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Restorative Justice


Landmark Lawsuit Filed Against Compton School District for Failing to Help Severely Traumatized Kids Struggling With Learning

May 19th, 2015 by Celeste Fremon

On Monday, a one-of-a-kind, and potentially important lawsuit was filed by the public interest law firm, Public Counsel, and by Irell & Manella LLP, in behalf of five student plaintiffs plus three teachers, alleging that the teenagers named, and others with similar experiences who attended schools in the Compton district, “have been denied meaningful access to public education” as a result of the district’s “practices and policies that fail to accommodate the effects of complex trauma.”

“These policies and practices,” the lawsuit alleges, are against federal law and “perpetuate and sometimes create trauma on their own.”

The idea that childhood trauma really, no kidding, affects a kid’s ability to learn, or to sit still in a classroom, to focus on a test, or to respond constructively to criticism by a teacher, or react with moderation to a challenge or bullying by another student, are still only at the barest edge of mainstream acceptance, never mind that, for some years, we’ve had the scientific ability to observe the physical changes that occur in a kid’s brain in response to severe or sustained childhood trauma. Most of our public systems don’t behave as if we know what we know.

The purpose of this lawsuit is to change all that by forcing the hand of at least one school district—namely Compton—and, in so doing, setting a legal precedent that could trigger more change across the county, the state and beyond.


“NUMBER ONE HEALTH PROBLEM”

At a mid morning video conference, four of the plaintiff kids told their stories, (see video above) after which attorneys Mark Rosenbaum, Laura Faer and Katheryn Eidmann, all from Public Counsel explained in more detail what they believed to be the importance of their legal filing

“The number one public health problem in the United States today is the affect of childhood trauma on students’ opportunity to learn.” said Rosenbaum, “The widely known, but little addessed scientific fact of life is that childhood trauma can negatively affect the capacity of any child to learn and to succeed in school.”

Nowhere, Rosenbaum said, is the school-derailing impact greater than in high violence neighborhoods and communities, “where children suffer frequent and severe traumatic episodes that are so stressful that they overwhelm a young persons ability to cope. Unadressed trauma is the enemy of the brain,” he said. All the experts have told us that the surest way to reduct the achievement gap in American between our have and have not communities, is to address childhood trauma in our public schools.”

But that, Rosenbaum and the other attorneys say, is what Compton, and many school districts around the state and the nation—have failed to do.

Rather than “taking reasonable steps to address the needs of students affected by trauma,” the suit claims that CUSD punished and/or excluded the kids who were suffering most in ways that made succeeding in school all but impossible, and all this happened at a time when the kids needed help the most.

One student-plaintiff, Peter P., had a history of being repeatedly abused and watching his junky mother and his siblings badly abused as well. Eventually he and his sibs were removed to the foster care system, where Peter P bounced in and out of homes, and witnessed a frightening amount of street violence. (You can read the details here.)

Peter P became homeless for two months in March and April 2015, when he was 17. During this period, he slept on the roof of the Dominguez High School cafeteria. When his roof sleeping was fully discovered, instead of being offered help or services, he was suspended.

“If we cannot address the causes of extreme childhood trauma,” said Rosenberg, “we can at least address its effects so that all children can learn and achieve their dreams. But schools like those in Compton, he said “too often treat their students as bad children, not students to whom bad things have happened.”


SEEKING REMEDIES

So what, specifically, does the lawsuit hope for in the way of changes?

The attorneys point out that there are “proven models” already adopted by some districts across the country, that have helped both students and teachers “become more resilient in the face of adversity and trauma.”

The models include:

• Adequate mental health and counseling service for the highest need students;
• Trauma-informed training and support for all educators and school staff;
• Teaching children skills to cope with their anxiety and emotions; and
• Implementing positive school discipline and restorative strategies that keep children in school and create a safe and welcoming environment.

“Schools that fail to address the impact of trauma on students are engaging in unlawful discrimination,” said Laura Faer, Public Counsel’s Statewide Education Rights Director. “Trauma is a top predictor of school suspensions, expulsions and school-based referrals to law enforcement. Schools that fail to meet their obligation to become trauma-informed frequently deny student’s meaningful access to education and impermissibly put them on a school to jailhouse track.”

We will keep you posted on the outcome.


Posted in ACEs, Restorative Justice, School to Prison Pipeline, Trauma, Zero Tolerance and School Discipline | No Comments »

States Shift Away from Costly Juvie Detention, FBI Hair Forensics Fiasco, and “Joven Noble”

April 21st, 2015 by Taylor Walker

NEW REPORT SHOWS STATES ARE STARTING TO RE-THINK PUTTING KIDS IN OUT-OF-HOME DETENTION

States are starting to replace the ineffective and expensive practice of incarcerating kids in residential facilities, choosing instead to keep kids with their families through community-based alternatives, according to a new Pew Charitable Trusts brief on the issue.

Research shows that out-of-home detention fails to reduce recidivism, and in many cases, makes kids more likely to reoffend.

A recent study in Texas found that kids housed in state detention facilities were 21% more likely to be arrested again within one year of release than their peers under community supervision.

And neither do longer stays in residential detention facilities lower recidivism rates.

A Ohio report revealed that kids kept locked up longer were much more likely to reoffend than kids detained for a shorter period.

Multiple studies reveal that states receive a paltry return on the millions of taxpayer dollars they spend on locking kids up.

In 2012, CA was spending around $180,000 annually to house each locked-up kid. And more than half of the state’s incarcerated kids reoffended within three years of release.

Many states are catching on and passing legislation to limit what types of offenses can land kids in out-of-home facilities, and for how long they can remain incarcerated.

In 2007, California banned sending kids to state facilities for low-level and nonviolent offenses. Several other states stopped putting kids in detention facilities for misdemeanors and other non-serious offenses. Mississippi even limited out-of-home placements in the state’s training camp to kids with violent felonies or more than three misdemeanors.


FBI FORENSIC HAIR EXAMINERS GAVE FLAWED TESTIMONY IN HUNDREDS OF TRIALS SPANNING DECADES

A federal review of 268 cases revealed 26 of 28 FBI forensic examiners overstated hair comparisons 95% of the time when giving forensic testimony against a defendant. According to the investigation, the examiners gave flawed testimony against 32 defendants facing death sentences, nine of whom have already been executed, and four of whom have since been exonerated.

But the Justice Department is not stopping at 268. Around 2,500 applicable cases from before the year 2000 (in which the lab reported hair matches) are slated for review.

The Washington Post’s Spencer Hsu has the story. Here are some clips:

The FBI errors alone do not mean there was not other evidence of a convict’s guilt. Defendants and federal and state prosecutors in 46 states and the District are being notified to determine whether there are grounds for appeals. Four defendants were previously exonerated.

The admissions mark a watershed in one of the country’s largest forensic scandals, highlighting the failure of the nation’s courts for decades to keep bogus scientific information from juries, legal analysts said. The question now, they said, is how state authorities and the courts will respond to findings that confirm long-suspected problems with subjective, pattern-based forensic techniques — like hair and bite-mark comparisons — that have contributed to wrongful convictions in more than one-quarter of 329 DNA-exoneration cases since 1989.

[SNIP]

The FBI is waiting to complete all reviews to assess causes but has acknowledged that hair examiners until 2012 lacked written standards defining scientifically appropriate and erroneous ways to explain results in court. The bureau expects this year to complete similar standards for testimony and lab reports for 19 forensic disciplines…

Federal authorities are offering new DNA testing in cases with errors, if sought by a judge or prosecutor, and agreeing to drop procedural objections to appeals in federal cases.

However, biological evidence in the cases often is lost or unavailable. Among states, only California and Texas specifically allow appeals when experts recant or scientific advances undermine forensic evidence at trial.


CHARACTER DEVELOPMENT PROGRAM “JOVEN NOBLE” HELPS AT-RISK LATINO BOYS NAVIGATE THE ROAD TO ADULTHOOD

In Santa Ana, where the incarceration rates for young Latino men are higher than anywhere else in Orange County, Joven Noble (Noble Young Man) seeks better outcomes for at-risk boys and young men through character development and restorative justice.

The culturally informed curriculum was developed by National Latino Fatherhood and Family Institute. Joven Noble provides young boys and men with an emotional outlet and important behavior skills.

The Santa Ana Boys and Men of Color has helped spread the curriculum to Santa Ana schools, where kids can enroll as an alternative to suspension.

The OC Register’s Alejandra Molina has more on Joven Noble and the boys the program has helped. Here’s a clip:

Here in Santa Ana, coordinators are hoping to reach Latino youth by instilling a “rites of passage” curriculum, or Joven Noble, that challenges the myth that manhood is defined by physical dominance and sex. Manhood, the practice says, is about honor, generosity and respect.

For Reyes, expressing his feelings proved a struggle. He said he rebelled after his older brother died. He would bottle up his feelings and resort to “punching something and making a hole in the wall.”

After learning about Joven Noble, his outlook is different.

Reyes now believes that real men respect women, and they’re responsible. They let out their emotions. “They actually get emotional,” he said.

