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School to Prison Pipeline


Los Angeles School Police Announce Important Reforms to Decriminalize School Discipline….& More

August 20th, 2014 by Celeste Fremon



TELLING THE DIFFERENCE BETWEEN STUDENT MISBEHAVIOR AND CRIMINAL BEHAVIOR

In a drastic change in approach when compared to the policies and protocols that ruled the day in the Los Angeles Unified School District as recently as three years ago, the head of the district’s school police, Chief Steven Zipperman, announced on Tuesday that his force will no longer criminalize the less serious forms of school rule breaking—a move that is expected to significantly reduce student contact with the criminal justice system.

Instead, multiple categories of student actions that previously would have led to citations or arrests, will be now be handled by referring the student to rehabilitative forms of intervention by school officials.

These newly re-classified behaviors include such infractions as tobacco possession, alcohol possession, possession of small amounts of marijuana, minor damage to school property (under $400), trespassing on school property, and most fights between students, which usually account for 20 percent of school arrests.

The policy of treating non-serious student misbehavior as criminal behavior was part of the zero-tolerance mania that came into fashion 25 years ago when fear about youth gang violence was hitting its apex, then continued to ramp up further in the panic after school shootings like Columbine in 1999.

The new policy, said Zipperman, “contains clear guidelines” that will help LASP officers “in distinguishing school discipline responses to student conduct from criminal responses.”


HARD WON CHANGES

Tuesday’s reforms are the latest in a series of hard-won changes that began to gain traction after national reports showed that the broad-brush of zero-tolerance did not, in fact, make schools safer, and that contact with police was a strong predictor of school performance and whether a kid would graduate from high school or drop out. (A single arrest doubles a student’s chances of dropping out of school.)

Significant progress was made in Los Angeles in 2012, when police agreed to dial back much of the disastrously punitive policy of truancy ticketing, in which thousands of students per year were issued $250 tickets, often resulting court fees on top of them, for being late or absent from school. Instead, students with chronic absences began being referred to school counselors, rather than courts.


CONCERN OVER RACIAL INEQUITIES

The urgency for reform was further recognized after data surfaced showing that school arrests and school suspensions in California consistently cut disproportionately against students of color and those with disabilities. In 2013, in Los Angeles, for example, LA School Police made nearly 1,100 arrests, 94.5 percent of those arrests involved students of color.

That same year, black students represented just 10 percent of the student population, but accounted for 31 percent of the LASP arrests.

Manuel Criollo, Director of Organizing for the Strategy Center’s Community Rights Campaign, called Tuesday’s announcement a “civil rights breakthrough” that would help “curb the school to prison pipeline in Los Angeles.”

Supervising Juvenile Court Judge Donna Groman put it another way.. “Juvenile court should be the last resort for youth who commit minor school-based offenses,” she said in a statement. “The education system is better equipped to address behaviors displayed at the school level through restorative justice and other alternative means.”

Groman, along with presiding judge of the LA Juvenile Courts Michael Nash, was among the prominent players who actively supported California-based pro-bono law firm, Public Counsel, and the Community Rights Campaign, in their two years of negotiation for Tuesday’s changes.

“There are enough studies that show bringing them into the justice system is really more of a slippery slope that leads to negative outcomes and poor futures,” Judge Nash told the New York Times this week. “The people who are in these schools need to deal with these issues, not use the courts as an outlet. We have to change our attitude and realize that the punitive approach clearly hasn’t worked.”


A NATIONAL MODEL?

The LA School Police joined Oakland, San Francisco and Pasadena in enacting these much-needed reforms.

However, with more than 640,000 students and nearly 1,100 schools, the LAUSD is the second largest school district in the nation. (New York’s system is the largest.) And its school police force is America’s largest, As a consequence advocates hope that Tuesday’s reforms will lead the way for similar reforms statewide and elsewhere in the U.S.

“If fully implemented,”said Laura Faer, Statewide Education Rights Director for Public Counsel, “this policy will move Los Angeles in the right direction to becoming a nationwide leader in putting intervention and support for struggling students before arrests and juvenile court time.”

May it be so.



AND IN OTHER NEWS:

NEW U.C. IRVINE STUDY SAYS HAVING A FATHER OR MOTHER LOCKED UP CAN BE MORE DETRIMENTAL TO A CHILD’S HEALTH THAN DIVORCE OR THE DEATH OF A PARENT

In a startling new study just released by UC Irvine, Assistant Professor of Sociology Kristin Turney finds that children’s emotional and health disadvantages are an overlooked and unintended consequence of mass incarceration. “In addition,” says Turney, “given its unequal distribution across the population, incarceration may have implications for racial and social class inequalities in children’s health.”

The study will appear in the September edition of the Journal of Health & Social Behavior, a publication of the American Sociological Association.

Here’s a clip from the ASA’s pre-publication write-up:

With more than 2 million people behind bars, the U.S. has the highest incarceration rate in the world. This mass incarceration has serious implications for not only the inmates, but their children, finds a new University of California-Irvine study. The study found significant health problems, including behavioral issues, in children of incarcerated parents and also that, for some types of health outcomes, parental incarceration can be more detrimental to a child’s well-being than divorce or the death of a parent.

“We know that poor people and racial minorities are incarcerated at higher rates than the rest of the population, and incarceration adversely affects the health and development of children who are already experiencing significant challenges,” said study author Kristin Turney…

[SNIP]

The likelihood of having an incarcerated parent is especially high in certain groups. “Among black children with fathers without a high school diploma, about 50 percent will experience parental incarceration by age 14, compared with 7 percent of white children with similarly educated fathers,” Turney said.

Compared to divorce, parental incarceration is more strongly associated with both ADD/ADHD and behavioral problems in children; compared to the death of a parent, parental incarceration is more strongly associated with ADD/ADHD….


IN THE JOURNALISTIC COMMUNITY WE ARE REELING FROM THE MURDER OF JAMES FOLEY

A veteran war reporter, American freelance journalist, James Foley repeatedly went deep into conflict zones to bring back stories of the suffering and hardship of people most affected by the conflicts. He went to bear witness. Then he disappeared into Syria nearly two years ago on Thanksgiving Day 2012.

On Tuesday, the Islamic extremist group ISIS released a video appearing to show Foley’s execution.

According to the Committee to Protect Journalists (CPJ) at least 69 other journalists have been killed in Syria since the fighting there began.

Posted in American voices, campus violence, children and adolescents, Civil Rights, Education, juvenile justice, LAUSD, School to Prison Pipeline, Zero Tolerance and School Discipline | 12 Comments »

Robin Williams, R.I.P….. The LAPD Commission Votes on Beck Tuesday: What Will Happen?…..Why Juvenile Justice & Education Must Partner Up….& More

August 12th, 2014 by Celeste Fremon


ROBIN WILLIAMS, RIP, THE LOSS OF A STAGGERING TALENT

There are certainly other comedians who are—were—as funny as Robin Williams. But, as his friends, colleagues and admirers struggled to express their shock and sorrow at comic/actor Williams’ death on Monday—possibly by suicide—each seemed also to need to explain why, really, really there was nobody like him.

This was particularly true when it came to the high-wire act of Williams’ stand-up improvisation.

An improvisational genius, wrote both the LA Times Kenneth Turan and the NY Times’ A.O. Scott. “Genius” is an overused word, but in Williams’ case, that about nails it. At his riffing best, his speed at associating was so dazzling, his impersonations so intuitive and fearless, his intelligence so incandescent, in watching him, one felt one was observing the most astonishing of magic tricks.

