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SF 1st CA City to Fund Lawyers 4 Undocumented Kids…..Sunday Panel to Discuss Police Shootings & Peace in the Hood…. DARE Doesn’t Like Newest LA School Police Reform…& More.

August 28th, 2014 by Celeste Fremon



SAN FRANCISCO IS FIRST CA CITY TO PROVIDE LAWYERS FOR UNDOCUMENTED CHILDREN & FAMILIES

On Wednesday, San Francisco officials announced a new program that will help fund legal assistance for undocumented children, families, and others facing deportation.

Of the approximately 4000 kids awaiting immigration proceedings in San Francisco, around 2,200 don’t have lawyers—a fact that has been shown to dramatically affect how their cases will play out.

According to a University of Syracuse study, between 2005 and 2014, 50 percent of the children who had an attorney present at their hearings were allowed by a judge to stay in the U.S. When a kid went to immigration court without an attorney during that same period, however, one in ten kids was permitted to stay. The other nine were deported.

The San Francisco Chronicle’s Marisa Lagos has been covering the issue. Here are some clips from her story announcing the new program:

The program, created by Supervisor David Chiu, makes San Francisco the first California city to offer such legal help. It is an expansion of an existing Right to Civil Counsel program created in 2012 that has so far focused on tenants facing evictions.

The city will give $100,000 this year to the nonprofit Lawyers’ Committee for Civil Rights, which will use the funds to provide pro bono legal representation to San Francisco residents facing deportation, including children and families.

[BIG SNIP]

San Francisco Immigration Judge Dana Leigh Marks, speaking as head of the National Association of Immigration Judges, called the city’s program “fabulous.”

Courts, she said, are overwhelmed – there are about 375,000 immigration cases pending in the country and only 227 immigration judges. She is presiding over more than 2,400 cases.

“There’s an extreme value in having lawyers represent people in terms of the outcomes in their own cases and in terms of the effectiveness of the immigration courts,” she said. “It helps us move through the process. It helps advise people of their rights, it reduces the number of errors when they are filing applications … and it reduces delays.”

Mexican immigrant Osvaldo Diaz, 36, said access to a pro bono attorney through the Lawyers’ Committee may have saved his life. Diaz, who is gay, fled to San Jose from Mexico after facing threats because of his sexual orientation and a domestic violence situation. He was granted political asylum in 2012 and this year was awarded legal residency. He recently moved to Miami and is looking for a job.

“I didn’t even know political asylum exists,” he said, adding that even with a lawyer, the court process was frightening.

Although SF is the first CA city to launch such a program, recently Gov. Jerry Brown announced that the state will cough up $3 million for immigration lawyers. New York also has a similar program.



“PEACE IN THE HOOD” AUTHOR, AQUIL BASHEER, HOSTS PANEL THIS SUNDAY TO DISCUSS VIOLENCE PREVENTION, PUBLIC SAFETY, & COMMUNITY UPSET OVER RECENT OFFICER INVOLVED SHOOTINGS

“Communities are desperately seeking answers,” said Aquil Basheer, executive director of A Better LA and a nationally known pioneer in the field of violence intervention, in relation to the recent intense controversies over officer-involved shootings, and neighborhood violence in general.

Due to the fact that Basheer’s well-regarded and fascinating new book Peace In the Hood: Working with Gang Members to End the Violence, co-authored with veteran journalist Christina Hoag, has coincided with these most recent public storms, he has organized a panel scheduled for Sunday, featuring law enforcement and others for what promises to be a dynamic discussion.

This is the second in a series of “solution-seeking” community discussions led by Basheer, with the idea of empowering residents in Southern California’s most crime-plagued areas to reduce the levels of “violence, aggression and interpersonal hostilities” that do harm to their neighborhoods.

In addition to Basheer, the panel will include LAPD Lead Gang Unit Officer Sgt. Curtis Woodle, and LAPD Gang Liaison Officer, Sgt. Stinson Brown, forensic psychologist and consultant to the LAPD and Department of Homeland Security, Dr. Debra Warner, USC Professor of Social Work and gang expert, Robert Hernandez, LA County Fire Department Captain Brent Burton, ‘Peace In the Hood’ co-author Hoag.