[SNIP]

The program has its roots in South Los Angeles, Compton and Watts to address Latino youth struggling and “exhibiting their pain with substance abuse and gangs.”

Jerry Tello, director of the National Latino Fatherhood and Family Institute, who developed Joven Noble, said when programs honor one’s identity and culture, “problem behaviors begin to lessen.”

Teachers and counselors at pilot schools send a list to coordinators, or circle keepers, of 15 students who have displayed behavioral problems or who would benefit from the curriculum. Enrollment would be an alternative to suspension, Rios said.

Gathered in a circle, students can vent about their weekend or highlight something positive for the week. A lot of it is storytelling, having a conversation. Within those circle discussions, Rios said, “it gives us a space to re-establish the values, traditions.”

At the core of Joven Noble is redefining what it means to be a man.

Posted in FBI, Gangs, Injunctions, Innocence, juvenile justice, Juvenile Probation, law enforcement, Restorative Justice, Youth at Risk | No Comments »

Santa Clara’s Unique Efforts to Keep Kids Out of Adult Court…LASD Civilian Oversight Subpoena Power….School Discipline….and NY’s New Anti-Prison Rape Videos

February 23rd, 2015 by Taylor Walker

SANTA CLARA PROSECUTORS LOOK TO ADVOCATES TO ANALYZE HOW KIDS ARE TRIED

In 2013, the Santa Clara County District Attorney’s office invited a team of advocates and public defenders to evaluate how and why county prosecutors charged teenagers as adults.

Prosecutors sat down with the team and discussed each case in which a kid was sent to adult court. The advocates, all against charging kids as adults for any reason, showed prosecutors where they felt different outcomes could have been achieved.

The goal of the DA’s office is to simultaneously keep kids out of the adult system while still maintaining public safety. This particular effort to increase oversight of how teens are prosecuted is unlike anything else we have seen in the state (and is certainly worth emulating).

The San Jose Mercury’s Mark Gomez has more on Santa Clara’s important program and its significance. Here are some clips:

“It’s very easy to close the books and not account for what you did and why,” said Frankie Guzman, an attorney with the National Center for Youth Law who was one of the advocates invited to review the cases. “I respect the fact this interaction and conversation happened, because it’s not happening anywhere else.”

In the majority of cases in Santa Clara County, prosecutors choose to keep the youth in the juvenile system, where the focus is on rehabilitation.

But in about 18 percent of such cases in Santa Clara County since 2010, prosecutors charged juveniles as adults, often resulting in prison sentences. The decision to bring in youth advocates was made following an internal review in 2013, which revealed that a higher percentage of Latino kids face adult charges than other ethnicities. So the District Attorney’s Office pulled together a team of people from the county public defender’s office and Bay Area youth advocacy groups to scour every single case filed that year. Prosecutors explained each decision, and the team discussed what they might have done differently.

“If we can keep a kid in the juvenile system and still protect public safety, we’re going to make that decision,” said Chris Arriola, supervising deputy district attorney of the juvenile unit. “But sometimes we have to make that decision to take them out. We do not take it lightly.

[SNIP]

In many California counties, the decision to charge a youth as an adult is made by one prosecutor, according to Bay Area youth advocates. District attorneys are not obligated to detail their reasoning for charging a juvenile as an adult — known as “direct file” cases.

In Santa Clara County, a team of four senior prosecutors considers several factors, including the youth’s criminal history, the sophistication and gravity of the offense, the outcome in previous attempts to rehabilitate the youth, and the ability now to rehabilitate the minor in the juvenile justice system. All four prosecutors must agree the youth should be criminally prosecuted as an adult.

Read the rest.


SHOULD THE LASD CIVILIAN OVERSIGHT PANEL HAVE AUTHORITY TO SUBPOENA DEPARTMENT DOCS?

KPCC’s Frank Stoltze takes a look at the hotly-debated issue of whether to equip civilian oversight commission with the power to subpoena documents as part of its oversight of the Los Angeles Sheriff’s Department.

Members of the group planning the new civilian panel have differing opinions, and Sheriff Jim McDonnell is still not too keen on the idea, according to Undersheriff Neal Tyler.

The planning group is slated to present their recommendations to the LA County Board of Supervisors in May.

Here are some clips from Stoltze’s story:

“Its certainly a club should you ever need it,” said Dean Hansell, who chairs the working group which is designing the new oversight panel.

Subpoena power would give the panel the ability to force reluctant Sheriff’s officials to testify before it and to obtain certain documents. It would not give the panel access to personnel records – that would require a change in state law.

[SNIP]

Sheriff Jim McDonnell remains reluctant to support subpoena power, according to interim Undersheriff Neal Tyler. He said change already is underway at the department, which is under federal investigation for civil rights abuses and corruption. There’s no need for “the hammer” of subpoena power after the election of McDonnell, said Tyler, who also sits on the working group.

“We have a hammer right now and its Sheriff Jim McDonnell,” the undersheriff said. He also noted McDonnell is providing Inspector General Max Huntsman broad access to the department.

“We are working so cooperatively with him now that it’s not necessary to codify it,” Tyler said. Huntsman has said he needs still more access to adequately oversee the department, and that subpoena power would help.


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

News 10′s Michael Bott and Ty Chandler have good overview of the state of school discipline in California, both the racially disparate use of “willful defiance” suspensions, and the restorative justice alternatives that are starting to reverse some of the damages done to kids of color across the state.

Bott and Chandler’s story includes some interesting videos and an interactive map of willful defiance suspensions at schools in the Bay Area (only one SoCal school is featured). Here’s how it opens:

Teenager Dwayne Powe Jr. got a suspension in eighth grade. He didn’t get into a fight. He wasn’t caught with drugs. He committed no crime.

“I actually was asking for a pencil,” Powe said.

Powe said his class began an exercise and he asked to borrow a pencil from another student. That’s when his teacher told Powe he was being disruptive and made him leave class. Powe tried explaining he had only asked for a pencil, but that only dug his hole deeper, he said.

He was technically suspended for “willful defiance”.

Nearly 200,000 California students who were suspended for willful defiance last year can relate to Powe’s story.

What constitutes willful defiance is somewhat vague, but it generally allows teachers to remove students from the classroom if their behavior is thought to be disruptive or defiant. It’s the most common reason California students were suspended—and students of color are overwhelmingly targeted.

But there is a growing consensus that keeping kids out of the classroom for non-violent behavioral issues has done more harm than good, and students of color are paying the heaviest cost for this policy.


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

In the 2013-2014 school year in California, expulsions plunged 20%, and suspensions fell 15%.

In an effort to keep those numbers dropping, and to divert kids from the “school-to-prison-pipeline,” Ed Source has assembled the Educators Network for Effective School Discipline, backed by the California Endowment.

The group intends to connect school officials, educators, and others to share and discuss programs and practices (like restorative justice and Positive Behavioral Interventions and Supports) that are successfully keeping kids in class, creating better relationships between kids and teachers, and promoting school safety.

Current chairman of the Educators Network for Effective School Discipline, Carl Cohn (who is also a former school superintendent and former State Board of Education member), has more on the new network and why this issue is so important. Here’s a clip:

Leaders of California public schools are seriously re-examining discipline practices and questioning the value of practices that are ineffective and counterproductive – measures that may put youngsters at greater risk for dropping out and for involvement with the juvenile justice system.

These leaders are listening carefully and responding appropriately to the long-standing accusation in the civil rights and advocacy community that some of our schools are, in fact, “pipelines to prison.” Nothing better represents this point of view than the thousands of students suspended each year for willful defiance, which could include behaviors such as eye rolling, talking loudly or standing in a menacing way….

As a first step toward ending this practice, Gov. Jerry Brown recently signed AB 420, which bans suspending students in the K-3 grades for willful defiance.

In order to sustain this momentum, EdSource has convened the Educators Network for Effective School Discipline, with support from The California Endowment. The idea is to bring together principals, teachers, superintendents and others to look at ways to keep youngsters in school and to share best practices and model programs that are especially effective at accomplishing that goal while also making sure that schools are safer as a result of the effort. It’s not just about bringing the numbers of suspensions and expulsions down; it’s also about creating a school climate that contributes to positive relationships among students and staff.

In our discussions with educators, both Positive Behavioral Interventions and Supports (evidence-based interventions that work) and “restorative justice” (where students are called on to repair the harm caused by bad behavior) have emerged as just two effective routes toward creating a school climate that helps keep kids in school and maintaining a safer school environment overall. Like most ambitious school reforms, issuing directives from district headquarters will probably not yield the best results. These are changes that must be owned by principals, teachers, assistant principals and school counselors – those closest to meting out school discipline.


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

Funded through the Prison Rape Elimination Act, New York state prisons will start showing two new inmate orientation safety videos to educate men and women about how to avoid rape behind bars. The twenty-minute-long videos are directed by T.J. Parsell, who was raped on his first day in prison.

The Marshall Project’s Eli Hager has more on the safety videos. Here’s a clip:

Prisons will show inmates — both male and female — an orientation video offering advice on how to identify, and avoid, sexual predators behind bars….

