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Double Charged: CA’s Unlimited Juvie Restitution…Supes Votes Put Off On LASD Citizens Commission & Mental Health Diversion…John Oliver on America’s Prisons….& More

July 22nd, 2014 by Celeste Fremon

The Cost of Court Involvement


WHEN KIDS ARE DOUBLE CHARGED: SHOULD RESTITUTION CHARGES FOR KIDS HAVE A CEILING?

In an investigative series called Double Charged: The True Cost of Juvenile Justice, Youth Radio has looked into some of these suprise costs that suddenly are levied against a kid and his or her parent when that kid finds himself caught up in the juvenile justice system, as the infograpic above shows. (We highlighted an earlier segment here.)

The newest Youth Radio show segment, written and produced by Sayre Quevedo, and co-published by the Huffington Post, looks at how, for many kids in California, in addition to the myriad court and lock-up charges, there is restitution, which can be staggaringly high priced.

Here’s the story:

It is generally agreed that restitution is, in principle anyway, a good and healthy idea for both victims and lawbreakers. For victims, restitution makes up, at least in part, for whatever damage was done them. For lawbreakers it is a tangible reminder that their actions did harm to an actual person or people, and provides them an opportunity to take real world responsibility for their acts.

The principle holds true for juvenile lawbreakers as well as a adults. But when it comes to kids, should there be a limit? States like New York and Missouri say yes. In Missouri caps restitution for juveniles at $4000. New York sets the limit at $1500.

In California, there is no limit—a policy that many juvenile justice activists contend can result in unpayable amounts that do far more harm than good.

Here are some clips:

Ricky Brum stood with one of my producers in an alleyway behind a furniture store in Manteca, California, and to be honest, it was a little awkward. He didn’t really want to be there. Last February, Brum set some cardboard boxes on fire just a few feet away.

“Just that right there,” he said, pointing to a black spot on the pavement. “Just a little burn mark on the floor.”

One match did the trick, said Brum. “Like I just sat there and was like ‘Bam!’”

That “bam” changed Ricky Brum’s life. He was 15 when he set the fire. It was his first time getting in trouble with the law. He was lucky: his charges were reduced to a misdemeanor. Brum went on probation, and didn’t serve any time in juvenile hall.

Brum, and his mom Leanne, thought the worst was behind them. But then, while meeting with their public defender, they found out about restitution.

“We thought it was a joke,” said Leanne Brum.

Sitting at his kitchen table, Ricky Brum flipped through the restitution claim. Even though the fire department report said there was no damage to anything in the furniture store, the owner claimed his entire inventory of nearly 1400 items was smoke damaged.

The bill came out to $221,000….

[SNIP]

Payment is rare. There are no statewide statistics on juvenile restitution, but Youth Radio collected numbers from three of California’s largest counties and found that less than 30% of restitution amounts are paid.

“I think that people recognize there are certain dollar amounts that are not going to be paid at all, ever,” said Roger Chan, who runs the East Bay Children’s Law Offices in Oakland. Juvenile law, said Chan, is about reform, giving young people a chance to start over. However, Chan argues that restitution too often gets in the way because it saddles kids with unreasonably high debt.

“If you order such a huge amount of restitution to a young person who has no ability to pay it, how meaningful is that as a consequence,” asked Chan. “Is that really an effective way for the young person to be rehabilitated and is that really beneficial to victims?”

Chan is trying to change California’s law to let judges consider a kid’s ability to pay. It’s not just for the benefit of young offenders. Chan says it’s for victims too, because when restitution sums are realistic, he says victims are more likely to get paid.


BOARD OF SUPERVISORS’ VOTES PUT OFF BOTH ON MENTAL HEALTH DIVERSION…AND A CITIZENS COMMISSION TO OVERSEE THE SHERIFF’S DEPARTMENT

The members of the LA County Board of Supervisors were originally scheduled to vote on two closely watched motions, but both votes have now been postponed:

First of all there was Supervisor Mark Ridley-Thomas’s motion of last week, which would cause the Supes to allocate at least the beginning sum of $20 million to launch a “coordinated and comprehensive” mental health diversion program in the county. It has been postponed until next Tuesday, July 29. (You can read the motion here.)

The motion has already attracted letters of support from such organizations as the National Alliance for Mental Illness Los Angeles County Council, and others, urging the board to commit the funds necessary to the kind of diversion programming that has been shown to save money—and suffering—in other counties, most notably Miami-Dade.

(We’ll update you on how the vote is looking as we get closer to next Tuesday.)

At the same time, the vote on the motion to create a citizens commission to provide community oversight for the Los Angeles Sheriff’s Department—which is co-sponsored by Ridley-Thomas and Supervisor Gloria Molina—has been put off until August 5.

This column by the LA Times’ Jim Newton looks at topic of the citizens commission, whether is a good idea or not, and whether the motion has a chance of passing.

Here’s a clip from Newton’s column:

The board is split: Ridley-Thomas and Supervisor Gloria Molina have expressed support for the commission; supervisors Don Knabe and Mike Antonovich have indicated their opposition. (Jim McDonnell, leading candidate for sheriff, announced his support for the commission this month; Ridley-Thomas endorsed McDonnell a few days later.)

That leaves Supervisor Zev Yaroslavsky. When we spoke last week, he said he was still pondering the matter, but he’s clearly leaning against it. “I’m reluctant to create structures that have no power and no authority,” he said, adding that such a commission “will ultimately disappoint.”

That may be enough to scotch the idea for the moment, but perhaps not for long. Yaroslavsky is termed out, as is Molina. Molina’s replacement, Hilda Solis, has indicated she supports establishing a commission, so one supporter will arrive as another leaves. More important, the two challengers in a runoff for Yaroslavsky’s seat, former Santa Monica Mayor Bobby Shriver and former state legislator Sheila Kuehl, both told me last week that they too support a citizens commission. So even if Ridley-Thomas falls short this time, his third vote may well be on the way.


JOHN OLIVER ON AMERICA’S PRISON SYSTEM

Almost certainly the year’s best 17 minutes of news and information on the American prison situation was contained in a segment shown on Sunday night on….a comedy show, specifically John Oliver’s new-this-spring Last Week Tonight, on HBO.

Oliver hit nearly all the important points brilliantly and hard—using humor to carry all his sharpest points:

“We have more prisoners than China. China. We don’t have more of anything than China, except of course debt to China.”

“Our prison population has expanded 8 fold since 1970. The only thing that has grown at that rate since the ’70′s is varieties of Cheerios!”

And why has it grown? For a number of reasons, he says.

“…From the dismantling of our mental health system, to mandatory minimum sentencing laws….to, of course, drugs. Half the people in federal prison are there on drug charges. And it counts for a quarter of the admissions to state prisons. And, of course, it’s tricky to know how to feel about this because, on the one hand, the war on drugs has completely solved our nation’s drug problem, so that’s good!

“But on the other hand, our drug laws do seem to be a little draconian and a lot racist. Because while white people and African Americans use drug about the same amount, a study has found that african Americans have been sent to prison for drug offenses up to 10 times the amount—-for some utterly known reason.

From there Oliver brought up the prison system’s reluctance to deal with prison rape, the tidy profit made by prison venders—many of whom have been found to boost their bottom line by horrific cuts to basic services, like…um. food—to the inherent unholy conflict of interest that occurs with prison privatization—and more.

In short, the segment is filled with excellent reporting and commentary combined with excellent comedy, all of which serves to illuminate some crucial issues that many of us are unfortunately too content to ignore. Watch and you won’t be sorry.


NEW WEBSITE URGES LA SHERIFF’S DEPARTMENT MEMBERS TO GIVE $$$ SUPPORT TO LASD 6 CONVICTED BY FEDS OF OBSTRUCTION OF JUSTICE

A new website called Support Our 6 has appeared in the past few days, urging LASD members to give monetary support to the six members of the LA Sheriff department who were convicted earlier this month.

(Although the website mentions Deputy James Sexton, whose trial ended with a hung jury but who is being retried by the government in September, it isn’t clear if he is included in the fundraising efforts.)

The site’s organizers contend that the 2 deputies, 2 sergeants and 2 lieutenants were following lawful orders, which was not at all what the jury concluded.

We don’t yet know who is behind the website, but we’ll let you know when we know more.

In the meantime, the organizers’ POV is presented here.

Posted in Jim McDonnell, juvenile justice, LASD, mental health, Mental Illness, prison, prison policy, race, race and class, racial justice | 14 Comments »

Causes and Collateral Damage of Mass Incarceration, Fewer Kids Dying from Abuse in LA County…and More

May 2nd, 2014 by Taylor Walker

NEW NATIONAL REPORT ON THE U.S. INCARCERATION CRISIS: THE FISCAL, FAMILIAL, AND SOCIETAL COST, AND HOW TO REVERSE THE DAMAGES

On Tuesday we shared an NY Times story about what sparked the United States’ prison crisis, in anticipation of an important 464-page report on the causes and repercussions of mass incarceration over the last 40 years.

On Wednesday the National Academy of Sciences released the extensive report, which analyzes in-depth America’s racially disproportionate incarceration epidemic which has had minimal benefit and has, instead, been disastrously damaging to children, families, and communities.

The Washington Post’s Emily Badger has a breakdown of the report’s findings (complete with helpful graphs). Here are some clips:

…black men younger than 35 without a high school degree are now more likely in America to be imprisoned than employed in the labor market.

These disproportionate impacts extend to their children: As of 2009, 62 percent of black children under 17, whose parents had not completed high school, have had a parent in prison. The same was true for 17 percent of Hispanic children and 15 percent of white children (with similarly educated parents).

Prisoners are more likely to come out of poor communities (and to return to them). This means that communities with the least capacity to absorb former prisoners are home to the largest share of them. This also means that economic, social and political problems tied to incarceration tend to fall on communities that have many other related challenges.

“There is little question,” as the report puts it, “that incarceration has become another strand in the complex combination of negative conditions that characterize high-poverty communities in U.S. cities.”

[SNIP]

That concentrated disadvantage is also passed to the next generation. Research has linked incarceration to frayed relationships between parents and between men and their children. It’s linked to economic distress for families, housing insecurity and reliance on public assistance. Incarceration reduces fathers’ involvement with their children, even after their release from prison, and it undermines their roles as parents and earners. Having an incarcerated father also increases a child’s chances of having behavioral problems, bad grades and lower educational attainment.