The panel will be held on Sunday, August 31, from 2 PM to 5 PM at the
African American Firefighter Museum, 1401 S. Central Avenue, Los Angeles


SOUTH LA’S FRAGILE GOODWILL IS TESTED

LAPD Assistant Chief Earl Paysinger, second in command to Chief Charlie Beck, was once the popular Deputy Chief who ran the department’s South Bureau where he notably and painstakingly worked to repair the badly damaged relations between the Los Angeles Police Department and the South LA communities it polices.

But how the fragile reservoir of goodwill really is was evident in the tone of the meetings over the shooting death of Ezell Ford, that Paysinger attended.

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

As Angeles police Assistant Chief Earl Paysinger sat with increasing unease at a church in South Los Angeles as residents rose one at a time to berate his department.

The meeting had been called to reassure locals about the way the LAPD and other agencies were investigating the recent fatal shooting of a mentally ill man in the neighborhood. But the event quickly boiled over into a critique of the LAPD, with residents accusing the department of racial profiling, excessive force and dishonesty.

Paysinger, the LAPD’s highest-ranking black officer and a 40-year department veteran, was disturbed by the level of anger. So the morning after last week’s community meeting, he drove to the LAPD’s Newton Division, where the fatal shooting occurred, and demanded an action plan.

“Where do we go from here?” Paysinger told the station captain. “I’m not interested in, ‘I don’t know, we’ve done everything

Whether police officers acted properly when they fatally shot Ezell Ford Jr. earlier this month remains under investigation. But the case has exposed lingering tensions as well as what some consider an erosion of the credibility and goodwill the LAPD has worked so hard for so long to build in South L.A.

“You think you’re in a good place,” Paysinger said. “But then you find yourself at that meeting.… It was patently clear to me that we need to get busy.”

Building trust in the African American community has been a top priority of the LAPD since the L.A. riots 22 years ago, which were sparked in part by the acquittal of four police officers caught on tape beating black motorist Rodney King. Even the LAPD’s harshest critics admit the department has made significant strides.

Those efforts also have been helped in no small part by a dramatic drop in crime across South L.A.

But John Mack, the former longtime L.A. police commissioner and the retired president of the L.A. Urban League, said he worried that the reaction to Ford’s death showed a backslide in the relationship.


DARE NOT THRILLED WITH MARIJUANA DECRIMINALIZATION IN LA SCHOOLS

Last week, the chief of Los Angeles School Police announced that the LASP was decriminalizing a list of less serious student behaviors that previously lead to citations or arrest. Now students would be referred to school officials for these infractions, not law enforcement.

The newly classified behaviors include most ordinary fights between students, trespassing on school property, tobacco possession, alcohol possession, and possession of small amounts of marijuana.

When LA Weekly reporter Amanda Lewis spoke to California DARE Coordinator Steve Abercrombie, she found that he was not in favor of this new policy at all.

Here’s a clip from Lewis’ story:

California DARE Coordinator Steve Abercrombie was not pleased to learn the news that the Los Angeles Unified School District had decriminalized small amounts of marijuana at its schools.

“Wow,” [Abercrombie told the Weekly]. “It seems we keep giving in more and more to different crimes and criminal activity. When does it stop? When do you finally say that you need to follow the rules?”

The district announced more lenient policies in which school police will no longer report students — or issue them tickets — if they’re involved in petty theft, most fights, or possession of alcohol, tobacco or marijuana.

The rule changes resulted from two years of talks between lawyers, judges, school police and civil rights groups who aimed to end LAUSD’s zero-tolerance policies.

One goal is to reduce the influence of campus police, softening the rules so that kids who typically get into trouble don’t drop out.

At issue, in part, is that black students make up about one-third of school police arrests, yet they make up less than 10 percent of the student population.

This, of course, is not exactly in line with the philosophy of the long-running Drug Abuse Resistance Education program.

Abercrombie says it makes more sense to train school police to stop targeting black students than it does to decriminalize weed in schools….


Posted in criminal justice, FBI, Gangs, Human rights, immigration, LAFD, LAPD, law enforcement, race, race and class, racial justice, Trauma, Violence Prevention | 2 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 »

More on Unarmed Man Shot by LAPD….Family of Compton Man Beaten by LASD Protests….Study: Effects of Cops With Personal Cameras…..Smart Trauma-Informed Re-entry Program for Women

August 14th, 2014 by Celeste Fremon


TWO DISTURBING FATAL SHOOTINGS

It has been a bad week for the shooting of unarmed young black men.

