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Justice Bills, InsideOUT Writers, Prison Gangs, and More on the Probation Dept. Workers Comp. Fraud

September 19th, 2014 by Taylor Walker

BILLS FOR HOMELESS KIDS, REENTRY SERVICES, AND SAFEGUARDING JUSTICE PROGRAMS ON THEIR WAY TO CONGRESS

Right before the US Senate Judiciary Committee headed into recess, it approved three noteworthy social-justice-related bills.

The Runaway and Homeless Youth and Trafficking Prevention Act, S.2646, would fund housing and “trauma-informed and gender-responsive” services for teens who are homeless or have runaway from home. The bill also aims to increase the time kids are allowed to stay at basic shelters from 21 days to 30 days, as well as require that shelters offer counseling. The bill would also create a fund for young victims of trafficking out of money recovered from sex trafficking sting operations.

The second bill, S.1690, would renew funding to the Second Chance Act at $100 million to pay for developing state and local reentry services for kids and adults.

And the final piece of legislation would change a portion of the Prison Rape Elimination Act. So far, only two states have passed compliance with PREA. (California is not one of them.) States that do not become compliant face a 5% deduction from the federal funding of their prisons. Cornyn’s bill would exempt three programs from the funding fine: the Juvenile Justice and Delinquency Prevention Act, the Violence Against Women Act, and the Edward Byrne Justice Assistance Grants.

The bills will head to Congress once the fall recess has ended, after the November elections.

The Chronicle of Social Change’s John Kelly has more on the bills. Here’s a clip:

The bill, S.2646, extends the maximum stay at basic shelters from 21 days to 30 days. It also requires transitional living program grantees to provide counseling services and aftercare services to participants.

The legislation would also establish a compensation fund for victims of human trafficking. Sen. John Cornyn (R-Texas), speaking at the committee markup of the bill today, said the fund would be paid for with assets recovered in trafficking stings and by increasing financial penalties on federal sex offenders, who Cornyn described as “among the most affluent in the federal system.”

A second piece of legislation passed by the committee today, S.1690, would reauthorize the Second Chance Act at $100 million. Second Chance funds state and local efforts to improve and expand reentry programs for adult and juvenile offenders.

Cornyn successfully attached an amendment to the reauthorization that actually relates to the penalties involved in another federal law, the Prison Rape Elimination Act (PREA)…


INSIDEOUT WRITERS PROGRAM TEACHES LOCKED-UP KIDS HOW TO EXPRESS THEMSELVES

InsideOUT Writers, an anti-recidivism program taught at three LA juvenile detention facilities, has been helping incarcerated kids learn positive self-expression through writing for nearly two decades. (And we’ve written about it here, and here.)

The Juvenile Justice Information Exchange’s Henry Foster Rubenstein had the opportunity to attend several InsideOUT Writers classes where he was able to experience first hand the impact the teachers and writing have on the kids, and the power the kids themselves have to rise above their incarceration. Here’s a clip:

At 9 a.m. the next day, another IOW teacher, Scott Budnick, brings me into his all-boy class, most in for violent crimes. He has taught IOW classes every Saturday morning since 2003. With him that day are two other teachers, Johnny Kovatch and Susy Sobel. The three create a perfect balance of caring nurture and hard-knock love.

Kovatch bounces around the table, pouring out energy and enthusiasm, while Budnick and Sobel bring it all together.

The teachers emphasize the students must express the talent and effort the teachers knew they’re capable of. The atmosphere begins to get aggressive. Unlike the girls’ class the day before, the boys don’t like opening up about their feelings.

But the teachers are ready to make them dig.

“Sometimes I feel that I’ve been a failure so long I can’t succeed, but I know I have to let that pressure out, and not hold it in,” one student says. Each student uses the writing circle to look inside themselves at the decisions and emotions that set them off-course.

Budnick asks the students to share something they got out of the day. Most say the classes give them a chance to vent. One boy says, “Writing makes me not want to care about the bad things anymore,” while another insists, “Writing makes me believe in myself, knowing I can do it!”


THE COMPLICATED AUTHORITY OF PRISON GANGS ON THE INSIDE, AND HOW THEY REGULATE CRIME ON THE OUTSIDE

The Atlantic’s Graeme Wood has an excellent longread about the complex system of inmate gangs that, in addition to their obvious downsides, also provide the function, particularly in the California state prison system, of imposing a kind of order inside the state’s lock ups. Wood’s story looks as well at how the gangs originated, and how they enforce a system of rules for the drug trade on the streets from inside prison walls.

Here’s a clip, but do yourself a favor and read the story in it’s entirety:

…starting in the 1950s, things changed: The total inmate population rose steeply, and prisons grew bigger, more ethnically and racially mixed, and more unpredictable in their types of inmate. Prisons faced a flood of first offenders, who tended to be young and male—and therefore less receptive to the advice of grizzled jailbirds. The norms that made prison life tolerable disappeared, and the authorities lost control. Prisoners banded together for self-protection—and later, for profit. The result was the first California prison gang.

That moment of gang genesis, Skarbek says, forced an arms race, in which different groups took turns demonstrating a willingness to inflict pain on others. The arms race has barely stopped, although the gangs have waxed and waned in relative power. (The Black Guerrilla Family has been weakened, prison authorities told me, because of leadership squabbles.) The Mexican Mafia was the sole Hispanic gang until 1965, when a group of inmates from Northern California formed Nuestra Familia to counter the influence of Hispanics from the south. Gang elders—called maestros—instruct the youngsters in gang history and keep the enmity alive.

What’s astonishing to outsiders, Skarbek says, is that many aspects of gang politics that appear to be sources of unresolvable hatred immediately dissipate if they threaten the stability of prison society. For example, consider the Aryan Brotherhood—a notoriously brutal organization whose members are often kept alone in cells because they tend to murder their cell mates. You can take the Brotherhood at its word when it declares itself a racist organization, and you can do the same with the Black Guerrilla Family, which preaches race war and calls for the violent overthrow of the government. But Skarbek says that at lights-out in some prisons, the leader of each gang will call out good night to his entire cellblock. The sole purpose of this exercise is for each gang leader to guarantee that his men will respect the night’s silence. If a white guy starts yelling and keeps everyone awake, the Aryan Brothers will discipline him to avoid having blacks or Hispanics attack one of their members. White power is one thing, but the need to keep order and get shut-eye is paramount.

Another common misconception about prison gangs is that they are simply street gangs that have been locked up. The story of their origins, however, is closer to the opposite: the Mexican Mafia, for example, was born at Deuel Vocational Institution, in Tracy, California, in 1956, and only later did that group, and others, become a presence on the streets. Today, the relation of the street to the cellblock is symbiotic. “The young guys on the street look to the gang members inside as role models,” says Charles Dangerfield, a former prison guard who now heads California’s Gang Task Force, in Sacramento. “Getting sentenced to prison is like being called up to the majors.”

But Skarbek says the prison gangs serve another function for street criminals. In a 2011 paper in American Political Science Review, he proposed that prison is a necessary enforcement mechanism for drug crime on the outside. If everyone in the criminal underworld will go to prison eventually, or has a close relationship with someone who will, and if everybody knows that gangs control the fate of all inmates, then criminals on the street will be afraid to cross gang members there, because at some point they, or someone they know, will have to pay on the inside. Under this model, prison gangs are the courts and sheriffs for people whose business is too shady to be able to count on justice from the usual sources. Using data from federal indictments of members of the Mexican Mafia, and other legal documents, Skarbek found that the control of prisons by gangs leads to smoother transactions in the outside criminal world.

Gangs effect this justice on the inside in part by circulating a “bad-news list,” or BNL. If your name is on a BNL, gang members are to attack you on sight—perhaps because you stole from an affiliate on the outside, or because you failed to repay a drug debt, or because you’re suspected of ratting someone out. Skarbek says one sign that the BNL is a rationally deployed tool, rather than just a haphazard vengeance mechanism, is that gangs are fastidious about removing names from the list when debts are paid.


LA PROBATION PINPOINTING DOCTORS WHO HELP PROBATION STAFF WIN WORKER’S COMP. FOR DUBIOUS INJURIES

Yesterday, we linked to Rina Palta and Karen Foshay’s story for KPCC about a surprising number of far-fetched worker’s compensation claims filed by Probation Dept. staff members.

Probation Chief Jerry Powers says investigators are not only working to crack down on on worker’s compensation fraud by going directly to the staff in question, but also investigating the doctors who are allegedly enabling the fraud.

Palta and Foshay have the update. Here’s a clip:

…Probation chief Powers says there is a problem with doctors who are all too willing to approve workers’ compensation claims.

“There’s an informal grapevine out there” of doctors “who are more than willing to sign [probation workers] off duty so they can gain benefits,” says Powers.

He says he doesn’t know how large that grapevine is. There are hundreds of doctors who handle probation staffers’ workers’ compensation claims.

Probation says it has reached out to a number of doctors who have a high approval rate of department employees’ workers’ compensation or disability claims, although it won’t say how many, or which ones. Officials say sometimes they show doctors surveillance footage of workers engaged in physical activity while out on disability or workers’ compensation. But the doctors frequently have an explanation for the physical activity, says Cynthia Maluto, head of probation’s return to work unit.

“Things don’t change after the meetings,” she says.