Chris Columbus, who directed Williams in Mrs. Doubtfire, and was close friends with the comedian actor for 21 years, explained it another way.

“To watch Robin work was a magical and special privilege. His performances were unlike anything any of us had ever seen, they came from some spiritual and otherworldly place….”

Yep. And his performances elicited not just humor but joy. It may sound sappy, but there you have it. Plus there is his marvelous body of work as an actor, his tireless performances for American troops, his years of leadership in fundraising for the homeless with Comic Relief, and his many private acts of sweet-natured kindness, (many of which are now appearing in essays and remembrances, like this story at CNN and this one at Next Avenue).

All these reasons and more are why the loss of Williams on Monday feels so intolerable.

Among the other remembrances worth reading is one by LA Times’ Turan who tells of his few but inevitably indelible encounters with Williams over the years. But there are lots of good ones.


ON AIRTALK, KPCC’S LARRY MANTLE TALKS TO REPORTERS ABOUT TUESDAY’S LAPD COMMISION MEETING & THE VOTE ABOUT WHETHER TO OFFER BECK ANOTHER 5 YEAR TERM

AirTalk’s Larry Mantle’s interviews KPCC’s Erika Aguilar, Frank Stoltze about what they’ve learned about Tuesday’s vote on Beck, and to the LATimes’ Ben Poston, who was part of the team who reported on the LAPD’s misclassifying aggravated assaults as lower level crimes, then to Raphe Sonenshein, the Executive Director of the Pat Brown Institute for Public Affairs at CSU Los Angeles, who is a Beck fan.

Listen in.

To get you started, here’s a clip from the intro:

The Police Commission is meeting tomorrow [Tuesday] to decide whether to reappoint LAPD Chief Charlie Beck for a second five-year term.

Crime in the city has decreased for 11 years in a row and Beck has played an important role in keeping Los Angeles safe in the face of budget and departmental cuts. But Beck has also come under fire for favoritism and inconsistency in dishing out discipline. Of late, he has been embroiled in a scandal of sorts involving a horse the department bought that was subsequently revealed to have been owned by Beck’s daughter. And over the weekend, the LA Times published an analysis finding that the LAPD has misclassified some 1,200 serious violent crimes as minor offenses.

How does the reappointment process work? What criteria does the five-person Police Commission use for making their decision? What’s your opinion of Chief Beck’s performance thus far?


YOUTH JUSTICE EXPERT TELLS WHY THE WORLDS OF JUVENILE JUSTICE & EDUCATION MUST TRULY PARTNER UP TO END THE “SCHOOL TO PRISON PIPELINE,” NOT JUST TALK ABOUT IT

Fifteen years ago, national youth justice expert and educator, Dr. John Mick Moore, was working as a special education director in King County, Washington, when he began to notice that more and more of his school’s special ed students were winding up in the juvie justice system, plus they were “a larger percentage of dropouts.” Then five years later, in Kings County the two systems began talking to each other. New programs were instituted. Grants were procured. And the fate of formerly lost kids began to improve.

Now, Moore, writes about the fact that, despite much good rhetoric, he doesn’t see this kind of practical partnership in most areas of the country, and why that must change.

Here’s a clip:

In spite of all this good work for the past 10 years, I’m still not seeing education as an equal partner when I visit jurisdictions across the nation. I hear phrases like “dual jurisdiction youth” or “crossover youth” focusing on social welfare and juvenile justice. This work has added tremendous value but education seems to be an afterthought. I have never seen a youth who had significant issues with those two systems who didn’t have significant issues with education. It is obvious that juvenile justice and education will never successfully reform current practices and local outcomes without becoming full partners.

So, why now? What’s the big hurry? The big hurry is that everyday we are losing ground on our nation’s economy and the democratic way of life. Ten years have passed since the “Silent Epidemic” was brought to our attention. Each year a youth is incarcerated, hundreds of thousands of dollars are consumed while lost income reduces the nation’s tax base. Each youth who cannot read, write and make educated decisions jeopardizes the core of our democratic process — an educated population of voters. I regularly express to my colleagues that juvenile justice and education must end the failed practice of isolation and begin to function as true partners on behalf of our youth.


HOW PAROLED LIFERS ARE HELPING TO SLOW DOWN THE SCHOOL TO PRISON PIPELINE

And while we’re on the topic of that “pipeline,” we don’t want you to miss this hour-long special on lifers by NPR’s Latino USA, with Maria Hinojosa and Michael Simon Johnson, which features a story about a group of lifers trying to slow down the school-to-prison pipeline with what they call the FACT program, Fathers And Children Together, bringing locked-up fathers back into their children’s life so that having an incarcerated parent no longer guarantees the cycle will continue.

It’s a fascinating special and a promising program.

Posted in American artists, American voices, art and culture, Charlie Beck, Education, juvenile justice, LAPD, Life in general, prison, prison policy, School to Prison Pipeline | 1 Comment »

LASD Civilian Oversight Rejected, Thousands of Clemency Candidates Have No Right to Counsel, LAUSD Supt. Deasy Urges Staff to Reduce Dropouts…and More

August 6th, 2014 by Taylor Walker

LA COUNTY SUPES VOTE AGAINST LASD CIVILIAN OVERSIGHT

With a 3-2 vote on Tuesday, the LA County Board of Supervisors rejected a motion to form a civilian panel to oversee the sheriff’s department. Supervisor Zev Yaroslavsky said that such a commission would have no real authority over the department, and that the access of the Inspector General should be figured out before the Supes create more oversight. It should be noted that both candidates to replace Yaroslavsky in November have said they are in favor of establishing a citizen’s commission.

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

Supervisor Mark Ridley-Thomas, who along with Supervisor Gloria Molina proposed a civilian commission, said rejecting the idea was tantamount to accepting the “status quo.”

The board itself, as one of the primary bodies that has some power and a pulpit to bring issues at the sheriff’s department to light, “cannot pay enough attention” to the department, Ridley-Thomas said.

“We need help,” he said.

Supervisor Zev Yaroslavsky said the board should make the time. He also said the newly created Office of the Inspector General — whose powers the board considered in an ordinance Tuesday — should have time to take shape before the county creates a whole new commission.

“When everyone’s in charge, no one’s in charge,” Yaroslavsky said.

Yaroslavsky further predicted that the U.S. Department of Justice, which brought criminal indictments against 21 current and former sheriff’s employees over the past two years, may end up seeking court oversight of the department.

“It’s becoming abundantly clear that the justice department will compel the sheriff’s department and this county to be accountable for constitutional policing, either through a consent decree or a memorandum of agreement,” Yaroslavsky said.

Unlike a civilian commission — which would lack formal authority — such an intervention would have real teeth, he said.


THOUSANDS OF FEDERAL PRISONERS FITTING NEW CLEMENCY CRITERIA HAVE NO RIGHT TO AN ATTORNEY

In April, the Department of Justice announced new clemency criteria that widened the pool of federal prisoners that could apply for a presidential pardon—namely non-violent drug offenders sentenced under outdated laws.

Late last week, the Administrative Office of the Courts issued a memo saying that federal prisoners seeking clemency in non-capital cases do not have a constitutional right to counsel from a public defenders or court-appointed attorneys. The original initiative announced by the Justice Department affects thousands of inmates.

