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PBS Documentary on Juvenile Life Without Parole…NY Times Supports Marijuana Legalization….Paul Tanaka’s Retirement Take-home Pay….and More

July 28th, 2014 by Taylor Walker

PBS’ “POINT OF VIEW” LOOKS AT LOCKING KIDS UP FOR LIFE WITHOUT A CHANCE OF PAROLE

Next Monday, August 4, PBS will air “15 to Life,” the story of Kenneth Young, who received four consecutive life sentences for committing several armed robberies as a teenager. Kenneth thought he would never make it out of prison alive, until the US Supreme Court ruled in Miller v. Alabama that the mandatory sentencing of kids to life in prison without the possibility of parole, without a judge or jury having the opportunity to consider mitigating circumstances, was a violation of the 8th Amendment’s prohibition of cruel and unusual punishment.


NY TIMES EDITORIAL BOARD CALLS FOR END TO FEDERAL BAN ON MARIJUANA

On Sunday, the NY Times editorial board officially came out in support of repealing the federal marijuana ban, which is something of a big deal. The editorial was also the starting point for a six-part opinion series on legalizing marijuana. (In part one, NYT’s David Firestone argues in favor of the feds stepping back and letting states decide.)

Here’s a clip from the editorial board’s significant endorsement:

The federal government should repeal the ban on marijuana.

We reached that conclusion after a great deal of discussion among the members of The Times’s Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws.

There are no perfect answers to people’s legitimate concerns about marijuana use. But neither are there such answers about tobacco or alcohol, and we believe that on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization. That will put decisions on whether to allow recreational or medicinal production and use where it belongs — at the state level.

We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these.

But that would leave their citizens vulnerable to the whims of whoever happens to be in the White House and chooses to enforce or not enforce the federal law.

The social costs of the marijuana laws are vast. There were 658,000 arrests for marijuana possession in 2012, according to F.B.I. figures, compared with 256,000 for cocaine, heroin and their derivatives. Even worse, the result is racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals.


PAUL TANAKA’S 2013 FINAL PAY WAS NEARLY $600,000

Between seven months of salary pay and 339 days of unused paid leave accrued over his 31-year career, former undersheriff Paul Tanaka took home $591,000 as final pay in 2013. This number was only surpassed by one county employee, the chief neurosurgeon at the biggest county-run hospital.

The LA Daily News’ Mike Reicher has the story. Here’s a clip:

Including his seven months of wages and benefits, the county paid $591,000 for Tanaka in 2013, according to payroll records provided to the Bay Area News Group, part of the Daily News’ parent company. This made him the second-highest compensated employee, next to the chief neurosurgeon at the largest county-administered hospital.

A certified public accountant (whose license is inactive), Tanaka did not violate any rules, county officials said.

Nor did he “spike” his pension. None of the 339 days leave he cashed out applied toward his retirement income, officials say. The county code limits that widely criticized practice of boosting one’s final salary.

Six-figure payouts aren’t rare at the Sheriff’s Department, though Tanaka topped the 2013 list. There were 500 other sheriff’s employees — more than at all other county departments combined — who received one-time payments in excess of $100,000, according to the 2013 data. For some county employees, those checks may have included bonuses or other taxable cash payments in addition to leave time.

Tanaka, who did not respond to requests for comment, was pushed out of the department by Sheriff Lee Baca following a series of scandals. Federal authorities are investigating whether high-level sheriff’s officials were involved in witness tampering. During recent testimony, Tanaka told a prosecutor he was aware he’s a subject of the probe, and denied any wrongdoing. He is facing Long Beach Police Chief Jim McDonnell in the November run-off election.

An employee with McDonnell’s standing would be eligible to cash out a maximum of 60 days vacation and holiday time upon retirement, Long Beach administrators said. Also, when he left the Los Angeles Police Department in 2010, after 28 years, McDonnell cashed out his unused sick time, vacation and overtime hours for $90,825, according to the City Controller’s office.

Some argue that such payouts unnecessarily strain local government finances.

“They earned the benefits, and they’re entitled to it, but there’s no reason the benefits should be inflated to the top rate,” said Kris Vosburgh, executive director of the Howard Jarvis Taxpayers Association. “They should be paid based on the value of the benefit they earned, at the time they earned it.”

While we’re on the subject of LASD retirement packages, a number of the department’s scandal-plagued supervisors have been able to retire ahead of being demoted or terminated.

This, for example, is what we wrote a year and a half ago about Dan Cruz and Bernice Abram’s sudden retirements—and their estimated yearly retirement pay.


BREAKING FREE OF THE “INCARCERATION ONLY” APPROACH

In an op-ed for the Huffington Post, Timothy P. Silard, president of the Rosenberg Foundation, says our warped criminal justice system should be remodeled into a system that bosts public safety while turning lives around. In his essay (inspired by Shaka Senghor’s powerful TED talk, above), Silard says we must keep pushing for sentencing reform—reducing the number of low-level drug offenders and mentally ill in prison—and reinvest money saved through lowering incarceration rates back into programs that rehabilitate and help former offenders successfully return to their communities. Here’s how it opens:

I got a first-hand look at how our criminal justice system could be used to transform lives — not just punish — while serving as a prosecutor in the San Francisco District Attorney’s Office.

In one case, an 18-year-old young woman was arrested for selling drugs on a San Francisco street corner. She normally would have ended up behind bars for a felony conviction that would have followed her for the rest of her life. Instead, she pled guilty, accepted responsibility and entered an innovative re-entry program for nonviolent, first-time drug offenders. During the program, she was closely supervised and provided the resources and support she needed to turn her life around. Among the requirements: enrolling in school, performing community service and getting a full-time job. She thrived in the program. After graduating, she received a full scholarship to attend a university and finished her first semester with a 3.8 GPA.

The program, called Back on Track, was one of the first re-entry programs in a District Attorney’s Office. It would go on to become a national model, reducing re-offense rates from 53 percent to less than 10 percent while saving tax dollars — the program cost about $5,000 per person, compared to more than $50,000 to spend a year county jail. Perhaps even more importantly, it helped save lives and strengthen families and communities. The power of second chances was never more evident than at the yearly Back on Track graduation ceremonies. There, smartly dressed mothers, fathers, siblings, children and community members celebrated the young graduates as they prepared to embark on much more hopeful futures.

For far too long, our criminal justice system has been stuck using one gear – the incarceration gear. We lock up too many people for far too long, for no good reason, and we’re doing so at great economic, human and moral cost. As a prosecutor, I saw the same offenders arrested, prosecuted and locked up, only to come back time and time again. I saw low-level, nonviolent offenders return from prison and jails more hardened and posing a greater threat to our communities than when they went in. And I saw African Americans and Latinos arrested and jailed at egregiously greater rates than whites.

Posted in LWOP Kids, Marijuana laws, Paul Tanaka, prison, Reentry, Rehabilitation, Sentencing | 12 Comments »

LA Funding Behavioral-Parent Training to Keep Kids Safe….LASD’s New Re-entry Center….Realignment Recommendations….and Supe Ridley-Thomas and Others Back Jim McDonnell for Sheriff

July 16th, 2014 by Taylor Walker

LA INVESTING $20M IN PARENT-CHILD INTERACTION THERAPY TO IMPROVE CHILD SAFETY

The taxpayer initiative First 5 LA is putting $20 million toward expanding Parent-Child Interaction Therapy (PCIT), a program aimed at preventing child maltreatment by providing educating parents in a therapeutic environment. Through the new funding, between 320 and 400 new PCIT therapists will be trained to give one-on-one live parenting instruction to moms and dads at risk of having their kids taken away from them. During the 12 to 14 therapy sessions, a parent sits and plays with their child while receiving coaching cues in an earpiece from a therapist watching from another room.

The Chronicle of Social Change’s Christie Renick has more on PCIT and the county’s efforts to reform LA County’s child welfare system. Here’s the opening:

Last month, the Los Angeles County Board of Supervisors began implementing the recommendations made by the Blue Ribbon Commission on Child Protection, which calls for augmented child maltreatment prevention efforts.

While implementation of the commission’s many recommendations is a long-term venture, leaders are hoping that the rollout of a maltreatment prevention initiative may improve child safety in the short-term.

First 5 LA, a taxpayer-supported initiative that provides a variety of services to families with young children in Los Angeles County, is investing $20 million in child maltreatment prevention with a five-year-long therapist-training program known as Parent-Child Interaction Therapy (PCIT).

The goal is to train up to 400 PCIT practitioners through the state. First 5 LA’s PCIT grant is in partnership with the county’s Department of Mental Health, through which PCIT providers can access state-funded reimbursement for services.

PCIT emphasizes improving the quality of the parent-child relationship through one-on-one live coaching. During a PCIT session, a parent-child pair plays and interacts in a therapy room while the therapist watches through a one-way mirror and guides their interactions using a discrete earpiece worn by the parent. PCIT is typically delivered in a series of 12 to 14 sessions and is broken into two main parts, Relationship Enhancement and Strategies to Improve Compliance.

In Los Angeles, PCIT is being made available to families at risk of becoming involved with the child welfare system, or who have open cases but are not currently in the process of having their parental rights terminated.

After linking a lack of prevention services with “an excessive number of referrals and investigations” and high caseloads in the county’s dependency court system, the Blue Ribbon Commission’s final report, issued in April, called on the county’s board of supervisors to direct the Department of Public Health and First 5 LA to jointly develop a comprehensive prevention plan.

By training hundreds of clinicians and therapists who will serve thousands of families in the county, this will be the largest PCIT initiative since its development in the early 1970s, a prospect that excites researchers close to the strategy.

“The prospect of prevention is very powerful because we’ve shown the parents, with PCIT…[they] can change and become positive, nurturing, sensitive parents who can set limits with their children in a safe and effective way,” said Cheryl McNeil, a professor of psychology at West Virginia University. “Prevention efforts with PCIT encourage parents to use highly positive parenting tools before they get into negative interactions with their children.”


LASD RE-ENTRY CENTER HELPS THOSE RELEASED FROM JAIL WITH TRANSITION BACK TO THEIR COMMUNITIES

The LASD-run Community Re-entry Resource Center opened late in May to help recently released LA County jail inmates successfully re-enter their communities. The Resource Center helps former inmates get connected with things like food stamps, mental health services, substance abuse programs, and employment services. This is a welcome step in the direction of accomplishing one of realignment’s goals: reducing recidivism.

The LA Times’ Cindy Chang has more on the program. Here’s how it opens:

The 40-year-old man in the black jacket and jeans was getting out of jail with no money and no place to live.

As he left the county jail complex in downtown Los Angeles, he stopped at the new Community Re-entry Resource Center, where he received a bus token and a referral to a homeless shelter. The man, who would give only his first name, David, got a phone number for the police so he could see whether his car had been impounded while he was imprisoned.