[SNIP]

The National Research Council calls for reform on three fronts. On sentencing policy, we could reduce the length of sentences and the harshness of drug laws. With prison policy, we could work to improve the programs and conditions for people serving in prison, while trying to make the consequences of incarceration less harmful on their families and communities on the outside.

There’s also much we could do in the realm of social policy, far beyond the typical reach of the criminal justice system. Given that incarceration has become deeply intertwined with other problems within impoverished communities, policies that reduce school dropout rates, that ameliorate neighborhood poverty or mental illness would also have an impact.

The U.S. also needs to recall principles that have been “notably missing,” in the report’s language, in public discussion of criminal justice policy as incarceration rates have skyrocketed. Namely, these:

Proportionality: Criminal offenses should be sentenced in proportion to their seriousness.

Parsimony: The period of confinement should be sufficient but not greater than necessary to achieve the goals of sentencing policy.

Citizenship: The conditions and consequences of imprisonment should not be so severe or lasting as to violate one’s fundamental status as a member of society.

Social justice: Prisons should be instruments of justice, and as such their collective effect should be to promote society’s aspirations for a fair distribution of rights, resources and opportunities.

Executive director of the Drug Policy Alliance, Ethan Nadelmann, says America must bring down its lock-up rates significantly to “re-join the family of civilized nations”—that we cannot be satisfied with reducing the prison population without solving the underlying issues, or trading our overloaded prison system for excessive supervision. Here’s a clip:

The report calls for a significant reduction in rates of imprisonment and says that the rise in the U.S. prison population is “not serving the country well.” It concludes that in order to significantly lower prison rates, the U.S. should revise its drug enforcement and sentencing laws.

Even as bipartisan support for reducing incarceration grows across the country, I have two fears. The first is that we will succeed in reducing incarceration rates by 10 percent or so over the next few years, pat ourselves on the back, and think enough has been done. The second is that we will reduce incarceration by at least that much but increase by millions more the number of people on probation, parole and otherwise under the supervision of the criminal justice system. Transforming America from a maximum incarceration society to a maximum surveillance society will be a very mixed blessing.

Reducing incarceration involves more than just eliminating mandatory minimum sentences and harsh criminal penalties for nonviolent drug crimes. Removing marijuana from the criminal justice system through responsible regulation and taxation of legal markets would make a meaningful difference. So would ending the criminalization of drug use and possession of all drugs and making a true commitment to treating drug use and addiction as health issues.

Ultimately we need to reduce the role of criminalization and the criminal justice system in drug control as much as possible while protecting public safety and health.


DEATHS FROM CHILD ABUSE DOWN IN LOS ANGELES COUNTY

Child abuse-related deaths in 2012 dropped to the lowest in 25 years in Los Angeles County, while reports of suspected child abuse or neglect increased, according to the latest annual reports by the Inter-Agency Council on Child Abuse and Neglect and Child Death Review Team. (We at WLA hope for a deeper examination of what these numbers mean.)

The reports follow on the heels of the Blue Ribbon Commission’s final recommendations for fixing the county’s dysfunctional Department of Children and Family Services.

The LA Daily News’ Christina Villacorte has the story. Here’s a clip:

“One can conclude that the number of referrals is not indicative of a bigger problem, but indicative of more awareness and better opportunity to help children, protect them and keep them safe,” Inter-Agency Council on Child Abuse and Neglect Director Deanne Tilton-Durfee said.

Even though child abuse deaths dropped nearly 40 percent from 238 in 2011 to 219 in 2012 — the latest data available — gaping holes remain in the county’s safety net for the most vulnerable.

[SNIP]

ICAN’s report comes just a few weeks after the county Blue Ribbon Commission on Child Protection said the system was in a “state of emergency” and called for various reforms.

ICAN’s Child Death Review Team found more than half of the children killed by a parent, relative or caregiver in 2012 were babies who had yet to celebrate their first birthday. Almost all of them were under age 5.

About 60 percent of the homicides were committed by a woman, usually the child’s own mother. In the preceding year, the vast majority of the killers were men.

Most of the children died as a result of inflicted trauma, likely from beatings. A few were drowned or abandoned as newborns. There was a death each from stabbing, strangulation and poisoning.

The team, led by District Attorney’s Family Violence Division chief Michele Daniels and Harbor/UCLA Medical Center pediatrics division chair Dr. Carol Berkowitz, recommended that law enforcement officers responding to domestic violence calls also check on the children in the home.

“Violence between adults impacts children in the home as they are at risk for emotional and/or physical abuse as a result of the violence,” they said.

The team also called for training workers to spot high risk factors when they come into contact with families, including multiple referrals to DCFS, parents or caregivers having a history of being abused themselves, substance abuse, and social isolation.


STATE USING HALF-EMPTY MEDICAL PRISON TO LOWER OVERALL OVERCROWDING AVERAGE

Two weeks ago, Governor Jerry Brown has began the process of releasing certain low-level offenders early in compliance with federal judges’ order to reduce California’s prison population.

The judges’ first population goal for the state was an average of 143% prison capacity by June 30. According to the state’s April status update to the judges, the average prison population has already made it to 141%.

But inmate attorneys say the state is counting beds at a problematic medical prison that is currently half-empty and closed to new admissions. The lawyers say this is a workaround that lets the state leave other facilities at a higher-than-allowed capacity, and asked the judges to remove the facility from the calculated average.

The LA Times’ Paige St. John has this update on California’s continuing prison overcrowding saga. Here’s a clip:

A panel of three federal judges gave California until June 30 to reduce crowding to a statewide average of 143% of what its prisons can hold, the first of a series of increasingly lower population limits. In an April update to the court, lawyers for Atty. Gen. Kamala Harris said the system is now at 141% of capacity.

They reached that average by including 1,500 empty beds at a new medical prison outside of Stockton. The facility is at 47% capacity, and was closed to new medical admissions earlier this year after the death of an inmate and concerns it was poorly run.

In a court motion filed Friday, lawyers from the Prison Law Office representing inmates argue that counting empty cells and medical beds allows California to keep 4,000 more inmates in other prisons than would be permitted.

They have asked judges to calculate the crowding average by looking at only the state’s 33 other prisons. State population reports show 16 of those prisons currently exceed what the court will allow as a statewide average June 30.

There’s more, so read the rest.

Posted in DCFS, Edmund G. Brown, Jr. (Jerry), prison policy, Sentencing, War on Drugs | 2 Comments »

Is America’s Outsized Prison Population Built on a Famous Research Lie?….& More

May 1st, 2014 by Celeste Fremon



AMERICA’S EXPLODING PRISONS & THE GHOST OF OF ROBERT MARTINSON

NY Times economic columnist, Eduardo Porter, has written an interesting story in the paper’s business section that looks at, in the very broadest of terms, how the U.S. came to spend so much money on incarcerating so many of its residents, and the collateral damage that this overreliance on incarceration has produced.

In tracing how we came to our present state of incarceration fever, Porter isolates a famous report published in 1974 by criminologist Robert Martinson, which concluded that efforts at rehabilitating lawbreakers were essentially pointless. Martinson’s paper was such a sensation that it arguably became the primary trigger that turned American policy fundamentally away from any attempt at rehabilitation and toward longer and harsher sentences.

Porter also looks at some recent reports that strongly suggest that reducing incarceration by, say, 20 percent would produce tremendous collateral benefits while not appreciably affecting public safety.

It’s an interesting piece that is well worth your time to read. But one thing I noticed Porter does not write about is the fact that Martinson’s “scientific” conclusions turned out to be false.

More on that in a minute, but first here’s are some clips from Porter’s story:

In 2012, 2.2 million Americans were in jail or prison, a larger share of the population than in any other country; and that is about five times the average for fellow industrialized nations in the Organization for Economic Cooperation and Development.

The nation’s unique strategy on crime underscores the distinct path followed by American social and economic institutions compared with the rest of the industrialized world.

Scholars don’t have a great handle on why crime fighting in the United States veered so decidedly toward mass incarceration. But the pivotal moment seems to have occurred four decades ago.

In 1974, the criminologist Robert Martinson published “What Works? Questions and Answers About Prison Reform.” Efforts at rehabilitation, it concluded, were a waste of time.

“With few and isolated exceptions, the rehabilitative efforts that have been reported so far have had no appreciable effect on recidivism,” he wrote. Standard rehabilitation strategies, he suggested, “cannot overcome, or even appreciably reduce, the powerful tendency for offenders to continue in criminal behavior.”

Crime was rising in the 1960s and 1970s, alarming the public and increasing the risk to politicians of appearing “soft” on crime.

If rehabilitation was out of reach, the thinking went, all that was left was to remove criminals from society and, through harsh sentencing, deter future crime. From 1975 through 2002, all 50 states adopted mandatory sentencing laws, specifying minimum sentences. Many also adopted “three strikes” laws to punish recidivists. Judges lost the power to offer shorter sentences.

And the prison population surged. Four decades ago, the correctional population in the United States was not that dissimilar from the rest of the developed world. Less than 0.2 percent of the American population was in a correctional institution. By 2012, however, the share of Americans behind bars of one sort or another had more than tripled to 0.7 percent.

[SNIP]

Anna Aizer of Brown University and Joseph J. Doyle Jr. of the Massachusetts Institute of Technology found that putting a minor in juvenile detention reduced his likelihood of graduating from high school by 13 percentage points and increased his odds of being incarcerated as an adult by 23 percentage points.

The impact of incarceration on a former inmate’s future life is difficult to disentangle. Still, a report by Mr. Western and Becky Pettit of the University of Washington suggested that serving time reduced men’s hourly wage by 11 percent and annual employment by nine weeks.

More than half of inmates have minor children. Their children are almost six times as likely to be expelled or suspended from school. Family incomes fall 22 percent during the years fathers are incarcerated.

On Wednesday, the National Academy of Sciences is unveiling a report on the causes and consequences of American mass incarceration. On Thursday, the Brookings Institution’s Hamilton Project will present its evaluation, alongside an analysis by Mr. Raphael and Mr. Stoll, which suggests that less imprisonment might not produce more crime.