They will be premiered for the inmates who participated in the filming — at Bedford Hills Correctional Facility for Women, Fishkill Correctional Facility, and Downstate Correctional Facility — then rolled out in prisons across the state.

New York has had an uneven record on prison rape. In 2010, according to PREA surveys, three of the eleven prisons in the U.S. with the most staff-on-inmate sexual violence were in New York…

The orientation videos are an attempt to confront that legacy and to change a prison culture in which sexual assault, and the code of silence surrounding it, remain all too common.

Posted in District Attorney, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Public Defender, racial justice, Rape, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

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

January 12th, 2015 by Taylor Walker

STATES WEIGH ESTABLISHING OUTSIDE INVESTIGATION OF POLICE-INVOLVED DEATHS

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

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

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

But reactions to such legislation are mixed.

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

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

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

[SNIP]

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

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

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

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


RESTORATIVE JUSTICE TRANSFORMING LOS ANGELES SCHOOLS

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

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

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

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

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

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


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

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

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


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

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

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

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

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

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

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

[SNIP]

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

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

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

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

Two Cities on Opposite Ends of the School Discipline Spectrum, the Juvenile Justice and Delinquency Prevention Act, and Drugging Foster Kids

December 12th, 2014 by Taylor Walker

OAKLAND LEADING THE WAY ON RESTORATIVE JUSTICE

In 2007, an Oakland’s first restorative justice program was piloted at a middle school. That school improved student-teacher relations and reduced suspensions by 87%. Seven years later, nearly 30 schools in Oakland follow the restorative justice model, which fosters healing and conflict resolution between students and their teachers and peers. A forthcoming report shows that from 2011-2014, the Oakland Unified School District saw suspension rates drop by 40%, while academics and graduation rates improved.

Oakland is also dedicated to implementing restorative practices in the juvenile justice system. And families, communities, and police are working together to keep kids out of lock up.

In a guest commentary for the San Jose Mercury, Fania Davis, co-founder of Restorative Justice for Oakland Youth, shares some of Oakland’s powerful restorative justice triumphs, as it sets an example for the rest of California, as well as the nation. Here’s a clip:

Inspired by the successes of New Zealand’s Maori-influenced Family Group Conferencing, Oakland’s Community Works West has launched a restorative diversion pilot that is dramatically reducing recidivism.

The Oakland-based National Council on Crime and Delinquency is helping other jurisdictions initiate similar pilots.

Insight Prison Project is launching an in-custody restorative program. RJOY is pioneering a restorative re-entry model. The North Oakland Restorative Justice Council paints murals, plants trees, and facilitates healing circles after youth homicides.

Residents and police are working together to keep children out of prison. Police, probation officers, youth and others are being trained in restorative justice.

Youth and police are sitting together in healing circles, creating new relationships based on increased trust and recognition of one another’s humanity. Given the epidemic of police killings the nation is now grappling with, our work with law enforcement offers hope.


BUT OVER IN GEORGIA…

In stark contrast to the situation in Oakland, over in Atlanta, 12-year-old Mikia Hutchings faced serious criminal charges for writing on the walls of a bathroom at school after her family was unable to pay $100 in restitution. Through a deal with the state to have the charges dropped, Mikia was placed on probation and had to do 16 hours of community service. Mikia’s white friend who wrote on the walls with her, saw no legal consequences. Her parents were able to pay the restitution, and the girl received a few days suspension. And Mikia’s not the only one.

The NY Times’ Tazina Vega has Mikia’s story, and more on Georgia’s serious racial disparity in school discipline. Here are some clips:

To hear Mikia Hutchings speak, one must lean in close, as her voice barely rises above a whisper. In report cards, her teachers describe her as “very focused,” someone who follows the rules and stays on task. So it was a surprise for her grandmother when Mikia, 12, and a friend got into trouble for writing graffiti on the walls of a gym bathroom at Dutchtown Middle School in Henry County last year.

Even more of a surprise was the penalty after her family disputed the role she was accused of playing in the vandalism and said it could not pay about $100 in restitution. While both students were suspended from school for a few days, Mikia had to face a school disciplinary hearing and, a few weeks later, a visit by a uniformed officer from the local Sheriff’s Department, who served her grandmother with papers accusing Mikia of a trespassing misdemeanor and, potentially, a felony.

As part of an agreement with the state to have the charges dismissed in juvenile court, Mikia admitted to the allegations of criminal trespassing. Mikia, who is African-American, spent her summer on probation, under a 7 p.m. curfew, and had to complete 16 hours of community service in addition to writing an apology letter to a student whose sneakers were defaced in the incident.

Her friend, who is white, was let go after her parents paid restitution.

[SNIP]

Michael J. Tafelski, a lawyer from the Georgia Legal Services Program who represented Mikia in the school disciplinary hearing, and advocates for students say the punishment Mikia faced was an example of racial disparities in school discipline.

In response to the actions taken against Mikia, Mr. Tafelski said his office had filed a complaint with the Justice Department claiming racial discrimination and a violation of the Civil Rights Act. “I’ve never had a white kid call me for representation in Henry County,” Mr. Tafelski said.

“What kid needs to be having a conversation with a lawyer about the right to remain silent?” he said. “White kids don’t have those conversations; black kids do.”

According to Mikia, her only offense was writing the word “Hi” on a bathroom stall door, while her friend scribbled the rest of the graffiti. “I only wrote one word, and I had to do all that,” Mikia said in a recent interview. “It isn’t fair.”


BRINGING BACK THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

A bipartisan Senate bill to reauthorize and update the Juvenile Justice and Delinquency Prevention Act (JJDPA), which was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002), was introduced Thursday.

The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.

The bill proposes important changes to the JJDPA. Over the course of three years, an exception to the rules allowing courts to detain kids for status offenses via a “valid court order” would be eliminated. The new bill also would require states to record and report data on issues like the solitary confinement of kids, the detainment of kids for status offenses, and how many offenses occurred at school.

Because the bill reauthorization was introduced by Senate Judiciary Committee members Chuck Grassley (R-IA) and Sheldon Whitehouse (D-RI) toward the end of the Senate’s session, it will have to be reintroduced next year.

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

In exchange for compliance with those requirements, states receive no less than $400,000 in federal funds, and more populous states typically receive millions. Forty-nine states at least try to comply with the act; Wyoming is the lone holdout.

The bill introduced today would phase out over three years the “valid court order,” an exception that permits courts to jail children for status offenses, which include truancy and running away.

While judges are not permitted under JJPDA to detain a youth directly for a status offense, a judge can issue a court order to any offender instructing them not to commit a status offense.

If the juvenile then commits one of the listed offenses, it would be permissible under the federal law to detain them. In 2012 alone, the exception was used more than 7,000 times, according to the Coalition for Juvenile Justice.

The bill would also require states to report data on several controversial issues regarding youth in detention or confinement. Among the reporting requirements:

- Use of restraints and isolation in juvenile facilities

- The number of status offenses who are detained, the underlying reason for the detention, and the average length of stay

- The number of pregnant juveniles held in custody

- The number of juveniles whose offenses occurred on school grounds


THINK TANK: WHAT TO DO ABOUT PHARMACEUTICALS’ TARGETING OF DOCTORS TREATING FOSTER KIDS

Last month, part three of Karen de Sá’s powerful series on drugging foster kids exposed pharmaceutical companies’ flagrant targeting of doctors who treat kids in foster care. (If you haven’t, go back and read that story, and parts one and two, here.)

California Healthline put together a think tank that includes advocates, officials, and physicians to answer how California should deal with this issue.

Here’s what Kimberly Kirchmeyer, executive director of the state medical board, had to say (but do go read the other contributions):

The Medical Board of California takes the issue of inappropriate prescribing very seriously. The board is committed to consumer protection, and enforces this commitment through the education and oversight of its physicians. The board is currently working with the California Department of Health Care Services and the California Department of Social Services to identify physicians who may be inappropriately prescribing medications to foster children.

It is very important, for this issue and other cross-cutting issues, that state agencies collaborate and work together to share information that will allow each agency to take the necessary actions against their licensees. In addition, working together on a “united front” to tackle such an issue can provide more comprehensive solutions in order to continue to protect California consumers.

The board encourages any individual, agency, media or court official to notify the board and file a complaint if they believe a physician may be inappropriately prescribing. The board needs to be notified in order to investigate and take appropriate action against a physician’s license who is found to be inappropriately prescribing medications. It is critical for the board to be involved in this issue, as the board is the only state agency that can take the appropriate action against a physician’s license and his/her ability to practice.

The board is thoroughly committed to addressing the inappropriate prescribing issue by taking the appropriate action when necessary and providing and disseminating education to physicians, consumers and other state agencies.

Posted in Foster Care, juvenile justice, Restorative Justice, Zero Tolerance and School Discipline | No Comments »

School Discipline, LAPD Chief’s Difficult Decision About Controversial Detective, Prop 47, and Vote!

October 20th, 2014 by Taylor Walker

THIS AMERICAN LIFE TAKES A CLOSER LOOK AT SCHOOL DISCIPLINE PRACTICES

This past weekend, in a show called “Is This Working?” American Public Radio’s This American Life broadcast a story about school discipline—two different methods in particular—and whether or not they work for kids.

