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Incarcerated Kids 3 Times More Likely to Be Hospitalized for Mental Health Issues….New LASD Mental Heath Crisis Teams in Desert….Expanding Adelanto…and Sandra Bland

July 22nd, 2015 by Taylor Walker

LOCKED UP KIDS IN CA ARE FAR MORE LIKELY TO BE HOSPITALIZED FOR MENTAL HEALTH REASONS THAN NON-INCARCERATED KIDS

Kids in CA juvenile detention facilities were hospitalized for mental health issues way more often (and for longer) than their non-justice-system-involved peers over a period of 15 years, according to a new study from the Stanford University School of Medicine.

Stanford researchers analyzed data from nearly two million hospitalizations of kids and teens between 11-18 in California from 1997 to 2011. The findings surprised the study’s lead author, Dr. Arash Anoshiravani. A whopping 63% of juvenile detention hospitalizations were for mental health problems, compared with 19% for kids who were not locked-up.

“We know young people in the juvenile justice system have a disproportionate burden of mental illness,” said Anoshiravani, “But I was really surprised by the magnitude of the problem, because hospitalizations typically occur for very severe illness.”

Locked up patients were more likely to be older, boys, and black. And when you took boys out of the picture, detained girls’ hospitalizations were for mental illness 74% of the time.


LA COUNTY SHERIFF’S DEPT. LAUNCHES MENTAL EVALUATION UNITS IN SANTA CLARITA AND ANTELOPE VALLEY

The Los Angeles County Sheriff’s Department has launched three new, much-needed Mental Evaluation Units for Santa Clarita, Palmdale and Lancaster. The teams are comprised of sheriff’s deputies and a Dept. of Mental Health clinician. The LASD has such teams already in place in other parts of the county, and in the jails, but, until now, hasn’t been able to fund units for Santa Clarita and the Antelope Valley, which account for more than a third of mental health-related calls to the LASD.

LA Daily News’ Susan Abram has the story. Here’s a clip:

“We had been pushing for this for years, but we couldn’t get the funding,” said Lt. Carlos Marquez, who oversees the evaluation teams for the Sheriff’s Department. “When we got these three additional teams, the logical placement was in Santa Clarita, Palmdale and Lancaster,”

Of the 1,000 calls for service that have to do with mental health, a third come from the northern part of L.A. County, Marquez said.

Those people who require emergency psychiatric care will be taken to Olive View-UCLA Medical Center in Sylmar, one of three facilities countywide with emergency psychiatric beds, said Dr. Mark Ghaly, director of community health and integrated programs at the county Department of Health Services.

There are about 130 emergency psychiatric beds throughout the county — not nearly enough, Ghaly said, noting there may be some relief later this year.

In 2011, county officials opened a $10 million mental health urgent-care center in Sylmar, next to Olive View, for walk-in patients suffering from anxiety, depression, schizophrenia and a range of other issues.


SOCAL PRIVATE PRISON BECOMES LARGEST ADULT IMMIGRANT DETENTION FACILITY IN THE NATION

Rep. Judy Chu (D-Calif.), along with 28 other legislators, sent a letter last week, urging the US Justice Dept. and the Dept. of Homeland Security to stop expanding the Adelanto Detention Center, a privately run prison for immigrants in San Bernardino County.

Last month, Adelanto, which is run by the scandal-plagued GEO Group, became the largest detention facility in the country for adult immigrants. Before the expansion, Adelanto was a men’s only facility, but has added 260 beds for women, in addition to 380 more beds for men.

GEO Group, the second largest for-profit prison operator, is often accused of medical neglect and abuse. Immigration and Customs Enforcement (ICE) is beholden to a “lock-up quota”—a profit-boosting tactics penalize states for not filling prison beds—of 488 prisoners through May of 2016.

In an op-ed for The Hill, Christina Fialho, who is an attorney and co-founder of Community Initiatives for Visiting Immigrants in Confinement (CIVIC), urges the feds to stop ignoring the medical neglect by GEO Group, and to stop the expansion, and instead defund the detention center altogether. Here’s a clip:

The Congressional letter highlights Gerardo Corrales, a nineteen-year-old who is paralyzed from the waist down. Corrales suffered a urinary tract infection because GEO Group was unwilling to provide him with a sufficient number of catheters. Doctors at a nearby hospital not affiliated with GEO told Corrales that his infection could have been fatal. Earlier this month, Corrales launched his own campaign along with three other men detained at Adelanto calling for the release of all people from the facility. Chu’s letter includes a link to Corrales’ oral testimony.

My organization, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), has been documenting medical neglect and other abuses at Adelanto since 2012 through the support of CIVIC volunteers who visit the facility weekly. Although U.S. Immigration and Customs Enforcement (ICE) tells us that people detained at Adelanto who request a medical visit are seen within 24 hours, the people in detention tell us otherwise. In fact, it is our understanding that sometimes it takes weeks for the men to see medical personnel, and they rarely meet with a doctor. The nurses often prescribe ibuprofen or “drink more water” for symptoms ranging from cataracts, to a slipped disk, to infections. One man was denied treatment for a serious hip infection because “it was too expensive,” according to a letter released in May by advocates. Unbelievably, nurses even deny sweaters to people detained at Adelanto who are cold.

Despite numerous complaints CIVIC has filed with DHS’s Office for Civil Rights and Civil Liberties and the Office of the Inspector General about the facility, ICE decided to expand the Adelanto Detention Center to detain 640 more people, including up to 260 women. Currently, the Adelanto Detention Center is imprisoning eight women, and local ICE personnel are hopeful that the expansion will allow them to detain transgender women at the facility as well. This is very troubling because these vulnerable populations require specialized healthcare services, and GEO Group has already proven that it is incapable of providing adequate care to the men in detention at Adelanto. Meanwhile, at GEO Group’s only other California-based immigration detention facility in Bakersfield, a pregnant woman tripped and miscarried last month after GEO shackled her in violation of federal guidelines.


RACISM IN THE TEXAS COUNTY WHERE SANDRA BLAND DIED MYSTERIOUSLY IN A JAIL CELL

Recently released jail video and dash cam arrest footage further complicate the mystery of how Sandra Bland, a black woman on a road trip to start a new job at Prairie View A&M University, ended up dead in a jail cell in Waller County.

The history of racial prejudice in Waller County does not prove anything—one way or the other—about Sandra Bland’s death. Yet, it should not be disregarded either.

The Atlantic’s David Graham has more on Sandra Bland’s death and racism in Waller County. Here’s a clip:

Statewide, stops and citations for black people in Texas are actually lower than their share of the overall population, and the same holds true for stops by the Waller County sheriff and police in the towns of Hempstead and Prairie View.

But this might be one of the few areas where there isn’t evidence of racially disparate outcomes in Waller County, a place with a grim history of discrimination and tension—“racism from the cradle to the grave,” as DeWayne Charleston, a former county judge, put it to The Guardian.

The history is especially painful because Waller County was for a time a beacon of black progress. During Reconstruction, an office of the Freedmen’s Bureau opened in the county seat of Hempstead, and federal troops—including, for a time, some commanded by George Custer—occupied to keep the peace. Not coincidentally, the Ku Klux Klan also set up shop. Nonetheless, Hempstead became a locus of black political activity and hosted the Republican Party’s statewide convention in 1875. In 1876, the predecessor of Prairie View A&M was established, and in the 1880 Census, the county was majority black.

But the last two decades of the century saw an influx of white immigrants from Eastern Europe, and that dilution of the black vote, along with the end of Reconstruction, reduced blacks to a minority and slashed their political power. After a 1903 law established “white primaries,” African Americans were effectively shut out of politics—such that in a county with some 8,000 black voters, only 144 Republican votes were cast in 1912, according to The Handbook of Texas. Waller County, as Leah Binkovitz notes, had among the highest numbers of lynchings in the state between 1877 and 1950, according to a comprehensive report by the Equal Justice Initiative.

This may seem like distant history, but it set something of a pattern for the county’s race relations through to the present—and as the events of the last year have made clear, a place’s history is often an effective predictor of how it treats its black residents, from St. Louis County to Cuyahoga County. In fact, the disenfranchisement of black voters in Waller County has continued to be a source of contention.

In 2004, students at Prairie View A&M fought and won a battle over their right to vote in the county…

Read on.