Posted in Gangs, prison, Probation, race, Reentry, writers and writing | No Comments »

The Case for Prop 47, Other States’ Lessons on Reducing Prison Pop., a Mentally Ill Diversion Program for LA County, and Gov. Brown Signs Ex-Inmate Job Training Grant Bill

September 18th, 2014 by Taylor Walker

NEWT GINGRICH AND B. WAYNE HUGHES JR ENDORSE PROP 47, CALL ON CALIFORNIA TO TAKE NOTES FROM THE RED STATES

Proposition 47, which will appear on the November 4 ballot, would reduce certain offenses from felonies to misdemeanors, keeping people who have committed low-level drug and property crimes out of lock-up and under better-suited supervision and treatment. (A report from the Center on Juvenile and Criminal Justice estimates $175 million in savings for LA County, if voters pass Prop 47.)

Newt Gingrich and B. Wayne Hughes Jr., founder of Serving California, in an op-ed for the LA Times, urge Californians to vote yes on Prop 47. Here are some clips:

Contributing to the growth in the number of prisoners and in prison spending has been a dramatic expansion in the number of felonies. In addition, mandatory minimum sentences have been applied to an increasing number of crimes. These policies have combined to drive up the prison population, as more prisoners serve longer sentences. On top of that, California has an alarmingly high recidivism rate: Six out of 10 people exiting California prisons return within three years.

It makes no sense to send nonserious, nonviolent offenders to a place filled with hardened criminals and a poor record of rehabilitation — and still expect them to come out better than they went in. Studies show that placing low-risk offenders in prison makes them more dangerous when they are released.

Over-incarceration makes no fiscal sense. California spends $62,396 per prisoner each year, and $10 billion overall, on its corrections system. That is larger than the entire state budget of 12 other states. This expenditure might be worth it if we were safer because of it. But with so many offenders returning to prison, we clearly aren’t getting as much public safety — or rehabilitation — as we should for this large expenditure.

[SNIP]

Most notably, Texas in 2007 stopped prison expansion plans and instead used those funds for probation and treatment. It has reduced its prison population, closed three facilities and saved billions of dollars, putting a large part of the savings into drug treatment and mental health services. Better yet, Texas’ violent crime rates are the lowest since 1977.

Another red state, South Carolina, made similar reforms for nonviolent offenses. The drop in the number of prisoners allowed South Carolina to close one prison and also lower its recidivism rate. Other states (Ohio, Georgia, Oklahoma, Kentucky, Missouri, Pennsylvania and Mississippi) have similarly shifted their approach to nonviolent convictions.

Now voters in California will have a chance to do the same, using costly prison beds for dangerous and hardened criminals. It is time to stop wasting taxpayer dollars on locking up low-level offenders. Proposition 47 on the November ballot will do this by changing six nonviolent, petty offenses from felony punishments (which now can carry prison time) to misdemeanor punishments and local accountability.

The measure is projected to save hundreds of millions of taxpayer dollars per year, and it will help the state emphasize punishments such as community supervision and treatment that are more likely to work instead of prison time.


AND WHILE WE’RE ON THE TOPIC…

The folks over at Zócalo asked five criminal justice experts what California can learn by example from other states who have successfully reduced their prison populations. Here’s what Lois M. Davis, a RAND Corporation senior policy researcher, had to say about Washington state, and its success with making rehabilitation high priority.

California’s experiment in public safety realignment is being credited with closing the revolving door that keeps low-level offenders cycling through the state prison system by housing them instead in county jails and providing counties funding and flexibility to provide for these inmates. Currently the state’s 58 counties are doing their own experiments to determine how much of the realignment resources should be devoted to rehabilitative programs. But reducing California’s prison population over the long term will require the state to provide rehabilitative services like education that reduce recidivism and help to turn individuals’ lives around once they return to communities.

California can learn a great deal from the state of Washington, which has implemented a series of reforms focused on rehabilitation—on diverting offenders to treatment and other options and making serving time in prison the last option. The logic for this is clear: Analyses by the Washington State Institute for Public Policy show that cognitive-behavioral programs for adult offenders in prison and community settings can be expected to reduce recidivism rates by 6.3 percent, on average.

RAND’s recent national study on correctional education shows that adult offenders who participated in prison education programs reduced their risk of recidivating by 43 percent. Every $1 invested in these programs resulted in about $4 to $5 in savings in re-incarceration costs. Beyond the stark economic benefits is the broader incentive that such rehabilitation is good for society as a whole. As a recent report by the National Academy of Sciences indicated, mass incarceration is associated with negative social and economic outcomes, which make it very difficult for ex-offenders to turn their lives around when they return, disproportionately, to disadvantaged communities.

California took a bold step in implementing the Public Safety Realignment Act. Now it should move beyond realignment to focus on rehabilitation.

Head over to Zócalo for for more lessons from other states, including a tip California can take from 45 other states, and something the state can learn from itself.


A RELATIVELY SMALL BUT PROMISING LA COUNTY PROBATION PROGRAM TO DIVERT MENTALLY ILL FROM JAIL

On Wednesday, LA County Supervisor Zev Yaroslavsky and LA District Attorney Jackie Lacey announced a small pilot program to divert homeless, mentally ill people charged with low-level offenses from jail. To start with, the program will target 50 participants in Van Nuys, but both Yaroslavsky and Lacey both say they would like to see the program expanded county-wide.

KPCC’s Rina Palta has more on the program. Here’s a clip:

“We want to demonstrate that it works, demonstrate that it saves money, we want to demonstrate better outcomes for the individuals in the program,” Los Angeles County Supervisor Zev Yaroslavsky said at a press conference.

L.A.’s county jails are overcrowded with mentally ill offenders, according to the Los Angeles County Sheriff’s Department and District Attorney’s Office. Earlier this year, the L.A. County Board of Supervisors approved a $1.8 billion jail overhaul plan that includes building a new downtown jail to house mostly inmates with serious mental illnesses.

The new diversion program will offer chronically homeless men and women an alternative to jail when they’re initially charged with a misdemeanor or low-level felony. Those who opt to participate will be sent to the San Fernando Community Mental Health Center and, if needed, placed in subsidized housing. They’ll also receive mental health and employment services.

But it’s limited to 50 participants at a time and only in Van Nuys. It’s expected to cost approximately $750,000, funded partially by the county and partially through a federal grant.

Palta has a second interesting Los Angeles Probation story, along with Karen Foshay, regarding an alarming number dubious worker’s compensation claims filed by Probation Dept. staff. Here’s a small clip from the opening:

KPCC reviewed hundreds of Probation Department workers’ compensation files from 2010-2012 and found dozens of questionable cases, including workers spending months away from the job after getting spider bites or tripping in parking lots, or falling out of chairs.

Chief Probation Officer Jerry Powers stresses that the vast majority of workers’ compensation claims are legitimate, but he has taken several steps to crack down on questionable injuries since taking office in 2011. Since then, the number of probation staff on disability has dropped by one third, Powers says.


GOV. BROWN SIGNS BILL CREATING A GRANT PROGRAM TO GIVE JOB TRAINING TO EX-INMATES

For more on the bill, Assemblymember Perez has this update from June when the bill passed through the Senate Public Safety Committee. Here’s a clip:

“Workforce training for the re-entry population is a practical strategy for improving access to a stable job,” said Pérez. “It helps improve offender outcomes, reduces the likelihood of recidivism, and promotes community safety and stability.”

Specifically, the bill establishes a new competitive grant program for workforce training for the re-entry population. The grant program would be administered by the California Workforce Investment Board and would be available to counties on a competitive basis, with greater consideration for those that provide matching funds, have demonstrated collaborative working relationship with local workforce investment boards, and/or have a workforce training program for the reentry population already in place.

To fund the program, Pérez secured $1 million in the 2014-15 Budget Act, which will be appropriated through the state’s the Recidivism Reduction Fund.

Posted in Edmund G. Brown, Jr. (Jerry), prison, Probation, Rehabilitation, Sentencing, War on Drugs | 1 Comment »

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

September 15th, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

That is, of course, a tall order.

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

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

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

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

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

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

Indeed they do not.

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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


TOXIC STRESS: THE WAY POVERTY REGENERATES

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

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

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

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

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

[BIG SNIP]

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

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

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

A series of studies have found similar patterns in humans

[SNIP]

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

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

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

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

LA’s Central Crumbling Juvenile Hall, Pepper Spray in San Diego’s Juvenile Facilities, Mental Health Diversion Vote Postponed…and More

July 30th, 2014 by Taylor Walker

WHAT WILL LA COUNTY DO WITH THE DILAPIDATED CENTRAL JUVENILE HALL

As LA County is planning to rebuild Men’s Central Jail and Camp Kilpatrick, and to replace a women’s jail, another facility, the county’s Central Juvenile Hall, is in a state of woeful disrepair. Kids housed at “the Hall,” as it is sometimes referred to, endure broken pipes, dry-rot, mold, and structures that are outdated and not conducive to the current movement toward treatment and rehabilitation.

The LA County Supervisors, other county officials, and advocates don’t all agree on one solution.

The facility is predominantly used to hold kids awaiting trial at the central court, so relocating the kids away from the court would create a transportation obstacle. While the Supes are not sure if there is adequate funding for replacing the juvenile hall (an estimated $50M), the county is pumping millions into holding the facility together.