Aljazeera America’s Alia Malek and Evan Hill have the story. Here’s a clip:

In a memo circulated to federal defenders and the chief judges of all U.S. district and appellate courts on Thursday, General Counsel Robert Loesche wrote: “There is no Sixth Amendment right to counsel for purposes of seeking executive clemency and no statutory right, except in capital cases … there is no authority under the CJA [Criminal Justice Act] or other law to appoint counsel in non-capital clemency proceedings.”

Under that interpretation, federal defenders, whose salaries are paid by the government, and court-appointed private attorneys, who receive federal reimbursement when they are called in for service, could not legally be paid for representing clemency candidates.

The decision is a considerable setback for a coalition of legal and advocacy groups that has stepped in at the Justice Department’s behest to lead the clemency effort, which the department has heralded as a cornerstone of the administration’s criminal justice reform agenda.

It would sideline many lawyers who have come to know their clients’ cases intimately over years of work, requiring them to turn over the task of filing clemency petitions — which draw on a prisoner’s personal and legal history — to new attorneys.


LAUSD SUPT. DEASY ASKS SCHOOL ADMINISTRATORS TO PUSH TO END DROP OUTS, ASSIGNS THEM EACH A STRUGGLING STUDENT

During a speech to kick off the new school year, LAUSD Superintendent John Deasy called upon school administrators to make a personal effort to lower the drop out rate. Deasy distributed 1,500 names of struggling students entering the 10th grade across the district. Deasy asked each administrator to reach out to one kid at risk of dropping out, and help them graduate in three years.

The LA Times Howard Blume has the story. Here’s a clip:

Much of Deasy’s talk at Garfield High School in East Los Angeles celebrated progress in the nation’s second-largest school system, including rising graduation rates. The most recent rate was 82%, Deasy said, including students who stayed enrolled longer than four years.

He quickly turned to another figure: 6,950, the number of dropouts from that same class. Deasy said that number could be brought down to zero and implored his audience to “reach out to one youth at a time, every single one of us.”

To that end, 1,500 sealed envelopes, each containing a student’s name, were placed on seats in the recently rebuilt Garfield High auditorium. The superintendent asked administrators to reach out to the students — all were freshmen last year who are at risk of dropping out. They had problems with attendance, discipline, failed classes or low test scores — or a variety of these, district spokeswoman Ellen Morgan said. Some are in foster care, some are learning English and some are disabled.


RECOMMENDED WATCHING: PBS’ “15 TO LIFE”

On Monday, PBS aired a documentary, “15 to Life: Kenneth’s Story,” about Kenneth Young, a man who was sentenced as a teenager whose armed robbery landed him four consecutive life sentences without the possibility of parole. (We linked to it here.) You can now watch the entire documentary on the PBS website for the next month, in case you missed it.

Posted in Education, Inspector General, LA County Board of Supervisors, LASD, LWOP Kids, Public Defender, School to Prison Pipeline | 2 Comments »

Using Risk Assessment in Sentencing…Protecting Kids Whose Parents are Being Arrested…and More

August 1st, 2014 by Taylor Walker

AG ERIC HOLDER OPPOSES USING RISK ASSESSMENT TO CALCULATE DRUG SENTENCES

US Attorney General Eric Holder has come out against states using certain “big data” risk assessment tools to help determine drug sentences. Holder says that sentences should match the crime, and that using things like a person’s work history, education, and what neighborhood they’re from to determine their likelihood of reoffending, and thus, how long they should remain in prison, may have an adverse impact on minorities and poor people.

Supporters of risk assessment say that the data helps lower the prison population, recidivism, and money spent on incarceration. Many states use big data in corrections, but the federal government does not. A bipartisan bill to adopt risk assessment at the federal level is making its way through legislature, and is expected to make it to President Obama’s desk.

California uses risk assessment by way of “sentencing enhancements” that add time onto sentences, and are grossly skewed against minorities and contribute to our overstuffed prisons.

Times’ Massimo Calabresi interviewed AG Holder and has more on the issue. Here’s a clip:

Over the past 10 years, states have increasingly used large databases of information about criminals to identify dozens of risk factors associated with those who continue to commit crimes, like prior convictions, hostility to law enforcement and substance abuse. Those factors are then weighted and used to rank criminals as being a high, medium or low risk to offend again. Judges, corrections officials and parole officers in turn use those rankings to help determine how long a convict should spend in jail.

Holder says if such rankings are used broadly, they could have a disparate and adverse impact on the poor, on socially disadvantaged offenders, and on minorities. “I’m really concerned that this could lead us back to a place we don’t want to go,” Holder said on Tuesday.

Virtually every state has used such risk assessments to varying degrees over the past decade, and many have made them mandatory for sentencing and corrections as a way to reduce soaring prison populations, cut recidivism and save money. But the federal government has yet to require them for the more than 200,000 inmates in its prisons. Bipartisan legislation requiring risk assessments is moving through Congress and appears likely to reach the President’s desk for signature later this year.

Using background information like educational levels and employment history in the sentencing phase of a trial, Holder told TIME, will benefit “those on the white collar side who may have advanced degrees and who may have done greater societal harm — if you pull back a little bit — than somebody who has not completed a master’s degree, doesn’t have a law degree, is not a doctor.”

Holder says using static factors from a criminal’s background could perpetuate racial bias in a system that already delivers 20% longer sentences for young black men than for other offenders. Holder supports assessments that are based on behavioral risk factors that inmates can amend, like drug addiction or negative attitudes about the law. And he supports in-prison programs — or back-end assessments — as long as all convicts, including high-risk ones, get the chance to reduce their prison time.

But supporters of the broad use of data in criminal-justice reform — and there are many — say Holder’s approach won’t work. “If you wait until the back end, it becomes exponentially harder to solve the problem,” says former New Jersey attorney general Anne Milgram, who is now at the nonprofit Laura and John Arnold Foundation, where she is building risk-assessment tools for law enforcement. Some experts say that prior convictions and the age of first arrest are among the most power­ful risk factors for reoffending and should be used to help accurately determine appropriate prison time.


NEW LAW ENFORCEMENT GUIDELINES FOR TAKING CARE OF KIDS WHOSE PARENTS ARE BEING ARRESTED

The Department of Justice and the International Association of Chiefs of Police are taking crucial steps toward protecting kids from avoidable trauma by rolling out guidelines and training at the local, state, and federal levels on how to care for children whose parents are being arrested. The guidelines include asking suspects if they have dependent kids during their arrest (a California Research Bureau report found that only 13% of California officers ask this), placing kids with relatives instead of taking them into child welfare custody, and postponing arrests so that kids are not present, if possible.

USA Today’s Kevin Johnson spoke with Deputy AG James Cole about the new guidelines. Here’s a clip:

Few law enforcement agencies have policies that specifically address the continuing care of children after such arrests, despite an estimated 1.7 million children who have at least one parent in prison, according to the Bureau of Justice Statistics. The number of children jumps to about 2.7 million when parents detained in local jails are included….

Justice and the International Association of Chiefs of Police, the nation’s largest organization of police officials, are beginning to roll out guidelines to agencies across the country. It is an unusual attempt to shield children — often forgotten in the chaotic moments before and after arrests — from unnecessary “trauma” related to their parents’ detention.

While there is little reliable data to indicate how many children each year are in need of emergency placement because of parental arrests, [Deputy Attorney General James] Cole indicated that thousands of children could require such care.

“In addition to the legal consequences, protection of a child in these and related situations should also be viewed as an ethical, moral and pragmatic responsibility that serves the short-term and long-term interests of both law enforcement … and the communities they serve,” the IACP concluded in a report outlining the proposed guidelines to thousands of member police officials.