Posted in immigration, juvenile justice, LASD, mental health, race | 14 Comments »

President Obama – Pardons and Prisons….Feds Return Control of CA Prison Health Care at Folsom…Helping Out-of-County Foster Kids Retain Mental Health Care….and Solitary Confinement

July 14th, 2015 by Taylor Walker

OBAMA FOCUSES ON CRIMINAL JUSTICE REFORM AND THE U.S. AS “A NATION OF SECOND CHANCES,” COMMUTES 46 SENTENCES AND WILL VISIT A PRISON

On Monday, President Barack Obama, who has previously faced criticism for seldom granting clemency, announced that he had commuted the sentences of 46 non-violent drug offenders. This brings President Obama’s total number of approved clemency petitions up to 89. To put this in perspective, former President George W. Bush only commuted 11 sentences during his 8 years in office, and Bill Clinton granted clemency to 61 offenders. There are still nearly 8,000 pending clemency petitions.

In a letter, Obama tells those given a second chance, “…it is up to you to make the most of this opportunity. It will not be easy, and you will confront many who doubt people with criminal records can change…but remember you have the capacity to make good choices.”

Neil Eggleston, former Assistant U.S. Attorney and criminal defense attorney, has more on Obama’s new push for criminal justice reform. Here’s a clip:

…federal sentencing practices can, in too many instances, lead nonviolent drug offenders to spend decades, if not life, in prison. Now, don’t get me wrong, many people are justly punished for causing harm and perpetuating violence in our communities. But, in some cases, the punishment required by law far exceeded the offense.

These unduly harsh sentences are one of the reasons the President is committed to using all the tools at his disposal to remedy unfairness in our criminal justice system. Today, he is continuing this effort by granting clemency to 46 men and women, nearly all of whom would have already served their time and returned to society if they were convicted of the exact same crime today…

In taking this step, the President has now issued nearly 90 commutations, the vast majority of them to non-violent offenders sentenced for drug crimes under outdated sentencing rules.

Obama will also become the first sitting president to visit a federal prison when he tours the El Reno prison in Oklahoma next week as part of a VICE special documentary for HBO on mass incarceration. The president, along with VICE founder Shane Smith, will tour the grounds and speak with prison staff, prisoners, and law enforcement officials. Here’s a clip from VICE’s announcement:

Located in central Oklahoma, El Reno is a medium-security facility that houses 1,300 inmates convicted of violating federal law. It was home to Jason Hernandez, a prisoner convicted on drug charges who had his life sentence commuted by Obama in 2013.

The interviews will be part of a documentary looking at the pervasive impacts of America’s approach to crime and imprisonment. The special is the latest in VICE’s ongoing coverage of what has become a major civil rights and reform agenda in the United States.

“There’s an emerging consensus in this country — on both the right and the left — that the way we treat criminal offenders is utterly broken and weakening our society in profound ways,” Smith said. “Visiting El Reno with President Obama — the first-ever visit to a federal prison by a sitting president — will give our viewers a firsthand look into how the president is thinking about this problem, from the policy level down to one on one conversations with the men and women living this reality. It’s going to be fascinating.”

The President says he will also be discussing bipartisan-backed ideas for criminal justice reform in Philadelphia on Thursday. Stay tuned.


CA REGAINS CONTROL OF HEALTH CARE FROM FEDS AT FOLSOM STATE PRISON

After nearly a decade of federal oversight of healthcare in California’s prison system, the state will regain control in Folsom State Prison—the first from the federal receiver overseeing healthcare in California’s prisons, Clark Kelso. Folsom is the first prison to be returned to state control.

Kelso says much progress has been made in Folsom and in other prisons, but U.S. District Court Judge Thelton Henderson says federal oversight will only end after the state has had control of health care in all of its prisons for a full year.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“We’re pleased and ready to start taking back control of medical care,” corrections Secretary Jeffrey Beard said in a statement. “We know that other CDCR prisons are ready to step up in the months ahead and we will continue collaborating with the Receiver’s Office to ensure inmates at all of our facilities receive appropriate health care.”

Don Specter, director of the Berkeley-based Prison Law Office that represents inmates in the lawsuit, said it’s good that care has improved at Folsom, but attorneys will continue monitoring.

“One of the things I’m most concerned about is whether the state has reformed its processes so that all the improvements that the receiver has made over the last 10 or so years are sustained,” Specter said.

Kelso reported in March that conditions statewide have substantially improved, though some prisons are doing better than others and more work remains to be done statewide.

Under the judge’s rules, Kelso could retake control of a transferred prison if conditions decline, but the goal is for the receiver to eventually monitor rather than run the health care system.


FOSTER KIDS MOVED AWAY FROM THEIR HOME COUNTIES SUFFER LONG DELAYS FOR MENTAL HEALTH CARE

When foster kids are transferred out of their home counties, they face months-long interruptions in much-needed mental health services. The problem is that, under current law, instead of following the kids, the responsibility (and funding) to provide mental health treatment remains with their home county.

A California bill, which would ensure foster kids transferred outside of their home counties receive continued mental health services in their new counties, will be heard California Senate Health Services Committee today (Tuesday), after passing out of the Assembly.

The bill, authored by CA Assemblyman Sebastian Ridley-Thomas (D), aims to fix a serious lack of collaboration between departments serving foster kids between counties.

In LA County, 17% of foster kids are in out-of-county and out-of-state placements, in comparison to Alameda and San Francisco—59% and 60% respectively.

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

AB 1299, which was introduced by State Assemblyman Sebastian Ridley-Thomas (D), would require the California Department of Health Care Services (DHCS) to create clear policies to guide the transfer of responsibility for mental health services to a child’s county of residence. The bill would also compel the Department of Finance to establish a system to ensure that counties are fully reimbursed for providing mental health services, during the fiscal year when the services are delivered, by May of 2016.

All California foster youth are eligible for Medi-Cal, the state’s public health insurance program. But under current law, when a foster youth moves to a different county, responsibility for providing mental health services—and any related funding—remains with the county of origin and its network of service providers

As a result, nearly 12,000 out-of-county foster youth—or about one in five of all youth in the state’s child welfare system—are routinely left in limbo, waiting for mental health services that often take months to begin.

A 2011 report from the state’s Child Welfare Council, which is responsible for improving collaboration among child-serving agencies, revealed disparities between children in and out of county who were receiving mental health services. An examination of the data for all 58 counties in California showed that out-of-county youth received fewer average days of mental health outpatient or day services when compared to children with in-county placements (2.3 days versus 2.9).

“Part of the issue is that the counties have been in control of the money up until this point, and the money has not been flowing as it needs to when these kids are moving from one county to another,” said Khaim Morton, chief of staff for Ridley-Thomas. “We want to get to the point where we can collaborate and reach a compromise that will enable more of the money to reach these kids and more swiftly.”

California may once again find itself back in court as part of a class-action lawsuit if there isn’t an agreement soon, according to mental health advocate Patrick Gardner, founder of Young Minds Advocacy Project.

“If there isn’t a solution by the end of the year, either through negotiations under the auspices of the Child Welfare Council or through the work being done in the legislature, a judge is going to have to step in to fix this, because letting this continue is completely unacceptable,” said Gardner.


CA TURNING AWAY FROM SOLITARY CONFINEMENT…SLOWLY

In 2011, California prisoners went on the first of three major hunger strikes over prison conditions and excessive and punitive use of solitary confinement.

Real efforts toward curbing solitary in state prisons began in late 2012. Prison officials reviewed the cases of prisoners in solitary, and released a modest number of long-isolated inmates back into the general population.

But the process has been slow and hard-fought.

In June, six San Quentin death row inmates held in “extreme isolation” filed a lawsuit against Gov. Jerry Brown, CDCR Secretary Jeffrey Beard and San Quentin Prison Warden Ronald Davis alleging cruel and unusual punishment.

The LA Times’ Paige St. John has more on California’s efforts toward limiting the use of solitary confinement. Here’s how it opens:

Even as it prepares for a courtroom showdown over the use of prolonged solitary confinement to keep order in its prisons, California has adopted emergency rules to dial down such isolation.

Inmates may no longer be put in isolation for refusing a cell assignment, for example, one of several prison infractions for which solitary confinement punishment has been reduced or dropped. And those being disciplined with segregation can cut that punishment in half with good behavior.

“This is part of an ongoing evolution in how we manage inmates in segregation,” said Terry Thornton, a spokeswoman for the corrections department. “There will be more changes.”