While it’s obvious that something must be done to remedy the conditions these kids are living in, it’s not clear exactly what the right answer is.

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

…absent from the public discussions has been any long-term plan to improve or replace the 22-acre Central Juvenile Hall in Boyle Heights, which the county’s watchdog grand jury recently criticized for being in “severe disrepair,” a continuing financial drain on taxpayers and in need of a complete replacement. The facility, which mostly houses minors awaiting trials, is plagued by leaking pipes, dry-rotted support beams, decaying facades and peeling paint, the panel wrote.

“Bath towels and duct tape were used in a futile attempt to repair broken pipes and prevent seepage” in one housing unit, the grand jury reported after members inspected the hall. “There was an indistinct foul odor in the hallway suggesting that sewage or stagnant water was present.” They found a “dilapidated” modular building used to house foster youth facing criminal charges was “totally isolated from the main facility and surrounded by barbed wire fencing which gives the appearance of an adult prison, not a youth facility.”

Several high-level county officials echoed the grand jury’s concerns. Trying to repair and modernize the existing buildings “is like putting a jet engine on a Model T,” Probation Department chief Jerry Powers said in an interview.

“It’s been a horrible facility for a long time,” said Supervisor Gloria Molina, whose district includes the hall. “We’ve tried to clean it up and rehab it and everything, but it needs to be rebuilt.”

Advocacy groups, including the Youth Justice Coalition, say the aging central hall is no longer needed and should be torn down and not replaced.

At this point, however, no detailed study of the facility or its future has been conducted. It’s unclear whether county officials will back what Powers estimated would be a $50-million replacement price tag for the hall, when so many other costly projects are underway.

“If I had my choice and had all the money I needed, I would support blowing the whole thing up and starting over again,” said Supervisor Don Knabe, who represents the southern part of the county. But funding a new central juvenile facility could be difficult, he added. Supervisor Michael D. Antonovich, who represents northern areas, agreed that the hall needs to be replaced but said through a spokesman that the supervisors would have to look later this year at what funding is available for that and other projects.

In the meantime, the county board has been pouring millions into repairing and keeping open the hall’s labyrinth of buildings behind the Eastlake Juvenile Court. Supervisors allocated $5 million this year to alleviate water damage and plumbing issues.


YOUTH LAW CENTER FILES COMPLAINT AGAINST SAN DIEGO PROBATION FOR PEPPER SPRAY USE ON LOCKED UP KIDS

The San Francisco nonprofit Youth Law Center filed a 34-page complaint against the San Diego County Dept. of Probation, co-signed by nine other advocacy groups, citing excessive pepper spray use at San Diego’s East Mesa and Kearny Mesa juvenile facilities after finding that officers shot kids with pepper spray 461 times in 2012.

While 70% of juvenile facilities across the nation ban the use of pepper spray, the Youth Law Center investigation found that officers were spraying kids indiscriminately, “as an all-purpose behavioral management tool.”

A number of girls were reportedly sprayed for refusing to strip in front of male officers. Officers sprayed kids as young as twelve, for things like failure to follow instructions, or refusal to leave their cells. Kids with skin, respiratory, heart, and mental health problems were also sprayed.

San Diego CityBeat’s Dave Maass and Kelly Davis have more on the issue. Here are some clips:

The girl sat on the bunk in her cell in one of San Diego County’s female juvenile-detention units as staff members explained that she was being placed on suicide watch. They told her she had to strip naked in front of them—including in front of a male staff member.

She refused, twice. So, they sprayed her in the face with pepper spray, then shut the door to her cell.

Two minutes later, they asked if she was going to cooperate. She refused, and they sprayed her a second time and again shut the door.

Minutes later, they opened the door and sprayed her again. She vomited. They then sprayed her yet once more.

After the fourth blast of pepper spray, the girl finally submitted. Probation staff ordered her to crawl out of the cell, where they handcuffed her, forcibly removed her clothing, cut off her shirt and bra, strip-searched her, put her in a gown and placed her in solitary confinement for 48 hours.

This account is one of dozens of abuses of pepper spray by the San Diego County Probation Department at its East Mesa and Kearny Mesa juvenile facilities revealed today by the Youth Law Center (YLC), a San Francisco legal advocacy nonprofit. In a 34-page formal complaint supported by more than 170 individual exhibits, YLC has asked the U.S. Department of Justice’s Civil Rights Division to investigate the probation department and order it to end the use of pepper spray and other practices that YLC says violate youths’ constitutional rights. Nine groups co-signed the complaint, including California Rural Legal Assistance, El Grupo, the San Diego branch of the NAACP, Border Angels, Latinos Organizing for Action, Alliance San Diego, CSA San Diego, American Friends Service Committee San Diego and the San Diego La Raza Lawyers Association….

According to the complaint, YLC and El Grupo initiated an investigation of pepper-spray use in San Diego County juvenile facilities in 2012 after San Diego CityBeat, in collaboration with TheCrimeReport.org, reported that pepper spray, also known as oleoresin capsicum, or OC spray, had been used on juveniles 461 times in a single year. As we noted then, and is noted in the complaint, only a handful of states allow juvenile-detention staff to carry pepper spray. More than 70 percent of facilities nationwide ban its use entirely. Many jurisdictions, including Los Angeles County, the California Department of Corrections and Rehabilitation’s Division of Juvenile Justice and the Texas Youth Commission have been forced to reduce pepper-spray usage after legal pressure from civil rights groups and youth advocates.

In San Diego juvenile facilities, probation officers have wide discretion to use pepper spray, whether it’s the small bottles they carry or the large canisters, nicknamed “Big Berthas,” designed to quell riots. Before deploying pepper spray, officers call out the “Cover” command; every youth within earshot is required to assume a crouch position, with hands clasped over their head to avoid getting sprayed.

[SNIP]

YLC identified dozens upon dozens of cases of improper use of pepper spray. Probation staff sprayed youth at risk of suicide; youth who simply were disobedient; youth with respiratory, cardiovascular and skin problems; and youth being treated with psychotropic medication.

They used it to gas-out detainees who refused to leave their cells. They sprayed detainees as young as 12 years old. They sprayed multiple girls who refused to strip at the request of male staff.

YLC documented evidence of 147 youths who weren’t doing anything wrong but were nonetheless exposed to pepper spray because staff had used too much on other detainees. In five separate incidents, staff used at least a pound of pepper spray.


SUPES PUSH MENTAL HEALTH DIVERSION VOTE TO NEXT TUESDAY

The LA County Board of Supervisors has postponed voting on a motion (made by Mark Ridley-Thomas) that would earmark at least $20 million for the upcoming fiscal year to a mental health diversion program. (Backstory here.)

Rina Palta was at Tuesday’s board meeting and has this update. Here’s a clip:

“I don’t think this is ready for primetime,” said Supervisor Gloria Molina, who noted that the supervisors may want to spend more than $20 million for such purposes once Lacey’s plan is complete.

Supervisors Zev Yaroslavsy and Don Knabe also expressed support for funding diversion through the supplemental budget process in the fall — but not yet.

The board did agree to request a report from various county agencies on where diversion funds might come from and what sorts of programs are needed.

Next week, the board is expected to vote on funding contracts for architectural plans and an environmental impact report for jail construction in L.A. County. The $14.5 million combined contracts would be a next step in building, among other projects in the county’s comprehensive jail plan, a downtown jail to house inmates with mental illness.

Despite the nay-sayers who want to wait till the fall, Ridley-Thomas told Rina Palta, “We need to match our rhetoric with evidence of commitment.”


THE HISTORY OF MARIJUANA PROHIBITION

The latest in the NY Times’ editorial series advocating marijuana legalization (more here, and here) lays down the historical context of the federal marijuana ban, from its racist roots, to propaganda and sensational news coverage, to taxation, to outright prohibition. Here’s how it opens:

The federal law that makes possession of marijuana a crime has its origins in legislation that was passed in an atmosphere of hysteria during the 1930s and that was firmly rooted in prejudices against Mexican immigrants and African-Americans, who were associated with marijuana use at the time. This racially freighted history lives on in current federal policy, which is so driven by myth and propaganda that is it almost impervious to reason.

The cannabis plant, also known as hemp, was widely grown in the United States for use in fabric during the mid-19th century. The practice of smoking it appeared in Texas border towns around 1900, brought by Mexican immigrants who cultivated cannabis as an intoxicant and for medicinal purposes as they had done at home.

Within 15 years or so, it was plentiful along the Texas border and was advertised openly at grocery markets and drugstores, some of which shipped small packets by mail to customers in other states.

The law enforcement view of marijuana was indelibly shaped by the fact that it was initially connected to brown people from Mexico and subsequently with black and poor communities in this country. Police in Texas border towns demonized the plant in racial terms as the drug of “immoral” populations who were promptly labeled “fiends.”

As the legal scholars Richard Bonnie and Charles Whitebread explain in their authoritative history, “The Marihuana Conviction,” the drug’s popularity among minorities and other groups practically ensured that it would be classified as a “narcotic,” attributed with addictive qualities it did not have, and set alongside far more dangerous drugs like heroin and morphine.

By the early 1930s, more than 30 states had prohibited the use of marijuana for nonmedical purposes. The federal push was yet to come…

Read the rest of the latest offering from this interesting (and enjoyable) series.