The center, which opened at the end of May and is run by the Sheriff’s Department, helps people leaving the jails adjust to life on the outside, in hope they won’t come back again.

Newly released inmates get assistance with food stamps, mental health services and health insurance. A probation officer is on hand, along with officials from various county departments. The nonprofits HealthRight 360 and Volunteers of America offer referrals to job centers and substance abuse programs.

“They go back to their old neighborhood and fall into the same trap, with the same friends, and they end up right back in jail,” said Sgt. Joaquin Soto. “We’re trying to avoid that.”

David said he was behind bars for six days after missing a court appearance related to a drug offense. But that was enough to set him back. He had been living out of his car and has no family in the area. He needed something to tide him over until he started a new job in a few days.

“They’re helping me out at just the right time,” he said.

Inside the jails, the sheriff’s Community Transition Unit provides similar services. On the way out, the drop-in reentry center offers a final chance for newly released inmates to get the services they need, said sheriff’s officials and reentry experts.

Read on.


NEW RESEARCH ON CALIFORNIA REALIGNMENT AND HOW TO REDUCE THE BURDEN PLACED ON COUNTIES

In a recent research paper expanding on her comprehensive study on the effects of California prison realignment released in November, Stanford corrections system expert Dr. Joan Petersilia says that AB109 has had “mixed results” for California counties thus far.

Petersilia recommends a number of legislative tweaks to the realignment plan, including mandatory split-sentencing for all felony sentences served in county jails, statewide tracking of all offenders, and jail sentences to max out at three years.

Stanford News’ Clifton Parker has more on Petersilia’s research and recommendations. Here’s a clip:

When California embarked on a sweeping prison realignment plan in 2011, The Economist described it as one of the “great experiments in American incarceration policy.”

The challenge was to shift inmates from overcrowded state prisons to jails in California’s 58 counties.

At this point, the results are mixed and the “devil will be in the details” as tweaks to the original legislation are urged, according to new research by a Stanford law professor.

“Only time will tell whether California’s realignment experiment will fundamentally serve as a springboard to change the nation’s overreliance on prisons,” wrote Stanford Law School Professor Joan Petersilia, a leading expert on prison realignment, in her article in the Harvard Law and Policy Review. “It is an experiment the whole nation is watching.”

[SNIP]

“If it works, California … will have shown that it can downsize prisons safely by transferring lower-level offenders from state prisons to county systems. … If it does not work, counties will have simply been overwhelmed with inmates, unable to fund and/or operate the programs those felons needed, resulting in rising crime, continued criminality and jail overcrowding,” wrote Petersilia, co-director of the Stanford Criminal Justice Center.

[SNIP]

Petersilia urges legislative revisions to California’s realignment plan (some are now under discussion in the legislature). Suggestions include:

Requiring that all felony sentences served in county jail be split between time behind bars and time under supervised release (probation), unless a judge deems otherwise

Allowing an offender’s entire criminal background to be reviewed when deciding whether the county or state should supervise them

Capping county jail sentences at a maximum of three years

Allowing for certain violations, such as those involving domestic restraining orders or sex offenses, to be punished with state prison sentences

Creating a statewide tracking system for all offenders

Collecting data at the county and local level on what is and is not working in realignment

She said several counties are taking advantage of split sentencing with promising results. Still, only 5 percent of felons in Los Angeles County have their sentences split. She called this type of flexibility “extraordinarily important” to realignment, as it would lessen space and cost burdens for counties.

(We would like to note that LA will increase its use of split-sentencing after Los Angeles DA Jackie Lacey instructed prosecutors in her office to start seeking split sentences for certain low-level offenders.)


SUPE RIDLEY-THOMAS AND OTHER LEADERS TO ANNOUNCE SUPPORT FOR JIM MCDONNELL IN LA SHERIFF RACE

Today at 9:30a.m., LA County Supervisor Mark Ridley-Thomas and more than a dozen other South LA leaders will gather at Southern Missionary Baptist Church to announce their support for LBPD Chief Jim McDonnell for LA County Sheriff.

Posted in DCFS, Foster Care, Jim McDonnell, LA County Jail, LASD, Reentry, Rehabilitation, Sentencing | No Comments »

CA Supreme Court Eases Three Strikes Law….Improving Educational Outcomes for Foster Kids….the Case for Creating an LASD Citizens Commission Immediately…and More

July 14th, 2014 by Taylor Walker

IMPORTANT CALIFORNIA HIGH COURT RULING LOOSENS INTERPRETATION OF THREE-STRIKES LAW

Late last week, the California Supreme Court eased the interpretation of the Three Strikes law, ruling that two strikes cannot come from a single offense carrying two felony convictions. In this particular case, a woman received her first and second (of three) strikes for stealing a car, for which she was convicted of carjacking and robbery.

Reuters has more on the ruling. Here’s a clip:

The judges made their ruling in the case of a woman who had been charged with two felonies – carjacking and robbery – for the same offense of stealing a car, saying that the legislature and the voters clearly intended for defendants to have three chances to redeem themselves before they are put away for life.

“The voting public would reasonably have understood the ‘Three Strikes’ baseball metaphor to mean that a person would have three chances – three swings of the bat if you will – before the harshest penalty could be imposed,” Associate Justice Kathryn Werdegar wrote in the court’s opinion, released late on Thursday. “The public also would have understood that no one can be called for two strikes on just one swing.”

The ruling is a significant one, as it has the potential to change the fate of other third-striker inmates who are locked up for life after having picked up multiple strikes for the same offense.

Melanie Dorian, the criminal defense lawyer who represented defendant Darlene A. Vargas in the case, said the ruling could lead to the release of numerous inmates convicted of more than one felony for the same act.

“This is a great case because it clarifies what the ‘Three Strikes’ law means,” Dorian said. “A single criminal act that can technically violate two statutes of the penal code cannot later be used as two strikes.”


CALIFORNIA TO TRACK FOSTER STUDENTS ATTENDANCE AND PROGRESS FOR DISTRICT FUNDING FORMULA

Starting with the 2014-2015 school year, California school districts will count and track foster and low-income students (as well as those learning English as a second language), as part of a new budget formula to give school districts funds to provide better learning experiences to disadvantaged kids. Schools will begin reporting foster kids’ attendance, test scores, and graduation progress—a crucial step toward improving outcomes for the state’s most vulnerable population.

The Associated Press’ Lisa Leff has the story. Here’s a clip:

Until now, no state has attempted to identify every foster child in its public schools or to systematically track their progress, much less funnel funds toward those students or require school districts to show they are spending the money effectively.

That changed in California this month as part of a new school funding formula that will direct billions of extra dollars to districts based on how many students they have with low family incomes, learning to speak English or in foster care.

The state’s 1,043 school systems had to submit plans by July 1 for how they intend to use the funds, a pot projected to reach at least $9.3 billion by 2021, to increase or improve services for those specific student groups.

During the next school year, districts also will have to report on their foster children’s absences, progress toward graduation, standardized test scores and other measures they already maintain for the other two target groups.

The moves are significant for an estimated 42,000 school-age foster children, less than 1 percent of the state’s 6.2 million public school students, said Molly Dunn, a lawyer with the Alliance for Children’s Rights, a Los Angeles-based advocacy group.

It means educators and elected officials have recognized the group is facing unique educational hardships from abuse or neglect, frequent moves and experiences in foster or group homes, Dunn said.

AND WHILE WE’RE ON THE SUBJECT…

The LA Times’ Sandy Banks has a heartening story about Jamilah Sims and her sisters, three resilient foster children who are all heading to college in the fall, and United Friends of the Children, the nonprofit that is helping the Sims sisters and other foster kids go to (and finish) college. Here’s how it opens:

Jamilah Sims became a mother at 14 — just as she was entering foster care for the third time, because of her own mother’s instability.

She and two sisters — the girls are triplets — have grown accustomed to packing up, moving in with strangers, leaving friends, changing schools. They lived in five different foster homes over the years.

But they’re also growing accustomed to a measure of success that’s absent in the typical narrative of foster system teens.

All three graduated from high school last month and are headed for college, with advice, support and financial help from United Friends of the Children, a nonprofit that’s been helping foster children complete college for more than 25 years.

One sister will attend New Mexico State University to study communications. Another will begin working toward a business degree at Santa Monica City College. And Jamilah will be toting her 3-year-old son Carter to Cal State Bakersfield, where she will study to become an anesthesiologist.

The girls were among 187 high school grads from the foster care system whose hard work and good grades were celebrated last month at a ceremony at Walt Disney Concert Hall. Dozens received college scholarships from a pot that totaled more than $1 million.

The graduates’ personal stories reflect parental stumbles, teenage resilience and the collective efforts of families, friends and foster parents, who helped them battle their demons, nurture their talents and endure whatever hardships they could not outrun.

One young woman spent part of her adolescence squatting in abandoned houses; she’s attending Yale this fall. Another was abused by her stepfather and wound up addicted to drugs; she’ll be majoring in psychology at UC Santa Cruz. A young man who never knew his father and was abandoned by his mother will be moving to Spain to study dance at the Institute of the Arts in Barcelona.

Their scholarships will pay for the sorts of things most freshmen take for granted: a suitcase for a student who has never traveled, clothes warm enough for a winter at a Snow Belt college, and, for Jamilah, college textbooks and her very first computer.

No more rushing through homework on the library computer, so she could race to day care in time to pick up her son…


WHY A CITIZENS COMMISSION SHOULD BE CREATED RIGHT AWAY, AND WHAT IT SHOULD LOOK LIKE

In November, the LA County Board of Supervisors chose Max Huntsman to fill the new role of Inspector General for the sheriff’s department. The Supes haven’t yet figured out what kind of access to confidential department documents Hunstman will have. (More about that here.)

At the same time, the Supervisors are considering forming a separate citizens commission to watch over the department. Both IG Huntsman and interim Sheriff John Scott have advised the board against forming the commission before a new sheriff takes control of the sheriff’s dept. in November. (We at WLA are glad that sheriff-frontrunner Jim McDonnell is in favor of establishing a citizen’s commission.)

An LA Times editorial says the commission should be created immediately, in combination with the Office of Inspector General—not as an “afterthought,” so that the two work together to oversee the department. Here are some clips:

…in creating the IG position, the supervisors withheld two vital features: a set term of office and protection from being fired without good cause.

It is now clear that the board should set up the commission right away, even as it completes the build-out of the inspector general’s office. To do otherwise — to determine the inspector general’s scope of access to internal sheriff’s department documents and to decide whether the IG will have something tantamount to an attorney-client relationship with the sheriff, the board or the county — would be senseless without first knowing whether the IG will report to an oversight body. A commission would become an afterthought to an inspector general who already would have established protocols and privileges. Those properly should be hammered out in cooperation with the commission.