First there is the case of Michael Brown in Missouri.

While eyewitnesses are notoriously unreliable, the friend of 18-year-old Brown’s, who was with him this past Saturday when he was fatally shot, has told MSNBC a disturbing account of what he observed prior to the seeing the Ferguson, MO, police officer fire first one, then another, then multiple shots into his unarmed fleeing friend.

Now there is the shooting by an LAPD officer of unarmed Ezell Ford on Monday in South Los Angeles. Ford, a reportedly mentally challenged 26-year-old tackled an officer and grabbed for his gun, after being stopped for an “investigative stop” according to the LAPD. That may very well be the way it happened. But, as with the Brown case, eyewitnesses have started to challenge the police account.

In the case of Ford, an eyewitness told Huffington Post staff reporter, Matt Ferner,

Here’s a clip:

An eyewitness to the killing of Ezell Ford told The Huffington Post on Wednesday that he heard an officer with the Los Angeles Police Department shout “shoot him” before three bullets were unloaded into the unarmed, 25-year-old black man, who was on the ground.

“It is unknown if the suspect has any gang affiliations,” the LAPD said in a statement after the killing.

But people in Ford’s neighborhood said the young man was not remotely involved in gang activity. Leroy Hill said he was an eyewitness to the shooting Monday night, and confirmed that he heard three shots.

“He wasn’t a gang banger at all,” Hill said. “I was sitting across the street when it happened. So as he was walking down the street, the police approached him, whatever was said I couldn’t hear it, but the cops jumped out of the car and rushed him over here into this corner. They had him in the corner and were beating him, busted him up, for what reason I don’t know he didn’t do nothing. The next thing I know I hear a ‘pow!’ while he’s on the ground. They got the knee on him. And then I hear another ‘pow!’ No hesitation. And then I hear another ‘pow!’ Three times.”

At one point while the police had Ford on the ground, but before the shooting took place, Hill said, he heard an officer yell, “Shoot him.

The LA Times reports that another witness also has offered an account of Ford’s shooting that differs from that of the LAPD.

According to Mother Jones Magazine, Ford’s death brings the total of unarmed black men who died at the hands of police under disputed circumstances in the last month to four.


AND ON WEDNESDAY A PRESS CONFERENCE REGARDING ANOTHER CONTROVERSIAL CONFRONTATION BETWEEN THE POLICE AND A YOUNG BLACK MAN, THIS ONE NON-FATAL

On Wednesday, the family members and attorneys for a skinny 29-year-old schizophrenic man, Barry Montgomery, along with representatives from the Compton NAACP held a press conference in front of the Compton Police Station, to protest the non-fatal beating of Montgomery by sheriff’s deputies last month on July 14, resulting in multiple broken bones and possible permanent injuries.

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

Barry Montgomery is a skinny, “docile,” 29-year-old man who’s been diagnosed with schizophrenia, according to his attorneys. He was shooting baskets at Enterprise Park on the evening of July 14–something he does every evening.

Sheriff’s deputies approached Montgomery, according to the sheriff’s department’s account, because they smelled marijuana. According to the official report, Montgomery “became verbally confrontational and subsequently attempted to punch one of the deputies. The deputies then struggled with the suspect and took him into custody.”

He was taken to a hospital after for unspecified injuries.

The family’s attorney, Martin Kaufman said at least 20 deputies were involved.

The sheriff’s department said three deputies were involved–and all have been reassigned to office/administrative duties while an internal affairs investigation examines the incident. Max Huntsman, the newly appointed Inspector General is aware of the allegations and could potentially review the investigation, when his authority takes effect next month.

Montgomery’s family members and attorneys said he came out of the incident with cracked ribs, fractures in his eye sockets, and rips in the skin of his back–allegedly from Tasers


NEW REPORT SAYS THAT, YES, POLICE OFFICERS WEARING PERSONAL CAMERAS DOES HELP BOTH THE PUBLIC AND THE OFFICERS WHO WEAR THE CAMERAS BUT THAT MORE RESEARCH IS NEEDED TO ISOLATE EXACTLY WHY THEY HELP.


A new report by Michael D. White, PhD for the Office of Justice Programs of the U.S Department of Justice
shows that, while there’s not nearly enough research on the effects of body worn cameras on law enforcement officers, the results that we have from five studies (conducted in Rialto CA, Phoenix, AZ, Mesa, AZ, and two sites in Britain) show that the advent of body cameras produced fewer reports of use of force, fewer citizen complaints, and fewer attacks by citizens on officers. That’s the very good news.