And here are some of the guidelines:

• Officers and agents should be required to determine the whereabouts of children during parental arrests.

A California Research Bureau report, cited by the IACP, found that only 13% of officers in California agencies routinely asked whether suspects had dependent children during arrests. Nearly two-thirds of state departments, according to the bureau, did not have policies to guide them on how or when to take responsibility of children during or after arrests.

• Children in need of emergency care, whenever possible, should be placed with other family members or close family friends, rather than social service agencies or police.

“Custody by a law enforcement agency or (child welfare systems) can have a significant negative emotional impact on a child, adding to the trauma of parent-child separation that the arrest may cause and possibly creating an enduring stigmatization,” the IACP report stated.

• Law enforcement and child welfare authorities should have agreements in place to assist in cases when emergency placement is necessary. In advance of police raids, child welfare officials should be part of pre-arrest planning when it is likely that children will be present at targeted locations.

“In some cases, where timing is not a critical concern,” the IACP report suggests, “an arrest may be postponed so that it will not be conducted in the presence of the child. If delay is not possible, arrangements should be made in advance to have additional law enforcement officers and or representatives from (child welfare services) … at the scene or on call.”


AND WHILE WE’RE ON THE ISSUE OF TRAUMA IN CHILDREN…

Nearly half of kids across the nation have experienced at least one trauma—an Adverse Childhood Experience (ACE)—according to a new report by the Child Trends research institute. The report used data from 95,000 households, and tallied eight different ACEs, including having a parent behind bars, economic hardship, witnessing violence at home, and divorce. Nationwide, 11% of kids experienced more than three ACEs (and 9% of kids in California).

KPCC’s Deepa Fernandes has more on the findings. Here’s a clip:

Experts say chronic early stress – or “adverse experiences” – in children’s lives can alter their emotional responses, their impulse control and even harm their developing brains.

For the study, researchers analyzed interviews from the 2011-12 National Survey of Children’s Health with more than 95,000 adults who had a child in their household…

Economic hardship was the most commonly reported stress children nationwide faced.

Child Trends has been compiling data about children’s well-being for years, but this is their first time using a large enough nationwide sample to make state-by-state comparisons.


THE REALITY OF THE SCHOOL-TO-PRISON-PIPELINE

At a commencement speech in a corrections facility, Gloria Ladsen-Billings (Kellner Family Chair of Urban Education at University of Wisconsin-Madison) once asked inmates how many of them had been suspended as a child. Every single one of them raised their hands.

Ladsen-Billings, in a talk with HuffPost’s Marc Lamont-Hill about racial disparity in suspensions, used this story to help illustrate how harsh school discipline creates a school-to-prison-pipeline, affecting kids into adulthood.

Here’s a clip from the accompanying text, but do click over to Huffpost and watch the video, which is part of a larger discussion that included Tunette Powell, the mother whose two toddlers have received a whopping 8 suspensions between them:

She explained that schools’ disproportionately large percentages of black student suspensions has less to do with white teachers not understanding the behavior of black students, and more to do with fear they bring into the classroom with them.

“The majority of suspensions are linked to what is called ‘non-contact behavior,’” she told Hill. “Kids get suspended for wearing a hat. Kids get suspended for rolling their eyes. Some of the referrals will say they were ‘disrespectful.’”

Billings explained that the danger of discrepancy between the severity of a punishment and the nature of the transgression plays out in students’ later lives.


LATEST IN THE NY TIMES MARIJUANA LEGALIZATION SERIES

In case you are following the New York Times’ editorial series about ending marijuana prohibition at the federal level, here is the latest offering.

Posted in juvenile justice, law enforcement, racial justice, School to Prison Pipeline, Sentencing, The Feds, Trauma, Zero Tolerance and School Discipline | 3 Comments »

2 Jurors Replaced at LASD Fed Trial…SCOTUS Clears Way for Conversion Therapy Ban….Booker & Smith Introduce Better Options for Kids Act

July 1st, 2014 by Celeste Fremon



REPLACEMENT OF 2 JURORS MEANS PATH TO VERDICT IN LASD TRIAL GETS LONGER

Jurors began deliberations last Tuesday on the obstruction of justice trial in which six members of the Los Angeles Sheriff’s Department are accused of deliberately getting in the way of a federal grand jury investigation into widespread brutality and corruption in the LA County jail system.

By Friday afternoon, attorneys and trial watchers speculated optimistically that the jury might have the end of its deliberations at least in sight, and thus could possibly produce a verdict some time Monday.

Then Monday rolled around and all optimism vanished when two jurors were replaced alternates.

The first juror, a woman, was replaced Monday morning after she sent the judge a note resulting in a series of lengthy sidebars between Judge Percy Anderson and the two groups of attorneys involved, the prosecution and the defense.

Although Anderson sealed the content of the note, the reason that the juror needed or wanted to be replaced appeared to be something singular enough that it required animated discussion on the part of judge and lawyers prior Anderson making a final decision on the matter. Hence the sidebars.

Finally at 9:45 a.m., Anderson called the remaining eleven jurors back in and announced to them that an alternate was to replace one of their number. This meant, he explained, that they were now a brand new jury and must begin deliberating all over again as if their previous deliberations had never occurred.

The eleven who’d been at this for more than four days did not look thrilled at this “start your deliberations anew” set of instructions, but they filed out dutifully.

After about a half hour of deliberations the “new” jury sent a note to Anderson wanting to know if they could change their lunch location, which seemed to suggest that they had not yet gotten into any kind of deliberative stride.

Then at 12:30 or so, yet another note. This time from a second juror (also a woman) who, because of some kind of emergent personal situation, needed to be excused permanently right away. The juror appeared to be controlling distress and Judge Anderson excused her without much fuss after thanking her formally but warmly, for her time and service.

In came the rest of the jury members who were, again, told that one of their group was being replaced. This time the alternate juror was a man, disrupting the previous six-six split of males to females on the panel.

The jury was informed that it was now a new new jury, and thus must again “start your deliberations anew…” and so on.

If the panel members looked uncheery before, at this second set of instructions to totally reboot they looked visibly grim. Yet, they also still looked, for the most part, reasonably willing and determined.

With the exception of one last jury note that had something to do with a juror whose boss was getting irritated that he or she had been out so long, the rest of the afternoon was uneventful….

….and without a verdict.


U.S. SUPREME COURT SAYS NO TO HEARING APPEAL OF CALIFORNIA LAW BANNING GAY CONVERSION THERAPY

California’s first-of-its-kind law banning “reparative therapies,” which are designed to turn gay kids straight, was passed by the state legislature and signed into law by governor Jerry Brown in fall 2012, but it has yet to take effect because of court challenges by those opposed to the statute.

In August 2013, the 9th Circuit ruled that the practice, which is not supported by the scientific mainstream and has been shown to be damaging to youth, often producing depression and suicidality, was not protected by the First Amendment nor could it be challenged on religious grounds.

The law’s opponents then tried the Supreme Court, which on Monday refused to hear the challenge, thus opening the path for the important ban to finally take effect.

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

The U.S. Supreme Court cleared the way Monday for enforcement of a first-of-its-kind California law that bars psychological counseling aimed at turning gay minors straight.

The justices turned aside a legal challenge brought by supporters of so-called conversion or reparative therapy. Without comment, they let stand an August 2013 appeals court ruling that said the ban covered professional activities that are within the state’s authority to regulate and doesn’t violate the free speech rights of licensed counselors and patients seeking treatment.