The TAL episode begins by exploring racial disparity in school suspensions and expulsions for infractions like “disrespect” and “willful defiance,” and the school-to-prison pipeline.

Reporter Chana Joffe-Walt talks with writer Tunette Powell and her sons JJ (5) and Joah (4), who have received eight suspensions between them (and whose story we shared here).

And in the second half of the program, host Ira Glass and Joffe-Walt tell of two completely different endeavors to change the way schools discipline kids.

The first is a system of charter schools tailored to poor and minority kids. The charter schools first started popping up around 20 years ago, and boasted strict, methodical discipline coupled with long school days, and a slogan telling kids to “sweat the small stuff.”

The first generation of kids to enter these schools are now adults, and one of these students, Rousseau Mieze, shares his experiences, good and bad, with TAL. For instance, he was suspended on his second day for celebrating a perfect score on a math test, and was frequently disciplined thereafter for talking out of turn. Half of the first class dropped out before the end of the school year, but Rousseau went on to graduate college and is now a teacher at charter school that applies similar discipline methods.

Conversely, another discipline movement has been slowly sweeping through schools across the nation: restorative justice, a model based on healing and conflict resolution between students and their teachers and peers.

The full episode is quite good and worth listening to, even if you are familiar with school discipline issues.


LAPD CHIEF CHARLIE BECK FACES TRICKY DECISION ABOUT DETECTIVE’S FATE

While speaking at an LAPD training class, Detective Frank Lynga went on a vulgar tirade that included, among other things, calling black civil rights attorney Carl Douglas a “little Ewok,” saying a female captain was “swapped around,” and calling a certain lieutenant a “moron.”

Now Chief Charlie Beck must choose whether to merely punish Lynga, or fire him, as a department board of rights panel has recommended. And it’s a complicated decision because whichever way Beck moves, there will be constituencies who are upset. It is further complicated by the fact that Chief Beck did not fire officer Shaun Hillman who allegedly pulled a gun on a man and used a racial slur during a bar fight (which critics presume was because of his high profile uncle, a former LAPD deputy chief).

The LA Times’ Kate Mather and Richard Winton have this complex story. Here’s a clip:

Frank Lyga claimed that he drove his Jeep in the carpool lane at 100 mph, called a prominent black civil rights attorney an “ewok,” quipped that a female LAPD captain had been “swapped around a bunch of times” and described a lieutenant as a “moron.”

Then he recalled his fatal 1997 shooting of a fellow officer, an incident that sparked racial tensions within the department because Lyga is white and the slain officer was black.

“I could have killed a whole truckload of them, and I would have been happy doing it,” Lyga recounted telling an attorney representing the officer’s family.

Nearly a year after Lyga gave his controversial training lecture, LAPD Chief Charlie Beck must choose whether to follow a disciplinary panel’s recommendation issued this week to fire the detective or reduce his punishment and let him keep his job.

The decision presents the chief with one of his biggest tests since his August reappointment to a second five-year term and is likely to reignite criticism of how he handles officers’ discipline. Beck has clashed with his civilian bosses and rank-and-file officers on the issue, with some accusing him of being inconsistent.

On Friday, black civil rights advocates called on Beck to fire Lyga, saying that the narcotics detective’s comments were racist and sexist and should not be tolerated. Meanwhile, Lyga’s supporters say that he is genuinely remorseful, and note that Beck recently rejected another disciplinary panel’s recommendations to fire a well-connected officer who was caught uttering a racial slur.

“This is a police chief’s nightmare,” said Merrick Bobb, a policing oversight expert.


FURTHER PROP 47 READING: ENDORSEMENTS AND CRITICISMS FROM NEWSPAPERS AND JUSTICE SYSTEM LEADERS

A former Santa Barbara County Superior Court judge, George Eskin, urges voters to pass prop 47. In an op-ed for the Santa Barbara Independent, Eskin, who is also a former assistant DA in SB and Ventura, says that “wobblers”—charges that could be designated as either misdemeanors or felonies—are often filed as felonies by DAs and are later reduced to misdemeanors, creating a needlessly expensive legal process. Here’s a clip from his case for Prop 47:

I was a prosecutor and a defense attorney for 35 years before serving a decade as a judge on the Santa Barbara County Superior Court. In these experiences, I have seen how far we have strayed from sound criminal sentencing policies.

This is especially true of low-level offenses, many of which can be prosecuted as either a felony or a misdemeanor. District attorneys decide which classification to file, and a judge has no authority to influence their decision. DAs routinely file these cases as felonies, even though they are likely to conclude with a misdemeanor disposition.

The end result of this costly process, a misdemeanor conviction, does not justify the financial expense and the valuable resources invested by police, prosecutors, and the courts, and the ability to investigate, prosecute, and adjudicate serious and violent crimes is compromised.

And even if a felony conviction stands for these nonviolent offenses, the “felon” label will serve as an impediment to future employment and education opportunities, not to mention the obvious loss of employment and interruption of education and family life while someone is on trial or incarcerated.

UT San Diego, however, is urging voters not to pass 47, saying that while the state’s prison population and recidivism rates do need to be reduced, and our “tough-on-crime” policies did not work, Prop 47 will not solve these problems. Here’s a clip:

Stealing any handgun worth less than $950, now a felony, would automatically be a misdemeanor — and nearly all stolen handguns are worth less than $950; the language is so loose it would even make possession of date-rape drugs a misdemeanor; and the provisions for shoplifting and bad checks could cost retailers and consumers millions.

Finally, the prison money that would be saved and diverted to treatment programs, schools and crime victims — Lansdowne estimated it at $100 million to $200 million — is peanuts for a state the size of California. Which means thousands of criminals would be back on the streets where they would still not get treatment for their mental health disorders or their addictions.

Another former Superior Court judge, Harlan Grossman, who is also a former prosecutor and an FBI agent, in an op-ed for the Contra Costa Times, calls the measure “long overdue” and says it will help the state meet prison population reduction goals as well as save much-needed court resources to use on more serious criminal cases. Here are some clips:

Realignment significantly reduced overcrowding in our state prisons, but the number of inmates has been creeping back up over the past two years.

Without some additional sentencing changes, we will fall short of the goal of prioritizing jail and prison space while also making our justice system more equitable and fair. Fortunately, Proposition 47 could move us forward toward that goal.

[SNIP]

Another benefit of making these offenses misdemeanors is that it should lead to a quicker resolution of these cases, freeing up scarce resources to address the more serious offenses that threaten the safety of our communities.

KPCC has a short and sweet Prop 47 FAQ list with bullet points on what the measure would do, if passed, and why it’s different from current laws.


REGISTER! VOTE!

By the way, today, October 20, is the cut-off to register to vote in the November 4 election. Go register! Quick! You can fill out the online application here.

Posted in LAPD, race and class, Restorative Justice, School to Prison Pipeline, Sentencing, Zero Tolerance and School Discipline | 6 Comments »

Lessons the LAPD Can Teach……What About Body Cameras?…..John Oliver on Police Militarization….”Toxic Stress” and CA Kids…..& More

August 19th, 2014 by Celeste Fremon


WHAT FERGUSON CAN LEARN FROM THE LAPD

Yes, the Los Angeles Police Department is far from perfect. There was, for instance, the recent revelation that they appear to be deliberately cooking some of their crime stats to shower better numbers than they actually have. Yet, they’ve also undeniably made a huge amount of significant progress in the last decade.

With that in mind, the LA Times editorial board listed a few lessons that the staggeringly problematic Ferguson police department might want to learn from the LAPD

Here’s a representative clip:

….More than two decades ago, civic leaders here grasped the importance of diversity on the police force. Today, the LAPD mirrors the city quite closely — Latinos are the department’s largest ethnic group, and blacks make up just over 10% of the force, roughly equivalent to their representation in the city. Ferguson’s force is almost entirely white — only three of 53 commissioned officers are black — even though the population of the city is two-thirds black. It is difficult for residents to trust a force that feels foreign.

The riots forced deep reflection in Los Angeles over how police should best handle unruly crowds. The department today attempts neither to yield to violence nor to provoke it. It’s not always successful — by its own admission, its handling of a May Day rally in 2007 was cause for “great concern.” Still, the LAPD’s reputation for restraint in crowd control is generally deserved. By contrast, authorities in Ferguson responded to initial protests with heavy arms and tactics; the situation escalated rapidly….

For the rest, read on.


WHAT ABOUT THOSE BODY CAMERAS FOR POLICE?

The shooting of Michael Brown has brought up the topic of body cameras for police again and, in his story on the issue, the Wall Street Journal’s Christopher Mims notes that the Ferguson police department, like many law enforcement agencies, has a supply of the cameras but has not actually deployed them to officers.

The LAPD has been testing body cameras out but has not gone into any wholesale ordering of the things.

Rialto, California, however, is one of the cities that has required all its officers to use cameras (which are no bigger than pagers).

“In the first year after the cameras’ introduction,” Mims writes, “the use of force by officers declined 60%, and citizen complaints against police fell 88%.”