The bad news, if you can call it that, is the fact that it’s not clear what’s causing those lowered numbers. In other words, we’re not sure why the officers and citizens seem to behave better in the presence of cameras. (Well, duh! Perhaps people are more afraid of being caught if they behave badly or report falsely!)

In any case, while we wait for more sophisticated sudies with further controls, if the stats show that that results are better, that’s an excellent step forward and we’re cheered.

By the way, the studies also show that officers have less paperwork to complete when they wear cameras, also a good thing.

You’ll find more details here with the study itself.

NOTE: The LAPD tested body cams earlier this year and they are reportedly still under discussion.


SOLANO WOMEN GRADUATE FROM PRISON INTO A NEW LIFE WITH THE AID OF “TRAUMA INFORMED” RE-ENTRY PROGRAM

Solano County just graduated a group of women from its Women’s Reentry Achievement Program-–or WRAP

The program came about in 2010 as a result of the grant from the DOJ through the Second Chance Act, which was signed into law in 2008 in response to the need to reduce recidivism and promote safe and healthy families and communities.

In Solano, WRAP was done as a smart partnership between county agencies, state agencies and advocates, which included Solano County Health & Social Services, the County Sheriff’s Office, Probation, plus other partners like the state’s Adult Parole Operations.

Melissa Murphy writing for the Vacaville Reporter has more on the program and its most recent group of graduates.

Here’s a clip:

“I am accepting the new me.”

“The new me is not scared or afraid of taking on new challenges,” said Ashland Timberlake, 25, after graduating form Solano County’s Women’s Re-entry Achievement Program.

It was an emotional day for Timberlake as she accepted her certificate and wish from case managers Pat Nicodemus and Patty Ayala. While she has accomplished a lot, she was also reminded that her mother, who passed away, was not there to see her accomplishment.

“I thank God and I appreciate the program that helped me change my life,” she said while she accepted her certificate.

Still, she’s moving forward and changing her life and stopping the cycle she’s been on since she was 18 years old going in and out of jail.

“It’s been about finding yourself, bettering yourself and healing,” she said and added that the next goal is to get her high school diploma.

WRAP is designed to help women while they are in jail and after they are released to deal with the trauma in their lives, avoid the obstacles that can lead to re-offending and help them make a successful transition back into society.

WRAP is a unique model that uses gender-based risk assessments and trauma-informed case management. It works as a partnership between Health and Social Services, the Sheriff’s Office, Probation Department, District Attorney’s Office of Family Violence Prevention, Public Defender, the Re-entry Council and community partners, including Mission Solano, to assist the women who have a moderate to high risk of returning to the system. The county received a grant to fund the program through 2015.

Shonna Tibbetts, 29, was on the verge of losing her daughter after being involved in an armed robbery. After surviving domestic violence, Tibbetts explained that her life spun out of control.

“I couldn’t handle it,” she said. “I started to use (drugs) and with that lifestyle comes other things.”

She said Nicodemus and Ayala advocated for her to be a part of WRAP, which changed her life. Thursday she was proud to be wearing a pink shirt and jeans instead of a jail jumpsuit with stripes.

Read the rest about the model program here.

Amy Maginnis-Honey also has a good story on the WRAP graduation for the Daily Republic.

Posted in Civil Liberties, Civil Rights, LAPD, law enforcement, Reentry, Rehabilitation, Trauma | 13 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 »

Juvenile Lifers and What They Face in the System….”My Brother’s Keeper” Leaves out the Girls….CA Bill Would Bring “Religious Freedom” into Child Welfare…and More

July 31st, 2014 by Taylor Walker

THE REALITIES OF SENTENCING KIDS TO DIE IN PRISON

Data and discussions about the causal effects of childhood traumatic stress in minors who commit crimes is replacing the “superpredator” fear-mongering of the 90′s. Still, more than 2000 people in the United States have been sentenced to life in prison for crimes they committed as minors—300 of them in California. And when kids sentenced as adults reach lockup, they are treated worse than adults. often placed in solitary confinement, or worse, in the name of keeping them safe—despite opposition from the UN and research showing how prolonged isolation exacerbates existing trauma and can lead to mental illness.