There’s lots more, specifically about how changes in our policy could save us money, so read the whole thing.

Now back to Martinson and his famous “What Works?” paper. Here’s the story behind the story.

Prior to the publication of Martinson’s “findings,” rehabilitation and improvement was, at least theoretically, a part of American incarceration policy.

Martinson came by his theory through his part in a 1968-1970 survey of 231 smaller studies that looked at the efficacy of offender rehabilitation. Together with two other researchers, Martinson evaluated the many small studies conducted from the late 1940′s into the late 1060′s and drew conclusions, which Martinson then published in 1974.

Although Martinson joined the study after it was already well underway, due to his flamboyant personality, his love of the limelight, and his skill at giving the press pithy conclusions instead of the chronically bloodless academic speak of his fellow researchers, he became the study’s primary spokesperson and interpreter.

At best, the study’s findings were based on methodology that is now viewed as flawed and lacking in sufficient rigor to justify the conclusions reached. And, in the last 20 years, of course, more sophisticated studies have produced plenty of outcomes-based evidence that rehabilitation works. But even at the time, the research that made Martinson famous did not not in fact lead to the conclusions that Martinson represented.

In fact, although the study’s final findings were not ready for publication until 1975, Martinson went ahead and preempted his fellow researchers without their permission, publishing his What Works? paper a year early and with a more dramatic and newsworthy conclusions than the real findings, which were dry and inconclusive, would represent.

Not that the official findings were all that upbeat. Yet they were nowhere near as bleakly definitive as Martinson had portrayed. They stated, “…the field of corrections has not as yet found satisfactory ways to reduce recidivism by significant amounts…”

Yet it was Martinson’s presentation (which came to be viewed as “Nothing Works“) that would gain purchase in both the public and the political consciousness. After Martinson published, other more conservative theorists would follow after, people like John DiIulio and James Q. Wilson, the creator and the main promoter, respectively, of the super-predator theory. An aggressive tough-on-crime policy followed close behind and kept the nation in its grip for nearly the next thirty years.

Interestingly, in 1979, a year before his death, Martinson wrote a new paper in which he recanted his original conclusions as “not correct.” Programs could help, he wrote, but much depended on the conditions in which they were administered.

But it was much too late. The damage had been done. Martinson’s new work was roundly ignored.

If you want to read more about Martinson and the tragic effects of his flawed 1974 publication, you can find some papers on the matter here and here.


TEXAS FOSTER CARE SYSTEM INSTITUTES “TRAUMA INFORMED CARE TRAINING” FOR STAFF AND FOSTER PARENTS

The Texas Department of Family and Protective Services—namely the state’s foster care system—has begun requiring that its foster families certain staff get trained in what trauma does to kids and others. Yes, it’s only a two-hour online training, but it’s a step.

Here’s how Texas DFPS describes the training and the reason behind it. (You’ll note that part of the training is to help the practitioners look at their own possible trauma.)

The Department of Family and Protective Services (DFPS) recognizes the long-term effects of adverse childhood experiences such as child abuse and neglect. The need to address trauma is increasingly viewed as an important component of effective service delivery. The impact of trauma is experienced by children, families, caregivers, and the social service providers who serve them.

DFPS is providing this training opportunity to assist families, caregivers and other social service providers in fostering greater understanding of trauma informed care and child traumatic stress. We hope this will help you understand the effects that trauma can have on child development, behaviors, and functioning, as well as recognize, prevent and cope with compassion fatigue.


AND WHILE WE’RE ON THE TOPIC OF EARLY RELEASE FROM PRISON, CA GOV. JERRY BROWN BEGAN SOME EARLY RELEASES OF SOME NON-VIOLENT PRISONERS TWO WEEKS AGO

Since California’s realignment plan began in October 2011, the politicians and some of the press have wrongly accused the state of letting people out of prison early. County jails have released prisoners early. But the state did not.

Until now.

The LA Times Paige St. John has the details. Here’s a clip:

The state is releasing some low-level, nonviolent prisoners early as Gov. Jerry Brown complies with a federal court order to reduce crowding in its lockups — a turning point in the governor’s efforts to resolve the issue.
Inmates serving time for certain nonviolent crimes are being discharged days or weeks before they were scheduled to go free, a move that Brown had long resisted but proposed in January and was subsequently ordered by judges to carry out.

Eventually, such prisoners, who are earning time off their sentences with good behavior or rehabilitation efforts, will be able to leave months or even years earlier.

Prison workers, inmates’ lawyers and county probation officials said the releases began two weeks ago. Since then, San Bernardino County probation officers said, the number of felons arriving from prison has increased more than two dozen a week, or 30%

[BIG SNIP]

Sentence reductions were among the changes Brown offered to make as he sought two more years to reduce prison crowding to a level the judges deem safe. He wants to meet the jurists’ targets mostly by placing more felons in privately owned prisons and other facilities.

In February, the judges granted Brown’s request and ordered him to “immediately implement” the early releases and add parole options for prisoners who are frail, elderly or serving extended sentences for specific kinds of nonviolent crimes.
Analysts in Brown’s administration initially estimated that about 1,400 prisoners would be freed early over two years by being allowed to shave off as much as a third of their sentences with good behavior.
From prison, they follow the normal path to either state parole or county supervision, depending on the crimes they committed.

“Our first ‘Whew!’ moment was when we realized it was not anybody we wouldn’t [be getting] already,” said Karen Pank, a lobbyist for California’s 58 county probation departments.


Photo from the film 400 Blows by Francois Truffaut

Posted in Foster Care, prison policy, Realignment, Rehabilitation, Sentencing | 3 Comments »

Are We Creating “Monsters?”….Education: The Next Juvenile Justice Reform….A Former “Bad Child” Speaks Out…Oregon Prisons Rethink Their Family Visit Policy

April 21st, 2014 by Celeste Fremon


MAKING MONSTERS: A NEW LOOK AT SOLITARY CONFINEMENT

Beginning on Tuesday, April 22, PBS’s Frontline takes a look at the consequences of the use of solitary confinement in America’s prisons.

In addition to examining the effects that solitary has on prisoners, Frontline looks at what it does for the rest of us. Do we gain anything by imposing this kind of extreme isolation on those whom we lock up? This is a question that is particularly relevant when we isolate prisoners who will one day be released.

Admittedly, the matter of the use of solitary confinement is not simple.

As California in particular has struggled with the hold that prison gangs have on all of our lock-ups, solitary has has been viewed as one way to keep the various gangs’ shot callers from communicating with their troops. (Not that it appears to have worked. But that’s another conversation altogether.)

The truth is, most people in prison eventually will be released, and that includes those in solitary. And even in the cases of those who will never leave prison, do we have the moral and legal right to impose conditions so dehumanizing that they produce mental illness and the disintegration of an individual’s personality?

While the Frontline broadcast doesn’t air until Tuesday, the Atlantic Monthly’s Andrew Cohen has seen it it, and here’s a clip from his musings about what the program presents.

“This is what they create in here, monsters,” one inmate tells Frontline’s reporters. “You can’t conduct yourself like a human being when they treat you like an animal.”

“It’s like being buried alive,” another prisoner says off camera.

Now, every inmate in the history of the world likely has complained about the conditions of his confinement. But the point of the film, I think—and perhaps the best argument against the continued use of solitary—is that regardless of how inmates feel about it, there is no redeemable value to it to the rest of us.

Solitary confinement surely makes prisons safer—that’s the argument wardens use over and over again to justify its continued use. But it also creates or exacerbates mental illness in the men who are condemned to it. And that illness, in turn, pushes inmates in solitary to engage in harmful or self-harming conduct that, in turn, prompts a severe disciplinary response from prison officials.

That, in turn, causes the men to turn deeper into their own insanity. And then these broken men are released back into the world without adequate mental health treatment or “step down” services that will help reduce their chances of recidivism. It’s a cycle everyone recognizes but cannot seem to change. It’s madness upon madness.

Adam Brulotte, one of the inmates featured in the film, gets caught in this cycle. He’s a young man who says he wants to study for his GED so he can get a real job, instead of selling drugs, when he is released. Because he has broken the rules, he is placed in isolation. And because he is in isolation, he goes mad. And because he goes mad, he breaks more rules. The prison is safer but we see Brulotte broken before our eyes. If this young man is not treated now, how much will the rest of us pay when he is ultimately released?

Also, on April 29, Frontline begins airing a second documentary that looks at our reliance on incarceration in general.


THE NEXT JUVENILE JUSTICE REFORM: A FOCUS ON EDUCATION

The new study released last week by the Southern Education Foundation looking at how poorly kids are being educated in the nation’s juvenile lock-ups—California’s kids priminently listed—has been stiring up a lot of well-deserved attention. (We linked to the study last week here.)

Among the commentary the study stimulated was Sunday’s New York Times editorial stating that education should be the next area of focus for juvenile justice reform. While the essay is slightly clumsy in places, its primary point is an important one. Here’s a clip:

…It is a mistake to assume that all children held in juvenile facilities represent “hard cases” beyond redemption. Indeed, a new study, by the Southern Education Foundation, a nonprofit group based in Atlanta, shows that nearly two-thirds of the young people who were confined in 2010 were confined for nonviolent offenses.

[EDITOR'S NOTE: Even those kids who are in for violent offences, do not represent "'hard cases' beyond redemption. Good grief, NYT Ed Board! What are you thinking??]

Moreover, disproportionate numbers of these young people have special needs. Federal data from 2010 show that 30 percent had learning disabilities, 45 percent had problems paying attention and 30 percent had experienced physical or sexual abuse. It should come as no surprise that most of the young people entering juvenile residential institutions are behind in reading and math.

These children do not get the attention in school that they need to succeed and get even less of it in juvenile justice facilities. A federal study showed that in 2009, fewer than half of students in state juvenile justice programs earned even one course credit and that fewer than one in 10 earned a high school diploma or a G.E.D. This makes it unlikely that most of them will succeed at school once they are released and more likely that they will get in trouble again.

The good news is that it is possible to create strong schools inside juvenile facilities that actually help the most troubled children. This can be done by improving coordination between the public schools and the juvenile justice system. States can also seek to emulate models like the one used at the Maya Angelou Academy in a juvenile facility in the District of Columbia, which hires talented teachers with high expectations, uses individualized instruction to meet particular student needs and weaves special education services throughout its lessons.