Mims had more to say about the benefits and potential challenges of camera use when he was on Madeleine Brand’s Press Play on Monday.


JOHN OLIVER’S SCATHING TAKE ON POLICE REACTION IN FERGUSON & LAW ENFORCEMENT SHOCK & AWE

John Oliver covered the behavior of the police in Ferguson and the increasing militarization of American law enforcement in his Sunday show “Last Week Tonight.” He makes one false step in calling the convenience store video of Michael Brown irrelevant, but most of the rest of Oliver’s commentary is well-researched, sharply on target, and scathing.


CALIFORNIA SENATE PASSES RESOLUTION ASKING GOV TO LOOK AT INTERVENTION POLICIES TO ALLEVIATE “TOXIC STRESS” AND TRAUMA IN CHILDREN

With a bipartisan vote of 34-0, on Monday, the California Senate passed a resolution aimed at getting the governor to begin to focus on the issue of the effect of childhood traumas known as “adverse childhood experiences”—-or ACES— on a kid’s future.

Big sources of trauma are things like physical, emotional or sexual abuse, neglect, untreated mental illness or incarceration of a household member, domestic violence, community violence….and so on.

The resolution notes that studies now have tracked the effects of too many “ACES,” and the results are alarming. For instance, a child with 4 or more ACES is 46 times more likely to have learning or emotional problems, and far more likely to have contact with the criminal justice system…and more.

It also notes that prolonged “toxic stress” can “impact the development of a child’s fundamental brain architecture.”

Yet research has shown too that intervention in a child’s life can mitigate and heal the potential for damage caused by these toxic traumas.

The resolution—-introduced by Senator Holly Mitchell (D-Los Angeles), and co-sponsored by the Center for Youth Wellness, Children Now and Californians for Safety and Justice— is largely symbolic.

But it is also viewed as a big step in acknowledging the importance of early childhood trauma in the lives and future of the state’s children, and the need for policy that provides trauma-informed intervention for the kids most affected.

A concurrent resolution unanimously passed the California Assembly on August 11.


CA PRISONS BEGIN TO REFORM POLICIES TOWARD THE MENTALLY ILL DESCRIBED AS “HORRIFIC”

As the California Department of Corrections and Rehabilitation begins to comply with the federal court ordered revisions of its long-criticized use-of-force policy with the mentally ill, the California Report’s Julie Small looks at mental illness and California prisons with a series of reports. Here’s a clip from her Monday story, with more to come.

The number of inmates with mild to severe mental illness has grown to 37,000 in California, about a quarter of the prison population.

A series of lawsuits brought by inmates against the state over the last two decades has exposed a correctional system poorly equipped to handle their extraordinary needs.

Now California is trying to comply with a federal court order to change when and how correctional officers use pepper spray to force uncooperative inmates to leave their cells or follow orders.

Pepper spray may have contributed to three inmate deaths and an unknown number of injuries — unknown because the California Department of Corrections and Rehabilitations doesn’t consider the effects of pepper spray an injury.

The issue was brought to light last year through graphic videos shown in court in a lawsuit that was begun in 1990, a lawsuit brought by inmates to improve psychiatric care.

[SNIP]

One video showed custody staff at Corcoran State Prison struggling to remove an inmate who was hallucinating and refusing to leave his cell in order to receive medication.

The inmate had taken off his clothes and smeared feces on himself. When he refused to submit to handcuffs, guards in gas masks sprayed a potent pepper spray into the cell, causing the inmate to gasp for air.

The video showed that as the inmate screamed for help, an officer ordered him to “turn around and cuff up.”

The inmate screamed back, “Open the door!”

When the inmate still wouldn’t “cuff up” the officers sprayed him again, repeatedly.

Later, the video showed guards rushing in and wrestling the inmate to the floor and into restraints.


IF INMATES DESIGNED A PRISON, WHAT WOULD IT LOOK LIKE?

In an innovative restorative justice program run out of one of San Francisco’s jails, men who are awaiting trial on violent crimes rethink their own lives and actions by rethinking what a prison could look like.

Lee Romney of the LA Times has this story, and it’s a good read. Here are a couple of clips to get you started:

All the students wore orange. And on this final day, their paper models were taking shape.

Architect Deanna VanBuren adjusted a piece of tracing paper over Anthony Pratt’s design, showing him how to mark the perimeter to show walls and windows, then urging him to use dots to indicate open spaces.

A towering, broad-chested man with full tattoos adorning both arms, Pratt, 29, was among those sketching out new visions: an airy room with a skylight to cure vitamin D deficiencies and a fountain with a cascading waterfall to represent resilience and adaptability. Privacy barriers for the shower and toilet. A healing center with lots of windows and, in the middle, a talking circle with a sun emblazoned in its center.

The spaces they were planning could be at a New Age retreat, but these were conceived by inmates at San Francisco’s County Jail No. 5.

Most inmates on this 48-man jail pod are awaiting trial on violent crimes. All must agree to participate in a program called “Resolve to Stop the Violence,” which involves concepts of restorative justice, an alternative to traditional criminal justice that focuses on healing victims and offenders alike. This day’s class allowed them to explore their feelings about the system that landed them here and how its physical contours might be altered…..

[BIG SNIP]

Restorative justice concepts were first promoted in the 1970s by global practitioner and theorist Howard Zehr, now a professor at Eastern Mennonite University’s Center for Justice and Peacebuilding. The goal was to make the needs of victims central, and by doing so effect broader healing for all, communities included.

Critics of restorative justice contend the process is too subjective and could lead to proposed remedies that are wildly disparate. As a result, some victim organizations and hard-line prosecutors reject it.

But the practice has nonetheless spread globally and throughout the U.S. as a body of evidence grows showing it helps reduce school expulsions, keep youths out of the criminal justice system and prevent youths and adults who have already been sentenced from re-offending.

The conversation has now turned to space.


NOTE: The video at the top was recorded by reporter Mustafa Hussein of Argus media,who was live streaming from Sunday’s protest when a Ferguson police officer allegedly pointed a weapon at him and threatened to shoot him if he didn’t turn off his camera light. Hussein is a graduate student at the University of Missouri – St. Louis.

Posted in Civil Liberties, Civil Rights, juvenile justice, LAPD, law enforcement, media, prison, prison policy, PTSD, Restorative Justice, Trauma | 5 Comments »

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

July 7th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Read on.


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


MASSACHUSETTS TO LAUNCH RESTORATIVE JUSTICE PROGRAM IN PRISONS

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

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

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

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

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

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

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

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

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

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

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

LAUSD Questionable Budgetary Choices…School Discipline…Mental Health in Schools…and Considering Chief Beck for 2nd Term

June 10th, 2014 by Taylor Walker

JUDGE NASH SAYS LAUSD MONEY FOR DISADVANTAGED KIDS SHOULD NOT BE SHIFTED TO SCHOOL COPS

Head LA Juvenile Court Justice Michael Nash has sent a letter to the LAUSD opposing a plan to use $13 million in funding earmarked for disadvantaged kids to beef up the school police force.

Nash’s letter says that increasing police presence on campus does not fall under the umbrella of providing better learning experiences and outcomes to kids in low-income families, foster kids, and English as a Second Language (ESL) students, which is what the money is set aside for.

The Center for Public Integrity’s Susan Ferris has the story. Here are some clips:

An unprecedented new California funding plan is poised to distribute billions across the Golden State, which has long been beleaguered by inequities in educational support in low-income communities and waves of budget cuts in more recent years. Earmarked funds are supposed to be slated specifically for low-income and foster-care kids, as well as students classified as still learning English as a second language.

In a June 6 letter to the Los Angeles Unified School District, Los Angeles County Presiding Juvenile Court Judge Michael Nash said this particular pot of money should not be diverted to support the L.A. district’s own school police force, which has an annual budget of around $57 million.

Nash expressed “great respect” for recent efforts to reduce school suspensions and referrals to police, but said he did “not see a reasonable nexus between law enforcement and specifically improving the educational experience and outcomes for our most vulnerable student populations.”

“On the contrary,” the judge said, “there has been a wealth of research that indicates that aggressive security measures produce alienation and mistrust among students which, in turn, can disrupt the learning environment.

“This explains why, as part of a nationwide discipline reform process that has gained significant traction of late, there is a specific focus on reducing police involvement in routine school discipline matters,” Nash wrote.

[SNIP]

In another letter to the district in April, a group of legal aid and community groups involved in school-discipline reform in California praised the L.A. district for proposing to direct $37 million of the new supplemental funds to 37 of the district’s most troubled middle and high schools.

But the groups also objected to the idea of diverting more than $13 million to L.A. school police, for the same reasons as Nash. The groups additionally protested that the district’s draft proposal initially allocates only $2.6 million for certain methods of managing student clashes and misbehavior known as “restorative justice” counseling.

Restorative justice methods are key to the L.A. district’s own adopted “School Climate Bill of Rights,” the groups noted. That bill of rights aims to reduce suspensions and referrals of students to police for fights or misbehavior. The relatively modest proposed spending to hire a relative handful of counselors to lead this effort is “extremely disturbing,” the letter says.

