she says raped her every day from age 5 to age 10. As Tiffany exited the prison gates, two thoughts ran through her mind: “I can’t believe this is happening” and “It’s a trick.”

A few hours later, the mixed emotions distilled into fear. “I tried to take a shower,” recalled Tiffany of that April 2010 night. She turned on the water, but it came out from the tub faucet below and she couldn’t figure out how to get it to flow from above. “I cried and cried,” she said. “I felt like if this is a problem, just turning on a shower, what else am I going to run into? What other struggles am I going to have?”

The list began with the mundane, like learning to use a cell phone and getting used to closing a door herself to be alone in a room. Then there were real challenges. As a felon, she was banned from most low-income housing, and finding a job seemed near impossible. In prison she had become an expert electrician, supervising and training the other women in her penitentiary’s electrical sector. Yet every time she applied for a job, she had to check a box admitting her criminal history and never even got interviews. She finally contacted the electronic company her prison subcontractor supplied, figuring they’d give her a chance. “They didn’t,” Tiffany, now 46, said, rolling her eyes. “I served my time and I was out. But it didn’t matter. It’s like I was still serving a life sentence.”

[SNIP]

“Effective reentry programs are the exception to the rule in terms of women’s transitions back into society,” said Marc Mauer, executive director of The Sentencing Project, a D.C.-based criminal justice research and advocacy organization. Hundreds of these programs have sprouted up over the years, but the supply is not nearly enough to deal with the demand, and few prison systems have adequate prerelease programs that inform women about their options. Though prisoners’ rights advocates hold prerelease seminars when they can, often inmates are left to find out about these services through word of mouth or chance. Tiffany learned about ANWOL from an offhand comment by a member of her parole board.

Though no one keeps track of the exact number of people released into reentry programs in the U.S., experts say the vast majority of newly released people land on their own and on the street. Women face all the challenges men do, plus added pitfalls, including limited job options, specialized housing needs, and social stigma. “Compared to 20 years ago, we have a greater understanding and concern about the situation for women,” Mauer said. But, he added, there’s a long way to go.

[SNIP]

Most parole and probation arrangements demand regular compliance checks, drug tests, limited contact with possible co-conspirators, restrictions on travel, group meetings, and frequent in-person reporting, on top of finding a job and place to live. “Who knows where she slept last night and you’re asking her to do all this?” said Evelyn Ayala, ANWOL’s case manager supervisor. “Disaster waiting to happen.”

Release practices are just part of the problem, Mauer of the Sentencing Project said. “Almost all our correctional systems say they are committed to reentry,” he said, “but the scale of what they do in practice is often pretty modest.” The trouble, he explained, is twofold: not enough programming to prepare women (or men) before they are released and the availability of services once they get out.

“When you get listed on parole, they are supposed to tell you everything that is available to you,” Tiffany said. “They don’t tell you all that. They just inform you that you have the right to get assistance from the parole agent.”


OBAMA BACKS SMARTER SENTENCING ACT TO CUT MANDATORY MINIMUM DRUG SENTENCES

President Barack Obama says he wants the bipartisan Smarter Sentencing Act to pass. (If you’re unfamiliar, the proposed legislation, sponsored by Rep. Raul Labrador, R-Idaho, would cut certain mandatory minimum sentences for non-violent drug offenses in half.)

Obama expressed his support of the bill at a meeting with members of Congress to discuss ways to fix the nation’s broken criminal justice system.

USA Today’s Gregory Korte has more on the issue. Here’s a clip:

White House spokesman Frank Benenati said Wednesday that the White House is still reviewing the text of the legislation, but that “it certainly appears” that the Labrador proposal meshes with the president’s aims to “make our communities safer, treat individuals more justly and allow more efficient use of enforcement resources.”

Obama has signaled his support for sentencing changes as recently as Monday, when he praised governors who had signed similar bills at a White House dinner.

“Last year was the first time in 40 years that the federal incarceration rate and the crime rate went down at the same time,” Obama said. “Let’s keep that progress going, and reform our criminal justice system in ways that protect our citizens and serves us all.”

Labrador said that’s an important point for Obama to make. “The main obstacle is the perception that sentencing reform will lead to more crime. And I think the opposite is true,” he said. “The concern is that we want to continue to be tough on crime, but we want to be smart on crime.”

[SNIP]

“There’s a profound zeitgeist. There’s nothing as powerful as an idea whose time has come,” Booker said. “Well, this idea is coming and that power I think is gonna push something good through Congress.”


ONLY 4.7% OF CA’S FREED THIRD-STRIKERS RETURNED TO PRISON…10 TIMES HIGHER SUCCESS RATE THAN THE REST OF CA PRISONERS

Since the 2012 passage of Prop 36 (the Three Strikes Reform Act), more than 2000 inmates serving life-sentences for low-level “third-strike” offenses have been resentenced and released in California.

An average of 18 months after being freed, only 4.7% of former third-strikers are locked up again for new crimes, compared with the rest of California’s prison population, which has a recidivism rate of about 45% a year and a half after release. And when third-strikers return to lock-up, it is most often for a drug or burglary offenses.

Erik Eckholm, in today’s front-page NY Times story has more on the former lifers and why they are triumphing over the statistics. Here’s how it opens:

William Taylor III, once a lifer in state prison for two robbery convictions and the intent to sell a small packet of heroin, was savoring a moment he had scarcely dared to imagine: his first day alone, in a place of his own.

“I love the apartment,” he said of the subsidized downtown studio, which could barely contain the double bed he insisted on having. “And I love that I’m free after 18 years of being controlled.”

“My window has blinds, and I can open and close them!” he exclaimed to visitors the other day, reveling in an unaccustomed, and sometimes scary, sense of autonomy.

Mr. Taylor, 58, is one of more than 2,000 former inmates who were serving life terms under California’s three-strikes law, but who were freed early after voters scaled it back in 2012. Under the original law, repeat offenders received life sentences, with no possibility of parole for at least 25 years, even if the third felony was as minor as shoplifting.

Formerly branded career criminals, those released over the last two years have returned to crime at a remarkably low rate — partly because they aged in prison, experts say, and participation in crime declines steadily after age 25, but also because of the intense practical aid and counseling many have received. And California’s experience with the release of these inmates provides one way forward as the country considers how to reduce incarceration without increasing crime.

“I hope the enduring lesson is that all of these people are not hopeless recidivists,” said Michael Romano, director of the Three Strikes Project at Stanford Law School, which provides legal aid to prisoners and training to public defenders.


FREE MINDS INSPIRES TEENS BEHIND BARS, AND HELPS THEM ACHIEVE THEIR DREAMS ONCE RELEASED

In Washington DC, a non-profit jail book club, Free Minds, uses poetry as an emotional and creative outlet for teens behind bars, and provides them with a support system of reentry services and fellow alumni to keep each other on track and motivated (and to eat pancakes and share poetry with) once they are released. We’ve covered the healing power of poetry before: here, and here.)

The Washington Post’s Robert Samuels has more on the program, and the teens and young men who benefit from it. Here’s a clip:

…they stick together. The support system that strengthened them then is the one they are counting on to help them now that they’re out. The unlikely community has become an unlikely lifeline, as they try to defy the patterns that send ex-offenders back to jail.

They fall into a high-risk category: Juveniles tried as adults are 34 percent more likely than youth tried as juveniles to return to prison, according to a 2007 report from the Centers for Disease Control and Prevention.

The alumni of the book club have no interest in becoming part of this statistic. So they work together to create goals. They applaud when someone meets his goal, such as when Barksdale got a job working full time as a city maintenance worker. They share job leads and work out together and meet up for pancakes.

They particularly like to lead writing workshops, which is why they are at this English class on a January day.

Barksdale recites a poem he wrote in his sixth year of prison, at 22:

“The things we took up are guns, knives and bats, yeah, we be armed and strong

But how do you know it’s not right if you’re being taught wrong?”

Read more poetry from the young men of Free Minds, here. And go over to the Washington Post to watch participants share their poetry.


BOOSTS TO ARTS EDUCATION IN LA, INCLUDING PARTNERSHIPS WITH COMMUNITY ARTS PROGRAMS

The Los Angeles Unified School district is seeking to re-establish community arts education partnerships (once spurned) to bring art back into classrooms. The school district is also developing a formula to allocate arts funds more appropriately to schools and that need it most.

KPCC’s Mary Plummer has more on the issue. Here’s a clip:

Pullens lauded the district’s recent announcement clearing the way for arts funding for low-income students, and pointed to new allocations this year that helped some of the district’s schools purchase items like art supplies.

He also said the district is working on a school survey to create an arts equity index that will change the way the district allocates arts funds. The index would measure how well schools are providing arts instruction and arts access to students. Originally planned for release last year, the index is now expected next month.

But Pullens also painted a grim picture of the district’s current arts offerings. He said about a third of the district’s middle schools currently offer little or no exposure to the arts. Some of the district’s students can go through both elementary and middle school without taking a single arts class, he said. Because of gaps in arts instruction, students who start learning an instrument in elementary school, for example, might not have classes to continue music study in their middle or high schools.