The 9th U.S. Circuit Court of Appeals ruled last year that California lawmakers properly showed that therapies designed to change sexual orientation for those under the age of 18 were outside the scientific mainstream and have been disavowed by most major medical groups as unproven and potentially dangerous.

“The Supreme Court has cement shut any possible opening to allow further psychological child abuse in California,” state Sen. Ted Lieu, the law’s sponsor, said Monday. “The Court’s refusal to accept the appeal of extreme ideological therapists who practice the quackery of gay conversion therapy is a victory for child welfare, science and basic humane principles.”


SENATORS COREY BOOKER & CHRIS MURPHY INTRODUCE BILL TO INCENTIVIZE STATES TOWARD BETTER YOUTH JUSTICE POLICIES USING EXISTING FEDERAL $$$

Last week, U.S. Senators Chris Murphy (D-Conn.) and Cory Booker (D-N.J.) introduced something called the Better Options for Kids Act, a bill designed to “incentivize states to replace overly harsh school disciplinary actions and juvenile court punishment with bipartisan, evidence-based solutions that save money, enhance public safety, and improve youth outcomes.”

Interestingly, the bill uses existing funding streams to reward states that adopt policies that replace a purely punitive approach with those that improve youth outcomes. As examples, the bill lists:

Limiting court referrals for school-based non-criminal status offenses (truancy, curfew violations, et al)

Incentivizing school district to have clear guidelines regarding the arrest powers of school resource officers on school grounds

Providing training or funds training for school districts to use non-exclusionary discipline. (NOTE: “Exclusionary discipline” means suspensions, expulsions, and other disciplinary practices that keep students out of the classroom.)

Shifting funding formerly dedicated to secure detention for minors into community-based alternatives for incarceration

Adopting a reentry policy for youth leaving correctional facilities that ensures educational continuity and success.

“This bill represents a serious leap forward in the fight to dismantle the school-to-prison pipeline, and to build a smarter, more effective, and more compassionate juvenile justice system” said Cory Booker in a statement announcing the bill’s introduction.

Murphy also stated strong sentiments. “When we lock up a child, not only are we wasting millions of taxpayer dollars, we’re setting him or her up for failure in the long run,” he said. “We need to quit being so irresponsible and facilitate better outcomes for youth.”

After he was elected U.S. Senator, former Newark New Jersey mayor Booker promised to make juvenile justice reform one of his top priorities. The Better Options for Kids Act looks like a promising step in that direction.

We’ll keep an eye on the bill’s progress.

Posted in Civil Liberties, FBI, jail, juvenile justice, LA County Jail, LASD, LGBT, School to Prison Pipeline, Youth at Risk, Zero Tolerance and School Discipline | 15 Comments »

Combatting Crime by Paying People to Not Kill, Repaying the Wrongfully Convicted, and SoCal Districts Cutting Suspensions

June 18th, 2014 by Taylor Walker

RICHMOND, CALIFORNIA PAYS PEOPLE AT RISK OF VIOLENT CRIME TO STAY AWAY FROM TROUBLE

In 2006, the Contra Costa city of Richmond, CA had one of the highest homicide rates in the nation. The situation was so dire, the city authorized an unheard of new program that would identify the most likely to shoot someone or be shot, and pay them to keep out of trouble.

Four times per year, the Office of Neighborhood Safety, conceived and developed by DeVone Boggan, selects 50 candidates under 25, and enrolls them in an 18-month program. Participants receive a monthly stipend between $300 and $1000 for 9 of those months, along with education, mentoring, and other services.

The program has its critics, and it has yet to be thoroughly evaluated, but it may actually be working. In 2013, Richmond saw its lowest homicide rate in 33 years, and 65 of 68 of the young men who had been enrolled in the program over the previous four years were still alive.

Tim Murphy has the story for the July/August issue of Mother Jones Magazine. Here are some clips:

It was a crazy idea, but Richmond, California, wouldn’t have signed off on DeVone Boggan’s plan if it had been suffering from an abundance of sanity. For years, the Bay Area city had been battling one of the nation’s worst homicide rates and spending millions of dollars on anti-crime programs to no avail. A state senator compared the city to Iraq, and the City Council debated declaring a state of emergency. In September 2006, a man was shot in the face at a funeral for a teenager who had been gunned down two weeks earlier, spurring local clergy to urge city hall to try something new—now. “If you always do what you’ve always done, you’ll always get what you’ve always gotten,” says Andre Shumake Sr., a 56-year-old Baptist minister whose son was shot six times while riding his bicycle. “It was time to do something different.”

Richmond hired consultants to come up with ideas, and in turn, the consultants approached Boggan. It was obvious that heavy-handed tactics like police sweeps weren’t the solution. More than anything, Boggan, who’d been working to keep teen offenders out of prison, was struck by the pettiness of it all. The things that could get someone shot in Richmond were as trivial as stepping out to buy a bag of chips at the wrong time or in the wrong place. Boggan wondered: What if we identified the most likely perpetrators and paid them to stay out of trouble?

Boggan submitted his proposal. He didn’t expect the city to come back and ask him to make it happen. “They asked me for a three-year commitment and told me to put on my seatbelt,” he recalls.

In late 2007, Boggan launched the Office of Neighborhood Safety, an experimental public-private partnership that’s introduced the “Richmond model” for rolling back street violence. It has done it with a mix of data mining and mentoring, and by crossing lines that other anti-crime initiatives have only tiptoed around. Four times a year, the program’s street team sifts through police records and its own intelligence to determine, with actuarial detachment, the 50 people in Richmond most likely to shoot someone and to be shot themselves. ONS tracks them and approaches the most lethal (and vulnerable) on the list, offering them a spot in a program that includes a stipend to turn their lives around. While ONS is city-funded and has the blessing of the chief of police, it resolutely does not share information with the cops. “It’s the only agency where you’re required to have a criminal background to be an employee,” Boggan jokes.

So far, the results have been promising: As this story went to press, 65 of the 68 “fellows” enrolled in the program in the previous 47 months were still alive. One had survived a shooting and three had died. In 2007, when Boggan’s program began, Richmond was America’s ninth most dangerous city, with 47 killings among its 106,000 residents. In 2013, it saw its lowest number of homicides in 33 years, and its homicide rate fell to 15 per 100,000. Rates are dropping nationwide, but not so steeply. (In 2013, nearby Oakland’s homicide rate was 23 per 100,000; Detroit’s was 47 per 100,000.)

[SNIP]

Here’s how it works: A team of seven “neighborhood change agents” patrol the streets like beat cops, keeping tabs on the 50 high-risk members of what Boggan calls the “focus group.” The coordinators, most of them former convicts, check in with their sources at corner stores, barbershops, and churches and report back daily on what they’ve heard. “I want us to hunt ‘em like they hunt, and I want us to hunt for information,” Boggan says. “We have better information than the police.” Once a certain level of trust has been established between the coordinators and their targets, a meeting is arranged, and the pitch is made.

In exchange for shunning dangerous behavior, ONS fellows receive anywhere from $300 to $1,000 per month, depending on their progress following a “life map” of personal and professional goals. If they team up with someone from a rival community to renounce violence altogether, they can get even more money—though that’s yet to happen. Fellows can receive stipends for 9 of their 18 months in the program. The city gave ONS $1.2 million for its operating budget last year, but the money for the stipends came from a handful of private donors, including the health care giant Kaiser Permanente. (A Kaiser spokeswoman says the program is good for “diffusing community tensions and reducing violence,” thereby limiting stress-related health risks like heart disease, strokes, and diabetes.)