The groups asked for many millions more to be invested in such counseling, including all the $13 million slated for police. But no additional money for restorative justice appears in the latest version of the plan.


SANTA ROSA SCHOOLS SAVE MONEY AND KEEP KIDS IN SCHOOL WITH RESTORATIVE JUSTICE

While the LAUSD is only earmarking $2.6M for restorative justice next year, there are plenty of examples across the state (and country) of schools using restorative justice to lower suspensions and expulsions, keeping kids in class and saving money.

The Santa Rosa City Schools District spent $125,000 implementing restorative justice practices at two schools during the 2013-14 year. With a small investment and a citywide push for more effective school discipline, Santa Rosa Schools cut total suspensions and expulsions nearly in half and saved $550,000 in ADA (average daily attendance) money.

The Press-Democrat’s Susan Kinder has the story. Here are some clips:

Santa Rosa schools were suspending and expelling students at a much higher rate than most schools in the state. In fact, in the 2011-12 year, Santa Rosa schools had the fourth highest rate of suspensions per capita in the state.

Eager to find a different approach to school discipline, the Santa Rosa school board did its research and wanted to implement restorative justice, a nationally recognized method of conflict resolution that often involves meeting in restorative circles — with victims, offenders, students, teachers, parents and administrators — in an effort to repair the harm, make amends and get to the very core of the problem.

[SNIP]

In the 2013-14 school year, Restorative Resources served 219 students in suspension diversion program and 188 students in expulsion diversion programs.

At Elsie Allen High School, suspensions were down 60 percent, with 25 suspensions this year compared to 62 suspensions in 2012-13…

At Cook Middle School, suspensions were down 67 percent, with 27 suspensions in 2013-14 compared to 82 suspensions in 2012-13.

But the reduction in suspensions and expulsions was not limited to these two schools. It was part of a districtwide trend that added up to huge suspension and expulsion reductions this year and a total savings of more than $550,000 in ADA (average daily attendance) money.

The savings in suspension diversion in 2013-14 amounted to $340,976. This school year, 1,863 students were suspended for 3,558 days at a cost of $304,173 in lost ADA money. In the 2012-13 school year, 3,206 students were suspended for 7,546.5 days at cost of $645,150.

The savings from expulsion diversion in 2013-14 amounted to $213,840. This year, only three students were expelled at a cost of $40,920. In the 2012-13 school year, 53 students were expelled at cost of $254,760.


STUDY: CALIFORNIA A LEADER IN THE SCHOOL DISCIPLINE CONVERSATION

Although many California schools still lag behind in reforming harsh discipline policies, overall, California is high on the list of states swapping out zero tolerance policies and narrowing the racial gap, according to an important new report released Thursday by the Council of State Governments Justice Center.

Susan Frey of EdSource has more on the issue. Here’s a clip:

“Research and data on school discipline is clear,” according to a synopsis of the 400-page report, School Discipline Consensus Report: Key Findings, Recommendations and Examples of Action. “Millions of students are being removed from their classrooms each year, overwhelmingly for minor misconduct. Students experiencing suspensions and expulsions are disproportionately nonwhite, disabled and students who identify as lesbian, gay, bisexual or transgender.”

Suspending students, particularly for minor offenses, is a serious issue because it “substantially increases the likelihood they will fall behind academically, drop out and enter the juvenile justice system,” according to the report.

California’s recent efforts to reduce suspensions and encourage more positive approaches to discipline puts the state “at the top of the list together with a handful of other states” in promoting a healthy school climate, said Michael Thompson, director of the Justice Center.

“California has become a real leader in this conversation,” Thompson said. “Top policy makers and school officials have made a positive school climate a priority.”

At the unveiling of the report in Los Angeles on Thursday, one of the policy makers who has been leading efforts to reform school discipline policies, Roger Dickinson, D-Sacramento, said the report is important because it represents a consensus-based approach “for all of those who have an investment in making sure young people stay in school.”

The report involved more than 100 advisers representing policy makers, school administrators, teachers, behavioral health professionals, police, court leaders, probation officials, juvenile correctional leaders, parents and youth across the country. Another 600 individuals shared examples of promising practices that are outlined in the report, which took three years to complete.

In conjunction with the release of the national report, The Center for Civil Rights Remedies on Thursday provided an analysis of state data that showed that 500 out of 745 California school districts reduced out-of-school suspensions between 2011-12 and 2012-13. Although African American students were still over-represented, the racial gap is narrowing, the center reported. The results included only the 745 districts that had discipline data for both years and excluded county offices of education, according to the center, which is part of the Civil Rights Project at University of California, Los Angeles.

The center also reported an overall reduction in suspensions by 14 percent and a 24 percent reduction in suspensions for willful defiance, which has been criticized as being too subjective and for being used disproportionately with African American students. Dickinson has introduced a bill, Assembly Bill 420, this legislative session to limit the use of willful defiance suspensions. A similar bill passed the Legislature last year but was vetoed by Gov. Jerry Brown. Dickinson said he is working with the governor to get his support of the current bill.


…BACK TO THE LAUSD BUDGETARY ISSUES

While the LAUSD plans to increase the $57 million school police budget to $70 million, still another subset of students are being underserved. A recent study found that 8 in 10 kids attending LA’s high-poverty schools had experienced three or more traumatic events during the previous year, yet the mental health budget allows for just one counselor per 2,200 LAUSD students.

This means that nearly the only kids actually receiving school counseling are the those whose circumstances are so extreme the district is required to treat them under federal law.

The new California funding plan will allow LA to hire 97 new counselors (but almost all of them are going to a few schools to settle a lawsuit and increase services for foster kids).

The state will also be spending an extra $50 million on “wellness centers” to provide a number of mental and physical health services to students both on and off campus.

KPCC’s Annie Gilbertson has more on the issue in part two of her series on poverty in LA schools. Here’s a clip:

The district currently employs about 300 psychiatric social workers to serve roughly 800 schools — a ratio of about 2,200 students to one counselor.

As researchers work to solve one of the most persistent problems in public education – why kids in poor neighborhoods fail so much more often than their upper-income peers – more and more they’re pointing the finger at what happens outside the classroom.

Shootings. Food insecurity. Sirens and fights in the night. Experts are finding that those stressors build up, creating emotional problems and changes in the brain that can undermine even the clearest lessons.

In a recent study at high-poverty schools, L.A. Unified officials found that eight in 10 kids had suffered three or more traumatic events in the preceding year alone.

One solution cropping up at a smattering of schools across the country: school-based therapy.

“These children need to feel empowered to be able to feel like they are agents of their own change,” said Dr. Victor Carrion, a professor and psychiatrist at UC Berkeley who’s working on interventions for kids suffering from what’s become known as toxic stress.

“They are going to have themselves for the rest of their life,” he added, “so the best thing they can have is to be equipped to manage traumatic stressors later in life.”

But at the Los Angeles Unified School District, counseling services have been in decline for years.

The issue is money.

Between 2008 and 2013, L.A. Unified lost $2.8 billion in overall funding from the state. School board member Steve Zimmer said it was a battle just holding on to teachers.

“We had a cataclysmic experience in the district with the budget. Everything that was, is no more,” Zimmer said.

A lot of people lost jobs: teachers, librarians, custodians. And counselors.

During those recession-era cuts, prevention and early intervention funds for mental health services all but disappeared said Pia Escudero, director of school mental health at L.A. Unified.

Now, she said, her staff’s caseload consists almost entirely of students whose problems are so severe the district is required to treat them under the federal Individuals with Disabilities Education Act.

Students…aren’t likely to see a school counselor unless they get so sick a psychiatrist diagnoses them as emotionally disturbed.

“You are always summoned to put out fires versus really embedding programs,” Escudero said.

The financial tide is only now starting to turn at L.A. Unified.

California is sending more money to schools to help the neediest students. L.A. Unified will see its budget increase by $332 million next year for a total of about $6.8 billion. But that still leaves the district – and California – near the bottom of school funding in the nation.

Even with the influx of cash, very few students will see a counselor.

The district is adding 97 counselors, but they’re going to a select group of schools to settle a lawsuit, and to help foster kids stay on track.

Yet Escudero said the need across the district is overwhelming…

Read on.


EFFECTS OF INCARCERATION ON KIDS WITH PARENTS BEHIND BARS

Having an incarcerated parent is one significant source of trauma for kids in Los Angeles and across the nation, but is largely under-researched. A recent National Academy of Sciences study on the rise of the national incarceration rate takes a look at the effects incarceration has on kids (and families) with a locked up parent.

NPR’s All Things Considered has more on the report. Take a listen, but here’s a clip from the accompanying story.

Jeremy Travis, one of the authors of the National Academy of Sciences report, says despite the rate of incarceration quadrupling over the past four decades, no one has really studied its effects on the family — especially kids — before.

“This is an important social question which is not getting enough attention from the research community — not because there is not enough interest, but because we’ve not been willing to pay for it,” Travis says.

Travis says the numbers of kids with an incarcerated parent is “staggering.” He says in the 1970s there were about 350,000 minors with a parent in prison; now, it’s well over 2 million.