The board should make it clear now that it will establish a citizens oversight commission to work in tandem with the inspector general, with both parts and the Board of Supervisors being interlinked gears in an integrated oversight mechanism.

[SNIP]

The citizens oversight commission should instead have nine members, with five board appointees supplemented by four either picked by the first five from a pool of names assembled, perhaps, by Superior Court judges or mayors from the county’s contract cities in consultation with community advocates, or directly appointed by authorities outside the ambit of either the sheriff or the Board of Supervisors.

Members should serve staggered, non-renewable terms, much like the Los Angeles City Ethics Commission. They should be exempt from removal — and therefore from political pressure — by the appointing authority or anyone else absent a showing of good cause. The number of appointees, the diversity of the appointing authorities and restrictions on tenure and removal would allow the commission to operate with necessary independence without becoming a runaway jury. It would keep commissioners from being either puppets or persecutors.

Read the rest.


HAWAII PASSES JUVENILE ANTI-RECIDIVISM BILL, IS ALREADY REINVESTING EXPECTED SAVINGS ON REHABILITATION

Earlier this month, Hawaii Governor Neil Abercrombie signed two meaningful juvenile justice bills into law. One bill ended life without parole sentences for kids. The other is an anti-recidivism bill that will require corrections officers to write “reentry plans” before releasing incarcerated kids, and also changes juvenile probation requirements.

The state is so optimistic that the legislation will successfully lower recidivism, that it has already begun spending a portion of estimated savings on rehabilitative programs.

The Washington Post’s Hunter Schwarz has the story. Here’s a clip:

Hawaii, where 75 percent of youths released from the state’s juvenile correctional facility are sentenced or convicted again within three years, is trying to crack down on recidivism.

Gov. Neil Abercrombie signed a bill Thursday aimed at reducing the state’s juvenile facility population by over half in five years. HB2490 calls for justice system officials to write “reentry plans” before juveniles are released from correctional facilities and revises probation requirements.

Should the plan successfully lower recidivism rates, Hawaii could save an estimated $11 million, the governor’s office said. The state is already betting on it, investing $1.26 million from its anticipated savings in “proven programs” like mental health and substance abuse treatment.

Posted in Education, Foster Care, Inspector General, juvenile justice, LA County Board of Supervisors, LASD, LWOP Kids, Reentry | No Comments »

Interim Sheriff Wants OIG Bound to LASD in Attorney-Client Relationship…the Center for Youth Wellness…and the LASD’s Emerging Leaders Academy

July 11th, 2014 by Taylor Walker

SHERIFF SCOTT PUSHES FOR INSPECTOR GENERAL AND LASD TO HAVE ATTORNEY-CLIENT PRIVILEGE

Back in November, the LA County Board of Supervisors selected Max Huntsman to fill the newly established role of Inspector General for the Sheriff’s Department. County officials are still trying to establish what kind of access Huntsman will have to sensitive department data.

Interim Sheriff John Scott is urging the Supes to bind Huntsman to the LASD in an attorney-client relationship to protect confidential department information.

Aides to the Supes and other officials say the attorney-client privilege is not necessary, and would only impede the Inspector General’s ability to independently oversee the department. (We at WLA strongly agree, and would also rather the new sheriff make these recommendations, rather than the interim sheriff.)

The LA Times’ Abby Sewell has the story. Here’s a clip:

Interim Sheriff John Scott wants the inspector general to be bound by an attorney-client relationship with his department, so that confidential information shared with Huntsman as part of his investigations can’t be subpoenaed or released to the public.

“Absent an Attorney-Client relationship my desire to cooperate with the OIG will remain consistently high, but my actual ability to share information will be impaired and will need to be determined on a case-by-case basis,” Scott said in a statement Wednesday.

Past civilian monitors of the Sheriff’s Department have functioned under an attorney-client relationship. Sheriff’s officials said attorneys from outside the county had advised Scott to set up a similar relationship with the inspector general, although the county’s top attorney advised that such an arrangement wasn’t necessary.

At a public meeting Wednesday, aides to the supervisors opposed the sheriff’s proposal, saying it would impede Huntsman’s independence.

“The [inspector general] is being put into place to be a monitor, oversight, and distant from your organization,” Joseph Charney, a deputy to Supervisor Zev Yaroslavsky, told sheriff’s officials. “We’re concerned about that.”

Some county officials argued that attorney-client privilege would not apply, in any case, since the inspector general would not be giving legal advice to the sheriff. They said other state laws already protect the confidentiality of sensitive information.

The Supervisors are also in the midst of deciding whether to create a civilian oversight commission to watch over the department. On Thursday, Long Beach Police Chief and Sheriff candidate frontrunner Jim McDonnell released a statement in support of forming a citizen’s commission. McDonnell seems to be far more in favor of independent oversight than what we’ve seen from Sheriff Scott. Here is a clip:

“Later this month, the Board of Supervisors will consider whether to create a civilian commission to oversee the Los Angeles County Sheriff’s Department. I support this concept and believe that there is great value in creating an independent civilian oversight body that would enable the voice of the community to be part of the LASD’s pathway forward. A civilian commission can provide an invaluable forum for transparency and accountability, while also restoring and rebuilding community trust in the constitutional operation of the LASD.

The Citizens’ Commission on Jail Violence, on which I served, underscored the need for comprehensive and independent monitoring of the LASD and its jails and recommended the creation of an Office of Inspector General (the “OIG”) – an entity that is now in the process of formation. While our Commission opted not to express any view regarding a civilian commission, I believe that the time has come for the creation of an empowered and independent citizens’ commission to oversee and guide the work of the OIG and help move the Department beyond past problems.

Though a civilian oversight commission may be a new concept for LASD, it is not new to me or to law enforcement in general. Indeed, I spent many of my 29 years at the LAPD working with its citizens’ Police Commission. I have also worked with a citizens’ commission as Chief of Police in Long Beach. I have seen first-hand the value of empowering the community’s voice and welcome the opportunity to work with the Board of Supervisors, legal experts and community groups in developing the best possible model of civilian oversight for the LASD.

[SNIP]

While I encourage the Board of Supervisors, for all of these reasons, to move forward now with the approval of this concept, I believe that it is important to take the necessary time, and obtain expert guidance, to ensure that a newly created citizens’ commission has the structure, independence and resources to function effectively. In particular, I would urge serious consideration of a structure that would include not simply individuals appointed by the Board of Supervisors, but also other appointing authorities (that might include justice system partners and community stakeholders). To ensure their full independence and autonomy, serious consideration should be given to having commission members serve a set term of years and be empowered to select their own staff and leadership. The OIG, in carrying out the commission’s work, should have full access to LASD facilities, records and personnel, as allowed by existing law. These issues should be worked out in tandem with the development of the OIG, so that both entities can be part of a cohesive new civilian oversight structure. As noted above, it is my view that the commission should oversee and guide the work of the OIG, while also acting as a bridge to the community and a vehicle for the transparent airing of markers of progress in regard to moving LASD beyond past problems.


COMBATTING CHILDHOOD TRAUMA IN A DISADVANTAGED NEIGHBORHOOD

The Chronicle of Social Change’s Brian Rinker has an excellent story about San Francisco’s Bayview District Center for Youth Wellness, and Nadine Burke Harris, the pediatrician who pioneered its progressive, trauma-informed approach to healing kids in a violence-plagued neighborhood. Here are some clips:

San Francisco’s Bayview district is best known for its gun violence, drugs, pollution and poverty, and not much else. But a community health clinic’s radical approach to healing children may change all that by turning the impoverished neighborhood into an epicenter for trauma-informed care.

Pediatrician Nadine Burke Harris transformed her Bayview clinic to incorporate a growing body of research linking emotional and physical abuse, neglect and household dysfunction to a long list of poor health and societal outcomes later in life. The stress that arises from chronic exposure to trauma is so severe that it is called toxic stress, which can alter a child’s developing brain and body.

Since Burke Harris began treating patients struggling with toxic stress, she and her wellness center have become a fixture in the childhood trauma world: with glowing descriptions in news articles, and most recently a proposed California resolution to include the science of childhood trauma and toxic stress into the state’s policy vernacular.

“Nadine Burke Harris is a natural leader. She’s just wonderful,” said Esta Soler, president of Futures Without Violence, a organization advocating for trauma-informed policies on a national level. “Center for Youth Wellness is an incredible organization, a laboratory that will help many young people and families living with a lot of adversity.”

Soler said she hopes what Burke Harris is doing in the Bayview will inspire other leaders across the nation to apply child trauma research to their work with children.

[SNIP]

…the wellness center acts like an oasis for traumatized children. The roughly 1,000 children who visit the pediatrics office each year are screened using the Adverse Childhood Experiences scoring system, or ACEs. In 1998, researchers Robert Anda and Vincent Filletti released a blockbuster study linking child trauma to future health problems. The more the trauma the greater the likelihood a person will develop health and behavioral problems as an adult. They created the ACE score to measure instances of adverse experiences, like a child who is sexually abused by a parent, living with an alcoholic family member, a parent diagnosed with a mental health illness or having an incarcerated father are all traumatic instances calculated into a score. The higher the score the more likely that the patient would end up with health problems and even an early death. Patients with an ACE of score of 3 or 4 are sent to the Wellness Center for further help.

[SNIP]

Loftus said she expects to see 300 kids this year. Most kids treated at the center have a 3 or 4 ACEs score, but the range is from 0 to 8. The wellness center works with the child and family to design an individualized response to the toxic stress. The treatment usually involves education about adverse childhood experiences and how toxic stress can alter a child’s brain, therapy for coping with stress, better eating habits, exercise and biofeedback—where sensors are attached the body to identify stress points in an effort to teach the patient to avoid stressful situations.


LA COUNTY PROGRAM HELPS EX-OFFENDERS SUCCESSFULLY REENTER COMMUNITY THROUGH MENTORING AND TRAINING

Emerging Leaders Academy, a Los Angeles Sheriff’s Department reentry program, empowers former offenders to become self-reliant and successful through mentoring and education and employment services.

Only 11% of 700 participants have been locked up again after graduating the program (in stark contrast to the 75% recidivism rate in California).

The LA Daily News’ Dana Bartholomew has more on the program. Here’s how it opens:

Something strange happened to Carlos Duarte the day he attended an Emerging Leaders Academy eight weeks ago largely to get a glimpse of some pretty ladies.

A gang member slathered head to foot in tattoos, he’d spent the past 18 years in a California prison on an attempted-murder beef. He hated cops. And he’d just been busted for heroin.

What the 34-year-old ex-con stumbled into was an ember of hope in an empowerment program run by Los Angeles County Sheriff’s Department. He donned a tie and a sleeveless argyle sweater, and he now beams at being called Mr. Duarte.