The new rules went into effect last month, ahead of public hearings scheduled for August. They come atop other changes that have cut the count of California prisoners held in near-constant lockdown from more than 9,800 in early 2014 to just under 8,700 last month.

The revisions also have been made amid an escalating debate over solitary confinement in U.S. prisons, of which California has the largest share.

Advocates for inmates are preparing to release research by a prominent corrections psychiatrist describing a malady he calls “SHU Post-Release Syndrome,” a reference to the Security Housing Unit, California’s name for long-term solitary confinement.

The study documents some of the same psychiatric effects raised last month by U.S. Supreme Court Justice Anthony Kennedy in an unusual opinion in a California death penalty case. He essentially invited a constitutional challenge to long-term isolation and the “terrible price” it extracts.

Posted in CDCR, DCFS, Foster Care, mental health, Obama, prison, Sentencing, solitary, The Feds | No Comments »

Just in Time for Foster Youth….a Former Fed. Judge Sez Her Sentences Were Unfair….Fatal Encounters Between Cops and Mentally Ill….and Poor and Unrepresented in Civil Court

July 1st, 2015 by Taylor Walker

UNIQUE SAN DIEGO PROGRAM GIVES AGING OUT FOSTER KIDS A FAMILY OF VOLUNTEERS TO HELP THEM INTO ADULTHOOD

San Diego-based Just in Time for Foster Youth connects current and recently aged-out foster kids (between the ages of 18-26) with a network of volunteers to lean on, who will teach them and help them grow into self-sufficient young adults.

Foster youth aging out of the system face incredible challenges to finishing school and finding housing and employment. Many end up homeless. Within 18 months of emancipation, 40% of kids end up homeless, and within the first two years, 25% get locked up.

The majority of Just in Time’s volunteers are former foster kids. The hope is that the kids and their mentors form lifelong relationships. Volunteers go shopping with the kids, teach them about budgeting, and give them career advice and other help. The program pays to furnish participants’ first homes, and provides laptops and other important supplies for secondary education.

Leah Burdick founder of the Foster Coalition advocacy group, has more on the program for the Chronicle of Social Change. Here are some clips:

Since 2009, 35 percent of College Bound participants have graduated from college with many still enrolled; a significant achievement given only 1 to 3 percent of former foster youth graduate from college.

Just in Time’s relationship approach is coupled with comprehensive services and training programs to help youth overcome financial emergencies, get established at home and in school and learn valuable life and career skills.

“The need for tangible resources brings the youth to us, but we discovered that it’s the connections to multiple people that really enable self-sufficiency,” said Don Wells, executive director of Just in Time. “We would see kids get scholarships and graduate from college. They were considered success stories; however after they transitioned out of survival mode, past trauma would start coming up for them to deal with.”

Despite having an education, they’d either get a low-paying job or struggle to get a job, Wells said. “Before long they’d be on the verge of homelessness. These kids, like all of us, need multiple people to go to for ongoing advice, guidance, friendship and support.”

Jackie, who did not wish to provide her last name for this article, was placed in foster care at age 16 when social services discovered she was the only caregiver for her single father with advanced Alzheimer’s. After securing her GED, Jackie was accepted into college, but had no furnishings for her new college apartment.

Just in Time volunteers furnished her apartment, and today Jackie participates in their Career Horizons program. One of her mentors, an international marketer, has inspired Jackie to pursue a career in teaching abroad.

“Just in Time really provides a community for us. They get that ‘it takes a village’,” said Jackie.


FORMER FEDERAL JUDGE SAYS MOST OF THE DRUG SENTENCES SHE HANDED DOWN WERE UNFAIR

On Sunday at the Aspen Ideas Festival, Nancy Gertner, a federal judge for 17 years, said that of the 500 decisions she handed down, she believed that 80% of them were “unfair and disproportionate.”

In her speech (video above) Gertner, who is now Harvard faculty, urges the US to treat the War on Drugs like World War II, and focus on the future and reconstruction, instead of punishment.

Conor Friedersdorf has Gertner’s story for the Atlantic. Here’s a clip:

“This is a war that I saw destroy lives,” she said. “It eliminated a generation of African American men, covered our racism in ostensibly neutral guidelines and mandatory minimums… and created an intergenerational problem––although I wasn’t on the bench long enough to see this, we know that the sons and daughters of the people we sentenced are in trouble, and are in trouble with the criminal justice system.”

She added that the War on Drugs eliminated the political participation of its casualties. “We were not leveling cities as we did in WWII with bombs, but with prosecution, prison, and punishment,” she said, explaining that her life’s work is now focused on trying to reconstruct the lives that she undermined––as a general matter, by advocating for reform, and as a specific project: she is trying to go through the list of all the people she sentenced to see who deserves executive clemency.


THE MENTALLY ILL AND DEADLY LAW ENFORCEMENT CONFRONTATIONS

According to an investigation by the Washington Post, so far this year, 124 of the 462 people shot and killed by law enforcement officers were in the middle of a mental health crisis.

Fifty percent of those shootings were by cops in departments that had not provided updated mental health training to their officers.

Fifty percent of the people shot were committing “suicide by cop.” Most of the shootings happened after officers responded to calls for help from family or neighbors who said the person was unstable, not calls about a crime being committed.

More than a fourth of the deaths occurred in California and Texas.

Here are some clips, but read the rest (and watch the video):

Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill.

Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands.

But yelling and pointing guns is “like pouring gasoline on a fire when you do that with the mentally ill,” said Ron Honberg, policy director with the National Alliance on Mental Illness.

Sandy Jo MacArthur is an assistant chief who oversees “mental response teams” for the Los Angeles Police Department, a program considered to be a national model. MacArthur said her officers are trained to embrace tactics that may seem counterintuitive. Instead of rushing to take someone into custody, they try to slow things down and persuade the person to come with them. When possible, a psychologist or psychiatrist is on the scene.

The mentally ill “do not process what is happening like a normal criminal,” MacArthur said. “There’s a lot of white noise in their head.”

[SNIP]

Mental health experts say most police departments need to quadruple the amount of training that recruits receive for dealing with the mentally ill, requiring as much time in the crisis-intervention classroom as police currently spend on the shooting range. But training is no panacea, experts caution.

The mentally ill are unpredictable. Moreover, police often have no way of knowing when they are dealing with a mentally ill person. Officers are routinely dispatched with information that is incomplete or wrong. And in a handful of cases this year, police were prodded to shoot someone who wanted to die.

That was the case with Matthew Hoffman, a 32-year-old white man who had long struggled with mental illness, according to family members. After breaking up with his girlfriend, Hoffman walked up to San Francisco police officers in January outside a police station in the bustling Mission District. He pulled a gun from his waistband, pointed it at the officers and advanced in silence.

The startled officers fired 10 shots, three of which struck Hoffman. They later discovered that his weapon was a BB gun. And they found a note on his mobile phone, addressed to the officers who shot him.

“You did nothing wrong,” it said. “You ended the life of a man who was too much of a coward to do it himself.”

Grace Gatpandan, San Francisco Police Department spokeswoman, said the department offers crisis-intervention training. But those classes are designed primarily to teach officers to handle someone threatening to jump off a bridge, not someone pointing a gun in a crowded tourist area.

“When officers are faced with a deadly situation, when there is a gun pointed at a cop, there is no time to go into mental health measures,” Gatpandan said. “There was nothing we could have done. This is one of those tragedies.”


POOR DEFENDANTS IN CIVIL COURT CASES ARE LEFT TO DEFEND THEMSELVES – HERE’S WHY THERE AREN’T ENOUGH LEGAL AID LAWYERS

In the US criminal justice system, everyone charged with a crime has a right to free legal counsel. But that right does not extend to indigent defendants in civil matters like family court hearings, evictions, and protective orders.

There are not nearly enough legal aid lawyers to help all defendants in civil cases who qualify for legal aid. For every 8,893 poor Americans who qualify for assistance, there is only one lawyer to go around.

Part of the problem is that lawyers and law firms are not donating enough to their state and local legal aid programs. The Am Law 200—the two hundred top-grossing firms—donated less than a tenth of one percent of their revenue on legal aid donations, according to a new report from the American Lawyer. Here’s a clip:

A network of legal service providers who represent the poor for free has arisen to address some of this need, but a lack of adequate public funds and private donations means that, as in Cleveland, more than half of those who seek help are turned away. Put another way, there’s just one legal aid lawyer for every 8,893 low-income Americans who qualify for legal aid, according to the Justice Index, a project of the National Center for Access to Justice at the Benjamin N. Cardozo School of Law. That’s how, in a country with one of the highest concentrations of lawyers in the world, poor people often are forced to navigate the potential loss of their home, their children or their benefits on their own.