Joshua Rofé has more on the issue for LA Weekly. Here’s a clip:

The extreme violence of the early 1990s in places such as Compton, South Los Angeles and the Eastside helped spawn public fear of the juvenile super-predator and the thrill killer.

But, as psychologist and juvenile justice consultant Marty Beyer showed in her study of juvenile intent, most of these youths were marred by severe trauma long before they pulled the trigger or plunged the knife.

Such experts say that juvenile lifers experience a culminating day in which the effects of trauma, violence and youth boil over into the communities or households that wittingly or unwittingly turned a blind eye.

In Jasmine’s case, the streets raised her, not her parents.

“My dad wasn’t really never in the picture,” she recalls. “I was yearning for my mom and I didn’t understand why she wasn’t there. She worked double shifts, like, 16 hours a day. This is not an excuse, this is just the way it was for me coming up.”

At 14, she’d acquitted herself well during gang initiation. “I had to fight all the girls in my neighborhood. All at the same time. I come from three brothers, so I really knew how to fight. So it wasn’t that easy to get me down.”

Two years later, she shot a girl she didn’t know. Her court-appointed public defender assured her that she’d be tried as a juvenile and then placed in a California Youth Authority facility for seven years.

Instead, Jasmine was sent into the much tougher adult court system.

“I really did not even understand what was going on,” she says. “The lawyer just kept telling me, ‘Say yes. Say yes.’ Next thing I know, I’m pleading guilty and there’s no trial. They give me a life sentence.”

In the United States, more than 2,000 children have been sentenced to life in prison for crimes committed when they were 17 or younger.

Two years ago, Gov. Jerry Brown signed a law giving California’s 300 lifer children a chance at parole after 15 years — if they did not kill a cop or torture their victim. Now, often having reached middle age in prison, like Jasmine, some have been freed.

Beyond this, child advocates say it’s past the time to offer serious help to children who kill.

Katharine C. Staley, associate director of the Justice Center for Research at Penn State University, says children develop traumatic stress, a cousin to post-traumatic stress disorder (PTSD), “when either the stressor is huge and just completely unexpected, and overwhelms any ability to cope with it, like a school shooting, for example; or, as is much more often the case, when the stressor is significant, unpredictable — frequently repeated.”

Some children kill an adult tormentor who raped or tortured them — often a parent, relative or family friend. Others are set off by “being exposed to ongoing violence between parents or gang members.”

Jasmine’s initial week in an adult prison set the stage for her horrifying life there. Juveniles often are placed in solitary confinement, also known as “segregated housing” — for their own safety, according to prison officials.

But at age 17, when Jasmine was processed and admitted, all the solitary confinement cells at California Institute for Women in San Bernardino County were occupied. A quick decision was reached: This girl would be housed on Death Row.

You can watch Joshua Rofé’s documentary “Lost for Life,” (trailer above) on iTunes.


GIRLS AND YOUNG WOMEN OF COLOR EXCLUDED BY OBAMA’S “MY BROTHER’S KEEPER” INITIATIVE

President Barack Obama launched a $200 million initiative to help boys and young men of color break free of the school-to-prison-pipeline and build successful lives.

Kimberlé Williams Crenshaw, law professor at Columbia University and UCLA, and executive director of the African American Policy Forum, points out that My Brother’s Keeper overlooks girls and young women of color, who face similar disparities and hardships and need just as much support.

Black girls are suspended more than any other girls. They are also more likely than other girls to be sex-trafficked or die violently.

In her op-ed for the New York Times, Crenshaw calls the initiative an “abandonment of women of color” by Obama. Here’s a clip:

Gender exclusivity isn’t new, but it hasn’t been so starkly articulated as public policy in generations. It arises from the common belief that black men are exceptionally endangered by racism, occupying the bottom of every metric: especially school performance, work force participation and involvement with the criminal justice system. Black women are better off, the argument goes, and are thus less in need of targeted efforts to improve their lives. The White House is not the author of this myth, but is now its most influential promoter.

The evidence supporting these claims is often illogical, selective or just plain wrong. In February, when Mr. Obama announced the initiative — which is principally financed by philanthropic foundations, and did not require federal appropriations — he noted that boys who grew up without a father were more likely to be poor. More likely than whom? Certainly not their sisters, who are growing up in the same households, attending the same underfunded schools and living in the same neighborhoods.