Posted in juvenile justice, LA County Board of Supervisors, LA County Jail, mental health, Probation | 8 Comments »

CA to Spend BIG $$ on Youth Lock-ups. So Can We spend it Well?…..”Getting Life” – What It’s Like to Be Wrongfully Convicted…….

July 9th, 2014 by Celeste Fremon


CALIFORNIA PLANS TO SPEND $79 MILLION ON YOUTH, & ADVOCATES PRESS FOR $$ TO GO TO COUNTIES WITH CLEAR REHAB GOALS

Right now the California Board of State & Community Corrections (BSCC) is working on structuring an RFP so that it can give away $79 million to various counties in the state for the construction of new juvenile facilities.

The $79 mil is the second round of post-realignment funding for county youth lock-ups; $220 million has already been awarded to 14 California counties.

With this new round of money, research and advocacy organizations like the Center on Juvenile and Criminal Justice (CJCJ), the National Center for Law, and the Ella Baker Center see a rare opportunity to stimulate reform through the enticement of funding, so have been trying to educate and persuade the BSCC about what kind of youth facilities are likely to produce the best results.

According to Kate McCracken, CJCJ’s Director of Policy & Development, the the BSCC’s Executive Steering Committee, which is responsible for developing the crucial RFP, has “demonstrated openness” to crafting a competitive process would give the edge to county proposals that are designed with “clear rehabilitative goals.”

Ideally, McCracken writes, “the language of this RFP will guide the way counties develop their own proposals, and is thus essential to the development of long-term dispositional options and rehabilitative services available to young people in the community.”

Thus she hopes “the RFP will be rooted in what we know works for young people.”

“Research has proven time and time again that facilities are not effective when they have artificial environments, living quarters designed to confine large numbers of youth, and minimal programming space. If California is going to spend $79 million dollars — plus matching funds from the counties — on more juvenile facilities, let’s do it in a meaningful way.”

Some counties, like Santa Clara and Santa Cruz, are already committed to juvenile programs that emphasize rehabilitation and treatment over conventional youth corrections facilities.

Los Angeles County, which has the state’s (and the nation’s) largest juvenile justice system, was stuck for years in a punitive pattern that has resulted in years of federal monitoring along several class action lawsuits. Now LA County’s juvenile probation is moving toward some reform, with such programs as the in-the-works transformation of Camp David Kilpatrick. But, the tentative move in the direction of rehabilitation over containment is nothing close to system-wide.

If the purse-string-holding BCSC were to make clear that future $$ will be linked to reform, such fiscal incentives cannot help but have a salutary effect on counties like Los Angeles and others that may have made some improvements, but need to make many more.

“The future of California’s juvenile justice system is in the 58 counties,” writes McCracken, “as we observe pockets of innovation throughout the state that require support and incubation in other counties. There is significant evidence that a continuum of community-based services is the most effective approach to serving youth, as well as promising programs available to promote a new way of justice in California. This RFP is just one example of an opportunity for the state to rethink its approach to justice and challenge the status quo with innovative development.”

Yep. Exactly.


CHP HEAD MEETS WITH CIVIL RIGHTS LEADERS OVER FREEWAY BEATING VIDEO

Concerned about a building furor over the bystander-taken video of a California Highway Patrol officer beating a woman next to the 10 freeway, on Tuesday, CHP head Joe Farrow met Tuesday with civil rights leaders.

KPCC’s Frank Stolze has the story. Here’s a clip:

In an indication of the agency’s increasing concern over the videotaped altercation between an officer and an African-American woman on the 10 Freeway, California Highway Patrol Commissioner Joe Farrow met Tuesday with civil rights leaders in Los Angeles.

“I believe that right now, we are somewhat wounded because of what people have seen,” Farrow told reporters afterward outside the CHP’s West L.A. office. “I was deeply concerned when I saw the videotape. I was shocked.”


AN INNOCENT MAN TELLS OF HIS 25-YEARS BEHIND BARS, AND MORE

Michael Morton’s memoir, “Getting Life: An Innocent Man’s 25-Year Journey From Prison to Peace,” about the wrongful conviction that led him to serve a quarter century in prison for murdering his wife, has just been released to reviews that, thus far, are uniformly glowing.

For instance, here’s a clip from the review by Jesse Sublett of the Austin Chronicle:

Even for readers who may feel practically jaded about stories of injustice in Texas – even those who followed this case closely in the press – could do themselves a favor by picking Michael Morton’s new memoir, Getting Life: An Innocent Man’s 25-Year Journey From Prison to Peace. It is extremely well-written, insightful, infuriating, and, in places, quite funny. The “peace” part of the title is no exaggeration, either. For everything he’s been through, Michael Morton seems to be a very well-adjusted person with a sense of Zenlike calm…

Morton’ wife, Chris, was bludgeoned in their bed while he was at work. When he returned home to find the family home surrounded by yellow police tape he became frantic. Morton was arrested soon after and railroaded by Williamson County D.A. Ken Anderson, who withheld crucial information and documents from the defense. Morton was eventually cleared by the Innocence Project using DNA evidence. After that, the DNA led officials to the actual killer.

Here’s a clip from what NY Times columnist Nicholas Kristof said about Morton’s book:

A great deal has been written about the shortcomings of the American criminal justice system, but perhaps nothing more searing than Morton’s book, “Getting Life.” It is a devastating and infuriating book, more astonishing than any legal thriller by John Grisham, a window into a broken criminal justice system.

Indeed, Morton would still be in prison if the police work had been left to the authorities. The day after the killing, Chris’s brother, John, found a bloodied bandanna not far from the Morton home that investigators had missed, and he turned it over to the police.

Morton had advantages. He had no criminal record. He was white, from the middle class, in a respectable job. Miscarriages of justice disproportionately affect black and Hispanic men, but, even so, Morton found himself locked up in prison for decades.

Then DNA testing became available, and the Innocence Project — the lawyers’ organization that fights for people like Morton — called for testing in Morton’s case. Prosecutors resisted, but eventually DNA was found on the bandanna: Chris’s DNA mingled with that of a man named Mark Alan Norwood, who had a long criminal history….

Parade Magazine has an excerpt from “Getting Life”.

Here’s an excerpt from the excerpt:

The door closed.

Not with a click or the sound of tumblers finally hitting their marks or the sturdy clunk of wood and metal meshing as if they were made for each other.

This was different.

It began with the long, hard sound of steel sliding against steel.

Like a train, the heavy door built speed as it barreled along its worn track, the portal to the real world growing smaller as the barrier of thick and battered bars roared into place.

It locked with a cold, bone-shaking boom that rattled me— literally—me, the guard outside my door, and any other inmates unlucky enough to be nearby.

I was alone in my cell, alone in the world, as alone as I had ever been in my life.

And I would stay there—alone—listening to that door close, over and over and over again, for the next twenty-five years.

Twenty-five years.

My wife, Chris, had been savagely beaten to death several months earlier. Before I had time to begin mourning, I was fighting for my own life against a legal system that seemed hell-bent on making me pay for the murder of the woman I would gladly have died for.

I was innocent.

Naïvely, I believed the error would soon be set right.

I could not have been more wrong.


Posted in American voices, Innocence, juvenile justice, LA County Jail, Probation, Realignment, State government, writers and writing | No Comments »

Realignment and Homeless Probationers, San Francisco to Nix Costly Jail Phone Calls, and Restorative Justice in Massachusetts Prisons

July 7th, 2014 by Taylor Walker

INCREASE IN HOMELESS AB109 PROBATIONERS, AND HOW COUNTIES ARE DEALING WITH THE ISSUE

The diversion of lower-level offenders from state prison to county supervision through California prison realignment, AB 109, was designed to alleviate severe prison overcrowding and recidivism while saving the state money. But realignment has greatly increased the number of homeless people under county supervision, where they were previously supervised under state parole officers, and many counties are struggling with the expanded responsibility.

Los Angeles County may decide to consider homelessness a violation of an inmate’s terms of release, a “solution” that many advocates see as more destructive than effective (and WLA agrees). Other counties are increasing shelter beds or providing temporary shelter for homeless probationers.

The Associated Press’ Gillian Flaccus has more on the issue. Here’s how it opens:

Gov. Jerry Brown based his recent overhaul of the state corrections system in part on the idea that having those convicted of lower-level crimes supervised by county probation officers instead of state parole agents when they are released would help them stay clean, find jobs and avoid committing new crimes.

A cornerstone of the law’s success is housing, yet county probation officers throughout the state say homelessness continues to undermine their ability to help ex-cons rehabilitate, get drug treatment and find jobs. Some California counties report that up to one in five of the parolees they supervise under the governor’s realignment law is homeless.

“You’ve got somebody and … they’re gang-involved, you want to get them in classes, but they live under a bridge,” said Andrew Davis, an analyst with the Santa Cruz County Probation Department. “They’re not going to show up; they don’t know what day of the week it is.”

Counties across the state are dealing with the problem in different ways. Many are trying a patchwork of solutions as they adapt.

In Marin County, probation officers sometimes pick homeless parolees up at the prison gates and pay for motel rooms until they can find a bed. Santa Cruz County has contracted with local homeless shelters, a move that stirred controversy last year.

Homeless parolees in Riverside County are required to check in at an electronic kiosk and have their photo taken daily. In San Diego County, where nearly 400 former prison inmates are reporting as homeless, there’s a plan to spend $3 million to add 150 shelter beds. Parolees who say they are homeless must check in weekly with probation.