Posted in Homelessness, LAUSD, Obama, prison, Reentry | No Comments »

New Bureau of Children’s Justice, the CORRECTIONS Act, $8.3M for Wrongful Death in Jail, and Jefferson High Scheduling Update

February 13th, 2015 by Taylor Walker

NEW CALIFORNIA DOJ BUREAU TO TACKLE CHILDHOOD TRAUMA, SEX TRAFFICKING, AND OTHER ISSUES FOSTER KIDS FACE

On Thursday, California Attorney General Kamala Harris announced the launch of the Bureau of Children’s Justice.

The bureau will target childhood trauma, juvenile justice, sex trafficking, truancy (and other education issues), with a particular emphasis on kids in foster care.

In a letter sent to officials in each California county, the attorney general announced the new bureau and passed along a list of the rights of foster kids, and a reminder of their duty to protect those rights.

The CA Department of Justice was also selected (one of only three state departments) to participate in the Defending Childhood initiative, a federal effort targeting childhood trauma from exposure to violence.

Here’s a clip from AG Harris’ announcement:

The Bureau will enforce criminal and civil laws to hold those who prey on children accountable; work with a range of local, state, and national stakeholders to increase support for vulnerable children to prevent bad outcomes; and identify and pursue improvements to policies impacting children.

“We simply cannot let down our most vulnerable children today, then lock them up tomorrow and act surprised,” said Attorney General Harris. “The Bureau of Children’s Justice will continue our smart on crime approach by addressing the root causes of crime, including our broken foster care system, and making certain that California’s children receive full protection under the law and equal opportunities to succeed. One of the Bureau’s first orders of business will be to look at enforcement gaps in the foster care system and ensure that government agencies are held accountable to those entrusted in their care.”

[SNIP]

Attorney General Harris also announced that the California Department of Justice was one of just three state agencies accepted by the U.S. Department of Justice to be part of its national Defending Childhood Initiative. Through this initiative, California will work to improve outcomes for children exposed to trauma by ensuring that at-risk children are screened for exposure to violence at school, when they visit a pediatrician, or when they become involved with child welfare and juvenile justice systems.

“I commend Attorney General Harris for taking this important step to protect the youngest and most vulnerable Californians,” said Dr. Robert K. Ross, President and CEO, The California Endowment. “The Bureau of Children’s Justice will watch over our state’s legal system and guarantee greater protection for our children, safeguarding their physical, social and emotional health and helping to ensure that everyone has the opportunity to grow up healthy and safe.”

And here’s who will run the bureau:

The Bureau will be staffed by attorneys and experts on legal issues impacting children, including civil rights, education, consumer protection, nonprofit charities, child welfare, privacy and identity theft, fraud, and human trafficking.


FED. CRIMINAL JUSTICE REFORM BILL WITH BEST CHANCE OF PASSING IS UNFAIR TO MINORITIES, BUT BETTER THAN NOTHING

The CORRECTIONS Act, introduced Tuesday by Senators John Cornyn (R-TX) and Sheldon Whitehouse (D-RI), would allow federal inmates viewed as low-risk to take part in education programs and prison jobs that would take time off their sentences. The problem is that, because of who the bill excludes and how risk-assessment tools decide how much time to shave off, it will likely mostly help white people and people doing time for white-collar crimes.

While it seemed that the bipartisan criminal justice reform would have big potential during the 114th Congress, CORRECTIONS may be the only criminal justice reform bill that has a chance of making it through Congress and past the Senate Judiciary Committee and it’s non-prison-reform-minded chairman Sen. Chuck Grassley (R-IA).

Vox’s Dara Lind explains the bill’s exclusions and risk assessment, and why the CORRECTIONS Act will disproportionately serve white people. Here are some clips:

The bill excludes any inmate with a “criminal history” that places them in the highest category under the federal sentencing guidelines. The problem is that someone gets placed in that category automatically if they’re labeled a “career offender,” which just means three convictions at either the state or federal level for drug or violent crimes. Most “career offenders,” according to the US Sentencing Commission, are African Americans — simply because it’s easier to arrest and prosecute them for “offenses that take place in open-air drug markets, which are most often found in impoverished minority neighborhoods… [This] suggests that African-Americans have a higher risk of conviction for a drug trafficking crime than do similar White drug traffickers.” In 2000, 69 percent of newly-sentenced “career offenders” were black. (Interestingly, only 17 percent were Hispanic.)

[SNIP]

Anyone convicted of participating in a “continuing criminal enterprise.” This is another label that’s typically applied to drug offenders — anyone who’s an “organizer, supervisor or manager” of a group of five or more people dealing drugs can be hit with a conviction for a “career criminal enterprise.” The statute isn’t used that often — only 239 people were convicted under it from 2006 to 2013, according to data from the US Sentencing Commission. But 77 percent of the time, it was used against black or Hispanic defendants.

[SNIP]

…how does the government determine how likely someone is to recidivate? The bill tells the federal government to come up with a risk assessment tool. These tests are used in several states and in federal court to figure out how best to manage an inmate’s case — or to determine whether someone should be put on probation instead of prison to begin with. But most states shy away from using them to determine the length of an inmate’s sentence.

And there’s a reason for that. Some of the factors used to determine recidivism risk are “dynamic” — they’re factors that an individual can change over time. But others are “static” factors: they say more about the environment where an inmate lives, or where he grew up, than about his own behavior.

One of the major risk-assessment tools treats drug use, low education level, and frequent changes in residence as factors that put someone at higher risk to recidivate. Even factors that look fair on the face of it, like the age an inmate was when he was arrested for the first time, can just mean that the inmate lived in a neighborhood where teenagers (or younger) were under police suspicion.


RECORD-BREAKING WRONGFUL DEATH SETTLEMENT FOR INMATE WHO DIED AFTER BEING TASERED DURING ALCOHOL WITHDRAWALS

The Alameda County Board of Supervisors and a jail health care company will pay $8.3 million to the children of Martin Harrison, an Alameda County inmate who died after being tasered by ten deputies. The sum sets the record for the largest wrongful death settlement in a civil rights case in state history, according to the Harrison family’s attorneys. A separate $1 million was awarded to one of Harrison’s kids who was still a minor.

The family’s attorneys said that although Harrison informed the LVN that he had a history of alcohol withdrawal, he died during the violent encounter with deputies while suffering from severe alcohol withdrawal.

Harrison was stopped for jaywalking and arrested for failing to appear for his DUI court date.

As part of the settlement, the for-profit Corazon Health, Inc. will change the practice of hiring Licensed Vocational Nurses instead of Registered Nurses (as state law requires) to perform inmate medical intakes.

Contra Costa Times’ Malaika Fraley has the story. Here’s a clip:

Harrison, 50, died in August 2010 two days after be was beaten and Tased by 10 deputies at the Santa Rita Jail. His children’s attorneys say Harrison was hallucinating from a severe form of alcohol withdrawal known as delirium tremens for which he should have been hospitalized, and he never fought back. He was in jail on a warrant for failing to appear in court in a DUI case after being arrested for jaywalking.

Corizon is one of the largest for-profit correctional health care providers in the country and holds a $210 million contract to provide health care services in Alameda County’s Santa Rita and Glenn Dyer jails. Under state law, the company is required to have registered nurses (RNs) assess inmates upon intake, but Harrison’s medical screening was done by an unsupervised licensed vocational nurse (LVN), Sherwin said.

“If the deputies had been trained, and if Corizon had had an RN instead of an LVN do the intake medical assessment then we all would not be here today,” Sherwin said at a news conference attended by Harrison’s family.

Corizon Health said that Harrison did not alert the LVN that he had a history of alcohol withdrawal, while the plaintiff’s attorneys said that he did.

(Alameda is another municipality that might want to enter the MacArthur Safety and Justice Challenge.)


PROGRESS MADE TOWARD FIXING JEFFERSON HIGH’S SCHEDULING CRISIS

Last October, an Alameda County Superior Court judge issued a Temporary Restraining Order demanding the California Department of Education help the LAUSD fix scheduling issues at LA’s Thomas Jefferson High School that gave kids filler classes and sent them home early, throwing many off the track to graduation.

Four months later, repairs have been made to the data system, more teachers have been hired, classes have been added, and the number of students in the inaccurate or non-instructive classes has dropped. But there is still much to be done.

Adolpho Guzman-Lopez has a welcome update on the Jefferson scheduling debacle. Here’s a clip:

Castillo was one of 150 students who were enrolled at the start of the school year in “home” periods, meaning they were sent home early. Others were assigned “service” periods where students helped as aides in offices and classrooms, but received no academic instruction. Students were enrolled in non-academic classes because the school didn’t have courses that they hadn’t already taken.