The question “compared with whom?” often focuses on racial disparities among boys and men while overlooking similar disparities among girls and women. Yet, like their male counterparts, black and Hispanic girls are at or near the bottom level of reading and math scores. Black girls have the highest levels of school suspension of any girls. They also face gender-specific risks: They are more likely than other girls to be victims of domestic violence and sex trafficking, more likely to be involved in the child welfare and juvenile justice systems, and more likely to die violently. The disparities among girls of different races are sometimes even greater than among boys.

Proponents of My Brother’s Keeper — and similar programs, like the Young Men’s Initiative, begun by Michael R. Bloomberg in 2011 when he was mayor of New York — point incessantly to mass incarceration to explain their focus on men. Is their point that females of color must pull even with males in a race to the bottom before they deserve interventions on their behalf?

Women of color earn less than both white men and their male counterparts from the same ethnic or racial groups, across the spectrum. Even more disturbing: the median wealth of single black and Hispanic women is $100 and $120, respectively — compared with almost $7,900 for black men, $9,730 for Hispanic men and $41,500 for white women.

Read on.


BILL WOULD ALLOW CALIFORNIA’S RELIGIOUS CHILD WELFARE PROVIDERS TO DISCRIMINATE AGAINST GAYS, UNMARRIED COUPLES

A California bill introduced Wednesday would protect religious child welfare providers from losing government funding and contracts for discriminating against gays or unmarried heterosexual couples or anyone else who conflicts “with the provider’s sincerely held religious beliefs or moral convictions.” The Child Welfare Provider Inclusion Act of 2014 is co-sponsored by Sen. Mike Enzi (R-Wyo.) and Rep. Mike Kelly (R-Pa.).

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

Many private providers of adoption and foster care services are faith-based organizations, which contract with the state to recruit adoptive/foster parents. Some religious providers only recruit married men and women to be foster parents, refusing to serve same sex or unmarried couples because of their religious beliefs.

A handful of states have enacted civil union and same-sex marriage policies that strip the funding and contracts from faith-based organizations that refuse to incorporate those practices in their adoption and foster care services.

“Limiting their work because someone might disagree with what they believe only ends up hurting the families they could be bringing together,” said Enzi in a press release. “This legislation will help make sure faith-based providers and individuals can continue to work alongside other agencies and organizations, and that adoptive and foster parents have access to providers of their choice.”


VIRGINIA’S BAN ON GAY MARRIAGE RULED UNCONSTITUTIONAL

On Monday, the U.S. 4th Circuit Court of Appeals ruled Virginia’s gay marriage ban unconstitutional. The ruling is a far-reaching one, as the Appeals Court has jurisdiction over North Carolina, South Carolina, West Virginia and Maryland, as well.

Slate’s Mark Joseph Stern has more on the ruling.

Posted in LGBT, LWOP Kids, racial justice, Sentencing, solitary, Trauma, women's issues | 7 Comments »

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

July 11th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[SNIP]

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


COMBATTING CHILDHOOD TRAUMA IN A DISADVANTAGED NEIGHBORHOOD

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

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

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

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

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

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

[SNIP]

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

[SNIP]

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


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

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

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

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

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

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

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

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

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

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

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

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

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

Childhood Trauma Often Mistaken for ADHD….The Feds Officially to Retry Sexton…..The Question of Charlie Beck’s 2nd Term…NY Wants to Raise Age of Criminal Responsibility

July 8th, 2014 by Celeste Fremon


HOW CHILDHOOD TRAUMA IS OFTEN MISTAKEN FOR ADHD

One in nine U.S. Children are diagnosed with ADHD—attention deficit/hyperactivity disorder. There have been many theories as to the reason for this consistent rise in the prevalence of the disorder. Now researchers are beginning to wonder if perhaps inattentive, hyperactive, and impulsive behavior is often not ADHD at all, but a mirror of the effects of trauma and stress—a form of PTSD—that is misdiagnosed when pediatricians, psychiatrists, and psychologists are simply going for the familiar label rather than seeing the true underlying cause.

Rebecca Ruiz delves into the issue in a story that has been co-published by The Atlantic and Aces Too High. It’s a must read.

Here’s a clip:

Dr. Nicole Brown’s quest to understand her misbehaving pediatric patients began with a hunch.

Brown was completing her residency at Johns Hopkins Hospital in Baltimore, when she realized that many of her low-income patients had been diagnosed with attention deficit/hyperactivity disorder (ADHD).