In Los Angeles County, where 758 convicts released under realignment say they have no permanent address, county attorneys are considering whether being homeless could be classified as an automatic violation of a parolee’s terms of release. That’s in part because many counties are finding that former inmates will claim homelessness to avoid close supervision.

Los Angeles has spent more than $6.5 million on housing for convicts who would have previously been the responsibility of state parole.

Counties say the number of lower-level offenders — defined as those who have committed crimes that are non-serious, non-sexual and non-violent — who are homeless upon their release has not necessarily changed since the realignment law took effect in 2011. State officials are still tallying the number.

The difference is that previously, these felons were the state’s responsibility. Counties are not strangers to dealing with homeless probationers, but now the numbers have increased.

Read on.


SAN FRANCISCO MOVES TO LOWER EXORBITANT RATES FOR LOCAL PHONE CALLS FROM JAIL

In August of last year, the FCC placed a cap on how much companies can charge inmates (through their families) for interstate calls at 25 cents per minute. But because the cap only applies to out-of-state calls, contracted companies like Global Tel-Link continue to charge inmates’ families outsized fees for in-state calls and other services.

Last week, the San Francisco Board of Supervisors voted to modify the county’s contract with Global Tel-Link to reduce the costs of local and regional calls from SF County jails by up to 70%. San Francisco is one of the first counties to take a stand against contractors like GTL overcharging inmates’ loved ones. We hope other counties in California (ahem, Los Angeles) and other states follow suit.

The LA Times’ Lee Romney has the story. Here’s a clip:

The steep charges are the result of a contracting system in which the companies pay “commissions” to correctional institutions — in some cases to pay for inmate programs — while charging fees to cover those costs, according to regulators, lawmakers and inmate advocates.

Now, San Francisco is taking steps to halt the practice — one of the nation’s first local jurisdictions to do so.

At San Francisco Sheriff Ross Mirkarimi’s urging, the Board of Supervisors last week voted unanimously to amend the county contract with Virginia-based GTL to dramatically reduce the cost of calls, which can burden inmates’ families.

“We just decided to stop the bleeding of poor people,” Mirkarimi said, noting that successful reentry into society often depends on strong family ties.

The cost of a 15-minute collect in-state regional call, such as those to a neighboring county, will drop by 70%, to $4.05 from $13.35. A 15-minute collect local call will now cost $2.75 instead of $4.45 — a 38% drop.

Earlier this year, the FCC capped the cost of interstate calls from correctional facilities between 21 and 25 cents per minute, and federal regulators are exploring whether to expand those efforts to in-state calls.

So far, most state efforts have focused on prisons, not local jails, like San Francisco’s.

California and at least seven other states ban prisons from accepting commissions…

Verizon, which isn’t in the corrections business, has weighed in against the practice, telling the FCC: “Forcing inmates’ families to fund [inmate services] through their calling rates is not the answer. … Other funding sources should be pursued.”

County-run jails have opposed regulation, and have largely managed to avoid it.

Assemblyman Bill Quirk (D-Hayward) hopes to change that. He has introduced a bill that would ban commissions and require contracts to be awarded to providers offering the lowest cost of service for inmates. It would apply to all jails and juvenile facilities statewide.

The California State Sheriffs’ Assn. opposes the measure, contending the changes would “negatively impact inmates” by reducing funds for inmate services.

But Quirk said, “I think there are better ways to fund it other than taxing grandma.”

The bill, which passed the Assembly, goes before the Senate Appropriations Committee in August.


MASSACHUSETTS TO LAUNCH RESTORATIVE JUSTICE PROGRAM IN PRISONS

In September, Massachusetts will pilot a new restorative justice prison program (based on the Victim Offender Education Group at San Quentin State Prison) aimed at reducing recidivism. During the 34-week course, offenders will have the opportunity to connect with victims in a mutually healing environment and take responsibility for harm they caused to others.

The NY Times’ Dina Kraft has the story. Here’s how it opens:

For many of his 15 years behind the soaring prison walls here, Muhammad Sahin managed to suppress thinking of his victims’ anguish — even that of the one who haunted him most, a toddler who peeked out from beneath her blankets the night he shot and killed her mother in a gang-ordered hit.

But he found it impossible to stop the tears as he sat in a circle together with Deborah Wornum, a woman whose son was murdered, and more than a dozen other men serving terms for homicide and other violent crimes. Each participant — victim and inmate — had a very different, personal story to share with the encounter groups that met here on a recent weekend in a process called restorative justice.

Ms. Wornum, 58, talked about the summer night three years ago when her son Aaron, a 25-year-old musician, walked out of their home with a cheerful “Be right back.” Forty minutes later the phone rang. It was a hospital; her son had been shot. He took his final breath in her arms.

“You touched me the most because it really made me understand what I put the family through,” said Mr. Sahin, 37, who was 22 when he killed the young mother. Taking a deep breath, broad shoulders bent forward, he continued. “I really don’t know how to overcome this or if I can overcome it. I’ve done a lot of bad stuff in my life. But I’ve reached a place where I’m not numb anymore.”

Lifting his head to look directly at Ms. Wornum, he projected his crime onto the murder of her son: “I kind of feel like I caused the pain, like I’m the one who committed the crime.”

The unusual two-day gathering took place south of Boston at the Massachusetts Correctional Institution at Norfolk, one of the state’s oldest prisons as well as its largest, with about 1,500 inmates. Under the whirring of overhead fans in an auditorium of exposed red brick, it brought 150 inmates together with victims, judges, prosecutors and mediators. Gov. Deval Patrick attended briefly and met with a small group of those present.

Restorative justice, a process with roots in Native American and other indigenous cultures that resurfaced in the United States and abroad in the 1970s, has begun to make headway in some states, including Massachusetts, where legislation was introduced last year to promote its practice. It brings offenders and victims together voluntarily. Offenders take responsibility and acknowledge the impact their actions had on their victims and loved ones as well as their own families and neighborhoods. The victim is given a chance to ask questions of the offenders and share how their lives were affected by the crime. Advocates say it is key to rehabilitation and reduced recidivism….

In September, Massachusetts will pilot a curriculum on restorative justice, modeled on a program called the Victim Offender Education Group, which was developed for California’s San Quentin State Prison. Meeting weekly for 34 weeks, participants will undergo a probing process aimed at acquiring accountability for the harm they caused.

Posted in Homelessness, jail, Probation, Realignment, Rehabilitation, Restorative Justice | No Comments »

Noteworthy Juvenile Justice Bills, the Price of Electronic Monitoring, and an LA Sheriff Campaign Update

May 28th, 2014 by Taylor Walker

JUVENILE JUSTICE REFORMS IN THE PIPELINE

A number of important juvenile justice bills are making their way through California legislature right now.

The first bill, SB 1038 by Sen. Mark Leno (D-San Francisco) would seal kids’ juvenile records from the public upon completion of probation.

Another bill by Sen. Leno, SB 1296, would bar judges from locking up kids who, through skipping class, have violated court orders to go to school. (This still happens in four California counties.)

SB 1198 by Sen. Loni Hancock (D-Berkeley) would require the Justice Department to gather data on minors charged and locked up as adults in all counties.

The final bill, AB 1756 by Assemblywoman Nancy Skinner (D-Berkeley), would remove the fee associated with sealing juvenile records for anyone under 26-years-old.

The Associated Press has more on the bills and why they are important. Here’s a clip:

Juvenile records would automatically be sealed from public view after the offender has completed probation under SB1038 by Sen. Mark Leno, D-San Francisco.

“For young offenders who have paid their debt to society and are moving forward with their young adult lives, we want to ensure that they have every opportunity to succeed,” Leno said.

His bill does not change the part of existing law that prohibits sealing juvenile convictions for 30 crimes, including murder and attempted murder, voluntary manslaughter, arson, various armed assaults, robbery, kidnapping and various sexual crimes.

There are plenty of violent crimes that are not covered under the existing law, including batteries, involuntary and vehicular manslaughter, child abuse, non-forcible sex offenses and residential burglary. All of those would be sealed automatically under Leno’s bill, said Aaron Maguire, a lobbyist for the California State Sheriffs’ Association, and Sean Hoffman, legislative director for the California District Attorneys Association.

Currently, district attorneys or probation officers can object to sealing records, but that opportunity would disappear under Leno’s bill.

“We want compassion on the criminal, but our No. 1 duty is to protect the citizens and keep the citizens, our families and our children, safe,” said Sen. Mike Morrell, R-Rancho Cucamonga, who voted against the bill.

Leno’s bill cleared the Senate on a party-line 23-13 vote in May and is awaiting consideration in the Assembly.

Related legislation, AB1756 by Assemblywoman Nancy Skinner, D-Berkeley, would eliminate the fee for sealing the juvenile files of anyone under age 26.

The fee can be as high as $150, but the East Bay Community Law Center, co-sponsor of the bill, found through public records requests that the average is about $100. Los Angeles County charges no fee and accounts for more than half of the roughly 6,000 such petitions filed each year.

Any fee can be an obstacle for many young people trying to make a new start, Skinner said.

“The record is like an albatross around their neck because it comes up every time they apply for a job, if you run a credit report,” she said.