“I went in to talk to girls,” said Duarte, now living at Cri-Help, a drug treatment program in North Hollywood. “And instead I found self-worth, self-confidence — and my life became meaningful.”

The Boyle Heights resident was among 48 “emerging leaders” gathering at the Agape International Spiritual Center in Culver City on Wednesday for their graduation from the sheriff’s celebrated empowerment, learning and jobs program, part of the department’s Education-Based Incarceration Bureau.

They had participated in some very bad things, done drugs, gone to prison, become estranged from decent friends and family. Most of all, all agreed they’d become strangers to their true “right” selves.

In eight weeks’ time — and daily Emerging Leaders Academy classes from the San Fernando Valley to Long Beach, La Puente to Culver City — the onetime losers were now emboldened winners.

“Emerging leaders, we don’t give them anything,” said sheriff’s Sgt. Clyde Terry, founder of the leadership academy. “We remind them of who they’ve always been — they’re extraordinary human beings.”

Posted in children and adolescents, Inspector General, LASD, Reentry, Sheriff John Scott, Trauma, Youth at Risk | 38 Comments »

Study Sez Letting Prisoners Out Early On Supervision Lowers Crime, County Counsel Must Disclose $$ Paid to Private Attorneys in LASD Suits…and More

June 6th, 2014 by Taylor Walker

MAXED OUT PRISON SENTENCES AND THE IMPORTANCE OF POST-RELEASE SUPERVISION (AND SPLIT-SENTENCING) FOR LOWERING RECIDIVISM

Nationwide, in 2012, one-in-five prisoners maxed out their sentence in prison and reentered their communities without supervision (a rise of 119% from 1990), according to a new Pew Charitable Trusts report. Conversely, data collected on prisoners in New Jersey showed that offenders who served part of their sentence on parole were 36% less likely to return to prison within three years of release than those who served the entirety of their sentence behind bars.

KPCC’s Rina Palta has the story. Here’s a clip:

Adam Gelb, director of the Public Safety Performance Project at Pew, said studies the group conducted in New Jersey and elsewhere found that, overall, offenders who serve a portion of their sentence on supervision were arrested or returned to prison 30 percent less than those who served their entire sentence in custody.

“It just doesn’t make sense to take somebody who’s been institutionalized, locked up in a prison 24/7, and put them straight back on the street without any supervision or accountability or monitoring or support whatsoever,” Gelb said.

Yet nationwide, the number of offenders serving their full sentences has gone up over the past two decades. Between 1990-2012, the number of inmates released without supervision went up 119 percent.

That could change, Gelb said, and has already started to. In the past few years, eight states — including California — took steps to make it easier to release offenders early to supervision.

California’s policy — called “split sentencing” — came out of prison realignment, which passed in 2011.

The policy — a response to a U.S. Supreme Court order to cut the state prison population — shifted the job of punishing lower-level felons from the state to the county level. It also gave the counties a tool to use if they choose: permitting these felons to be sentenced partially to time in county jail and partially to community supervision by the local probation department…

In California, prison realignment (AB 109) has reduced the number of max-outs in state prison to less than 1%, but it’s unclear to what extent max outs have transferred to the local level. Some counties (Contra Costa, for instance) have used their realignment funds to implement split-sentencing—in which sentences are “split” into part jail time, part probation—with favorable results. (Unfortunately, Los Angeles is actually backsliding in its use of split-sentencing.) Here’s what the Pew report has to say about the issue:

In 2011, Governor Jerry Brown of California signed Assembly Bill 109, the Public Safety Realignment Act. The landmark legislation transferred jurisdiction of lower-level offenders from the state Department of Corrections and Rehabilitation to the counties. Felony offenders who are classified as nonserious, nonviolent, nonsex registrant, known as “non-non-nons,” are now sentenced to county jail instead of prison, supervised by county probation departments under post-release community supervision, and sent to local jails if they violate the terms of their release. As a result, the number of inmates released from California prisons fell by more than half between 2011 and 2012, from 109,467 to 49,574.

Other elements of realignment also affected the number of California prison releases. All revocations for state parolees, except those with an original sentence of life, go to county jail instead of state prison for a maximum of 180 days. Additionally, the non-non-nons are being diverted from state prison at sentencing, reducing both admissions and releases.

As a result of these changes, the number of max-outs from state prisons fell in the first full year of realignment from 12 percent in 2011 to less than 1 percent in 2012. Under the new system, non-nonnons—more than 30,000 offenders who accounted for 62 percent of releases—are released to their county of last legal residence and supervised under post-release community supervision. Offenders diverted to supervision are eligible for discharge at six months, and sanctions for violators are capped at 180 days. Counties have discretion to determine the type of supervision provided. The remaining 36 percent of inmates released in 2012 were serving sentences for serious or violent crimes; they remained under the jurisdiction of state parole agents.

The extent to which realignment has shifted max-outs to the local level is unclear. County judges can now exercise their discretion to impose either a straight jail sentence without supervision or a split sentence that combines a jail term with a period of mandatory supervision to follow. Current use of split sentencing varies widely among the counties. Some order it in more than 80 percent of cases, while several, including Los Angeles and Alameda counties, use it less than 10 percent of the time. Without greater use of split sentences, large numbers of non-non-nons may be returning to California communities without supervision.

And here’s what the Pew report suggests to both lower the max-out rate and keep former inmates from reoffending:

1. Require a period of post-prison supervision for all offenders.
2. Carve out community supervision period from prison terms.
3. Strengthen parole decision-making.
4. Tailor supervision conditions to risk and need.
5. Adopt evidence-based practices in parole supervision.
6. Reinvest savings in community corrections.

In an op-ed for the Huffington Post, Attorney General Kamala Harris praises the Realignment Act for easing overcrowding in California prisons, but calls for implementation of alternatives to incarceration and evidence-based rehabilitation and re-entry services to lower recidivism. Here’s a clip:

Realignment shifted responsibility for the incarceration and supervision of low-level, nonviolent offenders from the state prison system to California’s 58 counties. It also directed significant financial resources to counties to handle their increased responsibilities and to create localized alternative solutions to incarceration.

Three years in, Realignment has achieved one of its primary purposes — reduction of the population of California’s prison system. Following implementation of Realignment, the state redirected 30,000 recently convicted offenders who would have gone to state prison to county jail and shifted supervision of 50,000 offenders from state parole agents to county probation departments. Realignment has also forced an examination of California’s return on its investment in incarceration. The state spends an estimated $13 billion per year on criminal justice, but almost two thirds of those released from state prison go on to commit another crime within three years. This rate of recidivism is a waste of taxpayer dollars, and it is a threat to victims of crime and to public safety in general.

As a career prosecutor, I firmly believe there must be swift and certain consequences for all crime, and that certain offenses call for nothing less than long-term imprisonment. But I also believe that the way our system deals with low-level, nonviolent and non-serious offenders wastes resources needed to fight more serious crime.

Rather than a one-size-fits all justice system that treats all crime as equal, I have argued for a “smart on crime” approach — one that applies innovative, data-proven methods to make our criminal justice system more efficient and effective. Such an approach will not only hold offenders accountable for their actions; it will make our communities safer by taking steps to ensure that they don’t commit new crimes.

Read on.


JUDGE RULES LA COUNTY COUNSEL MUST SAY HOW MUCH IT SPENDS ON PRIVATE LAWYERS IN LAWSUITS AGAINST THE LASD

Superior Court Judge Luis Lavin ruled in favor of civilian watchdog Eric Preven and the SoCal ACLU in a lawsuit demanding the Los Angeles Office of County Counsel release information on the exact dollar amounts paid to private law firms in lawsuits filed against the LASD and its personnel.

Here’s an ACLU clip from last October when the lawsuit was filed:

ACLU SoCal and Mr. Preven submitted several California Public Records Act (CPRA) requests for the documents that list not only money paid to private attorneys, but also the contracts between the County and individuals hired to oversee implementation of the recommendations of the Citizens’ Commission on Jail Violence. The County Counsel denied the requests. Lawyers from the ACLU Foundation of Southern California and the law firm of Davis Wright Tremaine LLP are representing ACLU SoCal, and the ACLU Foundation of Southern California is representing Mr. Preven.

During the fiscal year 2011-12, lawsuits against the Sheriff’s department cost the county $37 million, not including the costs the County paid to private lawyers to defend LASD, according to Supervisor Gloria Molina. The cost of defending LASD likely adds millions of dollars to the total. In just the first six months of fiscal year 2012-13, the total the County spent on verdicts and settlements on lawsuits against LASD was $25 million, not including the costs of defending those suits.

“We are asking the officials of Los Angeles County to be transparent and tell taxpayers how their money is being spent on private attorneys to defend deputies accused of savage beatings and other illegal actions,” said Peter Eliasberg, legal director for the ACLU Foundation of SoCal.

John F. Krattili, county counsel, responded to the CPRA requests saying that billing records that document the tasks and time for which private firms were billing the County are exempt from disclosure.

“The County is paying out millions of dollars to private law firms, and when we, the people, ask to learn more about how that money is being spent, the answer is ‘none of your business!’ Sorry, that doesn’t cut it.” said Petitioner Eric Preven. “We’re demanding an end to the secrecy around practices that may well have cost the taxpayers far more than they’ve saved.”

And here’s a clip from what we at WLA said about the lawsuit when it was filed:

…of course, what the ACLU/Preven lawsuit rightly points out is that the $37 million total we have been given for last year is not, in fact, the real total. It’s not real because it doesn’t include the money paid to the private attorneys hired to defend the county in lawsuits filed against the sheriff’s department—suits like the recently concluded Willis case that we wrote about here.

Willis v. Rodriguez is the one where, after a week-long trial, a federal jury unanimously found Sheriff Lee Baca personally liable for punitive damages in relation to the brutal beating Mr. Willis received from deputies when he was a guest at Men’s Central Jail. (The jury also found 4 other present and former department members liable for damages as well.)

Willis’ attorney, Sonia Mercado, told me that originally Willis wanted to settle, that he wasn’t interested in punitive damages. He simply wanted his doctor bills and injury-related expenses paid for.

But the county’s hired gun lawyers refused to settle. Instead they pushed for a trial. And guess what? They lost resoundingly at trial. Now, we’ve been told that Baca intends to appeal—which means a brand new round of attorneys’ bills.

And, as with every other case filed and eventually settled against the sheriff’s department, we, the taxpayers, will pay the tab for all of it. Unfortunately, we don’t have a clue how much those tabs are really costing us.


TWO SOLITARY CONFINEMENT CASES—ONE IN CALIFORNIA, ONE IN ARIZONA—RECEIVE CLASS ACTION STATUS

This week, a federal judge granted class action status to a lawsuit filed by Pelican Bay inmates challenging the prison’s solitary confinement conditions and the policies keeping a number of prisoners in isolation for decades. (Backstory here and here.)