These children lived in households and neighborhoods where violence and relentless stress prevailed. Their parents found them hard to manage and teachers described them as disruptive or inattentive. Brown knew these behaviors as classic symptoms of ADHD, a brain disorder characterized by impulsivity, hyperactivity, and an inability to focus.

When Brown looked closely, though, she saw something else: trauma. Hyper-vigilance and dissociation, for example, could be mistaken for inattention. Impulsivity might be brought on by a stress response in overdrive.

“Despite our best efforts in referring them to behavioral therapy and starting them on stimulants, it was hard to get the symptoms under control,” she said of treating her patients according to guidelines for ADHD. “I began hypothesizing that perhaps a lot of what we were seeing was more externalizing behavior as a result of family dysfunction or other traumatic experience.”

[SNIP]

Dr. Kate Szymanski came to the same conclusion a few years ago. An associate professor at Adelphi University’s Derner Institute and an expert in trauma, Szymanski analyzed data from a children’s psychiatric hospital in New York. A majority of the 63 patients in her sample had been physically abused and lived in foster homes. On average, they reported three traumas in their short lives. Yet, only eight percent of the children had received a diagnosis of post-traumatic stress disorder while a third had ADHD.

“I was struck by the confusion or over-eagerness–or both–to take one diagnosis over another,” Szymanski says. “To get a picture of trauma from a child is much harder than looking at behavior like impulsivity, hyperactivity. And if they cluster in a certain way, then it’s easy to go to a conclusion that it’s ADHD.”


IT’S OFFICIAL NOW: THE FEDS WILL RETRY SEXTON

In a hearing held at 3 pm Monday in front of Judge Percy Anderson, Prosecutor Brandon Fox announced that, yes, the government had decided to go another round in trying Los Angeles Sheriff’s Deputy James Sexton for obstruction of justice for his part in allegedly hiding inmate and federal informant Anthony Brown from any and all federal officials.

The trial is set to begin on September 9, 2014.

Fox also notified the judge of his intent to file a motion limiting testimony on Sexton’s contacts and cooperation with the FBI, which the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.

The defense is likely to argue that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made incriminating statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded.

We will know what the judge rules later this summer.

Three more federal trials of LASD department members, all of them indicted for brutality and corruption in the LA County Jails, are scheduled for the coming year, according to the US Attorney’s Office.

In a case that will come to trial November 4, 2014, Deputies Joey Aguiar and Mariano Ramirez are accused of punching, kicking and pepper spraying an inmate who was handcuffed and shackled with a waist chain, then lying about their actions in a report that, in turn, caused the inmate to be falsely criminal charged.

In a case that will come to trial January 13, 2015, deputies Bryan Brunsting and Jason Branum are charged in a six-count indictment with civil rights violations, assault and making false statements in reports. The indictment also alleges (among other things) that Brunsting, a training officer, frequently used deputies whom he was training to file reports that covered up abuse. The victims were inmates at the Twin Towers Correctional Facility.

A third jail brutality trial is scheduled for March 3. This indictment charges a sergeant and four deputies with civil rights violations, alleging that Sergeant Eric Gonzalez, and deputies Sussie Ayala, Fernando Luviano, Pantamitr Zunggeemoge, and Noel Womack, arrested or detained five victims—-including the Austrian consul general—–when they arrived to visit inmates at the Men’s Central Jail in 2010 and 2011. In one of the four incidents, the victim suffered a broken arm and a dislocated shoulder that has left him permanently disabled. In another incident, the Austrian consul general and her husband were handcuffed and detained.

The six department members convicted last week will be sentenced on September 8, 2014.

Deputy Gilbert Michel, of the phone smuggling case, will be sentenced on September 15, 2014.


AFTER BUMPY PERIOD WITH CIVILIAN BOSSES, LAPD CHIEF CHARLIE BECK IS BACK ON SOLID GROUND

It was assumed that popular LA Chief of Police Charlie Beck would easily get a second term at the job. Then this spring, the LA Police Commissioners started to express concerns about a series of controversies. Between then and now, Beck has done much to mend and strengthen relationships, and thus he seems once again back on solid footing.

He wants a second term because he has a lot more to do, he says. Now it reportedly looks as though he’s going to get one—which is as it should be. (Firm constructive criticism is one thing, however, replacing Charlie Beck at this juncture would have been, in our opinion, unnecessary and destructive.)