The crisis in legal aid isn’t new. What is new is that since the recession, profits and revenue at Am Law 200 firms are healthy again—in many cases, surging. Last year, the collective revenue of these firms passed the $100 billion mark for the first time. Many recorded all-time highs in revenues and profits, and profits per partner at a dozen firms exceeded $3 million. Yet in our analysis—the first time we’ve looked deeply at firms’ legal aid giving—it appears that the most generous firms contribute little more than one-tenth of 1 percent of their gross revenue to groups that provide basic legal services for the poor, and many fall far below that amount. This doesn’t include individual donations by firm lawyers, which isn’t feasible to track. While individual donations are important, institutional giving by law firms is crucial for legal aid groups, those organizations say.

We found that the bulk of firms’ charitable donations are directed to other causes, including clients’ pet charities and well-endowed law schools, records show. At the same time, the percentage of law firm pro bono work aimed at helping the poor is declining. Legal aid advocates, however, are largely reluctant to publicly criticize big firms, because they’re so dependent on the funds they do get from them.

Lawyers and firms, especially America’s biggest and most successful ones, have a special responsibility to do more, some observers say. “A big- firm lawyer ought to care that the justice system is working fairly for everyone,” says John Levi of Sidley Austin, chairman of the board of directors for the Legal Services Corporation, a federally funded nonprofit that is the single biggest source of legal aid funding in the United States. He senses that many big firms could dig deeper into their pockets to support legal aid. “I’m not sure they are,” he says.

David Stern, executive director of Equal Justice Works, a nonprofit that solicits firms to underwrite fellowships for young lawyers to work at nonprofit legal aid groups, says he appreciates the support he gets from big firms, but believes most firms should do more. “When you look at how little they give, it’s pitiful,” he says about law firm giving as a whole. “I have been doing this work for more than 20 years, and I am always astounded by law firms talking about charitable giving from a position of scarcity while their partners are bringing home more than $1 million in profits per partner.”

Posted in Courts, Foster Care, mental health, Mental Illness | 2 Comments »

Oversight of Jail Inmate Health Care Away Might Be Yanked From LA Sheriff’s Department…& Will the Supes Reconsider the High Ticket Jail Building Plan? – UPDATED

June 9th, 2015 by Celeste Fremon



PROBABLE NEW MANAGEMENT FOR LA JAILS’ MEDICAL AND MENTAL HEALTH CARE

Los Angeles County is the only county in the state of California that lets its sheriff’s department run the health care system for its county jails.

At Tuesday’s Board of Supervisor’s meeting, all that may change.

Tuesday is the day when the board will entertain a motion—proposed by supervisors Mark Ridley-Thomas and Mike Antonovich—to take away responsibility for inmate medical care from the sheriff’s department, and to also to snatch the oversight of inmate mental health care from the Department of Mental Health. The two functions are then to be consolidated under the Department of Health Services (DHS), and overseen by the newly created position of “Correctional Health Director” within the DHS.

This new configuration for how LA County looks after the medical and mental health needs of its jail inmates is part of a larger plan that will be officially presented by Interim CEO Sachi Hamai. The plan was created in response to a request from the board back in early March, which asked the CEO and representatives of other county officials to take a look at “the status of jail health services in Los Angeles County,” and to make recommendations about how “the overall quality and delivery of the care provided in the County jails..” could be improved.

In other words, the supes had been aware for a while that the medical and mental health care in the jails sucked, but they wanted to know how much it sucked, and what to do about getting it not to suck.

The conclusion reached by the CEO and her fellow evaluators (which included representatives from the LASD) was that both functions needed to be removed post haste from those who’d been running them in the past. (Although the report said this far more politely.)

We have known for some time that the LA County Department of Mental Health (DMH), along with the sheriff’s department, has been doing a frighteningly lousy job of running the mental health part of the medical system inside our county lock-ups.

(For an idea of how lousy, see the federal investigation that resulted in scathing reports and a still looming federal consent decree.)

But while the mental health situation inside the jails—and the need for mental health diversion—has received a lot of public attention, plain old medical services have not.

And, yet, anecdotal information strongly indicates that matters are not healthy on the medical care side of things either.

For instance, a pattern of problems has shown up in the complaints filed with the ACLU, and in accounts by sources who work inside the jail system and who are troubled by what they see. At WLA we’ve also been getting harrowing calls from inmates inside the jail who describe fairly convincingly how they cannot get basic care and/or medication for very real and often serious medical conditions. So they call us in the hope that somehow we can help them get their needs met.

As legal director of the Southern California ACLU, Peter Eliasberg, put it, “We have every reason to believe that the quality of medical care in the jails is abysmal.”

Yet, it turns out that what reportedly amounts to inadequate medical care (or worse) does not come cheap: A budget of $238 million and over 1,700 budgeted personnel are allocated yearly to the Sheriff’s Medical Services Bureau (MSB).

“There are numerous reasons why these changes make sense including a) the obvious unsuitability of a law enforcement agency for the provision of medical care, b) the well-documented and long-standing failures of DMH to provide appropriate care to inmates with mental illness…” Eliasberg wrote on Monday in a letter to the board.

Time for a change. Good for the supes for calling for it. Lets hope they and the DHS and the LASD follow through and insist on—as they say in the movie script business— a Page 1 rewrite.

More on the jail medical care issue as it unfolds.


UPDATE: After lots of commentary from the audience, including people who won Tuesday the motion passed unanimously.



AND WHILE THEY’RE TALKING ABOUT JAILS, HOW MUCH WILL THE LA COUNTY SUPES CONSIDER SCALING DOWN THE MEGA BUCKS JAIL BUILDING PLAN ON TUESDAY?

Likely the presentation that will make the biggest splash at Tuesday’s LA County Board of Supes meeting will be the powerpoint of the retooled jail building proposal that scales down the nearly $2 billion plus Vanir building plan that was approved in May of 2014, before we had a new sheriff.

Among those presenting the plan will be Sheriff Jim McDonnell, Assistant Sheriff Terri McDonald, Dr. Marvin Southard, of the (possibly soon to be ousted from the jails) Dept. of Mental Health and more.

The group has done some admirable scaling back and rethinking of the number of new beds, (See P. 19 of the report) but will the changes be enough?

Since both Supervisors Hilda Solis and Sheila Kuehl talked about their opposition to the existing plan in their campaigns for office, and Supervisor Mark Ridley-Thomas abstained during the Vanir vote, one presumes there will be some hard and lively questions asked.


UPDATE: Rather than accept the new plan put forth by the Sheriff, et al, a three member majority of the board decided to delay the go-ahead on the revised building plan in order to take a long hard look at how large the new jail really needs to be.

Stay tuned.

Posted in Department of Justice, jail, LA County Board of Supervisors, LA County Jail, LASD, mental health, The Feds, U.S. Attorney | 9 Comments »

Bills to Curb Drugging of Foster Kids Clear CA Senate…Veteran’s Court Makes Vets Feel at Home…LA FBI Agent Indicted…and More

June 5th, 2015 by Taylor Walker

PACKAGE OF BILLS TARGETING OVER-DRUGGING OF CA’S FOSTER KIDS MOVES ON TO STATE ASSEMBLY

On Wednesday, the California Senate approved a package of four California reform bills addressing over-drugging in California foster care system. The bills have bipartisan support, and have a good chance of making it through the Assembly and onto Governor Jerry Brown’s desk. But a price tag of between $8-$22 million may be a tough sell for the governor.

Among other changes, the bills, authored by Sens. Holly Mitchell (D-Los Angeles), Jim Beall (D-San Jose), and Bill Monning (D-Carmel), would require state-wide data-tracking on the prescribing of psychotropic drugs and other potentially harmful drugs to foster kids, as well as restrict how juvenile courts authorize such medication, set up a system of nurses to monitor the kids who are medicated, and push doctors to choose non-medical treatments before psychiatric drugs.

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

The newspaper’s investigation found the powerful medications, which can cause debilitating side effects, are often prescribed to control troubled children’s behavior. But the bills, approved unanimously in the state Senate on Thursday, would improve how the state’s juvenile courts approve prescriptions; create new training programs; expand the ranks of public health nurses; and require ongoing reporting of how often foster children are being medicated.