It is also good news that, while it has a long way to go, LA County Probation and its partner in the matter, The Los Angeles County Office of Education, has taken important steps forward in instituting some new and effective educational programs in some of its juvenile probation camps, and it is expected to take still more steps in the fall.

More on all that soon.


CAN A CHILD BE BORN BAD?

Juvenile justice advocate, Xavier McElrath-Bey, was sentenced to 25 years in prison at age 13 after he was involved in a gang-related murder. In this recent TEDX talk at Northwestern University he discusses his early life, the physical abuse by his father, worse abuse by his step father, his mother’s mental illness, the horror of his foster care placement that should have provided safety, and his eventual path to a string of criminal convictions, involvement in a murder, and prison.

Underneath all his trauma, McElrath-Bey was a smart kid and, at 18, he managed to find enough sense of self to turn his life around when he was inside. By the time he was released at age 26, McElrath-Bey had acquired a degree in social science and a Master of Arts in human services, both from Roosevelt University.

These days, he works for The Campaign for the Fair Sentencing for Youth. And just prior to his new job, McElrath-Bey worked for five years on a clinical research project at Northwestern where he conducted more than 800 clinical field interviews with formerly incarcerated teenagers as part of a longitudinal study of the mental health needs and outcomes of individuals who are locked up for long periods as kids.

He was startled to find how similar the backgrounds of those in the study were to his own. Kids “who had been virtually abandoned.”

“Despair was the dominant theme of my life and the lives of my friends,” he said. “….It was natural for me to join a gang. …I felt safer in the streets than I did in my home.”

Listen to his story.


OREGON PUSHES INMATE FAMILY VISITS BECAUSE RESEARCH SHOWS—IT WORKS: CONTACT HELPS PRISONERS DO BETTER ON RELEASE

The whole thing started after Oregon Department of Corrections officials read a November 2011 study by the Minnesota Department of Corrections that concluded “visitation significantly decreased the risk of recidivism,” and that “visits from siblings, in-laws, fathers and clergy were the most beneficial in reducing the risk of recidivism…” (Interestingly, visits from ex-spouses, did not have such a positive effect.)

This is not the only such study. For years, research has shown that family contact is one of the most important predictors of who is going to do well on the outside, and who is likely to cycle right back in. But the Minnesota study was a large, new longitudinal study that followed 16,420 offenders from Minnesota prisons between 2003 and 2007, and came up with some significant data. So the Oregon folks paid attention.

Bryan Denson of the Oregonian has more on the story. Here’s a clip:

Oregon Department of Corrections officials read the Minnesota study and were staggered when they crunched the numbers and found that 59 percent of the roughly 14,000 prisoners in their lockups got no visitation.

Officials looked at their own visitation policies, according to spokeswoman Betty Bernt, and asked themselves tough questions: How much of the poor visitation rate was their fault? What were their policies on keeping nuclear families together? What about their policy of not allowing people with criminal backgrounds to visit?

Corrections officials from across the state set up a working group to improve the dismal percentage of inmates connecting with their families.

They recently passed out a survey to a large segment of inmates to help guide ways they could improve visitation. The questionnaire asked them questions about what type of support might be helpful to their transition from prison to home. Responses are due by April 30.

Corrections officials also considered setting up prisoners with trained volunteer mentors and relaxing visitation rules for inmates who are in disciplinary housing units.

They also increased visiting hours and special events. Salem’s Santiam Correctional Institution, for instance, began Thursday visiting hours earlier this year designed for inmates to spend time with their children.

One of the most startling and intriguing things about the way Oregon officials approached the matter was that they aggressively questioned their existing policies rather than assuming that the reasons for the lack of prisoner visits should be laid solely at the feet of the prisoners and their families.

The new programs have not been in place for long enough for Oregon to determine if the family contact will affect prisoners’ outcomes when they are released.

But more prisoners are getting visits from family members. More prisoners are having contact with their children. The first step has been taken.



Solitary photo/Frontline

Posted in crime and punishment, Education, juvenile justice, prison, prison policy, Probation, Sentencing, solitary | No Comments »

Blue Ribbon Commission’s Foster Care Report…Dysfunction-Plagued $840M State Medical Prison…Judge Orders CA to Limit Pepper Spray & Isolation of Mentally Ill Prisoners…LA News Group Backs McDonnell for Sheriff

April 14th, 2014 by Taylor Walker

CALIFORNIA MEDICAL PRISON STRUGGLING WITH STANDARD INMATE CARE STILL CLOSED TO NEW ADMISSIONS

In February, we linked to the LA Times reporter Paige St. John’s story about the shocking conditions inmates endured at California’s newest prison, a medical facility in Stockton. The federal receiver overseeing healthcare in California’s prisons, Clark Kelso, had halted admissions at the California Health Care Facility after an inspection team dispatched by prisoners’ lawyers found inmates in broken wheelchairs, using dirty socks to towel off, and sleeping in feces, among other horrors.

Kelso has not yet lifted the ban on new admissions, saying that the Stockton facility is still not ready.

Paige St. John takes a closer look at conditions within the $840 million medical prison and what it will take to turn things around. Here’s how it opens:

California’s $840-million medical prison — the largest in the nation — was built to provide care to more than 1,800 inmates.

When fully operational, it was supposed to help the state’s prison system emerge from a decade of federal oversight brought on by the persistent neglect and poor medical treatment of inmates.

But since opening in July, the state-of-the-art California Health Care Facility has been beset by waste, mismanagement and miscommunication between the prison and medical staffs.

Prisoner-rights lawyer Rebecca Evenson, touring the facility in January to check on compliance with disabled access laws, said she was shocked by the extent of the problems.

“This place was supposed to fix a lot of what was wrong,” she said. “But they not only were not providing care, but towels or soap or shoes.”

Reports filed by prison staff and inmate-rights lawyers described prisoners left in broken wheelchairs and lying on soiled bedsheets. At one point, administrators had to drive into town to borrow catheters from a local hospital.

Prisoner advocates in January quoted nurses who complained they could not get latex gloves that fit or adult diapers that didn’t leak. The shortages were documented in a report sent to corrections officials in Sacramento.

Even the laundry became a battleground.

Over several months, the warden ordered more than 38,000 towels and washcloths for a half-opened prison housing slightly more than 1,300 men — nearly 30 for each patient.

Even so, prisoner advocates reported, inmates were drying off with socks — or not allowed showers at all. Their towels had been thrown away.

Deborah Hoffman, a spokeswoman for the state Department of Corrections, said problems are unavoidable for any new lockup, and in this case were complicated by the medical prison’s mission.

“It’s not uncommon for new facilities to have stops and starts,” Hoffman said, adding that “it is taking time to work out the bugs.”

But J. Clark Kelso, the court-appointed federal overseer for California’s prison medical system, said the facility’s woes go beyond shortages and missteps.

Speaking outside a March legislative hearing on the prison’s struggles, Kelso said a general apathy had set in with the staff.

“Because these really basic systems weren’t working, everybody kind of went into an island survival pattern,” he said. Adjusting to dysfunction, rather than fixing it, became “how we do things around here.”

The troubles at the new prison outside Stockton reflect the decade-long battle for control of California’s prisons, a system that also is the state’s largest medical care provider.

Read the rest of this complex but worthwhile story.

The above video by The Record of the California Health Care Facility’s dedication ceremony provides an interesting contrast between the prison’s design and original mission, and the current state of mismanagement and dysfunction as reported by Paige St. John.


MORE ON THE BLUE RIBBON COMMISSION’S FINAL REPORT ON THE PLIGHT OF FOSTER CARE IN LA COUNTY

On Friday, we pointed to the Blue Ribbon Commission on Child Protection’s impending report declaring Los Angeles child welfare in a “state of emergency.” Here are a few other items we didn’t want you to miss:

LA Daily News’ Christina Villacorte had this excellent story late last week about the commission’s preliminary report. (The commission will present the final report to the Board of Supervisors on April 19.) Here are some clips:

“The commission believes that there is a state of emergency that demands a fundamental transformation of the current child protection system,” it said in its final report…

[SNIP]

According to the report:

• “The commission heard testimony that infants spend hours on the desks of social workers due to a shortage of foster homes;

• “Many children do not receive the minimally required monthly visits by caseworkers;

• “Many youth reported to the commission that they could not even reach or trust their social worker;

• “Testimony included widespread reports of rude or dismissive treatment, a feeling of re-victimization.”

“In eight months of hearing hundreds of hours of testimony, the commission never heard a single person defend the current child safety system,” it said in its report.

But a spokesman for the county Department of Children and Family Services stressed its social workers are “beyond competent.”

“We save lives every day,” Armand Montiel said in an interview, pointing out DCFS investigates reports of abuse or neglect involving about 150,000 children annually while also serving about 35,000 children who have been taken from their own homes because of abuse or neglect.

He said “very, very few” of the DCFS’s active cases end in tragedy.

Commission chairman David Sanders — who headed the DCFS before becoming an executive at a nonprofit foundation — criticized the county’s child protection system for not having an integrated approach and reacting to crises instead of preventing them.

He urged the board to issue a mandate that child safety is a top priority, and to direct its various departments — DCFS, Sheriff, Public Health, Mental Health, Health Services, Public Social Services, Housing, Probation, Office of Education and various other agencies — to strategize together and blend funding streams, overseen by a new Office of Child Protection with the authority to move resources and staff across relevant departments.

On KPCC’s Take Two, Daniel Heimpel, founder of Fostering Media Connections, also provides some insights into the report and its implications, while while taking a stand for the many DCFS employees doing “good work.” Take a listen.

Among its many recommendations, the commission calls for an independent “Office of Child Protection” to rise above the bureaucracy and coordinate resources and staff across government departments to better serve LA’s most vulnerable.

An LA Times editorial reminds us that this is not a new idea. It is one that has been revisited every year since 2010 by the Board of Supervisors. But nothing has ever come of it. According to the editorial, the Board of Supervisors, creator of the Blue Ribbon Commission on Child Protection, is, itself, part of the problem.