ELECTRONIC MONITORING SYSTEM DISCRIMINATES AGAINST THE POOR

Electronic monitoring devices are meant to keep those ordered to wear them from having to spend time in jail or prison. But, in nearly every state (save for Hawaii and D.C.), those ordered to wear ankle bracelets can (and most often will) be forced to pay out of pocket for the monitoring service—usually hundreds of dollars per month.

This system is stacked unfairly against the poor. If a person is unable to pay for their own monitoring—which may be stacked on top of lofty court fees, probation fees, and/or public defender fees—they face jail time.

NPR’s Joseph Shapiro has the story. Here’s a clip:

A nationwide survey by NPR found that 49 states — every state except Hawaii, plus the District of Columbia — now allow or require the cost to be passed along to the person ordered to wear [an electronic monitoring device].

Sometimes that means people with money get to go home, while those without go to jail. Like Tom Barrett.

The Augusta, Ga., man was arrested after he stole a can of beer from a refrigerator in a gas station convenience store in 2012. He pleaded “no contest” and a judge sentenced him to 12 months of probation and said Barrett could be released as long as he wore an ankle bracelet. But when he didn’t have the money to pay for it, he was sent to jail.

The bracelet, which is a kind of Breathalyzer strapped to his ankle, was expensive. It cost $12 a day. In addition, there was a $50 set up fee, a $39 a month fee to the private probation company that supervised his release, and the money to install a land-line phone for the system to work. It totaled more than $400 a month.

Barrett had been homeless, until just before he stole that beer. He was living in a subsidized efficiency apartment that cost him $25 a month. To afford even that much, he had to sell his plasma at the blood bank.

As a former pharmacist, Barrett had once lived a comfortable, middle-class life. But he became addicted to the drugs he was supposed to be safeguarding. He lost his job, and his family.

There were years of run-ins with the law, mostly related to public drunkenness.

This time, however, it was for a minor shoplifting charge, which shouldn’t carry any jail time. It “didn’t seem like justice,” Barrett says about being jailed when he couldn’t pay for the electronic monitor.

[SNIP]

…More common electronic monitoring devices check a person’s location. So if a judge gives a curfew to someone awaiting trial, the device can tell if they are home on time. Some devices come with a GPS unit and can tell if, for example, a sex offender has been lurking near an elementary school.

Companies that make the devices — in their marketing materials — tell courts, and probation and parole agencies they can charge the users of those electronic monitoring devices.

“It’s very easy for jurisdictions to pass the cost on to the offender,” says George Drake, a consultant to government agencies that want to set up electronic monitoring systems. “No one wants to raise taxes on the public. Politicians — it’s the last thing they want to do.”

Most states face sizable budget deficits. So state legislators — often lobbied by the companies that make the devices — pass legislation to require offenders to pay the fees.

But Drake often advises that government agencies are better off paying the bill for the monitors; rather than chasing after money from the usually indigent offenders.

“More often than not, these offenders don’t have resources,” he says. “They’re paying court fees, they’re paying other fines, they’re paying supervision fees and restitution to the victim and they’re being set up to fail because they just cannot afford all these fees that have been assessed to them.”


LATEST LASD CAMPAIGN DONATION NUMBERS — TANAKA IN THE LEAD

With just a few short days until the June 3 primary election, Paul Tanaka has raised over $900,000 in his campaign for LA County Sheriff, continuing his fundraising lead over the other candidates.

Long Beach Police Chief Jim McDonnell comes in second with approximately $760,000, overtaking Assistant Sheriff James Hellmold who has around $440,000.

Bob Olmsted has raised about $335,000, Assistant Sheriff Todd Rogers brought in around $190,000, and Lou Vince and Patrick Gomez raised $24,000 and $16,400, respectively.

(It should be noted that McDonnell, Hellmold, and Rogers entered the race when former Sheriff Lee Baca announced his retirement in January, months after the other four candidates began raising campaign money.)

The LA Times Cindy Chang has more on the fundraising numbers. Here’s a clip:

“Obviously, we’re very pleased with the amount of money Paul has raised for the primary,” said a Tanaka consultant, Reed Galen. “We believe it’s allowed the candidate and the campaign to do the things we’ve needed to do to get our message out to voters across L.A. County.”

The campaign took an unexpected turn in January when Sheriff Lee Baca retired in the wake of criminal charges against 18 Sheriff’s Department employees. McDonnell was among those who jumped in after Baca’s retirement, becoming the only candidate from outside the department with substantial financial support.

Tanaka’s opponents have tried to link him to the allegations of brutality and obstruction of justice in the jails. At the trial of a sheriff’s deputy last week, a federal prosecutor revealed that Tanaka is the subject of an ongoing federal investigation.

Assistant Sheriff Todd Rogers, whose $190,000 haul put him fifth among the seven candidates, said Tanaka needs “every dime” to overcome that stigma.

“The fact that I’m not at risk of federal indictment is probably worth half a million dollars,” Rogers said.

A spokesman for Bob Olmsted, a retired sheriff’s commander who has raised about $335,000 and characterizes himself as a whistle-blower, echoed Rogers’ comments.

“With the culture of corruption and pay-to-play politics, it’s not surprising that he continues to raise money from the minions and cronies that he has built a relationship with,” the spokesman, Dave Jacobson, said of Tanaka.

Galen, Tanaka’s consultant, countered that the comments were made out of desperation.

“The only thing any of us know for sure is that Todd Rogers isn’t going to be the next sheriff, and nor will Bob Olmsted,” Galen said. “The fact that they’re attacking Paul is because they have nothing else to run on.”

[SNIP]

Mark Botnick, a Hellmold consultant, said in a statement: “Paul Tanaka has been campaigning for years, so it is certainly no surprise that he has raised more money given the length of his campaign.”

Posted in juvenile justice, LASD, Paul Tanaka, Probation | No Comments »

Transforming Camp Kilpatrick, DOJ’s New Interrogation-Recording Policy, Empowering an Inspector General…and More

May 23rd, 2014 by Taylor Walker

LA COUNTY’S CAMP KILPATRICK’S SHINY, NEW REHABILITATION-CENTERED FUTURE

LA County Probation’s Camp Kilpatrick, an outdated and rundown juvenile detention facility in Malibu, will be torn down this summer and replaced by what is hoped will be a new kind of camp that will help reverse decades of neglect and outdated practices in the nation’s largest juvenile justice system. This transformed Kilpatrick, which will reopen in either 2016 or 2017, is planned as a facility centered on rehabilitation, education, and healing that, ideally, will jump-start meaningful reform throughout LA County’s juvenile system, and beyond.

The Juvenile Justice Information Exchange’s Gary Cohn has more on the future of Kilpatrick. Here are some clips:

Camp Kilpatrick is one of 14 probation camps in Los Angeles County, which has the largest juvenile justice system in the nation. Most of the camps were built during the 1950s and 1960s, and they are characterized by penitentiary-like facilities and strictly enforced routines. In a 2012 letter to the Los Angeles County Board of Supervisors, the county’s chief probation officer Jerry Powers has described the design of the probation camps as “creat(ing) an image of a jail-like environment.”

In the UCLA report on reforming Los Angeles County’s juvenile justice system, Newell and her co-author, Jorja Leap, describe numerous consequences of the outdated design. The barracks-like dormitories do not foster rehabilitation and only serve to foster competition, deepen factions and further gang problems. Youth interaction with staff is inconsistent and often adversarial. Safety problems persist. And educational opportunities are inconsistent.

“Even the newest Los Angeles County probation camp — Challenger Memorial Youth Center, which opened in 1990 in a geographically remote area with a command-and-control program — represents an outdated era of juvenile justice that does not meet the needs of today’s system-involved youth,” the report states.

The new model envisions small dorms of 10-12 youth, with a living room area and private bathrooms, in sharp contrast to the current facilities and their large open dorms with 50-120 beds in military barracks style, open bathrooms and no privacy. It envisions a better staff-to-youth ratio, one where staff have regular schedules that support working with youth, consistency and relationship building rather than 56-hour work schedules with 16-hour shifts, with staff then gone for several days. And it envisions an environment where safety is promoted through strong relationships, and where isolation rooms are eliminated.

“You need an environment that’s conducive to positive youth development, that feels normal, that feels safe, that feels comfortable, that feels homelike,” Newell told JJIE. The rebuilt Camp Kilpatrick facility, she adds, “will really be designed with rehabilitation in mind — what do youth need, and how can the facility design help support this.”

Similar approaches have worked in Missouri, Washington, D.C., and Santa Clara County.

The small group rehabilitation approach has been particularly successful in Missouri, reducing recidivism to one of the lowest rates in the country. The hallmark of Missouri’s system is small, cottage-like facilities at locations that keep juveniles close to their own homes and emphasize rehabilitation. As one indication, in 2011 only 6.9 percent of youth discharged from Missouri’s Division of Youth Services were recommitted for new juvenile offenses within one year. The approach has been so successful that juvenile justice advocates refer to it as the “Missouri Miracle.”

[SNIP]

The Camp Kilpatrick transformation will be based on the Missouri model, but it will be tailored to specific needs in Los Angeles County. For example, a project-based learning education model called Road to Success Academy (which has been piloted in other LA County probation camps) is expected to be the educational model, which is intended to complement the other components of the Missouri model.