ONS staffers help fellows take concrete steps toward stability, from providing assistance in getting a driver’s license or a GED to helping raise $5,000 for a merchant-marine training class. Though the program officially cuts off when fellows turn 25, Boggan says ONS tries to stay in touch with them as long as possible.

[SNIP]

“The analogy here is infectious disease,” says Barry Krisberg, a UC-Berkeley criminologist who has advised Boggan. For years, crime fighters had combated epidemics of violence by quarantining criminals in prison. Boggan took what he’d seen in other cities and adopted a new course of treatment: By inoculating the carriers of violence, perhaps you can protect an entire community.


HOW MUCH DO INNOCENT PEOPLE RECEIVE AFTER THEY ARE EXONERATED?

NPR’s Planet Money takes a look at what kind of payment people who are wrongfully convicted receive for every year of their incarceration.

The federal government and 17 states pay a fixed amount per year, and some states evaluate compensation case-by-case, but there are 21 states that offer no money to innocent people who go to prison.

From the pool of states paying a fixed amount to people who have been exonerated, Texas pays the most at $80,000 per year spent behind bars, and Wisconsin pays the least at $5,000. Experts say that the states offering a moderate fixed amount are likely trying to avoid a lawsuit and a higher settlement later.

Here’s a clip:

Several states and the federal government offer $50,000 per year for people wrongly convicted in federal court. Why is that such a common figure?

Federal payments were set by a law passed a decade ago. At that time, Alabama had the highest compensation at $50,000 per year, so the feds simply decided to match that, according to Stephen Saloom, policy director at the Innocence Project. Other states may have followed the lead of the federal government.

“There doesn’t seem to be any other rationale behind the number,” said Paul Cates, also at the Innocence Project.

Unfortunately, even in states that offer compensation, the claim process is often complicated. For instance, California pays $36,500 per year of wrongful incarceration, but (as of 2013) only 11 of 132 exonerees from the year 2000 on, have actually received the money. (Late last year, Gov. Jerry Brown signed a bill that would make the process easier.)


SOCAL SCHOOL DISTRICTS LOWER SUSPENSIONS, BEAT THE STATE AVERAGE

According to a new UCLA study, four out of five Southern California counties achieved lower suspension rates than the statewide average. The study compares data from the 2011-2012 and 2012-2013 school years. Los Angeles, Ventura, Riverside, and San Bernardino together reduced their suspensions by 37,325 over the previous year, while also decreasing the racial disparity.

The LA Times’ Teresa Watanabe has more on the data. Here’s a clip:

Districts in Los Angeles, Riverside, San Bernardino and Ventura counties imposed 37,325 fewer suspensions last year than the year before and posted sharper declines in their respective suspension rates than the statewide average, according to an analysis of selected California counties by the UCLA Civil Rights Project.

L.A. County, for instance, reduced its rate by about 42% more than the state; the other counties outperformed the state by 12% for San Bernardino, 59% for Riverside and 60% for Ventura.

Orange County’s reduction equaled the state average. But Orange reported the lowest number of suspensions per 100 students last year — 3.4 compared with 9.12 for San Bernardino County and 5.10 for Los Angeles County, according to the analysis of state discipline data released last week.

“These are unquestionably positive results. California school districts are beginning to understand that extreme suspension-first policies neither improve school climate nor boost academic achievement,” said Daniel J. Losen, the study’s lead author and director of the UCLA project.

Losen added, however, that suspension rates remained too high and that students are still sent home on a daily basis for minor infractions unrelated to fighting or drugs.

In another interesting example of why stamping out harsh school discipline is so critical, data from the New York Dept. of Probation shows that, last year, kids entered the juvenile justice system at a rate 53% higher in May than in August. Because summer is traditionally a higher crime season, the data suggests that schools are pushing kids into the juvenile justice system.

WNYC News’ Kathleen Horan has the story. Here’s how it opens:

New York City has the largest school district in the country and a reputation for doling out harsh penalties. Even the Justice Department has warned that routine infractions should land a student in the principal’s office — not in a police precinct. As another school year wraps up, pressure is on Mayor Bill de Blasio to announce discipline policy reforms.

The kind of trouble that can land students in jail is more likely to happen while while they’re in school rather than out on summer break. Fifty percent more juveniles went through the criminal justice system in May 2013 than in August that year, according to Department of Probation intake data. “They aren’t better behaved during the summer than the winter,” observed former DOP Commissioner Vincent Schiraldi, in February. “They’re just less surveilled.”

As senior advisor in the administration’s Office of Criminal Justice, Schiraldi is now focused on coming up with a plan that will help reduce the number of kids getting hauled out of school in handcuffs, attempting to close what has come to be known as the “school-to-prison pipeline.”

Posted in Innocence, juvenile justice, School to Prison Pipeline, Violence Prevention, Zero Tolerance and School Discipline | 1 Comment »

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

June 5th, 2014 by Taylor Walker

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

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

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

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

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

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

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

[SNIP]

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

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

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

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

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

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

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

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

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

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


150K BALLOTS STILL UNCOUNTED

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

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

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

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

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

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

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

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


TEDxIRONWOOD: FIRST EVER TED TALKS EVENT IN A PRISON

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

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

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

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

[SNIP]

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

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

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

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

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


WLA ON KCRW’S PRESS PLAY WITH MADELEINE BRAND

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


GRAY WOLF GETS ENDANGERED SPECIES STATUS IN CALIFORNIA

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

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

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

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

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

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

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

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

California “Lifers” and Parole, Sex Trafficking in LA, Kids Unrepresented in Court, Sheriff Candidate Updates, and Oregon Legalizes Gay Marriage

May 20th, 2014 by Taylor Walker

LIFE ON THE OUTSIDE FOR FORMER “LIFERS” ON PAROLE IN CALIFORNIA

Over the last six years, California has seen a considerable increase in “lifers” winning parole. This is largely due to a 2008 Supreme Court ruling that changed how the parole board and the governor handled parole decisions.

In the latest installment of the KQED California Report series “Second Chance: Lifers and Parole in California,” reporter Scott Shafer looks at the positive environmental shifts this significantly increased chance of parole is creating inside prisons, and speaks with former “lifers” now paroled and living on the outside.

Here’s a clip from the transcript:

For decades, California inmates serving sentences like 25-years-to-life had very little chance of being released. Parole was routinely denied by the Board of Parole Hearings, or blocked by the governor.

But in the past few years, there’s been a dramatic change. Since a key Supreme Court ruling in 2008, the number of so-called “lifers” winning parole has steadily climbed. Since then, more than 1,700 lifers have been released.

The change is being felt on both sides of the prison walls. At a recent graduation day at San Quentin State Prison, about 50 inmates — most of them lifers — collected their diplomas from a course in leadership.

After the ceremony, Associate Warden Jeff Lawson said that as more and more lifers are granted parole and leave prison, the inmates are taking notice.

“Most of these guys understand there is light at the end of the tunnel now,” Lawson says. “So it just helps improve the overall environment for them. And it gets the ones who were maybe straddling the fence to get off the fence and get on the right side.”

Inmate Duane Reynolds just completed the leadership course. On the way back to his cellblock, he describes the crime that sent him away more than 25 years ago.

“As a matter of fact, what I did was, I murdered my uh, my supervisor,” Reynolds says. “High on drugs. So my life was out of control.”