Social workers would be alerted when kids receive multiple medications or high dosages and when psychiatric drugs are prescribed to very young children. And residential group homes, where prescribing is typically the highest, would be more closely monitored and subject to corrective action.

“The Senate has sent a clear message: The system must never permit powerful psychotropic drugs to replace other effective and necessary treatments,” said Sen. Jim Beall, D-San Jose, who authored the bills along with Sens. Holly Mitchell, D-Los Angeles, and Bill Monning, D-Carmel.

While the legislation faces no formal opposition, some child psychiatrists have expressed concerns that too many new rules could hinder care when access to medication is vital. The bills also carry a multimillion dollar price tag that could threaten their passage if they reach the governor’s desk.


VETERANS COURT BRINGS COMFORT AND FAMILIARITY TO PARTICIPANTS BY ADOPTING MILITARY-INSPIRED PRACTICES

A court in Orange County aims to help, rather than punish, veterans who are often suffering from PTSD, other mental illnesses, substance abuse, or a combination of those issues. The veterans court is modeled after drug courts and offers low-level offenders an alternative to incarceration.

To make the veterans feel more comfortable, the court does certain things military-style, like addressing participants by their rank. Participants receive a mentor (who is also a combat veteran), intensive therapy, substance abuse treatment, and other services they must take advantage of to make it through the program.

The veterans court, one of many cropping up across the nation, believes it has saved $2 million so far in jail and prison expenses since its inception five years ago.

Alisa Roth has more on the program for the Marketplace Morning Report. Here’s a clip:

Castro ended up in the veterans court in Orange County, California, after he got drunk and beat up a worker in a Subway restaurant. He says he doesn’t remember much of what happened, but he woke up the next morning in jail facing a bunch of felony charges.

The veterans court wasn’t his first choice, he says, but it seemed better than prison. And when he started the program, he was pleasantly surprised to find that it felt familiar.

“It was like being in the Marine Corps again,” he says. “They’re watching you … they’re on you.”

The program is modeled on drug courts, so the emphasis is on treatment and recovery rather than punishment. In this case, the court connects clients to existing services, mostly through the Department of Veterans Affairs, and then forces the vets to make use of them or go back to jail. It’s intense: there’s substance abuse treatment, group therapy and individual therapy, plus regular check-ins with the judge and probation officer at court.

“They make you get those demons out,” Castro says. “They make you work, work, work.”

But it’s also supportive.

“What makes this unique,” says Joe Perez, the presiding judge, “is we’re all getting together, trying to figure out what’s the best way to keep this person from coming back.”

In Orange County, one of the ways they try to keep people from coming back is to make court feel like the military. The judge makes references to the military, sometimes addressing clients by their rank.


LA-AREA FBI AGENT ALLEGEDLY GOES ON SHOPPING SPREE WITH $100,000 IN STOLEN DRUG RAID MONEY

A former FBI agent, Scott Bowman, was indicted Wednesday for allegedly stealing more than $100,000 in confiscated drug raid money, and for obstructing justice by falsifying FBI reports to hide his ill-gotten gains. As part of the Gang Impact Team “GIT” in San Bernardino, Bowman carried out state and federal search warrants throughout the Central District of California, seizing and documenting evidence from drug raids.

Bowman allegedly spent the money on two cars plus upgraded equipment, plastic surgery for his wife, and a weekend in Las Vegas at a luxury hotel with his girlfriend.

As an explanation for his increased spending, Bowman allegedly told his fellow agents that he had received an advance inheritance of $97,000 from his sick father.

Here’s a clip from the Dept. of Justice:

The indictment alleges that Bowman used the stolen money for his own purposes, including spending $43,850 in cash to purchase a 2012 Dodge Challenger coupe, $27,500 in cash to purchase a 2013 Toyota Scion FR-S coupe and approximately $26,612 in cash to outfit these vehicles with new equipment including speakers, rims and tires. According to the allegations in the indictment, the defendant also used approximately $15,000 of the misappropriated cash to pay for cosmetic surgery for his spouse, and opened a checking account into which he deposited approximately $10,665 of the stolen funds, a portion of which he used to pay for a weekend stay at a luxury hotel, casino and resort in Las Vegas, Nevada.

According to the indictment, to conceal his misappropriation of the drug proceeds, Bowman allegedly falsified official FBI reports and other records. Specifically, in connection with one of the seizures, Bowman allegedly endorsed an evidence receipt knowing that it did not accurately reflect the amount of cash seized and altered the same receipt by forging the signature of a police detective next to his own.

The indictment further alleges that Bowman made false representations to his colleagues regarding the disposition of certain seized drug proceeds. In addition, Bowman allegedly sent an email to the detective whose signature Bowman had forged setting forth a detailed cover story that the detective should offer if asked about Bowman’s activities with respect to the seized drug proceeds. According to the indictment, Bowman also allegedly provided the detective with a copy of the forged receipt so that the detective falsely could claim the forged signature as his own, if asked.

The Department of Justice Office of Inspector General has investigated this case, and now it is in the hands of prosecutors from the Criminal Division’s Public Integrity Section.


DISCUSSING BLACK-ON-BLACK CRIME

Fusion’s Collier Meyerson has a worthwhile guide to black-on-black crime for those sometimes generality-ridden discussions about crime in predominantly black communities.

Meyerson excerpts articles, research, and statistics to help move the public dialogue away from common myths toward more fact-driven context. Here are some examples:

2. Gun violence in black communities is a matter of public health, and it depends on a variety of structural inequalities.

Jonah Birch and Paul Heideman break it down in Jacobin:

“Research suggests that violent crime rates are driven by a variety of social factors which tend to make American cities particularly prone to gun violence against black residents. Among the most of these factors are very high levels of neighborhood segregation, concentrated un- and underemployment, poverty and a dearth of adequate social services or institutional resources. Fundamentally, gun violence has to be treated like other kinds of public health problems — not as the basis for continuous, empty calls for an introspective discussion about ‘black on black violence.’ And like other kinds of public health disparities, tackling high rates of inter-personal violence requires confronting the social context in which it occurs.”

[SNIP]

5. Crime in black communities and crime committed against black people by the state are not created equal.

Michael Eric Dyson gives a compelling reason: “Black people who kill black people go to jail. White people who are policemen who kill black people do not go to jail.”

“Focusing on black-on-black crime distracts from the current news (the murder case against Slanger, in this instance) that is worthy of discussion and analysis. Worse, it randomly zooms in on one phenomenon — that sometimes black people kill people who are also black — while ignoring the issues that go hand in hand with it. And that’s a lot to ignore. As Ta-Nehesi Coates wrote at the Atlantic in 2014, “The policy of America has been, for most of its history, white supremacy. The high rates of violence in black neighborhoods do not exist outside of these facts — they evidence them.”

Posted in Edmund G. Brown, Jr. (Jerry), FBI, Foster Care, mental health | 6 Comments »

CA Counties “Step Up” for Mental Health Diversion…Jazz Therapy in Jail…and Preschool Savings

May 8th, 2015 by Taylor Walker

LA, OC, OTHER COUNTIES JOIN UNIQUE MENTAL HEALTH DIVERSION INITIATIVE

A new national initiative to divert people with mental illness from jails will connect counties with resources to create concrete action plans and track results.

On Tuesday, the National Association of Counties (NACo), the Council of State Governments (CSG) Justice Center, and the American Psychiatric Foundation (APF) launched the initiative, which will use money from Department of Justice’s Bureau
of Justice Assistance (BJA).

Sheriff’s departments in California counties and across the nation are signing up to participate in the “Stepping Up” initiative, which is intended to be “a long-term, national movement—not a moment in time,” according to organizers.

Here are a few of the areas sheriff’s departments participating in the initiative will focus on:

- Learning from a group of criminal justice, mental health, and substance abuse experts, as well as people with mental illnesses and their families

- Collecting data and using it to assess needs of (and to better serve) people who are both mentally ill and justice system-involved

- Developing, implementing, and thoroughly tracking the progress of a diversion plan involving research-based approaches

Counties that see progress over the next year will be eligible to attend a national summit in the Spring of 2016, after which certain counties with the best diversion results will be selected to receive grant money to expand their efforts.