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

The inmates allege physical and psychological abuse when California puts inmates in Pelican Bay’s windowless isolation cells. The prisoners are confined 22 hours a day and, in some cases, have been in solitary for years and decades at a time.

The Pelican Bay inmates, in their federal lawsuit, also challenged the administrative process California uses to determine who to send to the super-maximum security cells for an indefinite stay….

In courtroom proceedings, lawyers for the state have argued that isolation is necessary to keep the peace within prisons, and to hinder gang activity inside and outside prison walls. They said that by creating a so-called “step-down” program last year that allows some prisoners to eventually earn their way out of isolation, the state had made sufficient improvements.

In her ruling Monday, U.S. District Judge Claudia Wilken narrowed the class action case to just those Pelican Bay inmates who have not been accepted into the state’s step-down program.

[SNIP]

The class action motion was filed by 10 Pelican Bay inmates in solitary confinement, but California has since moved five of them to other quarters. Wilken’s order allows the remaining five prisoners to represent the larger class of some 500 Pelican Bay prisoners who have spent more than a decade in isolation, and some 1,100 put into solitary because of alleged gang associations.

And in another piece of good news, on Thursday, the 9th U.S. Circuit Court of Appeals allowed an ACLU lawsuit alleging mistreatment of Arizona prisoners to proceed as a class action case. The suit alleges denial of adequate healthcare and unconstitutional use of isolation. East Valley Tribune’s Howard Fischer has more on the issue.

Posted in LASD, Los Angeles County, Reentry, Rehabilitation, Sentencing, solitary | No Comments »

Post-Primary Election News Roundup, TEDx Talks on Education at Ironwood State Prison, WLA on KCRW’s Press Play at 1:00p.m., and Wolves

June 5th, 2014 by Taylor Walker

SHERIFF ELECTION UPDATES: MEDIA BANNED FROM TANAKA’S ELECTION NIGHT PARTY…AND MORE

On Tuesday night, after the June primary results rolled in, LA Weekly’s Gene Maddaus attended LA sheriff frontrunner Jim McDonnell’s election night party. (If you missed the results, McDonnell just missed the 50.1% of votes needed to win the primary election, coming in at 49.15—about 35% ahead of the second highest candidate, Paul Tanaka.)

Maddaus also tried to attend Paul Tanaka’s party at a restaurant called “Cherrystones” in Gardena. Surprisingly, Maddaus was promptly kicked out and informed that the media were not allowed at the function, and that he was “trespassing.”

Here are some clips from Maddaus’ post-primary story:

McDonnell presented himself as an outsider who had the experience to clean up the scandals that have plagued the department under Sheriff Lee Baca, who was forced to resign in January. That message appeared to resonate with voters.

“They want a fresh start,” McDonnell told his supporters at his election night party at the J.W. Marriott Hotel in downtown L.A. “They want the Sheriff’s Department to reach its full potential, to put the shine back on the badge again.”

Steve Barkan, McDonnell’s strategist, said the results “significantly exceeded” his expectations. Based on internal polls, he believed McDonnell would finish in the mid- to high-30s. The polling also suggested that Tanaka would finish a stronger second.

[SNIP]

Tanaka barred the media from attending his election night celebration. The Weekly was thrown out of the event, at Cherrystones restaurant in Gardena, within two minutes of arriving.

“It’s a private party. What else do we need to explain?” said one Tanaka supporter.

“You’re trespassing,” said another, who identified himself only as a Marine combat veteran.

Ed Chen, Tanaka’s campaign manager, said the party was a “very intimate” event, and that Tanaka’s supporters were being “protective” of him. Later on, some members of the press were escorted into the restaurant for brief interviews or photos, and then escorted out.

Maddaus also appeared on KCRW’s Which Way, LA? with Warren Olney to discuss the sheriff election results.

And although LASD whistleblower Bob Olmsted came in third place with 9.89%, he played an important role by helping jumpstart reform and make a new sheriff possible.

Here’s a clip from Olmsted’s thank you letter to his supporters:

From the bottom of my heart, I want to thank you for everything you’ve done in this campaign.

While we didn’t come out on top, we nonetheless changed the conversation, drove the debates about the issues, and forced candidates to take positions on reform policies that they wouldn’t have otherwise.

Most importantly, we were instrumental in exposing the corruption occurring in the Department which led to the dismissal of disgraced former Undersheriff Paul Tanaka and the resignation of Sheriff Lee Baca.


150K BALLOTS STILL UNCOUNTED

There are still about 150,000 mail-in ballots left to count, according to the County Registrar. This means that there is still a—very—small chance that McDonnell will make it over the 50.1% mark and be named sheriff. (We’ll keep you updated, of course.)

The LA Daily News’ Thomas Himes has the story. Here’s a clip:

McDonnell handily won Tuesday’s primary, claiming 49.15 percent compared to the former undersheriff’s 14.74 percent, but he’s still short of the 50 percent plus 1 vote majority needed to end the election and name him sheriff.

But the Los Angeles County registrar still needs to count an estimated 148,680 mail ballots that were received on election day or handed in at the polls — 537,346 votes are already decided in the race.

Anticipating that McDonnell won’t reach 50 percent, Tanaka’s campaign is gearing up for a second matchup in the fall.

“This campaign is far from over; in fact, it has just begun,” Tanaka said. “We always knew this would be a two-phase race, and we start again today.”

McDonnell also is assuming he won’t pass the threshold.

“While I’m hopeful, I’m preparing for a runoff in November,” he said in a telephone interview Wednesday.


TEDxIRONWOOD: FIRST EVER TED TALKS EVENT IN A PRISON

On May 10, a TEDx event at California’s Ironwood State Prison (the first TED event inside a prison) emphasized the power of prison education programs to reduce recidivism and provide better outcomes for former offenders reentering their communities. Speakers included inmates in Ironwood’s education program, prison staff, and advocates like Hangover producer and Anti-Recidivism Coalition founder Scott Budnick and Virgin Group founder, Sir Richard Branson.

Here are some clips from Budnick’s story on TEDxIronwood for the Huffington Post:

Picture driving on a desolate two-lane road, past one low flat building after another, before seeing the tall steel fences and razor wire that signal your destination: a maximum security prison, blazing hot, in the middle of the desert, not far from the border between California and Arizona, an hour past the sunny vacation destination of Palm Springs. After several checks of your identification and passing through multiple sets of sliding steel gates, you’re directed down a long sidewalk with an empty yard on one side and concrete buildings on the other. It’s eerily quiet, though you know 3,280 men live here in a space built for 2,200.

But inside these concrete buildings, something extraordinary is happening. The largest prison education program in California is thriving at Ironwood State Prison, where men are transcribing college textbooks into Braille, learning trade skills and where an astonishing 1200+ students have earned college degrees.

[SNIP]

TEDx Ironwood elevated the importance of correctional education. Actors, musicians, activists, foundation leaders and even Sir Richard Branson, Founder of the Virgin Group, found their way to Ironwood, where a prison gym was transformed into a sound stage with lights, cameras, microphones and chairs for 150 men who are incarcerated at Ironwood and 150 visitors in attendance. And who most impressed the audience? The incarcerated, who coordinated, hosted and spoke on a theme they called, Infinite Possibilities.

The event highlighted the fact that correctional education programs have been shown to save dollars and greatly decrease recidivism rates, which means they increase public safety. In California, 95 percent of incarcerated individuals are released from prison, and two thirds of them end up behind bars again. The men advocated that it’s smarter to use education to give those who are released the best possible shot at a second chance. I’ve seen this through my own work with the InsideOUT Writers program, through which incarcerated young people are given the opportunity to use creative writing as a catalyst for personal transformation. And we welcome these men and woman home and into colleges and Universities, through our organization, The Anti-Recidivism Coalition (ARC).

(Read Branson’s blog post about his TEDxIronwood experience, here.)

Douglas Wood, a program officer for the Ford Foundation’s Higher Education for Social Justice initiative, had some interesting things to say about the school-to-prison pipeline and why prison education is so crucial. Here’s his TEDx Talk:

Here are a couple of other Ironwood talks that shouldn’t be missed:


WLA ON KCRW’S PRESS PLAY WITH MADELEINE BRAND

WitnessLA’s editor, Celeste Fremon, will be on the Madeleine Brand show, Press Play, today at 1:00p.m. to discuss the sheriff election results and the second federal obstruction of justice trial.


GRAY WOLF GETS ENDANGERED SPECIES STATUS IN CALIFORNIA

It has been confirmed that OR-7 (the Oregon gray wolf who made history as the first wolf in California since 1924 when he wandered across the state line from Oregon) has finally mated and sired at least two pups in Oregon, near the border.

On Wednesday, the California Fish and Game Commission voted in favor of listing the gray wolf as an endangered species, which will protect OR-7 and his new pack, along with any future migrating wolves. (Hooray!)

KQED’s Lauren Sommer has the story (and a very cute photo of wolf pups courtesy US Fish and Wildlife). Here’s a clip:

While no wolves are known to be in California currently, the state was thrust into the debate when a lone, radio-collared wolf known as OR7 wandered across the Oregon-California border in 2011, becoming California’s first wolf since the 1920s. OR7 has since returned to Oregon and earlier this year was spotted with a possible mate.

Just as public testimony ramped up at the commission meeting on Wednesday, the U.S. Fish and Wildlife Service confirmed that OR7 and a mate have produced at least two pups in southwest Oregon, the first litter observed since wolves returned to that area.

The new pack raises the odds that wolves will expand into California.

“We expect that in a decade or less there will be wolf populations in California,” said Chuck Bonham, the director of the state Department of Fish and Wildlife. “That is nature taking its course. They are migrating across the West and from the Northwest, south.”

Posted in Education, LASD, Paul Tanaka, prison, Reentry, Rehabilitation, School to Prison Pipeline, Sheriff Lee Baca, wolves | 10 Comments »

LASD Deputy James Sexton Trial: Day One, Cities Reconsidering Banning Ex-Inmates from Public Housing, Oregon Reduces Recidivism with Parent Training, and Wolves

May 14th, 2014 by Taylor Walker

DAY ONE OF THE FIRST “OPERATION PANDORA’S BOX” TRIAL

Trial began Tuesday for L.A. County Sheriff’s Deputy James Sexton, who is one of seven LASD officers accused of conspiracy to obstruct justice by allegedly hiding federal informant Anthony Brown from the FBI. (Backstory here.)

KPCC’s Rina Palta has a good rundown on Tuesday’s happenings. (And we at WLA will have more as the trial moves forward.)