Other students spent weeks in the school’s auditorium, cafeteria and library waiting for their schedules to be fixed. Advanced Placement classes were all scheduled at the same time, limiting students’ ability to take higher level courses. Teachers began taking attendance by hand.

The litany of MiSiS-related problems went on for weeks.

At one point Jefferson students, fed up with the situation, staged a peaceful on-campus protest.

[SNIP]

David Sapp, a lawyer for the students who sued to fix the problems, is happy with the improvements at Jefferson, but not with the way the school was forced to make changes.

“We shouldn’t put the burden on students to go out and find lawyers to have to go and get a court order to fix this,” he said.

Not all of the school’s problems are solved. Foote says 90 students are still sent home early because of scheduling problems. As of last month L.A. Unified reported that MiSiS continued to have problems accurately counting English learner students and giving parents access to their child’s data and not other students.

Posted in Department of Justice, Education, Foster Care, juvenile justice, Kamala Harris, LAUSD, racial justice, Trauma | 3 Comments »

Independent Investigations into Police-Killings, Restorative Justice in LA, Broken City Poets, and Streetcraft LA

January 12th, 2015 by Taylor Walker

STATES WEIGH ESTABLISHING OUTSIDE INVESTIGATION OF POLICE-INVOLVED DEATHS

Several states, including California, are considering legislative measures that would require outside investigation of killings by police officers, which are ordinarily investigated by the local District Attorney’s office. In the wake of non-indictments for the deaths of Michael Brown and Eric Garner, there is rising concern that the connections between county district attorneys and law enforcement agencies may create a conflict of interest.

If passed, the California bill, authored by Assemblymember Kevin McCarty (D-Sacramento), would transfer the investigation to a state Department of Justice panel that would then issue a recommendation to the local DA’s office as well as the California Attorney General. (Read more about the bill, which is still in its early stages, on Assemblymember McCarty’s website.)

New Jersey, Missouri, Colorado, and New York are all also looking into taking these particular investigation responsibilities out of the hands of district attorneys, following in the footsteps of Wisconsin where an independent panel must review officer-involved deaths.

But reactions to such legislation are mixed.

The Wall Street Journal’s Zusha Elinson has more on this interesting and complex issue. Here are some clips:

Maki Haberfeld, professor and chairwoman of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice in New York, said that such changes don’t get at the real issues involved in American policing and use of force.

“Political decisions are based on how little I can pay to satisfy people: ‘Let me create a new entity and I will call it the special prosecutor or whatever,’ ” she said. “That’s a reactive approach, not proactive: There is a need to invest in recruitment, selection and training and then we will have less need for investigations.”

[SNIP]

William Johnson, executive director of the National Association of Police Organizations, said there is no need to pass laws such as the one in Wisconsin. “I think it would be better to have a common-sense approach and utilize outside agencies on an as-needed basis,” he said.

But Jim Bueermann, a former Redlands, Calif., police chief who heads a research organization called the Police Foundation, believes more states will follow Wisconsin.

“I just don’t see that it would be overly problematic for most police departments,” he said. “Best practices would indicate that you wouldn’t investigate yourself in criminal investigations.”

But Mr. Bueermann said that a balance must be struck, arguing that too much scrutiny of split-second decisions can have consequences on the streets. “When police feel they are being judged inappropriately or too harshly, there is a phenomenon called ‘de-policing’ and they stop being proactive and become entirely reactive,” he said.


RESTORATIVE JUSTICE TRANSFORMING LOS ANGELES SCHOOLS

As the restorative justice school discipline model spreads to school districts across the nation, suspension numbers are rapidly shrinking. Last year, in Los Angeles, suspensions were down 89% from five years ago, thanks, in part, to swapping out harsh zero-tolerance policies, and engaging students, their peers, and teachers in conflict resolution activities. And in 2013, the Los Angeles Unified School District mandated that all schools adopt the restorative justice system by 2020.

The AP’s Christine Armario tells the story of Augustus Hawkins High School in South LA, which was built in 2012, and has experienced a dramatic discipline turnaround in just a few short years. Here’s a clip:

In the last three years, Marcquees Banks has been taken out of class twice and sent to another school for getting into fights.

The third time he got into a scuffle, something different happened: A counselor at Augustus Hawkins High School in South Los Angeles pulled Banks and the other teen aside and told them they needed to talk.

Seated face to face, Joseph Luciani asked them to explain why they’d fought and how they felt — part of the school’s new approach to discipline that is catching on in urban districts and focuses more on students working out their differences with counselors than suspensions.

“I realized we had a lot of similarities,” said Banks, 17, who said his father is involved in a gang and his mother jobless.


YOUNG “BROKEN CITY POETS” USE POETRY AND JOURNALISM TO MAKE SENSE OF LIFE IN BANKRUPT STOCKTON, CA

The Center for Investigative Reporting and Youth Speaks (a non-profit that helps kids in SF and around the world find their voices through spoken-word poetry) together commissioned Bay Area slam poet and activist, Josh Merchant, to teach workshops mixing poetry and investigative journalism to Stockton kids.

The goal was to help kids find and use their voices to cope with issues in their struggling city. We encourage you to watch the resulting documentary, Broken City Poets (above), in its entirety.


DIVERTING LA TEENS FROM TAGGING INTO A SAFE SPACE FOR ART AND ENTREPRENEURIAL DEVELOPMENT

The Santa Monica non-profit, Streetcraft LA, redirects gifted young taggers from the streets, teaching them how to channel their talents to earn an income—selling their designs on clothing, wall art, and other merchandise. Streetcraft LA has provided a positive and profitable outlet to around 75 Los Angeles kids, who are either at risk or have spent time behind bars for tagging.

KPCC’s Adrian Florido has the story. Here are some clips:

Bobby Rodriguez started tagging when he was 13, spray painting illegal graffiti art from San Pedro to San Bernardino. Life in that world led to other illicit activity and several arrests…

Today, at 25, Rodriguez is an aspiring commercial artist, thanks in part to the efforts of a Santa Monica-based nonprofit called Streetcraft L.A.

Streetcraft co-founder Jonathan Mooney calls it a social venture, designed to show talented but troubled kids like Rodriguez that their art can be a source of legitimate income.

“There’s this misconception that graffiti is gang related,” Mooney said, adding that most is not. “It’s often creative young people who don’t have a different channel for their creativity.”

[SNIP]

In the two years since Streetcraft was founded, about 75 young artists have taken its classes, though the organization doesn’t track how many kids give up illegal tagging after going through its program.

Streetcraft co-founder Mooney said the nonprofit is also working to become something of a diversion program for kids arrested for graffiti.

“We have begun the process of building a relationship with folks in the juvenile justice system to see Streetcraft as a way to perhaps give a kid a second chance to apply that creativity in a different way,” he said.

Posted in journalism, juvenile justice, LAUSD, law enforcement, Prosecutors, Restorative Justice, writers and writing, Zero Tolerance and School Discipline | No Comments »

LA County Supes Say YES to Civilian Commission to Oversee Sheriff’s Department (Updated)…Convictions That Aren’t…Racial Inequity….Bad School Data…& Torture

December 10th, 2014 by Celeste Fremon


With a 3-2 vote, the LA County Board of Supervisors passed the motion introduced by Supervisors Mark Ridley-Thomas and Hilda Solis
to create a civilian commission to oversee the Los Angeles Sheriff’s Department. Supervisor Sheila Kuehl was the third, and very emphatic vote in favor of the oversight commission’s creation.

Ridley-Thomas first proposed a civilian oversight body back in the fall of 2012, after the Citizens Commission on Jail Violence delivered their highly critical report on the brutal conditions in the LA County jail system and the LASD leadership that the CCJV said allowed such conditions to continue to exist year after year.

Until now, the votes were not there for the idea. But following the arrival on the board of Solis and Kuehl, all at once a majority was onboard for a civilian commission.

“The people of Los Angeles have demanded a new day by electing a new sheriff,” said Solis. “…Under the new leadership, we have a chance to restore trust in the county. This is not just a morally right answer,” she added, “it is fiscally prudent. Taxpayer money spent defending lawsuits is money that can’t go to improving the lives of our constituents….”

Supervisor Mike Antonovich disagreed. “The darkest days within the sheriff’s department in recent experience…,” he said, came about “during a time when it had the most amount of external oversight.” Then he ticked off the oversight entities of the recent past: the Office of Independent Review, Special Counsel Merrick Bobb, the county ombudsman, and the court-ordered jail monitors of the ACLU. Thus Antonovich favored “a single watchdog entity” that would “streamline and strengthen civilian oversight”—namely the inspector general.

Tuesday’s vote took place just a little after the 1 pm hour, after a long and impassioned segment of public comment. Prior to the vote, LASD Undersheriff Neal Tyler read a letter from Sheriff Jim McDonnell giving strong support to the motion. The letter said, among other things that “… partnerships with our community should be embraced, not feared.”(At the time of the vote, McDonnell was at a long-scheduled meeting of the California State Sheriff’s Association.)