FEDERAL JUDGE ORDERS CALIFORNIA CORRECTIONS DEPT. TO CHANGE ITS USE OF PEPPER SPRAY AND ISOLATION ON MENTALLY ILL PRISONERS

On Thursday, U.S. District Court Judge Lawrence Karlton ruled that California’s use of pepper spray and solitary confinement on mentally ill inmates violates their rights against cruel and unusual punishment. Karlton gave the state 60 days to revise its policies regarding both practices. (Judge Karlton is also a member of the three-judge panel that ordered the state to reduce its prison population.)

The AP’s Don Thompson has the story. Here’s a clip:

[Judge Karlton] offered a range of options on how officials could limit the use of pepper spray and isolation units when dealing with more than 33,000 mentally ill inmates, who account for 28 percent of the 120,000 inmates in California’s major prisons.

The ruling came after the public release of videotapes made by prison guards showing them throwing chemical grenades and pumping large amounts of pepper spray into the cells of mentally ill inmates, some of whom are heard screaming.

“Most of the videos were horrific,” Karlton wrote in his 74-page order.

Corrections department spokeswoman Deborah Hoffman said prison officials are reviewing the order.

Prison officials had already promised to make some changes in how much pepper spray they use and how long mentally ill inmates can be kept in isolation, but attorneys representing inmates said those changes did not go far enough.

Karlton gave the state 60 days to work with his court-appointed special master to further revise its policy for using force against mentally ill inmates.

The inmates’ attorneys and witnesses also told Karlton during recent hearings that the prolonged solitary confinement of mentally ill inmates frequently aggravates their condition, leading to a downward spiral.

Karlton agreed, ruling that placement of seriously mentally ill inmates in segregated housing causes serious psychological harm, including exacerbation of mental illness, inducement of psychosis, and increased risk of suicide.

[SNIP]

Karlton ordered the Department of Corrections and Rehabilitation to develop a plan to keep mentally ill inmates out of segregation units when there is a substantial risk that it will worsen their illness or prompt suicide attempts.

He found that keeping mentally ill inmates in isolation when they have not done anything wrong violates their rights against cruel and unusual punishment. He gave the state 60 days to stop the practice of holding mentally ill inmates in the segregation units simply because there is no room for them in more appropriate housing.


LA NEWS GROUP BACKS JIM MCDONNELL FOR LOS ANGELES COUNTY SHERIFF

The Los Angeles News Group (LA Daily News, Long Beach Press-Telegram, etc.) editorial board has officially endorsed Long Beach Police Chief Jim McDonnell for LA County Sheriff. (It will be interesting to see what the LA Times does.) Here’s a clip:

[The] new leader must be someone with experience running a law-enforcement agency, a clear eye for problems and the credibility to fix them.

Of the seven men running, one has that combination of qualities: Jim McDonnell.

The 54-year-old McDonnell has the most glittering resume, having served as second in command to former L.A. Police Chief Bill Bratton before leaving the L.A. Police Department for his current position as Long Beach police chief.

Beyond that, McDonnell has tackled reforms before. With the LAPD, he was a major force in transforming the force in the wake of the Rampart corruption scandal. In 2011 and 2012, he served on the Citizens’ Commission on Jail Violence that issued a 200-page report detailing more than 60 recommendations for the Sheriff’s Department and its jail division; every other member of the commission has endorsed McDonnell for sheriff.

The five candidates who are veterans of the Sheriff’s Department hierarchy insist the next sheriff will need an insider’s knowledge to be able to quickly identify the trouble spots in the gigantic agency, which boasts 18,000 employees, including 9,000 with deputy badges. But McDonnell makes a good point in response: As an outsider, he told the editorial board, “I think I’ll come in and see things that it’ll take others longer to see.”

He’ll have to live up to that…

Posted in CDCR, DCFS, LASD, Mental Illness, prison policy, solitary, Uncategorized | 3 Comments »

Tricking Teenagers into Breaking the Law, Inmate Allowed to Sue Baca Personally, TX Gov. Perry and PREA, and an ALADS Story Update

April 7th, 2014 by Taylor Walker

RIVERSIDE COUNTY’S PENCHANT FOR UNDERCOVER HIGH SCHOOL DRUG STINGS

In 2012, Jesse Snodgrass, an autistic high school student in Temecula, was pressured into buying $20 worth of marijuana for an undercover officer posing as a new classmate and friend. Jesse—a kid who had no idea how to obtain marijuana before he was ensnared by an undercover sting operation—was thrown into the juvenile justice system.

And Jesse is not the only kid who has been solicited and entrapped by undercover officers posing as high schoolers in Riverside County. Jesse is not even the only special-needs student caught up in one of Riverside Sheriffs’ high school stings.

In an op-ed for the LA Times, Theshia Naidoo and Lynne Lyman (senior staff attorney and California state director for the Drug Policy Alliance, respectively) call Riverside County Sheriff’s Department and school districts to task for the “ill-advised” and harmful use of undercover drug stings in high schools.

Here’s a clip:

…Should we really allow adults to dress up as kids, embed themselves in school classrooms and trick children into breaking the law?

The Riverside County Sheriff’s Department regularly targets high school students, sometimes, as in this case, inspiring crime where it otherwise would not have existed. In the last four years, the department has staged four undercover sting operations in which adult officers, masquerading as high school students, repeatedly pressured students to obtain illegal substances for them. Over the last four years, nearly 100 students, a number of whom were special-needs students, have been arrested.

It is unclear why the Riverside sheriff continues to use this ill-advised strategy, and why area school districts continue to allow it. Such stings have been abandoned by many law enforcement agencies and banned by school districts across the country. The Los Angeles Unified School District hasn’t allowed undercover stings in its schools since 2004, when it concluded that they had the potential to harm students but had not reduced the availability of drugs on campus. The National Assn. of School Safety and Law Enforcement Officials has concluded that undercover high school operations have a high potential for bad outcomes for kids without evidence of corresponding good results for communities.

For a more in-depth account of Jesse Snodgrass’ “entrapment,” Rolling Stone featured an excellent longform narrative by Sabrina Rubin Erdely in their March issue. Here’s how it opens:

Jesse Snodgrass plodded around yet another stucco corner, searching for Room 254 in time for the second-period bell, only to find he was lost yet again. Jesse felt a familiar surge of panic. He was new to Chaparral High School and still hadn’t figured out how to navigate the sprawling Southern California campus with its outdoor maze of identical courtyards studded with baby palm trees. Gripping his backpack straps, the 17-year-old took some deep breaths. Gliding all around him were his new peers, chatting as they walked in slouchy pairs and in packs. Many of their mouths were turned up, baring teeth, which Jesse recognized as smiles, a signal that they were happy. Once he regained his composure, he followed the spray-painted Chaparral Puma paw prints on the ground, his gait stiff and soldierly, and prayed that his classroom would materialize. He was already prepared to declare his third day of school a disaster.

At last, Jesse found his art class, where students were milling about in the final moments before the bell. He had resigned himself to maintaining a dignified silence when a slightly stocky kid with light-brown hair ambled over and said, “Hi.”

“Hi,” Jesse answered cautiously. Nearly six feet tall, Jesse glanced down to scan the kid’s heart-shaped face, and seeing the corners of his mouth were turned up, Jesse relaxed a bit. The kid introduced himself as Daniel Briggs. Daniel told Jesse that he, too, was new to Chaparral – he’d just moved from Redlands, an hour away, to the suburb of Temecula – and, like Jesse, who’d recently relocated from the other side of town, was starting his senior year.

Jesse squinted and took a long moment to mull over Daniel’s words. Meanwhile, Daniel sized up Jesse, taking in his muscular build and clenched jaw that topped off Jesse’s skater-tough look: Metal Mulisha T-shirt, calf-length Dickies, buzz-cut hair and a stiff-brimmed baseball hat. A classic suburban thug. Lowering his voice, Daniel asked if Jesse knew where he might be able to get some weed.

“Yeah, man, I can get you some,” Jesse answered in his slow monotone, every word stretched out and articulated with odd precision. Daniel asked for his phone number, and Jesse obliged, his insides roiling with both triumph and anxiety. On one hand, Jesse could hardly believe his good fortune: His conversation with Daniel would stand as the only meaningful interaction he’d have with another kid all day. On the other hand, Jesse had no idea where to get marijuana. All Jesse knew in August 2012 was that he had somehow made a friend.


APPEALS COURT AFFIRMS THAT INMATE CAN SUE SHERIFF LEE BACA PERSONALLY

In 2006, Juan Roberto Albino was booked into Men’s Central Jail under suspicion of rape. LA County officers placed Albino in general population where fellow inmates beat and raped him under the alleged mistaken belief that he had sexually assaulted a minor. Albino was attacked two more times, and hospitalized.

He asked guards to put him under protective custody on multiple occasions. They refused. Albino is now blind is right eye, deaf in his left ear, and walks with a cane.

Normally, under the Prison Litigation Reform Act, Albino would have to go through the jail’s internal complaint process, but Albino says officers never told him of existing complaint forms or procedures.

In a 9-3 decision, California’s full 9th Court Circuit ruled in Albino’s favor, allowing him to move forward with a lawsuit against LA County and (former) Sheriff Lee Baca.

Courthouse News Service’s Tim Hull has the story. Here’s a clip:

Los Angeles County jail officials ignored an accused rapist’s pleas for protective custody after inmates mistook him for a child abuser and brutalized him, the full 9th Circuit ruled Thursday.

Jailers housed the 5-foot-3, 123-pound Juan Roberto Albino in the general population of a high-medium security housing unit after booking him into the county’s Central Jail on suspicion of rape in 2006.

He was soon beaten, cut and raped by fellow inmates under the allegedly mistaken belief that he had raped a 16-year-old girl. Though charged with rape, Albino had not been arrested for abusing a minor.

Albino allegedly requested protective custody before and after he was attacked, but he said the guards always told him to talk to his lawyer.

The detainee suffered two more attacks in general population after a stay in the hospital. He now has nerve damage on the right side of his face, uses a cane, and can’t hear with his right ear or see with his right eye.

A federal judge awarded the county summary judgment on Albino’s pro se complaint after finding that he had failed to exhaust his administrative options through the jail’s formal complaint process.

Though a three-judge appeals panel affirmed, the 9th Circuit agreed later to consider the issue en banc.