The project is being funded primarily through a juvenile justice realignment bill passed by the California state Legislature in 2007, which created new funding for counties to improve their facilities. Los Angeles County got the go-ahead to rebuild one of its probation camps based on best practices, and it selected Camp Kilpatrick because it was physically in the worst shape. The county has been working with researchers and juvenile justice advocates on the new design model.

The county is expected to select a design and building firm in the coming months, and the rebuilt Camp Kilpatrick will likely open in 2016 or 2017.

Back in March, we had a series of stories about a push by advocates, parents, and coaches to save LA County Probation’s popular sports program at Camp Kilpatrick, which didn’t quite fit into the camp’s $48 million state-of-the-art rebuild. (The sports program has fortunately found a new home at Challenger Memorial Youth Center camp in the Antelope Valley for the fall 2014 sports season. You can read more about it here, here, here…and here.)


 

HUGE DOJ POLICY SHIFT CALLS FOR RECORDING OF (ALMOST) ALL SUSPECT INTERROGATIONS

After over 100 years of the FBI operating under a policy prohibiting the recording of nearly all interrogations, the Department of Justice has instated “sweeping” new policy requiring interrogations (with some exceptions) be recorded, preferably with both audio and video. As US Attorney General Eric Holder explains in the above video, the new rule will promote accountability and protect both agents and suspects by creating an “objective account of key investigations.”

The Arizona Republic has the story. Here are some clips:

Since the FBI began under President Theodore Roosevelt in 1908, agents have not only shunned the use of tape recorders, they’ve been prohibited by policy from making audio records of statements by criminal suspects without special approval.

Now, after more than a century, the U.S. Department of Justice quietly has reversed that directive by issuing orders May 12 that audio recording, preferably with video, is presumptively required for interrogations of suspects in custody, with some exceptions.

There was no news release or news conference to announce the radical shift. But a DOJ memorandum obtained by The Arizona Republic spells out the changes that will begin July 11.

“This policy establishes a presumption that the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Marshals Service (USMS) will electronically record statements made by individuals in their custody,” says the memo from James M. Cole, deputy attorney general, to all federal prosecutors and criminal chiefs.

“This policy also encourages agents and prosecutors to consider electronic recording in investigative or other circumstances where the presumption does not apply,” such as in the questioning of witnesses.

[SNIP]

Attorneys, researchers and critics of the old policy say reform brings federal agencies up to modern policing standards and removes a stigma that has damaged the credibility of America’s criminal-justice system. Put simply, in the absence of recorded interviews, defense lawyers have been able to undermine honest testimony by some FBI agents while, in other cases, agents misremembered, distorted or lied about suspect statements.

The failure to maintain electronic records of interrogations also created gaps in FBI intelligence gathering, especially involving terrorism cases. Instead of maintaining an accurate and largely indisputable record, agents on the witness stand for decades have relied on their memories, interpretations and handwritten notes transcribed into a form known as the 302.

(HuffPost published a copy of the DOJ memo. Read it here.)


THE TOOLS MAX HUNTSMAN NEEDS TO SUCCEED IN REFORMING THE SHERIFF’S DEPARTMENT

In January, Max Huntsman took on the role of Inspector General over the scandal-plagued LASD. But in the current capacity of inspector general over a department with an public-elected sheriff, Huntsman does not have the power to enforce reform, he can only focus a spotlight on the department’s problem areas.

In an op-ed for the LA Times, Katherine Mader, the first LAPD inspector general (1996-1998), calls for legislation that would beef up the authority of an inspector general overseeing a law enforcement agency.

Here are the powers Mader says an IG would need to initiate real change:

• The power to promise confidentiality to those he or she deals with during inquiries. Without such power, an inspector general’s private notes of interviews with complainants may be subpoenaed by the city or county to assist in civil lawsuits.

• A set, tenured term. In both the county and the city, inspectors general are “at will” employees and can be fired without cause. Tenure would enable them to issue critical reports — especially ones likely to generate controversy — without fear of reprisal. Such reports are often applauded in the beginning, when reform is wanted. But once a troubled agency is deemed “fixed” and politicians have taken credit for the reformation, they are likely to be far less receptive to critical reports.

• The power to initiate investigations. A true inspector general should be able to look at any facet of police operations and write a report on shortcomings he finds. The overseeing commission or board should not be able to shut down an inquiry.

• The power to release reports. A true inspector should be able to release the findings of any inquiries. No overseeing board should have the authority to keep a report secret.

• The power of access. There should be no nook or cranny within a police agency that cannot be probed by the inspector general. That means access to all generated internal reports, especially those produced by the internal affairs division, whether or not an investigation is complete. Inspectors general throughout the country, as well as in Los Angeles, have consistently complained that their access is often restricted, and there is no remedy.

IN OTHER LASD RELATED NEWS…

During Wednesday’s debate at the Sherman Oaks Homeowners Association, several rival sheriff candidates urged Paul Tanaka to drop out of the race after the former undersheriff acknowledged being a subject in an ongoing federal investigation.

KPCC’s Frank Stoltze has the story. Here’s a clip:

“He needs to step aside,” former Sheriff’s Commander Bob Olmsted said. Olmsted also directly addressed his former colleague, who stood a few feet from Olmsted inside the crowded cafeteria at Notre Dame High School.

“You perpetuated the code of silence for years by hiding the malfeasance and the criminal wrongdoing,” Olmsted said to Tanaka. Olmsted is among a handful of department officials who complained about problems at the agency to the FBI…

Another candidate, Assistant Sheriff Todd Rogers, said Tanaka is “the common denominator with all these scandals” at the department. A federal grand jury has indicted 20 deputies on corruption or civil rights charges. A separate federal probe found deputies engaged in racial profiling in the Antelope Valley. In addition, Sheriff’s Department officials have admitted to hiring dozens of unqualified deputies.

Long Beach Police Chief Jim McDonnell called the FBI investigation into Tanaka “a major distraction to being able to move forward…and begin the healing process” at the department. McDonnell reiterated he is best qualified to make changes at the agency because he has no affiliation with it. Opponents have said his lack of knowledge of the sprawling department is a liability.

During the debate, Tanaka, who has raised the most money among the seven candidates, sought to rise above the criticism.

“Certainly the usual attacks occurred,” Tanaka said. “We are fighting for the top cop job in the county, and this is politics.”

Posted in DEA, FBI, Inspector General, LASD, Paul Tanaka, Probation, Rehabilitation | 10 Comments »

LA’s Use of “Split Sentencing” Gets Worse (Can DA Jackie Lacey Help?)…..When CA Kids are “Double Charged” ….Pilot of Drug Smuggling Boat Sentenced for Coast Guard Murder

May 13th, 2014 by Celeste Fremon



TUESDAY’S AB 109 REPORT SHOWS LA’S USE OF SPLIT SENTENCING GETTING WORSE, NOT BETTER

At Tuesday’s LA County Supervisors’ board meeting, Probation Chief Jerry Powers will present a report about what is going on with the various AB 109 offenders who have been passed to LA County for oversight rather than the state since California’s public safety realignment strategy was launched in October 2011.

The report is dry, extremely detailed and statistic heavy (you can find it here if you’d like to peruse). However, amid the welter of figures a few numbers do jump out, namely the stats showing the progress that LA County is making when it comes to beefing up its use of “split sentencing,” an approach that justice advocates, Governor Jerry Brown and the top brass at probation—among others—would like to see expanded.

And what kind of progress are we making? Um, none. Zero. Zip. As a matter of fact, rather than progressing, LA seems to be moving rapidly in the opposite direction.

In case you’ve forgotten, split sentencing is a sentencing strategy that has been adopted to greater and lesser degrees by California’s counties as part of California’s AB 109 public safety realignment system. With a split sentence, the court can divide a low-level felon’s time to be spent half behind bars, with the other half (or more) spent out of jail but under the supervision of county probation. The idea is that most offenders do better when they receive some kind of help and oversight when they get out of jail or prison rather than just getting dumped on the street with no further follow-up.

Moreover, split sentencing has the pleasant collateral effect of lowering the jail population.

Riverside county has over 60 percent of its AB 109ers serving split sentences.

In constrast, LA County was using the strategy only around 5 percent of the time in year one and two of realignment.

Looking at the first five months of year three, that percentage has dropped to closer to 2 percent—or 109 split sentences out of 5151 sentences handed down in that period.

(See line 2 of the “Custody” table on p. 14 of the report.)


CAN JACKIE LACEY HELP? (PLEASE!)

Thus far it has reportedly been prosecutors, public defenders and judges who mostly stand in the way of split sentencing.

With that in mind, perhaps this is another issue in which DA Jackie Lacey can take a strong part, as she has with her recent—and much welcomed— leadership in diversion for the mentally ill and other forms of alternative sentencing she has begun championing.

As the members of the board of supervisors listen to Tuesday’s realignment report, perhaps they could bring up such a possibility.

Can’t hurt.

PS: For a good rundown on split sentencing in general see last summer’s story by KPCC’s Rina Palta.



AND IN OTHER NEWS…. “DOUBLE CHARGING” FOR JUVENILE JUSTICE IN CALIFORNIA’S COUNTIES

In most California counties now, when a kid is arrested, the meter starts ticking for the boy or girl’s parent or guardian. This means that, in addition to whatever stress occurs when one’s child breaks the law and is sentenced to juvenile hall, probation camp or some other form of placement, there are the mounting bills.

Myles Bess of Youth Radio has a well-reported story for Marketplace about this double charging and the impact those charges have on families.