Interestingly, LASD Inspector General Max Huntsman also spoke positively about the idea of community oversight.

In the end, the motion to create the civilian commission was divided into three parts. Part one was the approval of the civilian oversight body. Part two was to cause the creation of a working group to hash out what the new commission would look like, what its mandate and its powers would be, and so on. And part three was the request of a report from County Counsel having to do with issues such as the correct legal language necessary to create the civilian group.

This partitioning of the motion was at the suggestion of Supervisor Mike Antonovich who wanted to vote for the working group, and the County Counsel’s report, but against the commission.

Bottom line: The creation of a civilian oversight body passed 3-2, with Antonovich and Supervisor Don Knabe both voting no—at least for the time being. The creation of the working group, solely, passed with a unanimous vote, as did the request for a report from the county’s lawyers.

And so it was that, after more than two years of discussion, civilian oversight of the county’s long-troubled sheriff’s department will soon be a reality.


THE DEVIL & THE DETAILS

The devil will, of course, be in the details.

Among those devils and details will be the make-up of the commission, the degree of access it will have to LASD information and what, if any, legal power it will have.

In his letter to the board of supervisors, Sheriff McDonnell was actually quite specific in his suggestions as to what kind of commission members he envisioned, and how many commissioners there ought to be. (He figured 7 to 9 commissioners, to be exact.)

As to whom they ought to be, McDonnell thought the commission should made up of volunteers, not paid employees. They should be “…highly regarded and esteemed members of the community, committed to public service on this body in an unpaid and part-time capacity (similar to how CCJV functioned). The structure should also include not simply individuals appointed by the Board of Supervisors, but also others selected by other appointing authorities….”

When IG Huntsman spoke he also had a number of suggestions. He stressed that, if oversight was to mean anything, it was essential that he and, by extension any commission he reported to, must have maximum access to information.

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

Huntsman said it was his understanding that there was a way to accomplish this access and still respect the restrictions of the Peace Officers Bill of Rights.

As for the question of whether or not the soon-to-be created civilian commission could or should have any legal power, Huntsman was unconcerned.

“There are lots of commissions that have legal authority,” he said, “and those who don’t have legal authority, and that doesn’t really control how effective they are.” A commission’s effectiveness had more to do about “whether or not what they have to say is welcomed by the department, whether or not the department interacts with them, and whether or not they speak in a language the department understands.”



AND IN OTHER NEWS….

NEVER CONVICTED OF A CRIME BUT HELD BACK BY A CRIMINAL RECORD

It’s bad enough that significant percentages of job-seeking Americans are hampered in finding employment for which they are otherwise qualified by criminal records. This story by Brendan Lynch writing for TalkPoverty tells how yet another slice of U.S. job hunters faces the same barriers even without criminal convictions.

Here’s how the story opens:

Tyrae T. and N.R. needed what any thirtysomething American without regular income needs: a well-paying job. They were both ready and eager for work, yet both were turned down for numerous entry-level positions they were qualified for. The reason? Criminal records. Tyrae and N.R. have never been convicted of any crimes, but they face a problem that afflicts millions of low-income Americans: arrests without conviction that are improperly used as grounds to deny employment.

Job applicants with criminal records, especially men of color, face a high hurdle to employment. Studies have shown that black men without criminal records get callbacks for job interviews at rates below those of white men with criminal records; and for a black man with a record, the callback rate is almost negligible.

Arrests that never led to conviction shouldn’t affect employment—innocent until proven guilty is a fundamental principle of American justice, after all. Because there is a presumption that arrests without convictions don’t hinder employment opportunities, this issue has received far less media and political attention than the employment obstacles created by past convictions. But the fact is that when it comes to getting jobs, a mere arrest can be just as bad as a conviction for millions of people like Tyrae and N.R.

Many companies conduct pre-employment background checks using FBI rap sheets, which are notoriously hard to read: employers often can’t discern whether the charges resulted in conviction, were withdrawn, or dismissed.

State-level databases can be equally confusing. In Pennsylvania, if an item turns up when an employer runs a background check through the state police, the system immediately responds with a generic code, indicating that details will follow within four weeks. If someone only has arrests on his record, the report eventually comes up clean, but many employers won’t wait that long for the clarification—they simply move on to the next job applicant.


…CORY BOOKER SPEAKS TO FELLOW U.S. SENATORS ABOUT BIAS IN THE CRIMINAL JUSTICE SYSTEM

“Enough lamentation, when will there be legislation?” asked New Jersey Senator Cory Booker when he spoke before Senator Richard Durbin’s Tuesday hearing on the State of Civil Rights & Human Rights. It’s strong stuff, filled with both passion and common sense. And Booker bolstered his points with plenty of statistics.

Take a look.


MORE BAD NEWS ABOUT LAUSD’S MALFUNCTIONING SOFTWARE SYSTEM THAT SCREWED UP STUDENTS’ SCHEDULES

Recently we wrote about the restraining order an angry judge slapped on California Department of Education head, Tom Toriakson, to force Toriakson and LAUSD to come up with a plan to fix a disastrous tangle of problems with the district’s student data system. It seems the data snarl had somehow resulted in many students at Jefferson, Dorsey and Fremont High Schools losing more than a month’s worth of class time, and other students’ transcripts being comprised as college application deadlines rolled around.

So is the system fixed yet? Uh, no. Even more alarming, the cost of repairing the mess has, thus far, cost three times what the district initially spent to set up the data system.

Annie Gilbertson of KPCC has the story-–and it ain’t pretty.

Here’s a clip:

The Los Angeles Unified School District board approved another $12 million Tuesday to fix the student data system that failed to schedule classes, take attendance and track students with special needs beginning last fall.

Under the new plan, the district will spend up to $2 million per week from Jan. 1 to Feb. 15 to have technology companies, including Microsoft, debug the system, stabilize servers, and expand use of the system known as MiSiS at charter schools, among other tasks.

The money will also pay for oversight of the work by an outside party and expansion of the help desk.

The new spending brings the total cost of the software system to $45.5 million, three times as much as was initially invested in it.

When the six weeks are up, the board will be presented with another, pricier spending plan for MiSiS improvements. Earlier estimates submitted to the school construction bond oversight committee showed the price of addressing the system’s problems could double to about $85 million….


A FEW WORDS ON THE TORTURE REPORT

We don’t normally report on issues—even criminal justice issues—that occur beyond U.S. borders, because they are too far outside our California-centric mandate.

But we cannot fail to acknowledge—however briefly—the release of what is being called the “torture report,” the Senate’s long awaited report on C.I.A. torture during the Bush Administration released Tuesday. It has too many implications about criminal justice issues we do write about.

This week’s revealations are so dispiriting that a lot of the writing about the report that we’ve read in the last 24 hours has sort of a stunned eloquence, like this opening of Tuesday’s story by the New Yorker’s Amy Davidson.

There is a tape recording somewhere, unless the Central Intelligence Agency has destroyed it, that captures the sound of a man named Nazar Ali crying. He was a prisoner in a secret C.I.A. prison, in a foreign country where terrorists were supposed to be interrogated. But Nazar Ali, whom a Senate Select Intelligence Committee report, part of which was released on Tuesday, suggests has a developmental disability—it quotes an assessment of him as “intellectually challenged”—was no sophisticated Al Qaeda operative. It is not even clear, from what’s been released of the report, that his interrogation was an attempt to gain information, or indeed that he was properly interrogated at all. According to the report, his “C.I.A. detention was used solely as leverage to get a family member to provide information.” A footnote later in the report, where his name appears, explains that Nazar Ali’s “taped crying was used as leverage against his family member.” Left unexplained is what the American operatives did to make this man cry. Did they plan ahead, preparing recording equipment and proddings, or did they just, from their perspective, get lucky?

That audio may be long erased or destroyed, as ninety-two videotapes documenting waterboarding were. The unauthorized running of those videotapes through an industrial shredder, in 2004, put in motion the production of the Senate report. (The Washington Post has a graphic guide to its twenty key findings.) It took nine years and cost forty million dollars, largely because the C.I.A. and its allies pushed back, complaining about unfairness and, finally, warning darkly that Americans would die if the world knew what Americans had done. Senate Republicans eventually withdrew their staff support. The Obama Administration has largely enabled this obstruction. The opponents of accountability nearly succeeded. In another month, a Republican majority takes control in the Senate, and they might have buried the report for another decade, or forever. As it is, only a fraction has been released—the five-hundred-page executive summary of a sixty-seven-hundred-page report—and it is shamefully redacted. But there are things the redactions can’t hide, including that the C.I.A. and the Bush Administration lied, in ways large and small. One telling example has to do with the number of people held in the secret C.I.A. prisons. General Michael Hayden, as director of the C.I.A., regularly said that the number was “fewer than a hundred.” By that, he meant ninety-eight—and, when he was informed by others in the Agency that there were at least a hundred and twelve, “possibly more,” he insisted that they keep using the number ninety-eight. The report released today lists the number, for the first time, as a hundred and nineteen. Of those, twenty-six were held wrongly—that is the C.I.A.’s own assessment; the number may be greater—either because there was no real evidence against them or because of outright Hitchcockian cases of mistaken identity. There’s a footnote where the report mentions the twenty-six who “did not meet the standards for detention.” Footnote 32, the same one that outlines the motives for holding Nazar Ali, has a devastating litany, starting with “Abu Hudhaifa, who was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the CIA discovered he was likely not the person he was believed to be…”

There’s lots more in Davidson’s story, in the New Yorker in general, and, of course, in every other mainstream publication.