“That simply tracks [with] the fact that we’re putting more people in prison,” he says. “And the consequences of that are pretty profound, we think, although they’re not as well documented as they should be.”

What we do know, he says, is that there are higher rates of homelessness among families when the father is in prison, poor developmental outcomes for the children in those families, and that there’s greater family instability in those families.

Travis says the children in those families often end up in foster care and have difficulties in school forming attachments with their peers. All of those difficulties, he says, present challenges for the communities, social workers, educators and family members who want to support that child through such a difficult time.

The first step, he says, is that we should have fewer people in prison, but it is more complicated than that.

“We will always have people in prison, and we should pay attention to the collateral consequences of incarcerating … parents,” Travis says.


EDITORIALS: REAPPOINTING LAPD CHIEF BECK SEEMS OBVIOUS, BUT COMMISSION SHOULD STILL CONDUCT THOROUGH REVIEW

Starting this week, public hearings will be held throughout the month on whether or not LAPD Chief Charlie Beck should serve another five-year term. The Police Commission will then have until August 20 to decide to reappoint Beck or end his term.

Two LA Times editorials take a look at how Beck has served the department and the city and give suggestions on what the civilian commission should consider as it goes about making its decision.

The first editorial says that while Beck appears to be a “shoo-in,” the commission should not skim over the process, but should still examine the statistics, including crime rates over the last five years, complaints against the department, and arrests. Here’s a clip:

Beck is seeking reappointment at a time when the Los Angeles Police Department is free of major controversy and scandal. When he became chief, the LAPD was still under a consent decree the city had agreed to to avoid a lawsuit that would have dredged up the department’s sometimes sordid record of brutality and racism. Chief William J. Bratton embraced the requirements of that decree, and when Beck took over, he steered the department through the final reforms needed to end federal oversight. Crime has continued to decline under his leadership, with gang crime reduced by half. Community relations appear strong — the seething antipathy toward the department that was a fact of life just a decade or two ago no longer dominates the city’s concerns. To Beck’s credit, the LAPD has managed this despite budget constraints, including a cost-cutting policy that keeps some 400 officers home each day rather than pay them overtime.

Given all that, Beck would seem to be a shoo-in for reappointment. It would, however, be wrong for the commissioners to skip through this process. This is an opportunity for the commission to take stock of its chief and imagine the future of the department. It should start by looking at the numbers.

Crime. Last year marked the 11th in a row that crime decreased in the city. Crime has declined in good economic times and bad, and those who deny the role of police in this revolutionary trend are arguing against facts. Los Angeles added officers in those years, and tailored policing strategies to address crime. The result: The number of serious and violent crimes in 2008, the year before Beck took office, was 127,374. The number last year was 100,521. That means that 27,000 Angelenos were spared a misery last year. No one should be cavalier about how much that affects the life of a city.

Yes, it’s true that other forces influence crime, and yes, crime was declining before Beck’s tenure, but the number of violent crimes and major property crimes has continued to drop each year. There are some on the City Council and elsewhere who continue to question whether the police played a significant role in those numbers, and thus whether the city could allow the department to shrink. They’re wrong. Some cities — Chicago, for instance — have seen a resurgence in violence of late, while smart policing has made Los Angeles safer. Indeed, the LAPD’s achievements in this area are all the more noteworthy given the overtime cuts. Beck deserves credit for balancing the department’s budget without sacrificing safety…

Read the rest.

The second editorial says that although there are no strong guidelines for the commission must follow in its decision-making process, it should take cues from the history of the process and the reasons recent chiefs—Williams, Parks, and Bratton—were either reappointed or replaced at the end of their first five years. Here’s a clip:

The current system for naming, retaining and replacing chiefs grows out of the breakdown of civilian oversight of the department in the early 1990s. In those days, Chief Daryl F. Gates and Mayor Tom Bradley feuded nastily, and their mutual dislike was stoked by the controversy that engulfed Los Angeles after the release of a videotape showing LAPD officers beating Rodney G. King in 1991. By the time of the riots in 1992, the two had not spoken for more than a year.

The Christopher Commission, named for Los Angeles attorney (and future U.S. secretary of State) Warren Christopher, concluded that the chief was too unaccountable to the city’s civilian Police Commission, which was supposed to set policy for the LAPD and to supervise its chief. Partly to blame, the Christopher Commission concluded, were civil service protections that in effect created a “chief for life.” Instead, the commission recommended that chiefs be limited to 10 years in office, with a midpoint review. Voters approved that change as a charter amendment over Gates’ furious objections — indeed, on the night that the riots broke out in 1992, Gates was attending a fundraiser to defeat the amendment.

At the same time that the Christopher Commission was trying to put limits on a chief’s tenure, it also wisely suggested that it should be the norm for chiefs to serve the full 10 years. Its final report described the structure as a single term broken into “two five-year increments.” And though the Police Commission was given broad authority to get rid of a chief who had lost its confidence, the midpoint review was intended as an opportunity for a course correction when something was going wrong, not as a routine opportunity to make a switch. That was meant to strike the balance between accountability and stability, both important for leading an organization as complex and powerful as the LAPD.

Since then, three chiefs have applied for renewal. Two, Willie L. Williams and Bernard C. Parks, were denied the additional five years; one, William J. Bratton, was given the extra time. Their experiences are instructive and should guide the commission.

By 1997, with Williams approaching the end of his first five years, there was a strong consensus among the city’s political leadership that he had failed. Though he had helped patch up the LAPD’s relations with parts of the city, notably among blacks, the department’s performance measures were mixed and its leadership was demoralized. Most significant, Williams lost the commission’s confidence when he lied about accepting free accommodations from a Las Vegas hotel.

Parks’ case was more difficult…

Posted in Education, LAPD, LAUSD, mental health, Restorative Justice, Zero Tolerance and School Discipline | 1 Comment »

Program Helps Kids in CA Lockup Repay Victims While Learning a Trade…LASD to Propose Early Release Risk Assessment Program…Sheriff Candidate Updates…and More

March 10th, 2014 by Taylor Walker

PROGRAM IN CALIFORNIA YOUTH FACILITY ALLOWS KIDS TO LEARN TECH INDUSTRY WHILE EARNING MONEY AND PAYING BACK VICTIMS

Through a tech business program called Merit Partners operating in a California juvenile facility, kids receive training and experience in the tech industry while repaying victims. The program at N.A. Chaderjian Youth Correctional Facility gives kids a way to take responsibility for their crimes, and becomes a healing process for many young participants.

Workers earn $8.00 an hour recycling and reselling electronics. Twenty percent of the money they earn goes into a victim fund, another portion to their own restitution fines. The rest goes into a savings account to help kids learn about personal finances and budgeting, and to help them get on their feet when they leave “Chad.”

Alice Daniel has the story for KQED’s California Report podcast. Here’s a small clip from the transcript:

Michael Casaglio introduces himself and some of his colleagues at Merit Partners, an environmentally certified electronic recycling business that’s located within the walls of the N.A. Chaderjian Youth Correctional Facility. There’s floor leader Terrance Turner, upcoming floor leader Jordan Rutkes and IT tech Chandler Luce.

“Cables, wires, computers, laptops, computer chips, motherboards,” says Casaglio, as he reels off the types of electronic equipment they resell and recycle.

Merit Partners is the only operation of its kind in a California correctional facility. The incarcerated youth do most of the work; a small support staff trains them. The job pays $8 an hour and teaches valuable skills, Casaglio says.

It’s a far cry from his drug-dealing past. He spent his youth in and out of foster care; his own parents were addicts, he says. He smoked pot at age 9, used hard drugs at 11 and, at 15, held his gun to another dealer.

“And during the course of the robbery, somebody tried to prevent us from getting away, so I shot him five times,” says Casaglio, who has been at Chad five years.

The murder haunts him. “I took somebody’s grandparent away,” he says. “I took somebody’s husband, I took somebody’s dad, and there’s nothing I can do to repay or replace that.”

But he is giving back. Twenty percent of the money he and his peers earn goes directly to victims. The youth contribute to a local victims fund every year, and also compensate the people harmed by their crimes by paying restitution fines.

The compensation is mandatory, but 18-year-old Chandler Luce says he would donate some of his earnings to make up for his past, even if it were optional.

“You look in here, and this is a place full of people who caused harm to the world. And I was part of that,” he says.

(The clip doesn’t do it justice. Go listen to the whole story.)


LASD CONSIDERS NEW PROGRAM TO IDENTIFY LOW-RISK INMATES FOR EARLY RELEASE

The LA County Sheriff’s Department plans to propose (to the Board of Supervisors) a new system for selecting low-risk inmates for early release by predicting the likelihood of each inmate reoffending.

Currently, the state system looks only at the inmate’s last offense, and fails to take into account any previous offenses, even those of a serious nature. Critics (WLA included) have long thought that there should be a more nuanced form of risk assessment that looks at a variety of elements, rather than the broad strokes system that is presently in place.

It is therefore good news that interim Sheriff John Scott and Assistant Sheriff Terri McDonald want to try an inmate release strategy that they say will be more finely calibrated.