The court revived Albino’s civil rights claims against the county and its sheriff, 9-3, Thursday, finding that guards had neglected to inform him how to file an official complaint…

“Albino was beaten several times and repeatedly complained orally to deputies in the jail, asking repeatedly to be placed in protective custody,” Judge William Fletcher wrote for the majority. “The jail had a manual describing a procedure for handling inmate complaints, but this manual was for staff use only and was not made available to inmates…


AND WHILE WE’RE ON THE SUBJECT OF PROTECTING INMATES FROM RAPE…

An NY Times editorial directs some righteous indignation at Texas Governor Rick Perry’s refusal to comply with the federal Prison Rape Elimination Act.

Here’s a clip:

Mr. Perry’s complaints about the rules are without merit, but the governor wants to show that he’s opposed to federal oversight of any sort. Unfortunately, his cynical stance could prompt state corrections officials to ignore policies that protect inmates from sexual predation. The consequences could be terrible since the Texas system is replete with the sexual violence that prompted Congress to pass this law.

Mr. Perry announced his intention to flout the law in a March 28 letter to Attorney General Eric Holder Jr. He implied that Texas had its own rape-prevention measures and did not need federal oversight. Federal data consistently tell a different story. A 2013 study by the Bureau of Justice Statistics found that Texas had more prison facilities with high rates of inmate-on-inmate sexual violence than any other state.

There are several rules that seem to particularly irk Mr. Perry. One requires states to periodically audit rape prevention programs. Another requires them to certify that their prisons are in compliance. Mr. Perry complains that he couldn’t possibly certify compliance because he can’t audit all of the facilities covered by the law at once. However, the rules make clear that only one-third of the covered facilities need to be audited each year.

Moreover, the Justice Department has explained that the compliance process is flexible — the governor does not have to rely solely on audit data but can take into account internal reports or any other information that could be used to gauge whether the system meets the requirements of the law.

Mr. Perry also takes issue with a provision that sets minimum staffing levels for juvenile facilities so that young people are adequately protected from predators, including those who might be part of the institution’s staff. The levels set in the rules are consistent with those used in a dozen states and are deemed necessary to keep young people safe. The states are not required to reach those levels until 2017.


AN UPDATE ON THE ALADS BATTLE

Last week, we reported on the power struggle between two factions of the LASD deputies’ union, and the $2.5 million in sheriff campaign PAC money at stake.

Finally, last Wednesday, in a welcome moment of sanity, LA County Superior Court Judge James Chalfant has declared the union leaderless until a court hearing on April 17. In the meantime, a panel of three individuals—one from each faction and a neutral party—will make union decisions. (Thank you, Judge Chalfant!)

The LA Times’ Cindy Chang has the story.

Posted in juvenile justice, LA County Jail, LASD, prison policy, School to Prison Pipeline, War on Drugs | 5 Comments »

Judge Says Boy Who Killed Dad Was Denied Rights…… LA’s Lousy System of Panel Attorneys for Kids….DOJ Makes New Ruling to Help Fed Prison Re-entry…& More

March 25th, 2014 by Celeste Fremon

JUDGE SAYS OFFICIALS DENIED TREATMENT FOR BOY WHO KILLED DAD



Former state senator Gloria Romero looks at the new ruling
that she says provides an alarming look at prosecutors’ efforts to railroad 13-year-old Joseph Hall into imprisonment that is purely punitive, where his mental and emotional needs can’t possibly be met. Hall, if you remember, is the 13-year-old boy who, at age 10, killed his abusive neo Nazi father.

Here’s a clip from Romero’s Op Ed for the Orange County Register:

In a ruling hailed as unprecedented in terms of its findings and scope, Administrative Law Judge Paul H. Kamoroff declared that the Riverside County Office of Education denied Joseph Hall, the now-13-year-old boy who killed his abusive, Neo-Nazi father in 2011, of his educational rights while he was detained in Juvenile Hall.

The ruling provides a disturbing, rare glimpse into an otherwise veiled world of the consequences of failing to address the needs of youth with mental health and special education needs in the juvenile justice pipeline.

Judge Kamoroff ordered the Office of Education to immediately renew its search for a residential treatment center for Joseph that is capable of treating disabled children with emotional injury due to abuse. Armed with the judge’s ruling, the Riverside Juvenile Court will be asked to revisit the issue Friday in a proceeding open to the public.

Last October, Joseph was remanded to the California Division of Juvenile Justice to begin a maximum 40-year sentence for the killing. Yet the state Juvenile Justice agency has been deemed incapable of meeting Joseph’s complex mental health needs, and his lawyers filed suit with the California Department of Education, forcing into the public record important evidence they say was concealed by the Riverside Office of Education.

Read the rest to get the whole story.


ANOTHER LOOK AT THE ISSUE OF UNDERPAID PANEL ATTORNEYS WHO MAY MAKE JUSTICE HARD TO FIND FOR THOUSANDS OF LA COUNTY’S KIDS

If you’ll remember, last month the LA County Board of Supervisors voted to have a consultant look at the system in which thousands of LA County kids are represented every year by underpaid “panel attorneys” and the way in which their legals cases often suffer drastically as a consequence.

The issue was this: Every year, LA County processes around 20,000 youths through its juvenile justice system. Of those 20,000, a little over half cannot be represented by a public defender due to some kind of conflict of interest. Those kids are instead handed over to court appointed panel attorneys, who are paid around $350 as a flat fee for the life of the case—no matter how much time the case requires.

While we wait for the report back to the Supes to eventually surface, Gary Cohen writing for the Juvenile Justice Exchange takes a look at the issue and its importance to the health of the county’s juvenile justice system. Here’s a clip:

Antonio was only 14 years old when he was charged with two counts of attempted murder in April 2012. Because of his age and the fact that he had no prior record and because there were strong indications that he didn’t know his much older co-defendant was going to shoot anyone, he seemed to be a strong candidate to be tried in juvenile court.

Inexplicably, his appointed lawyer failed to vigorously fight to have Antonio tried as a juvenile, failed to call witnesses or ask questions at a probable cause hearing where Antonio’s lesser culpability could have been argued and failed to ensure that Antonio’s probation report was accurate and complete, according to interviews and court records.

As a result of this litany of legal missteps, Antonio’s case was sent to adult court — where he suddenly was facing 90 years in prison if convicted.

Such problems are far from unique. Nearly 50 years after the U.S. Supreme Court established the rights of juveniles to have adequate legal representation in a landmark case known as In re Gault, due process rights remain unclear for thousands of indigent juvenile defendants facing felony charges that could lead to years of incarceration.

The problem is particularly serious in Los Angeles County, one of the world’s largest juvenile justice systems, where a controversial low-bid, flat fee compensation system for attorneys representing certain indigent youth raises systemic due process concerns. Under that system, contract attorneys — such as the one who represented Antonio, are paid an astonishingly low fee of $300 to $350 per case, regardless of whether the case involves shoplifting or murder.


AG ERIC HOLDER REQUIRES BUREAU OF PRISONS AND FEDERAL HALFWAY HOUSES TO STEP UP THEIR TREATMENT FOR PRISONERS TO FIGHT RECIDIVISM

In a video message released on Monday, Attorney General Eric Holder announced that he will now require Federal halfway houses to meet certain standards in offering rehabilitative programs to inmates in the hope of making a .

Here’ a clip from the DOJ’s press statement:

Touting the most significant drop in the federal prison population in three decades, Attorney General Eric Holder announced a critical new step to fight recidivism. For the first time, the Justice Department, through the Federal Bureau of Prisons, will require all 200-plus halfway houses in the federal system to offer standardized treatment to prisoners with mental health and substance abuse issues. Once fully implemented, following a 30-day comment period, these services will be available to all 30,000 federal inmates who are released through halfway houses each year.

The AP’s has more on the story. Here’s a clip;

Holder said halfway houses will have to provide standardized treatment for inmates with mental health and substance problems.

They’ll also be required to permit cell phone use among inmates, provide transportation so felons can pursue job opportunities and expand access to electronic monitoring equipment.

The changes are intended to cut recidivism rates and help inmates transition back into society.

There are more than 200 halfway houses in the federal system. More than 30,000 federal inmates passed through a halfway house last year.

Most federal offenders spend the last months of their term in a halfway house or under home confinement.


CRITICS ASK IF LAPD CHIEF CHARLIE BECK PLAY FAVORITES WITH NEPHEW OF POPULAR FORMER DEPUTY CHIEF

LA Times Joel Rubin has the story. Here’s a clip:

Shaun Hillmann’s career as a Los Angeles police officer appeared to be over after he was caught on tape outside a bar uttering a racial slur, and later denied it to his superiors.

High-ranking police officials recommended that Hillmann be fired, according to internal LAPD records. A disciplinary board agreed, voting unanimously in January that he should be kicked off the force.
Police Chief Charlie Beck decided otherwise, sparing the career of an officer whose father and uncle worked for the department.

Overruling the board, Beck opted to return Hillmann to duty after a 65-day suspension, according to several sources with knowledge of the chief’s decision. The sources requested anonymity because police discipline matters are confidential.

The head of the Police Commission, which oversees the department, expressed concern about Beck’s decision.

(Read the rest of the story for details of what Shaun Hillman allegedly did that began the chain of events.)

Posted in criminal justice, juvenile justice, LAPD, prison, prison policy, Reentry | No Comments »

Sheriff’s Candidates Wax Progressive at Debate….Tanaka’s a No-Show….Eric Previn Wants 2 be Supe…& More

March 21st, 2014 by Celeste Fremon

SHERIFF’S CANDIDATES GET NOTABLY PROGRESSIVE AND PAUL TANAKA PULLS A LAST MINUTE NO-SHOW AT THE 2ND BIG PUBLIC DEBATE

Mercado La Paloma in South LA was jammed Thursday night as five of the seven candidates running for LA County Sheriff took their seats for the second public debate, and answered questions on such topics as alternative sentencing, building new jails, immigration enforcement, data gathering on stop & frisk, and more—all topics to which the five men gave consistently progressive-leaning answers that featured more agreement than difference.

For instance, the candidates were asked if they were in favor of solving the jail overcrowding problem by building new jails?

By and large they are not. They’d rather manage the jail population by finding appropriate therapeutic housing for the mentally ill who routinely turn up in the jails, and most favored some kind of alternate sentencing and pretrial release.