The LA Times’ Abby Sewell has more on the initiative, and what the LA and OC sheriffs have to say about it. Here’s a clip:

“You will not find a sheriff in this state or this nation who is not struggling with the growing number of people who are mentally ill in our jails,” Orange County Sheriff Sandra Hutchens said at a kickoff event for the initiative in Sacramento….

Los Angeles County Sheriff Jim McDonnell was not present Thursday at the Sacramento event, but said in a previous interview, “Absolutely, we want to be a participant.”

“Jails were not built as treatment facilities with long-term treatment in mind,” McDonnell said. “When you think about a jail environment, it’s probably the worst possible place to house or attempt to treat the mentally ill.”

LA County District Attorney Jackie Lacey has been researching and working on a comprehensive mental health diversion program, and is expected to present the full plan to the Board of Supervisors next month.


A JAZZ SINGER’S MUSIC THERAPY CLASS LIFTS SPIRITS OF WOMEN LOCKED IN SAN FRANCISCO JAIL

After singing three songs to an extremely appreciative crowd of women housed in the San Francisco County Jail last year, cultural anthropologist and jazz singer, Naima Shalhoub, formed a weekly music therapy class to bring a little happiness and hope to the inmates.

The SF Chronicle’s Carolyne Zinko has the story. It’s behind a paywall, but here are some clips:

You don’t need a master’s degree to know that jail inmates are lonely, but during the past year, cultural anthropologist Naima Shalhoub has seen it doesn’t take much, or cost much, to make them feel less isolated and sad.

The difference between happy and unhappy just might be eight minutes. That’s the time it took for Shalhoub, also a jazz artist, to sing three songs on her first visit to a women’s unit at the San Francisco County Jail a year ago, right around Mother’s Day.

“One woman said, ‘I’ve been here two years and this is the happiest I’ve felt,’” she recalled during a visit to the women’s unit on Tuesday. With feedback so powerful, she had to come back, and has taught music therapy classes almost every Friday since.

For this Mother’s Day, Shalhoub went further: She and a four-piece band performed a 45-minute concert in the jail’s E pod on Tuesday, and recorded it before a captive audience of 50 female inmates, a first in the jail’s history.

[SNIP]

“Even though it’s not much to bring music on the inside, it’s a way to learn the day-in, day-out on the inside in the lives of women, and to intervene in their isolation and confinement,” Shalhoub said. “Dreaming about other systems that are restorative is what fuels my passion for this work.”


HOW MUCH COULD CALIFORNIA SAVE BY EXPANDING ACCESS TO PRE-K?

There are 31,500 4-year-olds from low-income households in California that don’t have access to public preschool.

Providing preschool to 31,500 kids—which was included in Governor Jerry Brown’s 2014-15 Budget Act—could save California $820 million per year (at $26,000 per child), according to a new report by ReadyNation.

Heres a clip from ReadyNation:

Long-term savings are substantial. An independent cost-benefit analysis of more than 20 different studies of high-quality state and local preschool programs by the Washington State Institute for Public Policy found that providing high-quality early childhood education can have, on average, a net return of over $26,000 for every child served.

These savings result from fewer placements in special education, less grade repetition, increased lifetime earnings thanks to higher graduation rates, more income taxes collected from those earnings, reduced health care costs, and decreased crime.

In keeping with the promise in the 2014-15 Budget Act, an estimated additional 31,500 preschool slots are needed in order to provide early learning for all low-income 4-year-olds in California. Applying the estimated $26,000 in lifetime net savings per child served by preschool means that serving these children in California would result in savings to our state of close to $820 million for each graduating preschool class.

“When it comes to early education for at-risk youth, the research is clear: investing in our youngest learners now will pay big dividends in the future,” said Moreen Lane, Deputy Director of READYNATION California. “Hopefully, our state legislators and the Governor will agree and fulfill the promise of least year’s Budget Act to make early education available for all low-income 4-year-olds. Smart investments in preschool would be a solid step for our state economy.”

Posted in District Attorney, Edmund G. Brown, Jr. (Jerry), Education, Innocence, LA County Board of Supervisors, LAPD, LASD, mental health, racial justice | 5 Comments »

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

May 1st, 2015 by Taylor Walker

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

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

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

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

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

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

* 100% of families maintained their housing

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

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

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

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

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

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

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


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

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

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

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

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

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

[SNIP]

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

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

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

There’s more, so read the rest.


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

LA County’s Proposed Budget…Feds Investigate SF Jail Abuse Allegations…CA Bill to Reduce Drivers License Suspensions…and Criminal Justice Questions for Presidential Candidates

April 14th, 2015 by Taylor Walker

LA COUNTY’S REFORM-MINDED BUDGET PROPOSAL ALLOCATES MORE $$ TO MENTAL HEALTH DIVERSION, JAIL SERVICES, FOSTER CARE

In a press conference Monday morning, the office of LA County interim CEO Sachi Hamai released the 2015-16 budget proposal.

A spokesman for the CEO emphasized that the new budget is focused on “major programatic reforms, with new positions and funding” going toward “improvements in the criminal justice system, child protection, and improvements in health care delivery.”

Out of $26,923 billion, only an additional 10.2 million is going to mental health diversion, but it’s a big step in the right direction. In June, LA County District Attorney Jackie Lacey is expected to present to the Board of Supervisors her task force’s report on creating a comprehensive mental health diversion plan for the county.

An even larger step is the $66.9 million to fund 542 additional child protection positions, in order to lighten social workers’ cases loads, a crucial move in the name of child safety. Over-stressed social workers are more likely to miss things.

Los Angeles Sheriff Jim McDonnell said in a statement that the proposed budget “provides critically needed resources to support ongoing efforts by the Los Angeles Sheriff’s Department (LASD) to ensure the compassionate treatment of inmates in the nation’s largest jail system, while also continuing to develop smarter justice system approaches to those in our community suffering from mental illness.”

Public budget hearings are slated to begin in mid-May.

The LA County Supervisors are also scheduled to vote today on a motion to institute some additional oversight for probation in the form of an audit.


FBI JOINS THE GROUP OF AGENCIES PROBING REPORTS OF SF DEPUTIES FORCING INMATES TO FIGHT AND BETTING ON THEM

The FBI has initiated an investigation into allegations that four San Francisco deputies forced jail inmates to brawl in gladiator-style fights and placed bets on them. SF District Attorney George Gascon, the SF Police Department, and the sheriff’s department have also launched investigations into the matter. (WLA will continue to track this story.)

KQED’s Alex Emslie has the updated story. Here are some clips:

The four deputies named at the center of an independent investigation initiated by [San Francisco Public Defender] Jeff Adachi remain on paid leave, [SF Sheriff Ross] Mirkarimi said. Their names are Scott Neu, Eugene Jones, Clifford Chiba and Evan Staehely. The law firm representing the deputies did not return a call seeking comment.

The federal inquiry officially started April 3. Special Agent Greg Wuthrich said the FBI investigation is at a very early stage.

“Civil rights allegations are definitely huge for the bureau,” Wuthrich said. “These kind of things, we take very seriously.”

[SNIP]

Adachi said in a statement that he is pleased with the FBI’s involvement and commended Mirkarimi for taking the unusual step of inviting the federal probe.

“Eliminating this sort of brutal and sadistic conduct starts by leading an investigation that isn’t tainted by conflict of interest or misplaced loyalty,” Adachi said. “I look forward to a thorough and fair investigation that includes determining whether additional deputies were aware of the abuse and complicit in their silence. To ensure this never happens again, there must be accountability — not only for the perpetrators, but for those who fail to speak up.”


CA BILL WOULD CUT DOWN ON ALL-TOO-COMMON LICENSE SUSPENSIONS FOR NON-VIOLENT TRAFFIC VIOLATIONS

A new bill by CA Sen. Bob Hertzberg (D-Van Nuys) aims to reduce the number of drivers whose licenses are suspended after failing to pay (often exorbitant) fines for non-violent traffic offenses.

SB 405 follows closely behind a report condemning California’s policing-for-profit system as not unlike the situation in Ferguson, MO. In both places, fines pile on top of fines when a driver is unable to pay a ticket, burying the person (often poor to begin with) under a mountain of debt. And often failure to pay these fines results in a suspended license, which prevents the person from driving to a job to earn money to pay the fines. One in six California drivers have had their licenses suspended, and according to a separate report, nearly half of people whose licenses are suspended lose their jobs.

The bill would reinstate drivers licenses lost due to non-violent traffic infractions, as long as the licensee then paid back the debt through the state’s proposed Traffic Amnesty program.