Posted in Board of Supervisors, Civil Rights, criminal justice, Education, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, LAUSD, Los Angeles County, race, race and class, racial justice, torture | 14 Comments »

CA’s Poorer Students Lose Weeks of Instruction…LAUSD Fires Lawyer Who Blamed 14-yr-old for Sex With Teacher….Kids, Trauma & Schools…and LAPD Braces for Ferguson Decision

November 19th, 2014 by Celeste Fremon


STUDY FINDS CA’S LOW INCOME HIGH SCHOOLS LOSE 25 DAYS OF INSTRUCTION A YEAR

Teachers in California’s “high poverty” high schools provide their students with an average of 25 fewer days of classwork per year than do their higher income school counterparts, according to a new study released Tuesday by UCLA’s Institute for Democracy, Education & Access (IDEA) and funded by the Ford Foundation.

This is the rough equivalent of shutting down classes in the state’s low income area schools as much as five weeks earlier than schools in more affluent areas.

The causes of this disparity in productive class time primarily fall into two categories, according to the UCLA report:

1. Incidental interruptions during each class period chip away at instructional time to the tune of around 1/2 hour per day in the state’s low income schools.

2. In this same way, in high poverty schools there are more in the way of large interruptions that cut into scheduled instructional time across the school calendar–things like emergency lockdowns, chronic teacher absences, overlong preparation for standardized tests, underprepared substitute teachers and more.

In addition there are community and personal sources of stress—unstable living conditions, neighborhood violence, concerns about safety, immigration issues, hunger—that can adversely affect a higher percentage of students’ ability to concentrate in high poverty schools than those affected in low poverty schools.

The result is a measurable lack of equality of opportunity, say the study’s authors:

“California holds students to a common set of assessment standards and requirements for university admission,” write UCLA researchers John Rogers & Nicole Mirra in the conclusion of their report. “Yet students have access to markedly different amounts of instructional time depending on the neighborhood in which they live. It is true that schools can use available learning time in more or less effective ways. But the amount of available learning time creates a ceiling, limiting the capacity of the school to promote student achievement and development.”

Jill Barshay writing for the Hechinger Report has more on the study. Here’s a clip:

Interruptions, substitute teachers and test prep account for a large portion of the lost instructional time, according to a UCLA study released Nov. 18, 2014.

“These findings push us to think again about inequality in the schools,” said UCLA education professor John Rogers, a co-author of “It’s About Time: Learning Time and Educational Opportunity in California High Schools,” published by UCLA’s Institute for Democracy, Education and Access. “You have a quarter of the kids [here] in schools with concentrated poverty, and you see how unequal learning time is for these students.”

The inequities outlined in this report have little to do with school funding. In California, the state plays a large role in allocating school funds. That reduces the ability of wealthy towns to fund their schools more than low-income communities can.

“Differences in learning time between high and low poverty schools might actually be much more pronounced in states where high poverty schools receive less funding than schools in more affluent communities,” said Sanjiv Rao, a program officer at the Ford Foundation, which funded the UCLA study.

[SNIP]

A common disruption, for example, was a phone call from the main office during a lesson. Teachers reported that simple routines, such as settling the class down or distributing materials, take longer at high poverty schools. It may take only a minute, but the minutes add up. In a high poverty school, about 18 minutes per period are lost this way, compared with 13 minutes in a low poverty school — a five minute difference per class period….


LAUSD BELATEDLY FIRES LAWYER WHO ARGUED THAT 14-YEAR-OLD MIDDLE-SCHOOL GIRL WAS OLD ENOUGH TO SAY YES TO SEX

Last week, KPCC’s Karen Foshay broke the story that one of LAUSD’s hired gun law firms had argued in a civil suit in August that a 14-year-old student was mature enough to consent to having sex with her 28-year-old teacher—hence the district shouldn’t be liable for any of the teenager’s alleged injuries.

The former math teacher, Elkis Hermida, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison.

The district’s attorney in the matter, W. Keith Wyatt of Ivie, McNeill & Wyatt, also brought the middle-schooler’s past sexual experience into court. (One is legally prohibited from such trash-the-victim tactics in adult rape cases, but evidently all bets are off in civil cases brought by the parents of young teenagers whose teachers had felonious sex with their students.)

Here are some clips from that first story:

“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

Not content to stop there, Mr. Wyatt went on to opine:

“Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher,’” Wyatt told KPCC.

In any case, last Friday, embarrassed LASD officials announced that they wouldn’t work with attorney Wyatt anymore but that they would continue to work with his firm—which was representing the district in a bunch of cases.

Then on Tuesday, KPCC’s Karen Foshey and Paul Glickman reported that LAUSD had changed its mind and was now yanking most of the cases.

Here’s a clip that explains the deal:

When LAUSD said it would cut its ties with Wyatt, it said it would maintain its relationship with his firm, Ivie, McNeill & Wyatt, which was representing the district in 18 cases.

On Tuesday, LAUSD spokesman Sean Rossall told KPCC that Wyatt had been counsel on all 18 cases. His firm will continue representing the school district in four of the cases, but Wyatt will no longer be handling them, Rossall explained. The remaining 14 cases “are being reassigned to other firms,” he said.

There has also been fallout in Sacramento from KPCC’s report. State Senator Ted Gaines (R-Roseville) said that he intends to introduce legislation to ensure that lawyers will not be able to argue in civil cases that a minor is mature enough to consent to sex with an adult.

Let us hope that such sensible legislation will pass.


DR. NADINE BURKE HARRIS ADVISES SCHOOLS DEALING WITH STUDENTS & CHILDHOOD TRAUMA: “DON’T MAKE THINGS WORSE.”

Dr. Nadine Burke Harris, the San Francisco pediatrician and researcher who has become a national expert on the effect of “adverse childhood experiences”—or ACEs—on a kid’s future health and behavior, spoke last week at the Colorado Children’s Campaign. Prior to the event, Burke Harris was interviewed by Ann Schimke at Chalkbeat Colorado about kids and toxic stress and how schools can unintentionally make things worse.

(WitnessLA wrote about Burke Harris and childhood trauma here.)

Here’s a clip from the conversation:

…First of all, the canary in the coal mine is behavior and learning issues. One of the things we know is that kids who are exposed to high doses of adversity are much more likely to have problems with impulse control, are much more likely to have difficulty with recovery post-provocation, more likely to have difficulty with attention, and sometimes going so far as having learning difficulties.

For the study that was published by myself and a colleague, our kids who had four or more adverse childhood experiences, they were twice as likely to be overweight or obese. We also see recent data out of California…if you have an ACE score of four or more you have twice the lifetime risk of asthma.

What role should schools play or are they already playing in dealing with this issue in a proactive way?

The first really important role that schools have is not making things worse. I know that sounds awful, but really understanding that punitive school discipline policies do not reflect an understanding of the science of how adversity affects the developing brain. I think it’s really important for schools to respond thoughtfully.

The hours that a child spends in school are really an opportunity for establishing safe and healthy relationships, which can also be profoundly positive in terms of coming up with solutions to the issue of adverse childhood experiences and toxic stress.

One of the big things is just thinking about ways to establish a safe and healthy school climate that’s not punitive, and informing some of those policies with the emerging science and research around ACES and toxic stress.

How are schools doing in addressing this issue and creating a safe and healthy environment ?

There are certainly some schools that are models…One of the things we see that makes a world of difference in the school environment is having a school leader who recognizes adverse childhood experiences and toxic stress as a major issue that affects educational attainment and is willing to … take that on. I think that has everything to do with the leadership.


LAPD BRACES FOR DEMONSTRATIONS AFTER FERGUSON GRAND JURY ANNOUNCEMENT

Calls have already gone out for a peaceful rally at Leimert Park (Crenshaw and Vernon) following the Missouri grand jury announcement expected later this month regarding whether or not Ferguson police officer Darren Wilson will be indicted in the controversial shooting of black teenager Michael Brown.

Like law enforcement agencies all over the country, the Los Angeles Police Department is preparing for reactions to the grand jury’s decision, but Chief Charlie Beck also expressed hope that recent meetings by department members with LA’s most affected communities will aide in keeping the city calm.

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

Police departments nationwide are bracing for the grand jury’s decision — expected by the end of the month — in the killing of Michael Brown by a white police officer. The August shooting in Ferguson, Mo., sparked protests nationwide along with criticism of police.