Bob Olmsted wants to create a special court for the mentally ill.

“We need to free the bed space for those who really need to be locked up,” he said.

“We need community based mental health clinics,” agreed Jim McDonnell.

Jim Hellmold and Lou Vince said no to any kind of jail expansion. “Once we do that, those beds are always going to be filled,” said Vince.

“Community based alternatives can reduce recidivism by ten or twenty percent,” said Todd Rogers and then proceeded to expand enthusiastically on the topic.

The candidates also favored a more appropriate, family-friendly environment for women who are locked up.

“Right now our women are housed in facilities that are intended for men in complete lockdown,” said Hellmold.

All the candidates were roundly in favor of a robust citizen oversight body for the LASD

And so it went on topic after topic. While there were degrees of difference, there was more often agreement that leaned in a distinctly reformist direction.

“They were more progressive in many cases than the majority of the board of supervisors,” said So Cal ACLU legal director, Peter Eliasberg, after the questioning was over. (The ACLU was one of the event’s sponsors.) “For example, there was a real unanimity in the suggestion that LA is incarcerating way too many people. Whereas what appears to be the board’s response, which is to build more jail beds, that’s clearly not what these candidates want to be doing.”


WHILE 5 CANDIDATES OPINED, 2 CANDIDATES WERE MISSING

Two candidates in the field, however, were not available for comment.

Pat Gomez had another event he felt he had to attend so wasn’t able to take part in the debate, but according to Eliasberg, Gomez notified the debate staff a week or two in advance.

Paul Tanaka, in contrast, cancelled “because of a conflict” at exactly 12:37 pm on the day of the event, said Eliasberg.



AND IN RELATED NEWS: AD HOC WATCHDOG ERIC PREVIN RUNS FOR SUPERVISOR

Eric Previn, our favorite ad hoc LA County watchdog, would now like to join the ranks of those he has previously enjoyed hectoring mightily on regular basis.

Hillel Aron (whom we’re happy to note will now be writing full time for the LA Weekly) has the story. Here’s a clip:

Eric Preven isn’t like other gadflies, those full-time roustabouts who skulk the halls of L.A. government making public comment after comment until every bureaucrat is ready to put a gun to his or her head. Preven is different; he’s… well, he’s cleaner. And more normal looking. And: Preven digs up good dirt.

Inspired by something weird that was done to Preven’s mom’s beloved labrador a few years ago (by L.A. County Animal Control), he’s acquired a compulsion to appear each Tuesday to castigate the five powerful members of the County Board of Supervisors, who oversee government programs affecting 10 million people*, control a budget of about $25 billion – and enjoy power and authority virtually unrivaled in California.

They meet Preven with a bitter indifference or, more often, open disdain. But now, the biggest thorn in the Supervisors’ sides is running to replace Zev Yaroslavsky, so he can join the bunch he taunts with surprisingly well-informed criticisms and news scoops.

Here’s Previn in high theatrical form.


CRIMINAL JUSTICE BILLS & BUDGET PRIORITIES TO WATCH in 2014

Californians for Safety and Justice, a non-profit that gives voice to crime victims and brings them together with community leaders, policymakers, law enforcement and more, has created a wish list of 2014 bills and budget priorities to keep an eye on.

Here is a representative sampling of the items on their list:

BILLS

AB 1919 (V.M. Perez) – Increase the Use of Risk Assessments: Research shows that we reduce repeat offenses when people in the justice system are matched with programming and supervision determined by an individual risk and needs assessment. This bill will encourage counties to use a validated risk and needs assessment for people in their local justice system.

AB 2612 (Dababneh) – Increase Access to Drug Treatment Programs: Nearly two-thirds of all jail inmates suffer from a substance abuse disorder, and, if unaddressed, such disorders drive criminal behavior. With the implementation of the Affordable Care Act, California has an opportunity to increase the use of federal Medi-Cal dollars to fund drug treatment programs as an effective alternative to warehousing people in jails. This bill would address existing barriers to increased placement in residential programs.

SB 466 (DeSaulnier) – Creating the California Institute for Criminal Justice Policy: This bill would create a nonpartisan, independent institute to conduct timely research on criminal justice and public safety issues. Its primary responsibility will be creating a Master Plan for California Public Safety based on research and evidence-based practices in the field, and the Institute will also analyze any criminal justice bill to determine its effectiveness, cost-benefit and suitability within the Master Plan.

BUDGET PRIORITIES

Help Crime Victims Recover, Avoid Repeat Victimization by Expanding Trauma Recovery: Victims often experience long-term effects, including trauma and mental health conditions. Left unaddressed, these conditions can impact victims’ ability to recover and may lead to financial problems, mental health issues, substance abuse, depression and further victimization. The existing system can be confusing to access and often only offers short-term support. The Trauma Recovery Center model takes a holistic approach to healing the person in a welcoming and safe environment that provides long-term support.

Improve the Outcomes for Women and Families via Alternative Custody Programs: Research has shown that women in the justice system who maintain a relationship with their children are less likely to reoffend, and their children are less likely to suffer trauma and to be incarcerated as adults. By implementing programs that allow women who have committed nonviolent, non-serious to serve their time in alternative custody programs, we can reduce crime and population pressures on prisons and jails.

Ensure Structured Reentry to Reduce Recidivism by Expanding Split Sentences: The first few weeks an individual is released from prison or jail is a crucial time. Structured reentry, through the use of reentry services and supervision, can reduce the likelihood of reoffending and increase public safety. Under Public Safety Realignment, some people are serving their entire sentence in jail and have no support or supervision upon release. By making split sentences the default (unless a judge rules otherwise out of the interest of public safety), we can ensure individuals have a more effective reintegration into the community.

Reduce Jail Pressures, Costs by Incentivizing the Use of Pretrial Programs: Using jail space to house low-risk people awaiting trial is expensive and paid for public safety. For low-risk people not yet convicted of a crime, evidence-based pretrial programs can increase court appearances, reduce recidivism and save valuable public safety dollars.

Click here for the rest..


TREATING PREGNANT WOMEN IN CALIFORNIA PRISONS

Dr. Corazon Navarro has been treating pregnant state prison inmates since 1987. She is the OB/GYN at the California Institute for Women in Chino.

In KPCC’s First Person project, Navarro tells about her work and what she loves about it.


Posted in 2014 election, immigration, LA County Board of Supervisors, LASD, pretrial detention/release, prison, prison policy, Realignment, Sentencing | 22 Comments »

Big Problems With Idaho’s Private Prison…. A New Sheriff Candidate Debate!….CA Needs Sentencing Reform…Out of Control Prosecutors…..& Paul Tanaka Has a Plan – UPDATED

March 11th, 2014 by Celeste Fremon


FEDS INVESTIGATE AWFUL PRIVATE IDAHO PRISON (ARE YOU LISTENING CALIFORNIA??)

The FBI has launched an investigation into Idaho’s largest and most violent prison, a for profit facility run by the private prison behemoth, Corrections Corporation of America—or CCA. The chronically understaffed prison has a reputation for being so out of control that inmates reportedly call it “Gladiator School.”

The facility got bad enough under CCA’s management that, in January of this year, Idaho decided to take back oversight of the place.

And now the FBI is stepping in.

It is sobering to note that California also contracts with CCA. Right now they house approximately 8000 of our state’s inmates, with that number scheduled to rise, making us CCA’s second largest customer.

Rebecca Boone of the Associated Press has the story on this latest CCA scandal Here’s a clip:

The Nashville, Tenn.-based CCA has operated Idaho’s largest prison for more than a decade, but last year, CCA officials acknowledged it had understaffed the Idaho Correctional Center by thousands of hours in violation of the state contract. CCA also said employees falsified reports to cover up the vacancies. The announcement came after an Associated Press investigation showed CCA sometimes listed guards as working 48 hours straight to meet minimum staffing requirements.

[BIG SNIP]

The understaffing has been the subject of federal lawsuits and a contempt of court action against CCA. The ACLU sued on behalf of inmates at the Idaho Correctional Center in 2010, saying the facility was so violent that inmates called it “Gladiator School” and that understaffing contributed to the high levels of violence there.

In 2012, a Boise law firm sued on behalf of inmates contending that CCA had ceded control to prison gangs so that they could understaff the prison and save money on employee wages, and that the understaffing led to an attack by one prison gang on another group of inmates that left some of them badly injured.

The Department of Justice requested a copy of a forensic audit done for the Idaho Department of Correction earlier this year. That audit showed that CCA understaffed the prison by as much as 26,000 hours in 2012 alone; CCA is strongly contesting those findings. CCA’s Owen has said the company believes the audit overestimates the staffing issues by more than a third.


VAN NUYS HOSTS FIRST SHERIFF’S CANDIDATE’S DEBATE ON WED. NIGHT, MARCH 12

The debate will take place this Wednesday night starting at 7:00 pm.

It will be held at the Van Nuys Civic Center, at 6262 Van Nuys Blvd., on the ground floor of the building.

The only candidates for LA County Sheriff who are, at the moment, not coming are Assistant Sheriff Jim Hellmold and former undersheriff Paul Tanaka.

Perhaps that will change. Let us hope so.

UPDATE: Paul Tanaka is now confirmed and, with luck, they’ll also get Hellmold. (Note to Jim: Call these people back. Now!)

PS: THIS NEWLY ANNOUNCED VAN NUYS DEBATE IS DIFFERENT FROM THE ACLU/LEAGUE OF WOMEN VOTORS DEBATE that will take place next week on March 20. We’ll remind you again when we’re closer to the date.


CALIFORNIA NEEDS A SENTENCING COMMISSION SEZ THE NY TIMES

We may have modified our Three Strikes statute, and that’s a welcome step, but California still has a great many laws on the books that are not in the best interest of public safety, and which have much to do with why we have been struggling with overcrowded prisons.

The NY Times weighs in on the topic of our need for sentencing reform.

Here’s a clip:

California should move quickly to set up a commission. Over the past few decades, the federal government and about one-third of the states, from Alabama to Washington, have established commissions to address overcrowding and other issues. By using data-based assessments of who is more or less likely to re-offend, they help correctional systems both protect public safety and save money. A 2010 report by the California state auditor estimated that the longer sentences imposed under the three-strikes law will cost the state an additional $19.2 billion.