Reynolds was 30 at the time. His sentence: 26 years to life. He’s now 54. Despite being denied parole three times, Reynolds is hopeful. Next month, he says, the parole board will decide — once again — if he’s suitable for parole and no longer a risk to society. I ask him if he thinks he’s suitable?

“That’s a very difficult question for me,” he answers. “I will say this: I’m a changed individual. But the fact that I took another human being’s life, that’s a hard question for me.”

Reynolds says he and his fellow San Quentin inmates are very aware that after years of routine denials of parole, word is out: If you do the work, complete the programs and stay in line, release is a very real possibility.

“The fact that people are going home is really encouraging to a lot of individuals,” he notes.

Since 2009, more than twice as many lifers have been paroled than in the previous two decades combined. There are several reasons for that. State Supreme Court rulings that made it tougher to deny parole to inmates who are no longer a threat to public safety.

Also Gov. Jerry Brown’s 12 appointees on the parole board are granting parole at a much higher rate than previous commissioners.

And unlike his predecessors, who usually blocked parole for murderers, Brown is allowing 80 percent of the parole recommendations to go forward.

While you might think that freedom after decades in prison is all upside, the reality is more complicated…

Listen to/read the rest.


LA DAILY NEWS TAKES AN IN-DEPTH LOOK AT SEX TRAFFICKING IN LOS ANGELES

http://www.dailynews.com/social-affairs/20140518/prostitution-in-los-angeles-court-gives-girls-in-sex-trade-a-second-chance
The LA Daily News has a compelling new series on sex trafficking in Los Angeles,
who the real victims of the trafficking are, and new ways city officials and law enforcement agencies are combatting the problem.

A particularly good story in the series, this one by Christina Villacorte, explores programs created to help teen girls escape sexual exploitation and start their lives over, through relocation, education and job training, and other crucial services. Here’s how it opens:

Her face marred by a tattoo that a pimp had used to mark her as his property, the teenage girl told the judge in a plaintive voice, “I just want to go home.”

Later, another teen girl wearing too much makeup and too little clothing admitted running away from a group home for juvenile delinquents after attacking someone there for insulting her.

“Someone called me a prostitute and I lost it,” she explained to the judge. “I blacked out.”

Her bravado faded, however, when a probation officer explained that she was found wandering the streets afterwards, having gotten lost while looking for her mother, who had abandoned her.

When she cried, she revealed the child she still was, underneath the makeup, sheer top and short skirt, with high heels and matching red purse.

This is the STAR Court in Compton, a pilot program that specializes in cases involving commercially sexually exploited girls, and Commissioner Catherine Pratt presides with a focus on rehabilitation over punishment. The acronym stands for Succeeding Through Achievement and Resilience.

Pratt does not immediately dismiss the prostitution-related charges against the girls so they can remain eligible for wraparound services offered by Los Angeles County’s juvenile justice system. These include placement in a group home or juvenile hall — a safe place away from pimps — gang intervention programs, educational opportunities, job training, and even family reunification services.

“Most of these kids have experienced betrayal, if not worse, from people in positions of authority throughout their whole lives that skews their view of the world,” Pratt said. “What we’re trying to do for these kids is to show them there are people in positions of authority who do care.”

When the girls are ready and able to leave the life, she can order their juvenile criminal records sealed, allowing them to start over.


DENYING CHILDREN THE CONSTITUTIONAL RIGHT TO AN ATTORNEY

Rolling Stone Magazine has an interesting story by Molly Knefel that looks at the reasons indigent kids often go unrepresented by an attorney in courts across the nation and what one state is doing to remedy the issue. Here’s a clip:

…In juvenile courts across the country, children often face the full weight of the criminal justice system without the protection of a defense attorney. According to a report from the U.S. Attorney General’s office, “Some systems ensure that every child in the system is represented, while others allow 80-90 percent of youth who are charged with offenses to appear without counsel.” Children may be unrepresented for a variety of reasons, including lack of access to a public defender or pressure from judges or prosecutors to waive their constitutional right to an attorney.

Earlier this month, Colorado scored a victory for juveniles in criminal proceedings by passing House Bill 1032, a law that will ensure that all children will be represented by counsel when they appear in court. The Colorado Juvenile Defender Coalition (CJDC) found in 2012 that at least 45 percent of juveniles did not have a defense lawyer at any point throughout their case, with many more receiving counsel late in proceedings. Kim Dvorchak, CJDC’s executive director, says that early advocacy is crucial for children who have been arrested. “There are many places statewide where kids are showing up in a jumpsuit and shackles and the judge is deciding whether they get to go home,” she says, “and no one is there making an argument for them.”

Dvorchak says there’s a similar problem for children who receive summonses and have to appear in court. Those are called “first appearances,” and many children face them with literally no defense attorney in the room. “You’ll have a busload of kids and families in the room,” she says. “There will be a prosecutor there who calls out their names, talks to them right there in open court in front of all the families, let’s them know, ‘I’ve reviewed your case and I’m offering you a plea bargain.’” Without a lawyer, she says, those families have no one to tell them the potential impact of accepting a plea – and they may feel pressure to plead guilty even if their child is innocent. “They may think, ‘Oh probation, that sounds good, you’re not putting my kid in jail.’ But they’re not understanding what probation will mean for their lives.”

Read on.


LOS ANGELES SHERIFF CANDIDATES’ NEW AD CAMPAIGNS

Los Angeles District Attorney Jackie Lacey has recorded a radio advertisement in support of Long Beach Police Chief Jim McDonnell for Los Angeles County Sheriff.

Paul Tanaka also has a new radio ad, and Assistant Sheriff Jim Hellmold had a glossy insert in the Sunday LA Times last week.


OREGON BECOMES 18TH STATE TO LEGALIZE GAY MARRIAGE

On Monday, a U.S. District Judge Michael McShane tossed Oregon’s ban on gay marriage. His ruling will likely not be challenged. (Hooray!)

The Oregonian’s Jeff Mapes has more on the ruling (in addition to some lovely photos of gay couples finally allowed to get marrried). Here are some clips:

Oregon’s ban on same-sex marriages was struck down Monday by U.S. District Judge Michael McShane, who ruled that the prohibition violated the federal constitutional rights of gays and lesbians.

Jubilant couples who anticipated a favorable decision from the judge began the rush to officially wed at locations around the state. McShane ordered that his ruling take immediate effect.

“Because Oregon’s marriage laws discriminate on the basis of sexual orientation without a rational relationship to any legitimate government interest,” McShane wrote in his decision, “the laws violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”

Deanna Geiger and Janine Nelson, two of the plaintiffs in the case, were the first couple to marry in Multnomah County following the ruling.

Oregon becomes the seventh state where a federal judge has struck down a gay marriage ban since the U.S. Supreme Court last year invalidated key sections of the federal Defense of Marriage Act.

Unlike in the other states — Idaho, Utah, Michigan, Virginia, Oklahoma and Texas — there was no one with the immediate standing to appeal the decision.

[SNIP]

The judge said gay and lesbian families and their children were harmed by Oregon’s ban on same-sex marriage in “a myriad of ways,” including adoption rights, tax laws and spousal benefits granted by employers.

McShane said that preserving the traditional definition of marriage was not a strong enough argument for Oregon’s law to stand. If that were the case, he wrote, tradition could be used as a “rubber stamp condoning discrimination against longstanding, traditionally oppressed minority classes everywhere.