Beck told the city’s Police Commission that his department is “working very closely” with authorities in Missouri and hoped to get “some advance notice of the decision and the announcement.”

“This is an issue that we’re all concerned with,” he said.

The LAPD has also stepped up community outreach in anticipation of the decision, Beck said, and is prepared to deploy extra patrols when it comes.

“We will facilitate lawful demonstrations, just as we always do,” he told reporters after the meeting. “But we will not, and cannot, condone violence or vandalism. We want to help people to express their opinions, but we want them to do it lawfully.”

Beck stressed his hope that the outreach efforts would help quell potential violence in Los Angeles.

“I believe that the relationships with the Los Angeles Police Department and the communities that are most concerned is very strong,” the chief said.

Posted in Civil Liberties, Civil Rights, crime and punishment, Education, LAPD, LAUSD, race, racial justice, School to Prison Pipeline, Trauma | No Comments »

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47′s LA Savings, and PPOA Interviews McDonnell

October 17th, 2014 by Taylor Walker

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

Posted in ACLU, Jim McDonnell, LASD, LAUSD, Sentencing, Zero Tolerance and School Discipline | 26 Comments »

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

October 14th, 2014 by Taylor Walker

LAUSD ELEMENTARY SCHOOL LIBRARIES STAFFING ISSUES EVEN WORSE AFTER BOOSTED FUNDING

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

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

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

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

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

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

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

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


PROBLEMS WITH USING ADULT INTERROGATION METHODS ON KIDS

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

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

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

Here’s a clip from Hoffman’s story:

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

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

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

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

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


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

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

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

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

Here’s a clip:

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

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


NEW RADIO CAMPAIGN BY “FRIENDS OF MCDONNELL”

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

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

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

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

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

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

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

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

Judge Slams State With Restraining Order Over Jefferson High’s Scheduling Mess…Powerful Prosecutors…and More

October 9th, 2014 by Celeste Fremon



Alameda County Superior Court Judge George Hernandez Jr. has taken a good look
at the mess that is occurring at LA’s Thomas Jefferson High School, and he is furious.

Here’s the deal: Due to a hideously malfunctioning computer system, Jefferson High—which has been one of LA County’s most troubled high schools off and on for years now— fell into morass of scheduling dysfunction before this school year began in August. Kids were assigned to incorrect classes—in many cases courses they’d already taken. Or worse they were given pretend classes that weren’t classes at all, hours called “Service” periods, or “College Class” or “Adult Class”—each of which turned out, incredibly to provide no instruction. In still other cases, kids were even simply sent home because no classes—even the faux courses—-were available.

Now here we are in October and, according to Judge Hernandez, the debacle is showing no sign of getting straightened out.

As it happens, Jefferson High was already one of nine “high-need schools” named in a class action lawsuit, Cruz v. California, filed this past spring by Public Counsel and the So Cal ACLU (with pro bono support from the law firms Carlton Fields Jorden Burt and Arnold & Porter LLP).

Cruz v. California challenges “California’s failure to provide meaningful learning time to students” of these nine schools.

Thus, thankfully, when the scheduling crisis erupted, there was already a legal instrument in place to address it.

All this brings us to the very unhappy Judge Hernandez who issued a tersely-worded temporary restraining order on Wednesday demanding that, no later than next Tuesday, Oct. 14, the state and LAUSD must come up with a viable plan to get kids back in appropriate classes, and then have the plan and the needed resources in place by no later than November 3.

“Absent such intervention,” wrote the judge, “there is a significant likelihood that Jefferson students will continue to endure chaos and disruption due to ongoing scheduling issues and low morale, will not have the opportunity to enroll in courses needed to graduate or qualify for college admission, will fail courses or receive poor grades due circumstances beyond their control (including the scheduling fiasco and lack of remedial resources) and, as a result, will be less equipped to succeed in life, in the job market, and (if they are able to gain admission) in college.”

The judge wrote a lot more in that vein about the harm he believed had been done to Jefferson’s students who, he noted, were “disproportionately low income, minority, first generation students, foster children and/or English learners.”

(Here’s a link to the order itself.)

Attorneys representing the plaintiffs praised the judge’s speedy action, but slammed California’s Department of Education for its inattention.

“The State stood by for months while students at Jefferson sat in classes they had already passed, made copies instead of learning math, and were sent home midway through the school day,” said Kathryn Eidmann, staff attorney at Public Counsel. “Students, parents, and teachers deserve better. Today’s ruling recognizes that the State must ensure that all California students have a chance to graduate, attend college, and succeed.”

David Sapp, staff attorney at the So Cal ACLU, added that although the situation at Jefferson is extreme, “it’s also typical of students at schools that have been ignored by the state for too long. We need a new attitude from our state leaders that all students deserve the same opportunity to learn,” he said.

Indeed.


HOW PROSECUTORS CAME TO HAVE SO MUCH POWER

“The prosecutor has more control over life, liberty and reputation than any other person in America,” said then U.S. Attorney General Robert Jackson, in 1940.

In the intervening 74 years, prosecutors have gotten more powerful not less, with almost nothing in the way of legal consequences to rein in those prosecutors who choose to misuse their power.

The Economist Magazine has a good story that explores the matter of prosecutorial power.

Here are some clips:

Cameron Todd Willingham was accused of murdering his daughters in 1991 by setting fire to the family house. The main evidence against him was a forensic report on the fire, later shown to be bunk, and the testimony of a jailhouse informant who claimed to have heard him confess. He was executed in 2004.

The snitch who sent him to his death had been told that robbery charges pending against him would be reduced to a lesser offence if he co-operated. After the trial the prosecutor denied that any such deal had been struck, but a handwritten note discovered last year by the Innocence Project, a pressure group, suggests otherwise. In taped interviews, extracts of which were published by the Washington Post, the informant said he lied in court in return for efforts by the prosecutor to secure a reduced sentence and—-amazingly—-financial support from a local rancher.

A study by Northwestern University Law School’s Centre on Wrongful Convictions found that 46% of documented wrongful capital convictions between 1973 and 2004 could be traced to false testimony by snitches—making them the leading cause of wrongful convictions in death-penalty cases. The Innocence Project keeps a database of Americans convicted of serious crimes but then exonerated by DNA evidence. Of the 318 it lists, 57 involved informants—and 30 of the convicted had entered a guilty plea.

[LARGE SNIP]

It is not clear how often prosecutors themselves break the rules. According to a report by the Project on Government Oversight, an investigative outfit, compiled from data obtained from freedom of information requests, an internal-affairs office at the Department of Justice identified more than 650 instances of prosecutors violating the profession’s rules and ethical standards between 2002 and 2013. More than 400 of these were “at the more severe end of the scale”. The Justice Department argues that this level of misconduct is modest given the thousands of cases it handles.

Judge Kozinski worries, however, that there is “an epidemic” of Brady violations—when exculpatory evidence is hidden from defence lawyers by prosecutors. For example, in 2008 Ted Stevens, a senator from Alaska, was found guilty of corruption eight days before an election, which he narrowly lost. Afterwards, prosecutors were found to have withheld evidence that might have helped the defence. Mr Stevens’s conviction was vacated, but he died in a plane crash in 2010.

Prosecutors enjoy strong protections against criminal sanction and private litigation. Even in egregious cases, punishments are often little more than a slap on the wrist. Mr Stevens’s prosecutors, for example, were suspended from their jobs for 15 to 40 days, a penalty that was overturned on procedural grounds. Ken Anderson, a prosecutor who hid the existence of a bloody bandana that linked someone other than the defendant to a 1986 murder, was convicted of withholding evidence in 2013 but spent only five days behind bars—one for every five years served by the convicted defendant, Michael Morton.

Disquiet over prosecutorial power is growing. Several states now require third-party corroboration of a co-operator’s version of events or have barred testimony by co-operators with drug or mental-health problems. Judge Rakoff proposes two reforms: scrapping mandatory-minimum sentences and reducing the prosecutor’s role in plea-bargaining—for instance by bringing in a magistrate judge to act as a broker. He nevertheless sees the use of co-operators as a “necessary evil”, though many other countries frown upon it.

Prosecutors’ groups have urged Mr Holder not to push for softer mandatory-minimum sentences, arguing that these “are a critical tool in persuading defendants to co-operate”. Some defend the status quo on grounds of pragmatism: without co-operation deals and plea bargains, they argue, the system would buckle under the weight of extra trials. This week Jerry Brown, California’s governor, vetoed a bill that would have allowed judges to inform juries if prosecutors knowingly withhold exculpatory evidence.


WHY ARE SO MANY WOMEN IN PRISON IN AMERICA? IT’S THE DRUG WAR, STUPID!

I turns out that nearly a third of the women who are incarcerated worldwide, are locked up in U.S. jails or prisons according to the International Center for Prison Studies. (Of course, given our overall incarceration rate per capita, that should not be surprising.)