Here’s a clip:

Federal prosecutors say Deputy James Sexton hid a jail inmate working as an FBI informant from federal investigators, moving him from jail to jail under fake names, and was part of a conspiracy to try to intimidate an FBI agent by showing up at her home and threatening her with arrest.

Defense attorneys, meanwhile, argue the FBI’s “well meaning but poorly planned” jails investigation sparked a turf war between the federal agency and the local sheriff’s department, and Sexton was a bit player in a game between high powered law enforcement agencies.

Sexton’s charges for conspiracy and obstruction of justice stem from a 2011 incident.

In her opening statement, Assistant U.S. Attorney Elizabeth Rhodes said members of the sheriff’s department working in Men’s Central Jail found a cell phone in inmate Anthony Brown’s jail cell on August 18, 2011. From there, they figured out that the FBI had provided Brown with that phone — and that he was working as an informant for the federal government.

Immediately, the group of deputies and their lieutenant began a campaign to “shut down” the federal investigation, Rhodes said.

“Now they started down the road to obstructing justice,” Rhodes said…

Read on.


MAJOR CITIES RETHINKING BANS ON FORMER OFFENDERS LIVING IN PUBLIC HOUSING

A new Wall Street Journal article draws attention to the issue of banning former inmates from public housing on both the city and federal levels.

As efforts to lower recidivism by increasing rehabilitation and re-entry services for those returning to their communities, Los Angeles, New York, and housing authorities in other cities are beginning to consider and test programs to allow certain low-level offenders to access public housing.

The Wall Street Journal story by Matt Peters is behind a paywall. Here are some of the relevant clips, for those who don’t subscribe:

Most ex-convicts are locked out of public housing when released, a vestige of “one strike and you’re out” approaches that rose to prominence in the 1990s as housing authorities reeled from rampant crime and mismanagement. Housing officials said some families have long allowed ex-offenders to move into public housing illegally, while others see the risk of losing their apartments as too great.

But now, as crime rates across the U.S. have declined and many of the most notorious housing projects were torn down, an increased focus is being put on the buildup of prison populations and how the barriers ex-offenders face upon release may feed high rates of unemployment, homelessness and recidivism.

While comparative data on the situation among ex-convicts before such housing bans became prevalent and now are almost nonexistent, housing advocates increasingly are looking at the connections between homelessness and incarceration. New York department of corrections data, for example, show 22% of inmates from New York City paroled last year from state prison listed a homeless shelter as their first address. And a recent federal study tracking 405,000 prisoners in 30 states found two-thirds were arrested for a new crime within three years of release.

Encouraged by federal housing officials, Chicago and other large cities are starting to rethink the restrictions. The New York City and city of Los Angeles housing authorities are testing programs to allow certain inmates to move in with family in public housing upon release, while Chicago is planning a similar trial. The New Orleans Housing Authority is going further, with a policy that states a criminal background won’t automatically result in rejection.

Still, not everyone would qualify, as federal rules ban from public housing certain former criminals such as sex offenders and those convicted of producing methamphetamine. Local housing authorities are also setting other requirements as they test the changes…

Public housing authorities and voucher programs in many cities have considerable waiting lists. So for now, authorities are targeting inmates who want to return to family already in public housing. The New York City authority, which manages nearly 180,000 apartments, is allowing 150 former inmates, who must go through special screening and follow-up monitoring, to join family.


OREGON STUDY SHOWS SIGNIFICANT RECIDIVISM REDUCTION WHEN INCARCERATED MOTHERS AND FATHERS RECEIVE PARENT TRAINING

An Oregon Department of Corrections study found that inmate mother and fathers who participated in parent training were 95% less likely to report new offenses in the first year after release than the study’s control group. Mothers were 59% less likely to be arrested in that first year, and fathers were 27% less likely. The study is part of ODC’s Children of Incarcerated Parents Project, which has been in effect for 11 years, and aims to reduce recidivism and improve outcomes for kids with locked-up parents.

ThinkProgress’ Nicole Flatow has the story. Here’s a clip:

Kids whose parents are in prison are not only missing emotional support. About half of these parents had been the primary providers of their children’s financial support before going to jail.

So Oregon has good reason to be looking at ways to keep parents out of jail. And after 11 years of trying, it’s found one that seems to serve its purpose of curbing the cycle of crime. An Oregon Department of Corrections study found that inmates who underwent parenting training while behind bars were 95 percent less likely than those in a control group to report criminal activity in the year after the training. They were also significantly less likely to be arrested again. Women who underwent parenting training were 59 percent less likely to be arrested a year later, while men were 27 percent less likely to be re-arrested.

Fathers who participated in the program were also significantly more likely to give their children positive reinforcement after being released. And parents were more likely to have regular family contact, which has been associated with lower rates of repeat offenses in many previous studies.


AND IN CHEERING WOLF-RELATED NEWS…

In late 2011, the Oregon gray wolf, OR-7, made history when he wandered across the state line from Oregon into California (likely looking for a mate). He was the first wild wolf in California since 1924. In March 2013, OR-7 returned to Oregon, but has crossed the border often since.

Oregon Department of Fish and Wildlife announced on Monday that it believes OR-7 has finally found a mate. ODFW has photographed a female wolf in OR-7′s territory and believe minimal movement from OR-7′s tracker means that they have denned and produced a litter. (Hooray!)

Sacramento Bee’s Matt Weiser has the story. Here’s a clip:

The Oregon Department of Fish and Wildlife reported Monday it has photographic evidence that OR7 has found a female companion somewhere in the state’s Rogue River-Siskiyou National Forest region. Officials, following usual policy, won’t reveal exactly where the two are located. But the agency has identified a large spear-shaped region of land as OR7’s territory, stretching north from the California border between Medford and Klamath Falls.

In early May, the same remote cameras in the national forest captured images of a female wolf as well as the first images the agency has ever captured of OR7 himself. The coinicidence of these images, as well as data from the GPS collar worn by OR7, “strongly indicate” the two have mated, said Michelle Dennehy, spokeswoman for the Oregon wildlife agency.

A recent relative lack of movement by OR7 also suggests the wolf couple has denned up and produced a litter of pups, especially given that the time of year is typical for mating.

Posted in LASD, Reentry, Rehabilitation, wolves | 2 Comments »

Los Angeles DA Speaks Out Against Over-Incarceration, NYC Theater Troupe Hires Troubled Teens to Write & Perform…and Mother’s Day

May 12th, 2014 by Taylor Walker

DISTRICT ATTORNEY JACKIE LACEY SAYS LA NEEDS TO BE DOING MORE TO KEEP PEOPLE OUT OF JAIL

Last Tuesday, during the Board of Supervisors’ discussion about whether to move forward with a new $2 billion jail plan, LA District Attorney Jackie Lacey presented to the board a plan in progress that would divert a considerable portion of the county’s mentally ill inmates away from jail and into community treatment programs.

While the board voted in favor of the jail proposal, they also asked DA Lacey and her jail diversion task force to report back in 60 days with a more complete picture of their plan.

In a refreshing interview with the LA Times Steve Lopez, DA Lacey discusses LA’s over-incarceration of people who would experience better outcomes in community-based treatment, other counties with successful diversion programs, and some of the justice reforms she wants to help Los Angeles achieve. Here are some clips:

“It is clear, even to those of us in law enforcement, that we can do better in Los Angeles County,” she said, which is why she’s leading a task force that is studying less expensive and more effective alternatives than incarceration. “The current system is, simply put, unjust.”

Despite hearing this, the supervisors voted to proceed with a nearly $2-billion jail construction project designed to accommodate about 3,200 inmates with a mental illness — the same number currently locked up.

If you’re scratching your head, you aren’t alone.

The supes also voted to study diversion, which was nice, except that they got it backward. If they’d scoped out better options first, they might have discovered that it makes sense to build a smaller and less expensive jail and invest more in drug and alcohol and mental health treatment, cutting into both the jail and homeless populations. The county already has roughly 1,200 people in diversion programs, a number that could grow if not for funding and resource limitations.

Lacey didn’t want to talk about the politics of the matter when I visited her Thursday. But she was happy to explain how she came to believe in diversion as the more humane and effective option in some cases.

“It has been an evolution,” she said. “If you spend day in and day out in a courtroom, it becomes like Groundhog Day…. You’re seeing the same people with the same issues — drug addiction and mental illness,” many of them in for low-level, non-violent crimes. “You start to wonder: Are we really making a difference, especially when you consider that California has such a high recidivism rate?”

[SNIP]

On a tour of the overstuffed mental wards in county jail last year, Lacey was disturbed by conditions there — specifically the chaining of inmates to tables for therapy sessions. She and jail commander Terri McDonald began sharing ideas last December on a better system, and Lacey formed a task force that includes McDonald, court and law enforcement officials, the county mental health department and numerous other public and nonprofit agencies.

Lacey sent Assistant D.A. Bill Hodgman to Miami and San Antonio to study successful diversion programs, and she went to see another one for herself.

“I’m the district attorney of progressive Los Angeles, and I’m down in Memphis, Tenn., where police officers are spending 40 hours of training learning how to deal with mentally ill people so they don’t have a Kelly Thomas situation like they had in Orange County,” she said of the young mentally ill man who died after an altercation with police officers in Fullerton.

Lacey said she wants that same kind of training to be mandatory for all police officers. She wants more emergency units composed of police officers and mental health workers, and pre-arrest diversion to crisis and referral centers. She wants guidelines for prosecutors on which cases to divert. And she wants to explore funding options for more community-based treatment and housing.


STARGATE THEATRE PROGRAM IN NYC AN ALTERNATIVE-TO-INCARCERATION PROGRAM THAT PAYS KIDS TO WRITE AND ACT

Last week, we pointed to the California Dept. of Corrections and Rehabilitation’s announcement that the state would begin funding vital prison art programs once again.

Yet another example of why arts programming is so important for justice system-involved kids and adults, in NYC, the Stargate Theatre Company (a pilot program of the Manhattan Theatre Club) hires at-risk teenage boys, mostly low-level offenders, to write and act in their theatre troupe. The program is run by entertainment professionals, including four-time Emmy-winning writer Judy Tate, and the kids get to rehearse on the same stage as big-name actors in the Manhattan Theatre Club.

Nationswell’s David Wallis has more on the Stargate program, and the ways it empowers the kids involved. Here’s how it opens:

Last summer, on his first day on the job as an actor and writer for the Stargate Theatre Company in New York City, Christopher Thompson contemplated quitting. While many might consider getting paid to create performance art a step up from janitor’s assistant — his previous summer job — Thompson initially thought otherwise. Fear consumed the 17-year-old from Flatbush, one of Brooklyn’s less fashionable neighborhoods; he worried about being mocked for his grammar, handwriting and morbid humor. “I was afraid of people finding my form of expression really bad, really effed up,” says Thompson, who bears a resemblance to the Cat in the Hat with his lanky frame, long striped-knit cap and mischievous grin. He remembers feeling “extremely defensive” and thinking to himself, “This is awful. Why am I here? I’m not a talker, but I need the money.”