A New Way of Life Reentry Project, the East Bay Community Law Center, the Lawyers’ Committee for Civil Rights, and Legal Services for Prisoners with Children cosponsored the bill.

Here’s a clip from Sen. Hertzberg’s website:

Hertzberg said suspended licenses can trap the working poor in an impossible situation: unable to reinstate their license without gainful employment and unable to access employment without a license.

“This is a Catch 22 that traps people in a cycle of poverty,” Hertzberg said, pointing to a recent New Jersey study that found that when a license was suspended, 42 percent of drivers lost their jobs. Of those, 45 percent were unable to find a new job. Even accounting for those that kept their job, 88 percent of people with suspended licenses reported a reduction in their income.

In California, the number of licenses suspended during an 8-year period from 2006 to 2013 exceeded 4.2 million. In that same timespan, only 71,000 driver licenses were reinstated.

Under existing law, it is virtually impossible for the driver’s license to be restored until all the unpaid fees, fines and assessments are completely paid. This jeopardizes economic stability in the state, limits the available workforce, and forces employers to bear the cost of replacing workers and finding qualified replacement workers with valid licenses.

In addition to trapping many Californians in a cycle of poverty, the sheer number of suspended licenses poses a threat to public safety. Evidence suggests that when people lose a license for reasons unrelated to safety, they take the suspensions less seriously. According to the National Highway Traffic Safety Administration, at least 75 percent of people who have had their licenses suspended just keep driving – often without insurance.


RADLEY BALKO: CRUCIAL CRIMINAL JUSTICE QUESTIONS WE SHOULD ASK ALL PRESIDENTIAL CANDIDATES

The Washington Post’s Radley Balko has a “quick and dirty” list of important criminal justice reform questions for all presidential candidates.

If you are wondering who has thrown their hat in, thus far, the NY Times has a nice little chart (updated as of yesterday, April 13).

Here are four from Balko’s list, but there are … more where these came from:

The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?

[SNIP]

Several media reports, advocacy groups and judicial opinions (including a recent opinion by Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit) have described an epidemic of prosecutor misconduct across the country. Do you believe there is a widespread problem of prosecutor misconduct in America? Do you believe the federal government has a responsibility to address it?

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.


Posted in Board of Supervisors, DCFS, District Attorney, FBI, Foster Care, jail, Jim McDonnell, Juvenile Probation, LA County Board of Supervisors, mental health, Public Defender | No Comments »

LA Officials to (Belatedly) Crack Down on Over-Drugging LA Kids….A Juvie Lifer Artist…and the Shooting of Walter Scott

April 8th, 2015 by Celeste Fremon



MENTAL HEALTH OFFICIALS TO CRACK DOWN ON OVER-DRUGGING OF KIDS IN COUNTY CARE (UM…THAT WOULD BE NICE.)

In the past year, it has come to light that kids are being over-drugged in many of California’s various foster care and juvenile systems, LA County’s included. Then more recently, we learned that powerful medications are unnecessarily being jammed down the throats of poor kids via the Medicare system. (See here and here and here for some of the latest stories.)

Tuesday, however, there was a piece of good news when the LA Times’ Garrett Therolf reported that Los Angeles County Department of Mental Health officials plan to crack down on doctors who appear to be inappropriately prescribing powerful and dangerous antipsychotic drugs to kids in LA County’s foster care and juvenile justice systems.

The question is, however, knowing the serious dangers posed by overprescribing or wrongly prescribing antipsychotics for children or teenagers, why weren’t the county’s mental health officials paying better attention?

Here’s a clip from Therolf’s story:

Social workers and child welfare advocates have long alleged that the widespread use of the drugs is fueled in part by some caretakers’ desire to make the children in their care more docile. On May 1, the county Department of Mental Health is scheduled to launch a program to use computer programs to identify doctors who have a pattern of overprescribing the medications or prescribing unsafe combinations of the drugs.

Once problematic doctors are identified, the department will recommend that judges no longer approve their prescriptions for youth under court supervision.

Additionally, Los Angeles County mental health workers will fan out across the county to randomly interview children, caregivers and doctors about the reasons behind the prescriptions and how they are working.

The hope is that the in-person reviews will allow the county to go beyond the information doctors submit in their paperwork, offering a more complete picture of the youth’s mental health and whether less-intrusive interventions were used before turning to drugs.

“We know there is really a need to do this,” said Fesia Davenport who was recently named interim director of the county Office of Child Protection, a new agency charged with coordinating services across county departments for abused and neglected children. “Once we start to look at the data I think we’ll identify patterns and really understand why the use of the drugs seems to be high.”

In February, Therolf, writing for the LA Times, noted that “51% of California’s foster youth who are prescribed mental health-related drugs took the most powerful class of the medications — antipsychotics.” (And, of course, Karen de Sá, of the San Jose Mercury News, reported extensively on the over-drugging of foster kids in her multi-part series.)

That 51% figure is deeply concerning..

The risks of using antipsychotics on kids are considerable—except in certain very closely monitored situations. (For further details, read last week’s WLA story by Taylor Walker about the most recent study released showing the disturbing overuse of antipsychotics on Medicaid kids, with California one of the five states studied.)

The crack-down Therolf reports is a very welcome step, albeit distressingly belated. Yet, another underlying issue still calls out to be discussed, namely that, every study we have on the matter shows that most kids who land in foster care or the juvenile justice system, or both, are suffering from high degrees of childhood and adolescent trauma. This kind of toxic stress almost inevitably results in some kind of emotional and/or behavioral symptoms—which are crucial to address. But, in most cases, powerful drugs are neither an appropriate nor safe way to ameliorate and heal these issues.

Of course, real healing of trauma-harmed kids is labor intensive— and cannot be done from the remove at which one can prescribe drugs.

But that’s a discussion for another day.


A JUVENILE LIFER WHO MAKES MEANING WITH ART COULD BE AMONG THOSE GETTING NEW SENTENCE IF SCOTUS AGREES

In 1999, when Kenneth Crawford was fifteen, he was the getaway driver for a brutal murder of strangers. He did not himself beat, rob and shoot Diana Lynn Algar, 39, and her friend Jose Julian Molina, 33, at a campground in Pennsylvania. The admitted killer was an 18-year-old fellow drifter and carnival worker, David Lee Hanley. Nevertheless, Crawford was tried as an adult, and given a sentence of life without parole in a plea bargain to avoid the death penalty, which was still legal for juveniles as the time.

Although nearly all of his upbringing was horrific, Crawford makes no excuses for his involvement in the crime for which he was convicted.

“I was too drunk and full of pills and have only myself to blame,” he wrote to a couple who have befriended him during his time in prison.

The victims “were good people and their families did not deserve the pain and suffering they endured. I have begged the Lord for forgiveness and I believe I have been forgiven. But I will never forgive myself.”

One of the primary ways Crawford, now 31, finds meaning and solace in his life behind bars is painting miniature scenes on fallen leaves he collects. The results are remarkably beautiful.

Crawford is also one of the 2100 inmates given life sentences as teenagers, whose prison terms could possibly be affected when the U.S. Supreme Court deliberates the question, likely in September of this year, of whether their historic ruling of Miller v. Alabama should be applied retroactively. Miller, if you remember, which was presented by civil rights attorney and author, Bryan Stevenson, ruled that mandatory sentences of juvenile life without parole were unconstitutional.

Gary Gately has delved further into Crawford’s story for the Juvenile Justice Information Exchange.

Here are some clips:

Five years ago, Kenneth Carl Crawford III returned to that woods behind his childhood home in Oklahoma, but only in his mind — the only way he can go back now, perhaps the only way he’ll ever go there again in his time on this Earth.

After a storm, he had been gazing at a thick forest about 100 yards away when he noticed a bunch of leaves had blown over the high electric fences topped by razor wire and landed in the prison yard at the State Correctional Institution-Greene, here in the southwest corner of Pennsylvania.

Crawford picked up one of the leaves. “It had been a long time since I had touched a part of a tree, let alone held a piece of it in my hands,” he would write in his journal.

He kept looking at the leaf, mesmerized, nostalgic for so much of a bit of boyhood paradise lost.

Then he took the leaf back to his 8-by-12-foot cell and decided to recapture some of what he missed so dearly — and ultimately painted on it a scene right out of the woods he remembered.

He’s been painting wildlife scenes — and painting them superbly — on leaves ever since.