Posted in juvenile justice, LASD, LGBT, parole policy, School to Prison Pipeline | No Comments »

Suspending & Expelling Preschoolers, SF District Attorney Says to End Capital Punishment, AG Eric Holder Says Juvenile Facilities Overuse Solitary Confinement

May 15th, 2014 by Taylor Walker

SUSPENDING AND EXPELLING THREE AND FOUR-YEAR-OLDS…IN CALIFORNIA AND NATIONWIDE

Back in March, the Civil Rights division of the US Dept. of Education released a report on school discipline that revealed nearly 5,000 preschoolers were suspended in the 2011-2012 school year.

Many California school districts say they do not suspend or expel preschool-aged children, LAUSD included, but Yale professor Walter Gilliam discovered California schools are, indeed, suspending and expelling three and four-year-olds. In 2005, Gilliam conducted a national study that found California schools were expelling preschoolers at a rate of 7.5 per 1000 kids, a number higher than the national average.

KPCC’s Deepa Fernandes has the story. Here’s a clip:

In March, the U.S. Department of Education released statistics showing that 5,000 preschoolers nationwide were suspended at least once during the 2011-12 school year. Half of them were suspended more than once.

That’s not even the complete picture; those numbers only include children at public schools, not private preschools or home-run childcare centers…

And one national expert doubts the federal numbers are accurate, even for public-school-based programs.

Some of the largest school districts in California – Los Angeles, Santa Ana, Oakland, San Francisco – showed zero preschool expulsions in the 2011-2012 federal data, the first year the federal government required school districts to report it. The state doesn’t require school districts to break out expulsion reports by grade.

L.A. Unified school district has an unwritten policy against suspending or expelling preschoolers, said Maureen Diekman who runs the district’s early education programs.

“When there’s a child with challenging behavior, we work with the family and work to find out how best to meet that child’s individual needs,“ she said.

California Head Start officials also said they enlist the help of parents and guardians to curb behavior issues, rather than expel children.

Yale professor Walter Gilliam doesn’t believe that California’s preschools are not suspending or expelling kids. When he set out to conduct the first major national study on preschool expulsion in 2005, he said officials told him they had policies against it, too.

But when his research team surveyed teachers directly, they found that – whatever schools’ policies may be — teachers were indeed asking problem preschoolers to leave. Often.

“Pre-kindergarten children were being expelled at [a] rate well over three times that of K through 12 combined,” he said.

In California, the expulsion rate was 7.5 children per thousand preschoolers, well above the national average of 6.7 per thousand. That made it the 16th highest state in the nation for preschool expulsion rates.

And, just like in upper grades, both Gilliam’s study and the new federal data show suspension rates are higher for African-American children than students of other races – even in preschool.

For 2011-2012, the federal data shows half of the preschool children suspended were black, even though black children made up only 18 percent of all preschoolers.

Read the rest.


SF DISTRICT ATTORNEY (AND FORMER ASSISTANT CHIEF OF LAPD) SAYS TO ABOLISH THE DEATH PENALTY

In an op-ed for the San Jose Mercury, San Francisco DA George Gascon says that the death penalty should be replaced with life in prison without the possibility of parole. Gascon says the death penalty is both costly, and an ineffective crime deterrent.

And the most urgent reason to end capital punishment, he says, is the alarming percentage of death row inmates found innocent. (A recently published study by the National Academy of Sciences found that one in 25 people handed a death sentence between 1973-2004 were wrongly convicted.)

The stand is particularly significant because of Gascon’s background in law enforcement—he has served as the Assistant Chief of the LAPD, Chief of Police for Mesa, Arizona, and Chief of the SFPD.

Here is a clip from DA Gascon’s op-ed:

Arriving at my current views involved a process that was highly analytical and deeply emotional. Like many people, I have gone through an evolution in my thinking that has led me to believe the death penalty is irreparably flawed and marred by a history of incorrect information.

My journey began with the realization that in my 30 years in law enforcement, the death penalty has had no impact on public safety. Strengthening families and neighborhoods, holding criminals swiftly accountable and ensuring every child receives a quality education are more effective in deterring violent crime than remote threats of execution.

This is especially true in California, where the 745 people now on death row likely will die of old age rather than execution. The truth is that a sentence of life in prison without the possibility of parole is the most severe punishment and the most effective solution to deal with the most dangerous murderers.

The costly reality of our death penalty system also played a critical role in my evolution. Study after study in California, including the nonpartisan Legislative Analyst’s Office, has concluded that replacing the death penalty with life in prison without the possibility of parole will save California $130 million every year. That is $130 million of precious taxpayer money that should be spent to prevent crime, to solve crime and to educate our kids.

But the most important stop on my journey was innocence. Even under the most scrupulous practices, the legal system occasionally makes mistakes. Just since 1973, more than 140 people on death rows around the country have been exonerated, thankfully before they were executed. To me, this number was evidence enough that the death penalty invites deadly mistakes.

Last week’s report escalates a disturbing situation into one that deserves public outcry. The researchers calculated that 4.1 percent of the 7,482 accused sentenced to death in the United States from 1973 to 1984 were wrongly convicted. This, according to the researchers, is a “conservative estimate.” That means there may be 30 innocent people on California’s death row right now.


US ATTORNEY GENERAL CONDEMNS OVER-USE OF SOLITARY CONFINEMENT IN JUVENILE FACILITIES

On Wednesday, US Attorney General Eric Holder spoke out against excessive solitary confinement of kids—especially those with disabilities—in detention centers.

Holder said, moving forward, the DOJ would work with states to rein in the use of isolation in juvenile facilities. (It should be noted that LA County Probation still uses isolation in their juvenile probation camps.)

Here is a clip of the transcript from the Dept. of Justice website:

“In a study released last year by the Office of Juvenile Justice and Delinquency Prevention, 47 percent of juvenile detention centers reported locking youth in some type of isolation for more than four hours at a time. We have received reports of young people who have been held in solitary confinement for up to 23 hours a day, often with no human interaction at all. In some cases, children were held in small rooms with windows that were barely the width of their own hands.

“This is, to say the least, excessive. And these episodes are all too common.

“This practice is particularly detrimental to young people with disabilities – who are at increased risk under these circumstances of negative effects including self-harm and even suicide. In fact, one national study found that half of the victims of suicides in juvenile facilities were in isolation at the time they took their own lives, and 62 percent of victims had a history of solitary confinement.

“Let me be clear, there may be times when it becomes necessary to remove a detained juvenile from others in order to protect staff, other inmates, or the juvenile himself from harm. However, this action should be taken only in a limited way where there is a valid reason to do so, and for a limited amount of time; isolated juveniles must be closely monitored, and every attempt must be made to continue educational and mental health programming while the youth is in isolation.

“At a minimum, we must work to curb the overreliance on seclusion of youth with disabilities. And at the Department of Justice, we are committed to working with states to do this going forward.

Posted in Death Penalty, School to Prison Pipeline, solitary, Zero Tolerance and School Discipline | 1 Comment »

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

April 7th, 2014 by Taylor Walker

RIVERSIDE COUNTY’S PENCHANT FOR UNDERCOVER HIGH SCHOOL DRUG STINGS

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

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

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

Here’s a clip:

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

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

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

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

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

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

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

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

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


APPEALS COURT AFFIRMS THAT INMATE CAN SUE SHERIFF LEE BACA PERSONALLY

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Here’s a clip:

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

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

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

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

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


AN UPDATE ON THE ALADS BATTLE

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

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

The LA Times’ Cindy Chang has the story.

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

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