As important as reducing prison populations is making sure that people don’t go right back in. That will require postprison programs focusing on jobs, housing, and treatment for drug addiction and mental illness. California has budgeted for this as part of a statewide reform initiative, but the money needs to be spent wisely. (A report by the Legislative Analyst’s Office criticized Gov. Jerry Brown’s plan to move prisoners to county jails and private prisons. It said the state should focus on longer-term solutions, like reducing sentences for some crimes and diverting more offenders away from prison.)

Governor Brown, who has thwarted meaningful reform in the past, has begun to show some openness to change — for example, in signing off on parole releases at a far higher rate than any governor in decades…


PROSECUTORS SHOULD FOLLOW THE LAW? A NOVEL CONCEPT?

It is fairly well established that American prosecutors have too much power, and too little accountability.

A 2009 study that looked at the primary causes for wrongful convictions overturned based on DNA evidence found that prosecutorial misconduct was a factor in from 36% to 42% of the convictions. And what happens to those prosecutors whose shaving of the legal dice has resulted in someone doing time for something he or she didn’t do?

For the most part, nothing.

Finally, however, a few judges in various areas of the country are starting to speak out against prosecutorial misconduct. Last year, Alex Kozinski of California’s 9th Circuit did so memorably.

Radley Balko writes for the Washington Post about other judges who have also spoken up—basically saying that prosecutors have to abide by the law.

And how have prosecutors reacted to this criticism? Not well, writes Balko.

Here’s a clip:

….Late last year, South Carolina State Supreme Court Justice Donald Beatty joined Kozinski. At a state solicitors’ convention in Myrtle Beach, Beatty cautioned that prosecutors in the state have been “getting away with too much for too long.” He added, “The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license.”

You’d think that there’s little here with which a conscientious prosecutor could quarrel. At most, a prosecutor might argue that Beatty exaggerated the extent of misconduct in South Carolina. (I don’t know if that’s true, only that that’s a conceivable response.) But that prosecutors shouldn’t suborn perjury, shouldn’t retaliate against political opponents, shouldn’t suppress evidence, and that those who do should be disciplined — these don’t seem like controversial things to say. If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned.

The state’s prosecutors didn’t see it that way.


CANDIDATE FOR SHERIFF PAUL TANAKA RELEASES HIS “POSITIVE VISION” FOR THE LASD

On Monday, former undersheriff Paul Tanaka released his eight topic plan for “changing the direction of the Los Angeles Sheriff’s Department.

The plan divides its recommendations into eight categories: executive staff, accountability, transparency, budget, officer training, patrol, jail operations and crime.

Among its notable points, Tanaka pledges “100% cooperative effort with the Inspector General.” If elected, he also intends to “establish a promotional testing process, which will ensure that only the highest qualified employees are considered – based on experience, knowledge and effort,”

There’s lots more so read the details here.

Posted in 2014 election, Innocence, Paul Tanaka, prison, prison policy, Prosecutors, Sentencing | 12 Comments »

The First Debate Between Sheriff’s Candidates, Rikers Island & Solitary, San Diego Prosecutors Admit to Cheating, Raising $$ for the Sheriff’s Campaigns… & More

March 6th, 2014 by Celeste Fremon


THE ACLU AND THE LEAGUE OF WOMAN VOTERS ANNOUNCE FIRST BIG DEBATE BETWEEN CANDIDATES FOR LA COUNTY SHERIFF, MARCH 20

The first of two debates between the seven men who each hope to be elected LA County sheriff will take place on Thursday, March 20, from 6:30 pm to 9:30 at the Mercado La Paloma, at 355 Grand Street, LA.

(There will be a second debate in the Santa Monica area on Thursday, April 24. Don’t worry. We’ll remind you as the date gets closer.)

The debates are organized and sponsored by the Southern California ACLU and others, and moderated by the League of Women voters.

(It could get crowded, so an RSVP online here is recommended.)

This is the first wide open election for LA County Sheriff in….well….a very, very long time. (The ACLU points out that more Catholic Popes have been selected in the last 80 years than there have been different LA sheriffs.)

We are therefore grateful for these debates that will allow LA County voters to become better informed about their choices.

Happily, all seven candidates have agreed to participate in the debates. This includes: Patrick Gomez, Jim Hellmold, Jim McDonnell, Bob Olmsted, Todd Rogers, Paul Tanaka, Lou Vince

Other debate sponsors are: Dignity Now, The Black Community & Labor Alliance, Justice Not Jails and The Los Angeles Regional Reentry Program


TEENAGERS & SOLITARY ON RIKERS ISLAND

On any given day, around 100 teenagers may be found in solitary confinement at New York’s Riker’s Island. Because Rikers is a jail, not a prison, many of the 400 to 800 16 and 17 years housed inside its walls are there are awaiting trial and are only locked up because they can’t afford bail, writes Trey Bundy for the Center for Investigative Reporting.

CIR has put together an excellent and disturbing multimedia report on the use of solitary on teenagers at Rikers and how the practice stresses adolescents mentally and emotionally sometimes to breaking. Here’s a clip:

There’s not much inside “the box.” Cinder block walls rise up and close in. There’s a bunk, a sink, a toilet and a metal door with a small mesh window. Food comes through a slot. Sometimes, mice and roaches scamper through.

Teenagers kept in the box sometimes hallucinate and throw fits. They splash urine around or smear their blood and shit on the walls. The concrete room gets so hot in the summertime that the floor and walls sweat.

Ismael Nazario’s longest stretch in the box lasted four months. He paced a lot, talking to himself and choking back tears and rage. He tried to block out the screaming of the teenage boys in other jail cells in his unit, but he couldn’t. Sometimes, he would stand at the door of his tiny cell and yell.

“You just get angry with hearing people constantly hollering all day,” he says. “There’s so many people that have been in that cell and screamed on that same gate, it smells like a bunch of breath and drool.”

Nazario is one of hundreds of teenagers sent in recent years to solitary confinement at Rikers Island, the massive jail complex in the middle of New York City’s East River. Teenagers at Rikers call solitary confinement the box: 23 hours a day in a 6-by-8-foot cell.

“There came a time when I cried when I was on Rikers Island, in the box, when I was there by myself,” Nazario says. “There’s times, you know, sometimes you need a good cry.”


SAN DIEGO PROSECUTORS ADMIT TO CHEATING: THE “HOLY SHIT” FACTOR

The Atlantic Monthly’s Andrew Cohen writes about a recent instance when prosecutors in San Diego admitted to cheating. This is a distinctly good news/bad news kind of story—since the admission was so appallingly unusual.

Here’s a clip:

The story of a prosecutor doing an honorable thing, a courageous thing, should not be a news story. It should happen every day. But too often prosecutors do not act honorably. Too often they make mistakes and do not admit them. Too often they cheat, at trial or afterward on appeal, in their zealous attempt to secure or to defend a conviction. And too often our nation’s judges are unable or unwilling to identify these instances to bring a measure of justice to the wrongfully convicted.

So the story of Laura Duffy, the prosecutor, and John Maloney, the wrongfully convicted man, is inspirational. Not because Duffy acted professionally throughout this case—she and her colleagues surely did not. Not because prosecutors promptly acknowledged their error and quickly moved to correct it—they didn’t. But because in the end they did do the right thing.

What we have here, then, is the public acknowledgment by a prosecutor that an injustice was done in a pending case. More than that, we have a glimmer of the process by which this reckoning occurred. This is no small thing. One longtime defense attorney, who has evaluated countless trials including many in which prosecutors engaged in the type of official misconduct we see here, emailed back “Holy Shit” when I wrote to him about the results of this case. That gives you a sense of how remarkable United States v. Maloney turned out to be….

Read the rest.


MORE SHERIFF’S ELECTION NEWS: “INDEPENDENT EXPENDITURE COMMITTEE” IS FORMED FOR SHERIFF’S CANDIDATE JIM MCDONNELL

We know that the seven candidates are each engaged in the difficult but necessary task of fundraising for their respective campaigns.

Jim Hellmold had a big fundraiser on Feb 23 at the Pacific Palms Resort.

Paul Tanaka tweeted photos of volunteers working the phone banks at his headquarters, and hit the fundraising trail over the weekend.

Bob Olmsted is having a fundraiser on March 15.

Todd Rogers just had his fundraiser over the weekend.

Jim McDonnell has a high ticket event planned for tonight.

Pat Gomez asks you to call his campaign office to participate in one of his small private fundraisers.

Lou Vince has taken to social media to ask for donations.

AS OF LAST WEEK, HOWEVER, JIM MCDONNELL will get the benefit of a fundraising committee called an “Independent Expenditure Committee.”

As its name suggests, an Independent Expenditure Committee can’t raise money at the request of a campaign or candidate, or coordinate with a campaign committee.

But on its own, it can raise and spend money in behalf of a candidate. The IEC that has joined together for fundraising purposes in McDonnell’s behalf, includes such members as LA City Council persons Mitchell Englander, Herb Wesson, Nury Martinez, Felipe Fuentes, & Tom LaBonge, former LA mayor Richard Riordan, former chairs of both the Republican and Democratic party in California…plus Supervisor Don Knabe and others.

There may also be other IECs fund raising for other candidates. But this is the first one we’ve seen.

As the election heats up, there may be more.


IS NEW YORK A MODEL FOR FIXING CALIFORNIA’S PRISONS?

Steven E. F. Brown of San Francisco Business Times writes about law professor Jonathan Simon’s claim that California’s eyes should be on NY. Here’s a clip:

Law professor Jonathan Simon at the University of California, Berkeley pointed to prison reforms in the Empire State as a model that should be followed here in the Golden State.

Simon, who teaches an undergraduate course on prisons, wrote on UC Berkeley’s official blog that although New York has a long history of “bad penal policy choices,” it also tends to fix those bad choices more quickly than other states, particularly California.

Even as California Gov. Jerry Brown spars with the federal government over court-ordered changes to the state’s prisons, which are badly overcrowded, New York has moved away from automatic sentencing that overfilled its prisons.

Here’s a link to Simon’s whole essay.


Posted in 2014 election, ACLU, LASD, prison, prison policy, Prosecutors | 40 Comments »

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