Thompson’s bumpy path to the stage began after a brief stint in New York’s notorious Rikers Island prison. Police arrested him last year for punching a classmate; it was his first offense. He contends that the kid he slugged during lunch harassed him about his black skin, but Thompson acknowledges that he has “anger problems.”

An alternative-to-incarceration program recommended Thompson to Stargate, a pilot project founded last year by the prestigious Manhattan Theatre Club (MTC), which produces Broadway and Off-Broadway plays. The unconventional Stargate theater troupe pays “court-involved” and at-risk teenage boys (most participants have committed low-level crimes) to stage a performance piece in a quest to reduce recidivism, teach literacy and provide work experience that looks far better on a CV than time in jail. The cast members — who applied to be part of the program — worked for a minimum of 12 hours a week for six weeks last summer to develop an autobiographical show, which they performed at New York City Center – Stage II, a sleek theater in Midtown Manhattan. After the premiere in August 2013, the teens returned to high school, though they reconvened for an encore performance of the show in October.

“We’re hiring these young men to be members of a theater company,” says David Shookhoff, education director of the Manhattan Theatre Club and an acclaimed director, most recently of the Off-Broadway hit “Breakfast With Mugabe.” “Their job is to write and to perform and to operate as an ensemble.” Shookhoff believes Stargate’s seven charter members learned to be timely, collegial and cooperative, valuable traits in the workplace.

Read on.


MOTHER’S DAY BEHIND BARS

With Mother’s Day just behind us and Father’s Day around the corner, Mother Jones’ Katie Rose Quandt reminds us that over three percent of kids in America have at least one parent behind bars.

Here’s the intro, but head over to the actual story (infographics abound):

My foster sister is in prison. Her four children see her briefly once a month, as part of a 368-mile round-trip that takes up their entire Saturday. (Before she was transferred last month, the trip measured 404 miles). She has missed so many milestones and special events in her children’s lives: first days of kindergarten, Christmases, birthdays, Halloweens, first school dances.

More than three percent of American children have a parent behind bars; so many that even Sesame Street thought to address the issue in a heartbreaking video and a recent initiative. With Mother’s Day upon us, I have to wonder: As kids grow up, what’s it like when the person they love most is locked away?

(For other WLA posts about kids with incarcerated parents, go here, and here.)

Posted in District Attorney, LA County Board of Supervisors, LA County Jail, Reentry, Rehabilitation, Youth at Risk | No Comments »

Supervisors on Recommended Foster Care Reform, From Prison to Campaigning for State Assembly, Federal Recidivism Study…and More

April 23rd, 2014 by Taylor Walker

BOARD OF SUPERVISORS RESPONDS TO COMMISSION’S FINAL FOSTER CARE REFORM RECOMMENDATIONS

On Tuesday, the LA County Board of Supervisors responded to final recommendations made by the Blue Ribbon Commission on Child Protection. The Supes did not all agree on specific DCFS reforms—Supe Zev Yaroslavsky called the creation of a separate oversight panel “a non-starter”—but did agree to study the final report before acting on any recommendations.

KPCC’s Rina Palta has the story. Here’s a clip:

Citing years of reforms, reports, and even court cases aimed at overhauling the Department of Children and Family Services, commissioner Leslie Gilbert-Lurie told the board that the county needs an oversight team to make sure the reform proposals don’t gather dust on the shelves in the county building.

“Recommendations will come and go,” Gilbert-Lurie said. “As we can all now recite in our sleep, there have been hundreds of them. The problem fundamentally is not a lack of good ideas or of good people.”

An oversight panel is the reform several commissioners called the most important. It’s also the most controversial among county leaders.

The panel has also suggested creating an Office of Child Protection to coordinate amongst the numerous agencies (DCFS, law enforcement, District Attorney, Department of Health) that touch on child welfare going forward.

“A solid structure that takes in good ideas, assesses them, funds them, implements them, and holds people accountable for better results than in the past will lead to sustainable change,” Gilbert-Lurie said.

Supervisor Zev Yaroslavsky, who voted against creating the blue ribbon panel in the first place, called the idea a “turkey.”

“What this issue needs is not more bureaucracy and more commissions, it needs results,” Yaroslavsky said.

The supervisor said moving resources from one under-funded department to a brand new one is hardly a solution.

“It’s a non-starter with me,” he said, though he said many of the ideas contained in the report were worth pursuing and more practical.

Board President Don Knabe has also expressed skepticism that more county agencies and commissions is that way to go.

Supervisor Mark Ridley-Thomas, who pushed for the blue ribbon panel, said he’s “undeterred.”


PROPHET WALKER: FROM LOCKUP TO RUNNING FOR STATE ASSEMBLY

To say that Prophet Walker had a rough beginning, would be a rather large understatement. He grew up in the projects in Watts, was abandoned as a young child by his mother, and landed himself in prison at age 16. While in prison, Prophet made impressive use of his time, getting a college education, and helping to persuade the CDCR to allow certain young offenders to pursue education in lower security prisons.

Now, ten years later, Prophet is running for a state Assembly seat with the help of some serious mentors and supporters (namely “Hangover” producer Scott Budnick and Carol Biondi, commissioner of the LA County Commission for Children and Families).

James Rainey has a very cool Column One story about Prophet. Here’s how it opens:

The kids at Compton YouthBuild can be a tough audience. Many come from broken homes, flunked out of multiple schools, even spent time in jail.

By the last day of Black History Month, some at the alternative school — which looks boarded shut from Compton Boulevard — had gotten their fill of talk about hope and perseverance.

On this late Friday afternoon, though, a tall young man strode into their big multipurpose room and flashed a flawless smile. He looked a bit like the rapper Drake. Or so said a girl near the front, giggling.

When the visitor began, “How many people here are familiar with Nickerson Gardens?” some of the students stopped mugging and poking one another. They not only knew the housing project where their guest came up, they knew other young men not unlike him whose mothers struggled with addiction, who had children while still nearly children themselves, who had let violence win them over.

But his story didn’t end like most. He found a way to keep learning while behind bars, went to college, then got a job overseeing big-ticket construction projects. He told the students of knowing Kendrick Lamar from back in the day and how he recently visited the hip-hop star backstage at one of his shows. Hearing that, one boy in the audience whistled in admiration and exclaimed: “Damn!”

Not only had their visitor played fate for a fool, he had a name that seemed plucked straight from a Spike Lee drama: Prophet. Prophet Walker.

“A lot of people who came from the ‘hood don’t do anything. But he came back,” student Jonathan Chase Butler said after Walker’s talk. “He is trying to speak to us and inspire us, and I see I can actually push forward and keep going. That is huge.”

Now Walker, just 26, is trying to build on his unlikely story. With no experience in politics or government, he’s running for the California Assembly, hoping to represent a district that stretches from South L.A. to Compton, Carson and a slice of Long Beach.
Such is the power of his resurrection tale that actor Matt Damon has donated to his campaign and television pioneer Norman Lear sponsored a fundraiser.

His high-powered supporters tend to focus on Walker’s inspiring rise out of bleak beginnings. As he steps onto a bigger public stage, though, he will also have to address more directly what happened during his fall…

Read on.


NEW FEDERAL STUDY ON RECIDIVISM

Two-thirds of inmates released in 2005 were rearrested within three years, and three-quarters were rearrested within five years, according to a new study released by the US Bureau of Justice Statistics.

The study samples former prisoner data from 30 states, including California, between 2005-2010, and is the first large-scale federal study of its kind in almost 20 years.

Here’s a clip of some of the study’s key findings from the BJS announcement:

More than a third (37 percent) of prisoners who were arrested within five years of release were arrested within the first six months after release, with more than half (57 percent) arrested by the end of the first year…

During the five years after release, prisoners in the study were arrested about 1.2 million times across the country. A sixth (16 percent) of released prisoners were responsible for nearly half (48 percent) of the arrests. About two in five (42 percent) released prisoners were either not arrested or were arrested no more than once in the five years after release.

The longer released prisoners went without being arrested, the less likely they were to be arrested at all during the follow-up period. For example, 43 percent of released prisoners were arrested within one year of release, compared to 13 percent of those not arrested by the end of year four who were arrested in the fifth year after release.

Among prisoners released in 2005 in 23 states with available data on inmates returned to prison, about half (50 percent) had either a parole or probation violation or an arrest for a new crime within three years that led to imprisonment, and more than half (55 percent) had a parole or probation violation or an arrest within five years that led to imprisonment.

Recidivism rates varied with the attributes of the inmate. Prisoners released after serving time for a property offense were the most likely to recidivate. Within five years of release, 82 percent of property offenders were arrested for a new crime, compared to 77 percent of drug offenders, 74 percent of public order offenders and 71 percent of violent offenders.

Released prisoners who were incarcerated for a violent, property or drug crime were more likely than other released inmates to be arrested for a similar type of crime. Regardless of the incarceration offense, the majority (58 percent) of released prisoners were arrested for a public order offense within five years of release. An estimated 39 percent of released prisoners were arrested within five years for a drug offense, 38 percent for a property offense and 29 percent for a violent offense.

Recidivism was highest among males, blacks and young adults. By the end of the fifth year after release, more than three-quarters (78 percent) of males and two-thirds (68 percent) of females were arrested, a 10 percentage point difference that remained relatively stable during the entire 5-year follow-up period.


MAN WITH ALCOHOLIC TRIAL LAWYER STILL HEADED FOR EXECUTION

In yet another example of a flawed capital punishment system, a “borderline” mentally disabled man, Robert Wayne Holsey, faces execution in Georgia—a fate he would not likely be faced with had he been provided competent counsel. Instead, Holsey was represented by Andy Prince, a lawyer who says he drank a quart of alcohol per day during the death penalty trial.

Mother Jones’ Marc Bookman has the story. Here’s a clip:

In the early hours of December 17, 1995, Robert Wayne Holsey was arrested and charged for the murder of Baldwin County Deputy Sheriff Will Robinson, who pulled over Holsey’s car following the armed robbery of a Jet Food Store in the county seat of Milledgeville. As with any killing of a police officer, it was a high-profile affair. Most of the county’s judges attended Robinson’s funeral, and many sent flowers. To ensure an impartial hearing, the trial had to be moved two counties away.

Like the great majority of people arrested for serious crimes, Holsey could not afford a lawyer; he had to depend on the court to appoint one for him. But it is reasonable to wonder why any court would have chosen Andy Prince for the job. Beyond his chronic alcohol problem and the financial judgments piling up against him, Prince did not generally handle cases in the Milledgeville area.