The LA Times’ Abby Sewell and Jack Leonard have the story. Here’s a clip:

The proposal calls for a significant shift for the nation’s largest jail system, which currently determines when inmates get released by looking at the seriousness of their most recent offense and the percentage of their sentence they have already served. Officials say the current system has weaknesses because it does not take into account the inmate’s full record, including serious crimes that occurred years ago.

Supporters argue the change would help select inmates for early release who are less likely to commit new crimes. But it might also raise some eyebrows. An older offender convicted of a single serious crime, such as child molestation, might be labeled lower-risk than a younger inmate with numerous property and drug convictions.

The Sheriff’s Department is planning to present a proposal for a “risk-based” release system to the Board of Supervisors.

“That’s the smart way to do it,” interim Sheriff John L. Scott said. “I think the percentage [system] leaves a lot to be desired.”

Assistant Sheriff Terri McDonald said at the center of the new system would be a computer program that uses each inmate’s criminal history to calculate the chance he or she will reoffend, and release those deemed lowest-risk first.

In addition to making release decisions, the tool could be used to assign inmates to education and treatment programs while in jail, and to decide which are eligible for alternatives to jail such as home confinement.

“It’s more sophisticated to look at risk,” she said. “It makes common sense to most people.”

The department could choose to override the automated risk scores for inmates convicted of certain crimes, but McDonald said it’s too early to say whether it would.

The Sheriff’s Department has not calculated the cost of the system but hopes to seek bids on the project soon if the Board of Supervisors approves.

(Read more about the proposed program, and how Riverside County is faring with its own version of early-release risk assessment.)


GETTING TO KNOW LA SHERIFF CANDIDATE JAMES HELLMOLD

KPPC’s Frank Stoltze has a new profile of LA County Sheriff hopeful James Hellmold (currently an assistant sheriff) that’s worth reading. Here’s how it opens:

A few years ago, when James Hellmold commanded L.A. County Sheriff’s deputies in the gang-riddled Lynwood area, he drew the ire of some colleagues.

“They had a legitimate question,” Hellmold recalled. “Why [was I] speaking at a gang member’s funeral?”

Hellmold attended the services for 25-year-old Branden Bullard, who’d been shot by rival gang members, to focus, he said, not on the “the negativity” in the young man’s life, but on the good things.

“In more recent days he had mentored some kids who were athletes, and trying to stay away from gangs.”

When the questions persisted from deputies, Hellmold challenged them.

“I asked them what they’ve done to help somebody else.”

Hellmold, 46, now one of four assistant sheriffs in the sprawling L.A. County Sheriff’s Department, seems just as interested in lending a hand to the needy as handcuffing criminals. Asked for a war story from the streets, he doesn’t talk about the time he shot an armed bank robber. He tells of taking foster kids to UCLA football games….

And as for the ongoing, controversial department issues, Hellmold says he is in favor of more civilian oversight, but denies the notion of “systemic misconduct” within the LASD:

“There have been some mistakes made, and there are some more reforms that need to occur,” Hellmold said. “But it is not true that there’s systemic misconduct happening.”

Hellmold once served as a personal assistant and driver for Baca. He owes his rise in the department in part to the retired sheriff and to another candidate, former undersheriff Paul Tanaka. They groomed and promoted him. Baca and Tanaka also faced scathing criticism in a blue ribbon report for failing to stop abuses in the jails. But Hellmold remains reluctant to criticize them publicly.

“It’s very trendy right now to jump on the bandwagon of talking negative of Undersheriff Tanaka,” Hellmold said. “But we can’t deny some of the good things that he’s done for the department.”

Author Joe Domanick, who has written extensively on law enforcement in Los Angeles, wonders how much an insider like Hellmold can reform the agency.

“If he’s risen that high in the department, it’s a rare bird indeed who hasn’t been part of the problem,” said Domanick, adding that Hellmold likely wouldn’t have the big picture view of the department a candidate from outside the agency would bring.

“He’s part of that culture,” Domanick noted. “He’s trained to think, and act within the culture of that department.”


IN OTHER SHERIFF CANDIDATE NEWS: CALIFORNIA AG KAMALA HARRIS THROWS HER SUPPORT BEHIND JIM MCDONNELL

Late last week, California Attorney General Kamala Harris announced her endorsement of Long Beach Police Chief Jim McDonnell in the Los Angeles Sheriff race.

Here’s a small clip from AG Harris’ announcement:

“Chief Jim McDonnell is an excellent choice, and the best choice to lead the Sheriff’s Department into a new era,” Harris said. “McDonnell has the integrity, experience and professionalism necessary to protect public safety and earn the trust of the people of Los Angeles.”



FEDERAL ATTENTION ON STAFF RESPONSE TO SUICIDES BY MENTALLY ILL INMATES IN CALIFORNIA PRISONS

Questionable handling of two successful suicide attempts by mentally ill inmates in California prisons has prompted internal investigations and caught the attention of U.S. District Judge Lawrence K. Karlton (also on the three-judge panel enforcing California’s prison population reduction).

In both instances, guards would not allow medical staffers to enter the cell and attempt to intervene or revive the inmate.

Judge Karlton has held hearings on the treatment of mentally ill prisoners, and will address one of the two incidents in a court session today (Monday).

The Sacramento Bee’s Sam Stanton and Denny Walsh have the story. Here’s a clip:

At 6:10 a.m. on Oct. 15, a medical technician handling the morning “pill pass” at Pleasant Valley State Prison in Fresno County spotted inmate David Scott Gillian hanging inside cell No. 164 from a bedsheet tied to an air vent.

“Gillian is hanging in his cell,” the tech called to a nearby guard, then rushed off to grab the “cut down scissors” and begin the process – mandatory under corrections department policy – of trying to revive the inmate through cardiopulmonary resuscitation, according to an internal department review of the incident.

Guards and medical staff converged at the cell door, according to the internal report. A sergeant and the medical technician entered the cell where Gillian was housed alone and found no pulse or signs of breathing.

“We need to cut him down, we need to do CPR,” the tech told the sergeant.

Instead, the sergeant refused, according to the review team report; he ordered the cell door closed and locked, even after a doctor and another medical staffer demanded they be allowed to perform CPR. Gillian, 52, would remain hanging for nearly four hours before he was cut down.

The confidential corrections department report, obtained by The Sacramento Bee, summarizes the findings of a suicide review team assigned to investigate Gillian’s death. All suicides in California state prisons are reviewed by a team of corrections officials. The report obtained by The Bee, based on the review team’s interviews with prison staff and inmates, chronicles events leading up to and following Gillian’s hanging.

Gillian’s death has sparked a series of internal investigations at the California Department of Corrections and Rehabilitation. In the review team report, corrections officials investigating the suicide express “several concerns” about the circumstances. Among the concerns cited: that prison guards prevented medical staffers from trying to revive Gillian; and that guards may not have made their regularly scheduled rounds that day, possibly causing a delay in discovering his suicide.

The incident is at least the second documented case in recent months of disputes between medical staffers and guards over when a cell door should be opened to provide emergency medical care and assistance to an inmate.

On Sept. 7, Joseph Duran, 35, an inmate at Mule Creek State Prison in Amador County who suffered from mental illness, died hours after he was blasted in the face with pepper spray, according to an internal department review of that case. Duran had undergone a tracheotomy years before, and breathed through a hole in his throat. Agitated and coated with spray, he yanked out the tube he relied on for air, according to the review team report. Guards refused to intervene, despite repeated demands from medical staffers to allow them to enter his cell, decontaminate him and reinsert the tube, according to staff interviews contained in the internal report. Duran was found dead, alone in his cell, seven hours later.

That incident, laid out in a January story in The Bee, prompted U.S. District Judge Lawrence K. Karlton to reopen an evidentiary hearing in Sacramento federal court inquiring into the alleged use of excessive force on mentally ill inmates in California prisons.

[BIG SNIP]

The two cases come as the corrections department battles legal action on several fronts tied to medical and mental health care inside California’s 34 adult prisons. Last month, a three-judge court agreed to give California two more years to reduce its inmate population to 137.5 percent of capacity, a benchmark designed to reduce the overcrowding that the court in 2009 found is the primary reason for subconstitutional levels of medical and mental health treatment for inmates.

Revelations about Duran’s death have complicated matters for the department in a separate inquiry: the hearing before Karlton involving use of force on mentally ill inmates. Attorneys representing the state’s mentally ill inmates did not learn of the circumstances of Duran’s death until they were contacted by The Bee in January, and they have accused the state of covering up his death and the fact that pepper spray was used. The hearing on use of pepper spray and discipline against mentally ill inmates began Oct. 1 and went into November in Karlton’s court in Sacramento, during the same period that corrections officials were reviewing Duran’s death.

Corrections officials deny they were suppressing the Duran incident, but Karlton ordered a hearing on use of force reopened and has scheduled a court session partially devoted to Duran’s death for Monday afternoon.

Posted in CDCR, LA County Board of Supervisors, LA County Jail, LASD, Mental Illness, prison, Reentry, Restorative Justice, Sheriff John Scott | 34 Comments »

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