The Huffington Post’s Nina Bahadur has more on the story. Here’s a clip:

So, why does America imprison so many women? Mandatory sentencing minimums have led to prison overcrowding in general. An estimated two-thirds of women incarcerated in federal prisons are serving time for nonviolent, drug-related crimes.

Female prisoners are disproportionately women of color, and one study suggests that 44 percent of female prisoners in the U.S. don’t have a high school diploma or GED. Incarcerating women also plays a huge role in breaking up families — 64 percent of female state prisoners lived with and cared for their minor children before their imprisonment.

Posted in Education, Innocence, LAUSD, prison policy, Prosecutors, Sentencing | 2 Comments »

New Program to Help Kids Get to School Safely, Bill to Defer Sentencing on Certain Misdemeanors, No Nationwide Data on Police Shootings, and Celebrating Successful Family Reunifications

September 11th, 2014 by Taylor Walker

CITY ATTORNEY ANNOUNCES PROGRAM TO REDUCE TRUANCY BY HELPING KIDS GET TO SCHOOL SAFELY

Earlier this week, Los Angeles City Attorney Mike Feuer announced an extensive new LAUSD pilot program to combat truancy by ensuring kids have “safe passage” to school.

Often, kids in high-violence neighborhoods don’t feel safe getting to school, so they just don’t go. The Neighborhood School Safety Program (NSSP), launching at four middle schools across the district, will create a “neighborhood school safety attorney” for each school. These attorneys will collaborate with parents and LAUSD administrators to keep kids safe by reducing gun violence and negative environmental factors. A number of parents from each school will also be trained to keep students safe on their walks to and from school.

The San Fernando Valley Post-Periodical’s Matt Thacker has more on the program. Here’s a clip:

A designated “neighborhood school safety attorney” will work with parents and Los Angeles Unified School District administrators to develop plans for improving safety for children who walk to school, reducing truancy, preventing gun violence and reducing environmental threats near schools.

One component of the program includes “safe passage to schools” – a partnership between the City Attorney’s Office, Casa Esperanza and school administrators. Feuer said they are recruiting and training 15 Vista parents to make sure children make it to and from school safely.

A number of other programs have been implemented, including the City Attorney’s Truancy Prevention Program which combats truancy through educational letters, parent and community meetings and enforcement hearings.

“Kids need to know they can be safe in school so they will go to school,” Feuer said. “School truancy issues are very important to all of us. We need our kids to stay in school.”

The neighborhood school safety attorney also organizes a “parent safety cadre” which educates parents how to address safety issues near schools. Following a recent meeting on tobacco enforcement, a parent contacted a local store which was selling e-cigarettes to minors, and the store’s owners agreed to stop the illegal practice immediately, according to Feuer.

A gun violence prevention coordinator will work with the Los Angeles Police Department to check that people who live near the schools and are not allowed to own or possess guns do not have firearms or ammunition. A multi-agency task force called “Los Angeles Strategy Against Violent Environments near Schools” began conducting compliance checks on parolees, probationers and registered sex offenders who reside near schools. On Aug. 12, nine felony arrests were made in an operation near Vista, while five children were removed from unsafe environments.


BILL WOULD ALLOW JUDGES TO GIVE SECOND CHANCES ON FIRST-TIME MISDEMEANOR OFFENSES

A new pilot program awaiting Gov. Jerry Brown’s signature, AB 2124, would give judges the ability to defer sentencing for certain first misdemeanors, allowing defendants to meet certain criteria to have the case against them dismissed. The defendant would have a year to complete restitution, participate in any required programs, and fulfill any other conditions. If the defendant meets all requirements, they will walk away free of a criminal conviction.

An LA Times editorial urges the governor to sign this smart piece of legislation. Here’s a clip:

Many people convicted of misdemeanors are sentenced directly to probation, especially in counties such as Los Angeles, where jails are crowded and cells are generally held for the most serious criminals. For the offenders, that means they don’t have to lose their jobs or school placements while they sit in jail. But they still end up with criminal records that could hinder their full reintegration into society as law-abiding members.

Some states have recognized that they can do even better by putting probation on the front end. The defendant pleads guilty and complies with various conditions, including monetary restitution, and the judge can opt not to enter the plea or the conviction. At the end of the year, presuming the offender has made amends, he or she is on a better track and winds up with no criminal conviction. If the conditions aren’t met, the conviction is entered and the offender is sentenced.

Hawaii has had a great deal of success with a version of the program. Virginia has its own twist, with some good results.

So how about California? Lawmakers here have slowly — very slowly — come to realize that we convict and lock up too many people for less serious crimes and in so doing put people on a path that limits their chances to move on with a crime-free life.


WHERE’S THE NATIONAL DATA ON OFFICER-INVOLVED SHOOTING NUMBERS?

The federal government does not have keep a comprehensive record of the number of fatal (and non-fatal) shootings by law enforcement officers. Instead, the Department of Justice lets police agencies “self-report” officer-involved shootings. Advocates say the uncollected data keeps law enforcement agencies from creating better policies and practices to lower the number of avoidable deaths.

The Washington Post’s Wesley Lowery has more on the issue. Here are some clips:

Police unions and some law-and-order conservatives insist that shootings by officers are rare and even more rarely unjustified. Civil rights groups and some on the left have just as quickly prescribed racial motives to the shootings, declaring that black and brown men are being “executed” by officers.

And, like all previous incarnations of the clash over police force, the debate remains absent access to a crucial, fundamental fact.

Criminal justice experts note that, while the federal government and national research groups keep scads of data and statistics— on topics ranging from how many people were victims of unprovoked shark attacks (53 in 2013) to the number of hogs and pigs living on farms in the U.S. (upwards of 64,000,000 according to 2010 numbers) — there is no reliable national data on how many people are shot by police officers each year.

The government does, however, keep a database of how many officers are killed in the line of duty. In 2012, the most recent year for which FBI data is available, it was 48 – 44 of them killed with firearms.

But how many people in the United States were shot, or killed, by law enforcement officers during that year? No one knows.

Officials with the Justice Department keep no comprehensive database or record of police shootings, instead allowing the nation’s more than 17,000 law enforcement agencies to self-report officer-involved shootings as part of the FBI’s annual data on “justifiable homicides” by law enforcement.

That number – which only includes self-reported information from about 750 law enforcement agencies – hovers around 400 “justifiable homicides” by police officers each year. The DOJ’s Bureau of Justice Statistics also tracks “arrest-related deaths.” But the department stopped releasing those numbers after 2009, because, like the FBI data, they were widely regarded as unreliable.

[SNIP]

Law enforcement watchdog groups and think tanks say that the lack of comprehensive data on police shootings hampers the ability of departments to develop best practices and cut down on unnecessary shootings.


DCFS HONORS PARENTS WHO TURNED THEIR LIVES AROUND TO GET THEIR KIDS BACK

The Los Angeles Department of Children and Family Services has faced intense scrutiny since the horrific and preventable death of 8-year-old Gabriel Fernandez. But the department does have triumphs, including many successful and safe family reunifications.

On Tuesday, DCFS held its fifth annual Family Reunification Heroes ceremony to celebrate reunited families and honor the parents who turned their lives around to win their children back.

LA Daily News’ David Montero has the story. Here’s how it opens:

On a clear night four years ago, Angel Ramirez got ready to sleep in a parking lot again. Homeless, strung out from years of heroin use, he thought this — after years of hitting bottom — was, in fact, rock-bottom.

He was alone. Broke and broken. His sister didn’t talk to him anymore, his children hardly knew him sober, and the weight of shame he carried on that patch of hard asphalt in East Los Angeles seemed to prove it was the lowest point in his life.

Ramirez said he just looked up into the dark sky and cried out.

The memory was fresh Tuesday when he recalled the gang ties, the jail time and the hopelessness. He stood up — sober since 2010 — and thanked Los Angeles County Department of Children and Family Services officials who helped him start to get his life back.

And his children back.

Ramirez, 49, of Los Angeles, joined three other parents honored at the Los Angeles County Board of Supervisors meeting as DCFS officials marked the fifth annual celebration called Family Reunification Heroes. Each parent, who had been chosen from a board member’s district, received a scroll and a picture with a board member.

Posted in City Attorney, DCFS, Edmund G. Brown, Jr. (Jerry), LAUSD, Sentencing, Youth at Risk | No Comments »

Middle School Dropouts, Bill Passes to End Prison Sterilizations, Ferguson Protests…and More

August 21st, 2014 by Taylor Walker

CALIFORNIA HAS THOUSANDS OF FORGOTTEN MIDDLE SCHOOL DROPOUTS

More than 6,400 California middle-schoolers (7th and 8th graders) dropped out of school in the 2012-2013 year, more than 1,000 of which were LAUSD students. The number seems relatively low when compared with California’s more than 94,000 high school dropouts each year, so these younger kids are often overlooked and underserved. Most schools do not even have the resources to track them down once they stop showing up.