As it turns out, little thought was given to his suitability. The selection process in the Holsey case conjures up the old military trope about volunteering by means of everyone else taking a step backward. “Because of who the victim was, nobody within the circuit wanted to be appointed to this case,” Prince later testified. “And I told [the judge], sure, I’d take it.”

On one condition: He insisted on picking his co-counsel. Prince had handled capital cases before, and with some success, but he’d only worked on the more traditional guilt/innocence part of the representation—never the crucial sentencing phase. He contacted Rob Westin, the lawyer he’d collaborated with previously. Westin said he’d do it, but then reversed himself in short order. Westin “had gone to the solicitor’s office in Baldwin County,” Prince later explained, “and had been told that they couldn’t believe that he was representing Mr. Holsey and that if he continued to represent him he would never get another deal worked out with that office.”

His next attempt to secure co-counsel failed as well; the lawyer quit after a few months on the case and took a job with the state attorney general’s office. Seven months before the trial date, Prince finally found his “second chair” in Brenda Trammell, a lawyer who practiced in Morgan County, where the case was to be tried: “She was about the only one that would take it.”

As for Trammell, she assumed she was selected “based on proximity,” as she later testified. “I had not tried to trial a death penalty case and I waited for him to tell me what to do, and there really was not a lot of direction in that way.”

There was still one thing missing. What distinguishes capital murder trials from noncapital ones is the penalty phase, wherein the jury hears additional evidence and determines the appropriate punishment—usually choosing between death and life without parole. During this phase, a “mitigation specialist,” whom the American Bar Association (ABA) describes as “an indispensable member of the defense team throughout all capital proceedings,” gathers information that might convince jurors to spare the defendant’s life. Indeed, the court provided Holsey’s defense team with sufficient funds to hire a mitigation specialist, but no one was ever able to account for the money. Prince later said that he didn’t remember what happened to it, only that he was certain no mitigation specialist was ever hired. Which may explain Trammell’s response to this question from Holsey’s appeals lawyer.

Q: When you got into the case, was there any theory with respect to mitigation in the event that he was convicted?

A: No, sir.

Mitigation theory or not, Holsey went on trial for his life in February 1997.

Read the rest.

Posted in DCFS, Death Penalty, Foster Care, LA County Board of Supervisors, prison, Reentry, Rehabilitation | No Comments »

LA Foster Girls Get Ready for Prom with Help from Glamour Gowns, California Leasing More Private Prison Space, Enforcing PREA, and Children of Re-entry

April 3rd, 2014 by Taylor Walker

CASA’S GLAMOUR GOWNS GIVES LOS ANGELES GIRLS IN FOSTER CARE THE FULL PROM TREATMENT

Glamour Gowns, an event organized by Court Appointed Special Advocates (CASA) Los Angeles, pulls out all the stops to help girls in foster care get ready for prom. The girls get to “shop” for a brand new prom dress, shoes and accessories—all brand name items donated by sponsors—for the big night. They are assigned their own personal shopper, a seamstress to tailer their dress, and industry professionals to do their hair and makeup.

For 10 years, CASA has used Glamour Gowns as a way to help foster kids feel important, and to give them a special prom experience that might not have been possible otherwise. So far, Glamour Gowns has provided over 5000 dresses to teenage girls in foster care, and are aiming for 500 more in 2014.

Neon Tommy’s Janelle Cabuco has more on the event. Here are some clips:

Each year, organizers and volunteers aim to make each participant feel like a princess as they go through the dress selection process.

“We are really giving girls in foster care the gift of the prom experience, which is a rite of passage in American culture,” said Dilys Tosteson Garcia, the executive director of CASA Los Angeles. “They get to remember that they are beautiful, that they look beautiful, that we value them, and that the world values them.”

When this event first started, Glamour Gowns provided girls with gently-used garments, but with the help of partners – such as David’s Bridal, Jenette Bras, and Chinese Laundry, to name a few – everything that is now provided is brand new.

“All the dresses, jewelry, makeup, shoes and handbags are donated by sponsors,” said Garcia.

“We have folks from the hair and makeup arena who donate their time to be here today to help the girls come up with a makeup scheme that works with their look. We also have seamstresses that volunteer to do the alterations so when the girls walk out today their dress is ready to go.”

Glamour Gowns started in a conference room as a pretty small event. Once it outgrew the conference room, it moved to a children’s court cafeteria, and then moved into community churches. In more recent years, Glamour Gowns has held their yearly event at the Los Angeles Convention Center, where they have been provided a space free of charge. Since their costs are minimal, those who work with Glamour Gowns are able to help hundreds of girls rather than just a few dozen.

[SNIP]

In the last decade, Glamour Gowns has provided more than 5,000 dresses to young women in the foster care system. Last year, Glamour Gowns helped about 300 girls find outfits for their prom; this year, volunteers expected to help over 500 girls create lasting memories.


ANOTHER CALIFORNIA FOR-PROFIT PRISON DEAL

On Tuesday, the California Department of Corrections and Rehabilitation signed an agreement lease more private prison space through GEO Group, to the tune of $9 million a year for 260 women (with options to expand). The McFarland Community Reentry Facility is located north of Bakersfield, and will begin housing the female inmates by this fall.

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

The four-year contract for the McFarland Community Reentry Facility will house women serving the final portion of their prison terms. The Florida-based prison operator said in a statement to investors Tuesday that it expects to begin accepting inmates by this fall, and that the contract allows occupancy to be doubled within the year. GEO already has contracts to house 2,000 male prisoners in McFarland and Adelanto.

One out of 10 California inmates is serving time in a leased or private prison as the state grapples with federal court orders to reduce crowding in its own institutions. Women’s prisons are the most cramped: The Central California Women’s Facility at Chowchilla is listed at 182% capacity in last week’s state prison census report, with 1,600 prisoners more than it was intended to hold.

In a report to the Legislature on Tuesday, Gov. Jerry Brown’s administration said it was 500 inmates over judges’ interim goal of reducing crowding statewide by June to 143%. The administration has yet to roll out elderly and expanded medical parole programs the judges had also ordered to ease crowding.

(In the above Public Policy Institute of California video, Joe Hayes, a PPIC research associate, provides a quick status update on the state corrections system—incarceration rates, realignment, etc.)


STATES COMING INTO COMPLIANCE (OR NOT) WITH THE PRISON RAPE ELIMINATION ACT, AND WHY IT MATTERS

In 2003, a federal law called the Prison Rape Elimination Act (PREA), was passed. It took a commission almost ten years to decide (and agree upon) a set of “zero-tolerance” standards to eliminate rape in state and federal prisons. Now, the DOJ is enforcing compliance.

If the states don’t pass an audit, or choose to forego it (looking at you, Texas), they will forfeit 5% of their federal prison funding. But even more important than the funding, is if a sexually abused inmate brings a lawsuit against a state, non-compliance with PREA may be viewed as deliberate indifference.

NPR’s Laura Sullivan has more on the complications of implementation, and how states are responding. for All Things Considered. Here’s a clip from the accompanying piece (but do go listen to the short segment):

All states have to put the new standards into place, including things like training staff to stop sexual assaults and report them properly, and providing victims with rape kits and counseling. Then states have to pass an audit. If they don’t pass, or don’t want to go through the audit, they will lose 5 percent of their federal prison grant funding.

“What we are hearing from the field is, this is challenging, it’s difficult to put this policy into action. But it is absolutely the right thing to do,” Leary says.

This 5 percent of grant funding isn’t much for many states. Recently, Texas Gov. Rick Perry said his state will not adopt the standards, calling them “ill-conceived.” Most other states seem to be getting on board, though.

Experts say the real power of the law is in liability. If an inmate is raped repeatedly in a facility in a state that has refused to adopt national standards, that could look an awful lot like deliberate indifference to a jury in a civil lawsuit.

Plus, there appears to be a problem. At least 4 percent of adult inmates reported being victimized in 2012, according to the Justice Department. In juvenile facilities, one in 10 kids reported being raped, sexually assaulted or victimized in the preceding year — and 80 percent of those kids said they were victimized by staff.

“The audit process is an audit of your culture,” says Steven Jett, who runs the Southwest Idaho Juvenile Detention Center. “It’s not a policy audit.”

Last month the Detention Center became the first facility in the country to pass a PREA audit.

“I could have said, ‘We don’t need it here. We don’t have any incidents like that.’ I could have taken that attitude,” Jett says. “But it is best practices that we don’t let our inmates or our residents in our facilities be abused sexually or any other way.”


SIDE-EFFECTS OF PRISON AND RE-ENTRY ON KIDS WITH LOCKED-UP PARENTS

Over the last two years New American Media has offered a glimpse into the lives of kids and adults with incarcerated parents through a series of videos called “Children of Re-entry.”

Senator Mark Leno (D-San Francisco) held a forum in March to examine how the criminal justice system affects the families of California’s incarcerated, especially their kids—these “Children of Re-entry.” Leno’s forum was sponsored by the California Homeless Youth Project of the California Research Bureau and the California Council on Youth Relations (a project of New America Media).

Here’s a clip from New American Media’s Anna Challet’s reporting on Sen. Leno’s forum:

On March 5, Senator Mark Leno convened a discussion on the impacts of post-incarceration release on children and families. The event, “Children of Re-entry: A Media Showcase & Policy Forum,” was sponsored by the California Homeless Youth Project, California Research Bureau, California Council on Youth Relations and New America Media. Nationwide, over 2 million children have a parent in prison or jail, and over 7 million have a parent on parole or probation.

Leno cited Attorney General Eric Holder’s work at the national level to end mandatory minimum sentencing for low-level drug offenders. Law enforcement leaders who have been tough on crime, he said, are now realizing that the funding going to excessive incarceration is not money well spent, especially without reentry services that prevent recidivism.

In California, it costs about $50,000 a year to incarcerate one inmate. And in addition to state spending, advocates made clear that children have had to pay a huge price.

Nell Bernstein of the San Francisco Children of Incarcerated Parents Partnership said, “If we collectively don’t take responsibility … in whether or not we prepare people for reentry and in what barriers we do or don’t place in front of them … it falls to the kids.”

She points to “post-prison punishments,” such as laws that prohibit people with drug convictions from accessing public housing.

Leno agrees. “We scratch our heads and wonder [why we have] a 65 percent recidivism rate when we’re setting people up for an obvious opportunity to fail,” he said.

Bernstein says that the key variable is whether or not those released have family support. “The single greatest predictor of successful reentry is an ongoing connection with one’s family during incarceration,” she said. “If we do start supporting family connections, we’ll see success on a system level and on a family level.”

This story is from late last month, but we didn’t want you to miss New American Media’s “Children of Re-entry” series (we’ll be keeping an eye on it in the future).

Posted in CDCR, Foster Care, prison, Reentry | No Comments »

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