Crawford, 31, has plenty of time to create his miniature masterpieces. He’s serving a mandatory life-without-parole sentence for his involvement in a double murder at age 15 in 1999.

[SNIP]

Crawford, a lean man with the beginnings of a mustache and beard, calls the Sanfords “Mudder” and “Peepaw.” [The Sanfords are a couple who ran across his art and have gradually befriended him.]

“I’ve had ‘mothers’ and ‘fathers,’ and none of them turned out too well,” he says.

Indeed, his alcoholic father beat him, his brother and his two sisters with extension cords and switches in drunken rages and often left them home alone in their ramshackle trailer with no electricity or heat and little food. And he forced them to tend to his marijuana plants behind the trailer.

Crawford’s mother ran off with one of her boyfriends to work the carnival circuit when Ken was 5…..

When he was 9, Child Welfare Services came to remove Ken and his siblings from their father’s custody — and promised the children their lives would be much better with foster parents.

They weren’t.

Crawford recalls one 400-pound foster father who forced the children to scratch and bathe his legs because he could not reach down to them.

Another foster father showed off Ken’s ability to play football — until he outshone the man’s biological son, at which point the foster father made Ken quit the team.

A third foster father told him he’d be in prison by the time he was 18.

When Ken was 10 and wetting the bed, his foster mother screamed at him and ordered him to strip naked and lie on a towel on the living room floor. As other children in the home laughed, she put a diaper on him and made him wear it to school the next day.

He wet the bed again that night, and she forced him to sleep in the bathtub.

If he could change two things in his life, Crawford says now, he would have never have hung out with David Lee Hanley, and, if it were somehow possible, he would have eluded Child Welfare Services workers.

“If I could go back in time, I would have hid from Child Welfare Services. I should have hid. I shouldn’t have let them find us,” he says.

Speaking of his father’s abuse and neglect, he says: “That’s what we knew. It was nothing out of the ordinary for us. We still had something, and the physical abuse we grew up with I was used to.

“In foster care, it was mental abuse, and the mental abuse was much worse.”

Still, he’s quick to add that he doesn’t blame anybody for the circumstances that led to the double homicides. “I made the choices,” he says.


THE SHOOTING OF WALTER SCOTT

As most of you probably know by now, a 50-year-old black man named Walter Scott was fatally shot on Saturday in North Charleston, S.C., after being stopped for a broken tail light by a white Charleston police officer, Michael T. Slager, 33.

On Tuesday, Officer Slager was charged with murder.

Initially, Officer Slager reported that he made a traffic stop and was in foot pursuit after the subject. Next Slager reported shots fired and that the subject was down. “He took my Taser,” Slager said on the radio. Later, in the police report, Slager stated he had feared for his life because the suspect, Scott, had taken his taser in a scuffle.

However when a video taken by a bystander surfaced, and it told a very different story.

Here’s how the South Charleston Post and Courier describes what is on the video:

The three-minute clip of Saturday morning’s shooting starts [shakily], but it steadies as Slager and Scott appear to be grabbing at each other’s hands.

Slager has said through his attorney that Scott had wrested his Taser from him during a struggle.

The video appears to show Scott slapping at the officer’s hands as several objects fall to the ground. It’s not clear what the objects are.

Scott starts running away. Wires from Slager’s Taser stretch from Scott’s clothing to the officer’s hands.

With Scott more than 10 feet from Slager, the officer draws his pistol and fires seven times in rapid succession. After a brief pause, the officer fires one last time. Scott’s back bows, and he falls face first to the ground near a tree.

After the gunfire, Slager glances at the person taking the video, then talks into his radio.

The cameraman curses, and Slager yells at Scott as sirens wail.

“Put your hands behind your back,” the officer shouts before he handcuffs Scott as another lawman runs to Scott’s side.

Scott died there. [Actually, in the beginning Scott appears to be alive.]

Slager soon jogs back to where he fired his gun and picks up something from the ground. He walks back to Scott’s body and drops the object.

At no time, does Slager or the next officer on the scene, attempt to help the dying Scott, although one of the officers searches him and then eventually feels for a pulse.

According to the Post & Courier, Mr. Scott “had a history of arrests related to contempt of court charges for failing to pay child support. The only accusation of violence against Scott during his lifetime came through an assault and battery charge in 1987″—in other words, 27 years ago, when Scott was 23.

A family member told reporters that Scott likely ran because he didn’t want to be arrested for back child support.

In a statement released Tuesday night, South Carolina Governor Nikki Haley (R) said, “What happened in this case is not acceptable in South Carolina.” Senator Tim Scott (R) said “The senseless shooting and taking of Walter Scott’s life was absolutely unnecessary and avoidable.” Senator Scott said that he would be watching the case closely.

Posted in DCFS, Foster Care, juvenile justice, law enforcement, Los Angeles County, LWOP Kids, mental health, Youth | 7 Comments »

Feds Investigate Rampant Drugging of Poor Children with Antipsychotics

April 1st, 2015 by Taylor Walker

ALARMING NEW FEDERAL REPORT ON DOCS OVER-PRESCRIBING POWERFUL ANTIPSYCHOTIC DRUGS TO CHILDREN ON MEDICAID

A new report from the US Department of Health and Human Services’ Office of Inspector General shines some light on the excessive use of antipsychotic drugs to treat poor children (many of them in foster care) on Medicaid.

Researchers requested records from 2011 on 687 claims in five states: California, Florida, Illinois, New York, and Texas. They received information on 485 of the requests (many of the other records were incomplete or nonexistent). These particular states were chosen because they comprised 39% of all Medicaid payments for antipsychotics.

These “second-generation antipsychotics” (SGAs) are often used to treat schizophrenia, bipolar disorder, and autism-related irritability. Because minimal clinical research has been completed on how the SGAs affect kids, and there are very specific age-ranges approved for use of the antipsychotics, many doctors prescribe these medications for conditions that are not considered medically accepted.

Thus, kids often receive the wrong treatment, are given a dangerous cocktail of psychotropic drugs, and experience severe side-effects (like suicidal thoughts, paranoia, and hallucinations) and other potentially problematic effects like weight gain, none of which are properly monitored.

In 67% of the claims, the researchers found what they call quality-of-care concerns. Just under half of claims showed two or more of these particular concerns.

A whopping 53% of cases were poorly monitored. Kids vital signs and blood pressure were not regularly tracked, they were not checked for involuntary movements, height and weight were not monitored, and doctors did not run lab work to check for liver and blood issues.

In 41% of kids’ records, there was either no explanation as to why the antipsychotics were prescribed, or they were prescribed for an inappropriate reason. In over one-third of cases, these drugs were prescribed to treat conditions listed on the medication’s FDA boxed warning. (An example of this would be prescribing an antipsychotic medication to a child with major depressive disorder, despite an FDA warning label that says the drug may cause suicidal thoughts in children with major depressive disorders).

Other distressing patterns included prescribing kids too many drugs at once (37%), keeping kids on the antipsychotics for too long (34%), giving the wrong dose (23%), prescribing to kids too young (17%), and negative side-effects (7%).

In one particular case, a child diagnosed with bipolar disorder was prescribed six psychotropic drugs at once. Three were antipsychotics. A vague mention of hallucinations was the only explanation for the heavy drugging. The 16-year-old suffered through insomnia, “paranoia, hostility, unstable mood, hallucinations, and suicidal thoughts” as well as significant weight gain, and swelling of the hands and feet. When the teen was taken off these drugs, the originally reported hallucinations vanished.

Only in 8% of the cases were kids’ prescribed these drugs for any of the medically accepted reasons. And of the five states, only New York restricted Medicaid coverage for these drugs outside of medically accepted reasons (unfortunately, 3,366 prescriptions were covered in violation of New York’s policy).

According to the report’s lead investigator, Michala Walker, antipsychotics “should only be used for a medically appropriate reason and, when they’re used, they must be very carefully managed to ensure safety and quality care.”

The report urges the Centers for Medicare and Medicaid Services (CMS) to partner with state medicaid programs to review how antipsychotics are prescribed to children, and to conduct regular reviews of the medical records of medicaid-covered kids prescribed the drugs, and to work with states to come up with ways to boost oversight. CMS has agreed with these three recommendations.

Karen de Sa, who has been doing some powerful investigative reporting on how and why California’s foster kids are so heavily medicated, also reported on this new data.

Posted in children and adolescents, Foster Care, health care, mental health, The Feds | 1 Comment »

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