KPCC’s Sarah Butrymowicz takes a closer look at the issue in a story produced by the Hechinger Report. Here’s how it opens:

Devon Sanford’s mother was diagnosed with pancreatic cancer when he was in the eighth grade. After barely finishing at Henry Clay Middle School in South Los Angeles, he never enrolled in high school. He spent what should have been his freshman year caring for his mother and waiting for police to show up asking why he wasn’t in school.

No one ever came.

“That was the crazy part,” he said. “Nobody called or nothing.”

Thousands of students in California public schools never make it to the ninth grade. According to state officials, 7th and 8th grade dropouts added up to more than 6,400 in the 2012-13 school year – more than 1,000 in the Los Angeles Unified School District alone.

Like Sanford, many of them just disappeared after middle school and never signed up for high school.

But their numbers are so tiny in comparison to California’s more than 94,000 high school dropouts each year that few school districts are paying attention to middle school dropouts.

One sign of the inattention: a 2009 state law mandating California education officials calculate a middle school dropout rate has gone largely ignored, although districts do publicly report the raw numbers.


CALIFORNIA BILL TO BLOCK STERILIZATION OF FEMALE INMATES MOVES ON TO GOVERNOR’S DESK FOR SIGNING

Last year, the Center for Investigative Reporting found that California prison doctors performed 148 unlawful (and ethically questionable) tubal ligations (or “tube-tying”) on female inmates in violation of state law, often without proper legal consent from the women, between 2006 and 2010.

On Tuesday, the state Senate unanimously passed a bill, SB 1135, that would prohibit prisoner sterilizations as a means of birth control, except in the event of a medical emergency or treating an illness.

The bill, now headed for the governor’s desk, would also require the CDCR to provide counseling to women receiving the procedure, as well as post data online about any sterilizations performed. The bill would also provide safeguards for those who might report future misconduct.

Gov. Jerry Brown has until Sept. 30 to sign (or not sign) the bill into law.

CIR’s Corey G. Johnson has more on the bill. Here’s a clip:

The bill, passed unanimously today by the state Senate, would ban sterilizations for birth control purposes in all state prisons, county jails and other detention centers. Surgeries would be restricted to treating life-threatening medical emergencies and addressing physical ailments.

Women would receive extensive counseling, and correctional facilities performing such surgeries would be required to post data about the procedures online. The bill also protects whistleblowers from retaliation for reporting violations.

Sen. Hannah-Beth Jackson, D-Santa Barbara, pushed for the bill after The Center of Investigative Reporting found more than 130 women received tubal ligations in violation of prison rules from 2006 to 2010. Former inmates and prisoner advocates told CIR that prison medical staff pressured women, targeting inmates deemed likely to return to prison in the future.

“It’s clear that we need to do more to make sure that forced or coerced sterilizations never again occur in our jails and prisons,” Jackson said. “Pressuring a vulnerable population into making permanent reproductive choices without informed consent violates our most basic human rights.”


WHAT MADE PROTESTS IN FERGUSON, MO, TURN INTO A WEEK OF VIOLENCE AND DISORDER

NBC’s Andrew Blankstein and Tom Winter have delved into why protests over Michael Brown’s death in Ferguson, MO, spiraled out of control, while nearby protests over an unconnected fatal shooting of a young black man did not turn violent. Here’s how it opens:

The fatal shooting of an unarmed black teenager on Aug. 9 in Ferguson, Missouri has led to angry protests and violent clashes with police that reached a fresh crescendo earlier this week. A second, unrelated fatal police shooting of a young black man just a few miles east on Tuesday, however, sparked protests, but no violence.

Why did events spiral out of control in Ferguson? Why did this little-known St. Louis suburb, with just 21,000 people, explode into more than a week of unrest? Part of the problem seems to have been a series of missteps by local authorities.

Experts from around the nation, including law enforcement officials, academics and civil rights attorneys, cite four factors: A poisoned relationship between a virtually all-white police force and a majority black city; heavy-handed police tactics both before and after the shooting — including a military-style response to the initial protests; and mixed messages from local authorities, some of whom attempted to focus attention on an alleged robbery by the dead teen, Michael Brown, instead of updating the public about the investigation into Brown’s death.

“Put that all together and you have a ready-made disaster,” L.A.-based civil rights attorney Connie Rice told NBC News.

The Police vs. the Public: Rice and others said most of the problems in Ferguson flowed from the almost non-existent connection between the city’s police and its residents. Detective Gabe Crocker, president of the St. Louis County Police Association, which represents many of the area’s officers, told NBC News he thought there had been early friction in Ferguson between police and protesters because there had been “no established lines of communication with community leaders.”

While two-thirds of Ferguson’s citizens are African-American, there are only three blacks on its 53-member police force. Where larger urban departments like the NYPD have used so-called “community-based policing” in recent years to build trust with a diverse public, Ferguson focused on old-fashioned top-down policing and revenue generation. That meant most contact with civilians involved traffic stops and writing tickets – an extraordinary number of tickets for traffic and other offenses. Jeff Smith, an assistant professor of politics at the New School in New York City and a former resident and legislator in St. Louis County, described Ferguson as “a constant, simmering state of tension and mistrust.” Smith said community policing could have reduced tensions, but that “it’s like (Ferguson) missed the whole phenomenon.”

[SNIP]

Changing the Subject: Two related moves last week appeared to defuse tensions. Missouri State Police took over command of the scene from the local cops, and designated Capt. Ron Johnson, an African-American who grew up near Ferguson, as the on-site commander and liaison with the community.

But then Ferguson Police Department Chief Thomas Jackson held a press conference and released documents and surveillance video — over Justice Department objections — allegedly showing that Michael Brown had robbed a convenience store a short time before he was fatally shot. Hours later, Jackson held another press conference to announce that the white officer accused of shooting Brown was unaware of Brown’s alleged involvement in the robbery when he shot him.

Eric Rose, a crisis management expert who advises police organizations across the country, called Jackson’s revelations “foolish,” saying they served “to further incite tensions.”

“The goal should have been to calm things down,” said Rose. “Releasing that information did not serve that purpose.” In high-profile cases, he said, “You never want to go public without truly knowing all the facts and you want to have a clear strategy. In this case, the stakes of being wrong could have meant riots. And that’s exactly what happened.”


CHILD WELFARE TRANSITION TEAM AND SUPERVISORS DIFFER ON HOW TO MOVE FORWARD

At the end of June, the LA County Board of Supervisors appointed a nine-member transition team to assist in the creation of a child welfare czar meant to oversee the implementation of child welfare reforms suggested by the Blue Ribbon Commission on Child Protection.

On Tuesday, in their first progress report to the Board of Supervisors, transition team members outlined qualifications the Office of Child Protection should have. Co-chairs Leslie Gilbert-Lurie and Mitchell Katz and team member Janet Teague also asked for an executive director to keep the group focused and moving forward on reforms until the czar can be put in place.

Supervisor Zev Yaroslavsky said that the hiring of a child welfare czar was of higher importance than the hiring of an executive director, and that the BOS never approved staff for the transition team. Yaroslavsky also suggested that there might be a calculated delay on hiring a czar until he and Supe Gloria Molina are termed out of office in December.

Supe Mark Ridley-Thomas urged the board to continue implementing the Blue Ribbon Commission’s other recommendations while the search for a czar continues.

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

In its first report to the Board of Supervisors, transition team co-chairs Leslie Gilbert-Lurie and Mitchell Katz and team member Janet Teague presented the group’s work over the course of the past month. Those efforts have largely centered on clarifying the role and desired qualifications of the incoming director of the Office of Child Protection.

“The founding director of the Office of Child Protection will have the opportunity to forge a transformational process for the children of Los Angeles County and we hope you see it the same way,” Gilbert-Lurie said while addressing the Board of Supervisors at the August 19 meeting.

But the transition team remains hindered by confusion about its responsibilities beyond assisting in the search for a leader of the new office and questions about staffing support that team members say would help speed up the implementation of reforms suggested by the Blue Ribbon Commission.

“What bothers me is that we’re not seeing eye to eye on what’s the most important thing for us,” said Supervisor Zev Yaroslavsky. “The most important thing is getting the Office of Child Protection person hired. The search firm in my opinion is moving very slowly, too slowly, and is responding to too many people. It’s August 19 and we’re no closer to hiring, or even searching for the office of child protection than we were a month ago.”

Transition team member Gilbert-Lurie argued that the team needs additional resources and support in the form of an executive director to accelerate efforts at implementing further recommendations.

“You have herded a group with a wide range of talents—we have doctors, Ph.D.s, judges, lawyers,” Gilbert-Lurie said. “But we need someone whose eye is on the ball of moving this forward. We believe there’s a lot of information that could be helpful in working with department heads. [We could] leverage the best of what you have in the county if there is someone available to take our ideas and help implement them when we’re working in our day jobs. We don’t believe we have access to that sort of person with that executive experience right now on a full enough time basis.”

Posted in DCFS, Education, LA County Board of Supervisors, LAUSD, Police, prison, women's issues | 18 Comments »

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