The bill starts adding up as soon as you’re arrested, before anyone reaches the courtroom. Even if you’re innocent, in Alameda County, the investigation alone will cost you $250.

“You get fined for the public defender,” said Debra Mendoza, probation officer-turned-advocate, who can list fees off the top of her head. “You get charged for incarceration. There’s a fee for being in juvenile hall. There’s a daily fee if you’re on GPS.”

Add the fees together for a juvenile who’s been incarcerated for an average amount of time in this county, and the total bill will be close to $2,000.

It’s parents who are responsible for the bill. And that’s the trend across states.

“There are more and more criminal justice fees that are added every year in this country,” said Lauren-Brooke Eisen, legal scholar at NYU’s Brennan Center for Justice. “In recent years, about 20 state legislatures passed laws holding parents responsible for their children’s crimes,” said Eisen.

In California, parents have the right to negotiate fees, but it’s not easy. If they don’t pay, officials can garnish parents’ wages, take their tax refunds or place liens against property. In Alameda County, one of the poorest counties in the San Francisco Bay Area, half of the fees charged to parents remain unpaid. That’s according to the county’s own data, based on a recent five-year period.

“And sometimes it is more expensive administratively to collect these fees than the money you are actually receiving in revenue.” said Eisen. “That’s the great irony of the situation.

NOTE: In 2009, the LA Times’ Molly Hennessy-Fiske did some excellent reporting on the aggressive billing going on in LA County for the parents and guardians of incarcerated kids.


DRUG SMUGGLING PANGA BOAT PILOT GETS LIFE IN PRISON FOR MURDER OF COAST GUARD OFFICER TERRELL HORNE

The Mexican national who was found guilty of second degree murder in the 2012 death of Senior Chief Petty Officer Terrell Horne III was sentenced to life in a federal prison without parole on Monday, reports the office of U.S. Attorney Andre Birotte. A second man was given ten years in federal prison for his part in Horne’s death.

Horne was killed during a law enforcement operation that began late on December 1, 2012 when a Coast Guard airplane identified a suspicious boat about one mile off Santa Cruz Island. After Coast Guard personnel on the cutter Halibut boarded the boat, the airplane identified a second suspicious vessel nearby, a 30-foot-long open bowed fishing vessel, commonly referred to as a panga boat.

After spotting the panga themselves, Coast Guard officers launched the Halibut’s small, inflatable boat with four officers aboard. As the four in the small boat approached the 2nd suspicious boat, the four officers activated their own boat’s police lights and ID’d themselves as law enforcement. The pilot of the panga boat reacted by throttling his engines and steering the panga boat directly toward the small Coast Guard inflatable.

Despite the coast guard officers’ frantic efforts to avoid a collision, the pilot of the panga boat deliberately rammed into the smaller boat, ejecting Senior Chief Petty Officer Horne and another officer into the water. However, just before the boat was about to be
rammed, rather than dodge, Horne reached forward—toward the point of impact—pushed his coxswain to safety.

Once in the water, Horne was struck in the head by a propeller and died of the injury.

The 34-year-old Horne was an extremely well-liked father of two with a baby on the way and, along with his devastated family, Horne’s colleagues reacted with heartbreak. He was the first Coast Guard officer murdered on duty since 1927.

U.S. Attorney Birotte told LA Times columnist Patt Morrison that the day Terrell Horne was killed was one of his two worst days on the job. (The other worst day was in 2013 when a man walked into LAX and opened fire killing TSA agent Gerardo Hernandez.)

Birotte said he keeps a note from Rachel Horne (Horne’s wife) on his desk “to remind me what this job is about.”

Posted in Board of Supervisors, District Attorney, FBI, juvenile justice, LASD, Probation | No Comments »

Model Educational Program in Some of LA’s Juvie Camps….1 in 25 of Death Sentenced Inmates Likely Innocent….Drug Offender Releases Did Not Cause Recidivism….and More

April 29th, 2014 by Celeste Fremon


LA COUNTY’S EXPERIMENTAL EDU PROGRAM FOR LOCKED-UP YOUTH MAKES A DIFFERENCE IN KIDS’ LIVES

In 2010, some of Los Angeles County’s juvenile camps had such a ghastly record for educating the kids in their care (or more properly not educating them) that the So Cal ACLU and others won a massive lawsuit against LA County Probation and the Los Angeles County Office of Education (LACOE) forcing the two county agencies to get their collective act together.

Fast forward to 2014. Probation and LACOE are running a model educational program called the Road to Success Academy in its in girls’ camps—with startlingly good results.

By fall 2015, the Road to Success AcademY is expected to be in operation in half the county’s juvie camps.

Elly Yu at the Juvenile Justice Exchange has more on this and other educational programs for young people in lock-ups around the country that are making a difference in kids’ lives.

Here’s a clip:

When 17-year-old Moriah Barrett first entered Camp Scott, a juvenile detention facility in Los Angeles County, Calif., she was already far behind in school credits in completing the 11th grade. Because of her charges, she would be spending the next five months of her life at the all-girls’ facility — finishing high school wasn’t on her mind.

But at Camp Scott, Moriah enrolled at the Road to Success Academy, a public school run by the Los Angeles County Office of Education and housed within the juvenile detention facility. She said it wasn’t like anything she had expected.

Instead of filling in photocopied packets like she did at juvenile hall, she was working on science projects that involved rockets or writing beats about the human skeletal system. She wrote self-reflective essays, painted murals, and met weekly with a counselor to check in on her credit status. Within five months, she was able to complete her GED.

“When I was at Road to Success, it was completely different. They had devoted teachers,” Moriah said. “You can see they’re caring. They don’t give up on you.”

The Road to Success Academy, which started in 2010 as a pilot project, is among a handful of schools across the nation that have been trying to turn the tide of poor education within juvenile justice facilities. Their models have included innovative ways of teaching, emphasis on higher education and the recruitment of high quality teachers.


ONE IN 25 DEATH PENALTY CONVICTIONS MAY BE WRONG

Since the advent of so many DNA innocence cases and other dramatic criminal exonerations in the last few years, many are increasingly haunted by the question of how many more innocent people are still serving long sentences but remain undiscovered. Even worse, have we executed innocent people?

A new statistical study published in the Proceedings of the National Academy of Sciences attempts to quantify answers to those questions.

Pete Yost of the AP has the story. Here’s a clip:

About one in 25 people imprisoned under a death sentence is likely innocent, according to a new statistical study appearing in the Proceedings of the National Academy of Sciences. And that means it is all but certain that at least several of the 1,320 defendants executed since 1977 were innocent, the study says.

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.


LOW LEVEL DRUG OFFENDERS RELEASED EARLY DID NOT INCREASE RECIDIVISM SAYS STUDY

Last week’s Department of Justice announcement that it encourages petitions for clemency for some nonviolent drug offenders serving outsized sentences in federal lock-ups caused some Republican lawmakers to complain that public safety might be adversely affected.

It turns out, however, that in 2011, the U.S. Sentencing Commission did a study that examined whether drug offenders let out early were more or less likely to recidivate than those who served their full sentences.

And the difference in the two groups was….zero. (Actually, the people who served their full sentence were one percentage point more likely to reoffend.)

Ian Duncan of the The Baltimore Sun has more. Here’s a clip.

….the potential freeing of thousands of inmates is not completely unknown for the federal justice system — and advocates for shorter sentences say experience shows prisoners can be released without harming the public.

Previous changes to sentencing rules have led to early release for tens of thousands of inmates serving time for crack convictions. In 2011 the U.S. Sentencing Commission looked at what effect the changes had on ex-convicts’ likelihood of re-offending.

The study compared the recidivism rates of two groups of inmates. The first included crack offenders who had their sentences cut after a 2007 change to the rules. The second consisted of inmates in similar cases who had served their entire original sentence.

“The overall recidivism rates for the two groups are similar,” the report’s authors concluded.

The study found that among the group released early, 30 percent had re-offended within two years of getting out of prison. In the group that served full sentences, the rate was about 32 percent. The study found the difference not statistically significant.

For advocates of early release, like James Wyda, the federal public defender in Maryland, the finding is important because it appears to show prisoners can be released early without posing a greater threat to the public.

“We’ve granted so much sentencing relief and no one notices — not a story,” he said.

That opens the door to the possibility of cutting sentences further, Wyda added. “How far could you take these sentences down and still meet the purposes of punishment?” he asked.


AND WHILE WE’RE ON THE TOPIC OF OUTSIZED MANDATORY MINIMUM DRUG SENTENCING….

CNN’S Wesley Bruer and Nick Valencia have this story. Here’s a clip:

“I did not really realize I was getting life until the date of sentencing. When my attorney told me, I told him that I wanted to take back my guilty plea… they denied me.”

Timothy Tyler says his life ended when he was 23-years-old. That was two decades ago, when he was arrested and later sentenced to a mandatory double-life term in prison without the possibility of parole for conspiracy to possess LSD with intent to distribute. A self-described “Deadhead,” Tyler was busted after mailing five grams of the hallucinogenic drug to a friend who was working as an informant for the federal government.

He’s had more than 20 years to fixate on that moment, years of “what ifs” and “whys.” More than 20 years of feeling like he died, until now.

Posted in 2014 election, Education, juvenile justice, LASD, law enforcement, Probation, Sentencing | No Comments »

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