The LA Times Joel Rubin has the details on this story of how things got off track, and now are back on. Here are some clips:

Charlie Beck received a blunt message from one of his civilian bosses as he prepared to request a second term as chief of the Los Angeles Police Department: He was no longer a shoo-in for the job.

Police Commissioner Paula Madison demanded a meeting with Beck in April and told him she was concerned about a recent string of controversies and his apparent lack of transparency with the five-member oversight panel he reports to.

“When I stepped into this role, I didn’t expect that we would be looking for a new police chief, but now we may need to consider it,” Madison recalled telling Beck.

Other commissioners shared her concerns. Some were displeased enough with Beck that they alerted Mayor Eric Garcetti, who appoints the commissioners and wields considerable influence on their decision. The mayor, in turn, summoned the chief.

[SNIP]

Before the recent tension with his bosses, Beck had cruised relatively unscathed through his first term in a period of relative calm for the scandal-prone LAPD. Beck established himself as a capable leader and oversaw continued declines in crime, according to department statistics.

He guided the department through budget cuts that included the near elimination of cash to pay officers for overtime. As many of the department’s roughly 10,000 officers accumulated hundreds of hours of unpaid overtime, Beck oversaw a plan that forced large numbers of them to take time off each month in lieu of being paid cash. The strategy strained resources as Beck and his commanders scrambled to make do with a depleted force.

Beck, when he thought it was necessary, did not shy from confrontations with his officers and the union that represents them.

[SNIP]

Decisions Beck made on discipline set off his recent clash with the commission. In February, he opted not to punish a group of officers involved in a flawed shooting, which drew a public challenge from Soboroff. A few weeks later, members of the oversight board, along with many officers, criticized the chief for not firing Shaun Hillmann, a well-connected cop who was caught making racist comments.

Those controversies were followed the next month by revelations that officers in South L.A. had been tampering with recording equipment in patrol cars to avoid being monitored. Commissioners demanded to know why Beck had left them in the dark about the matter and questioned whether the chief was committed to working with his civilian bosses….

Read on.


NEW YORK GOVERNOR DETERMINED TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY

Supporters of raising the age of criminal responsibility in New York have science and statistics on their side when it comes to the reasons to avoid trying most youth as adults, but will they manage to get legislation passed to actually raise the age?

Roxanna Asgarian from the Juvenile Justice Information Exchange explores the pros and cons of raising the age in New York.

Here’s a clip:

In April, Gov. Andrew Cuomo announced the members of the Commission on Youth, Public Safety and Justice, created in part to address raising the age of criminal responsibility. Today, New York and North Carolina are the only two states where young people 16 and older are automatically treated as adults.

“Our juvenile justice laws are outdated,” Cuomo said in his State of the State address this year. “It’s not right, it’s not fair — we must raise the age.”

The commission is tasked with serving up concrete recommendations about raising the age and juvenile justice reform by December. Alphonso David, the governor’s deputy secretary of civil rights, said the commission has to strike a balance.

“When we think about criminal justice reform we are addressing two platforms: reducing recidivism and ensuring public safety,” David said. “We are very focused on advancing both objectives, so recommendations would likely factor in both goals.”

Posted in Charlie Beck, FBI, juvenile justice, LA County Jail, LAPD, LASD, PTSD, Sheriff Lee Baca, Trauma, U.S. Attorney | 2 Comments »

Realignment and Untapped Solutions to Overcrowding at the Local and State Levels, Federal Sentencing Reforms Stalled, and More

June 24th, 2014 by Taylor Walker

CALIFORNIA REALIGNMENT THREE YEARS IN: STILL OVERCROWDED WITH MINIMAL SAVINGS

California prison realignment, AB 109, (which diverts lower-level offenders from state prison to county supervision) was supposed to alleviate severe prison overcrowding while saving the state money. Three years into the implementation of AB 109, however, California is spending $2 billion more per year locking people up, jails are overcrowded, and the state prison population is on the rise, once again.

Through realignment, counties were allotted money to spend on things like community-based alternatives to incarceration, but some counties (Los Angeles, for instance) have failed to use available methods like split-sentencing and other programs to lower recidivism.

The LA Times’ Paige St. John has more on the realignment issue. Here are some clips:

Nearly 15 months after launching what he called the “boldest move in criminal justice in decades,” Gov. Jerry Brown declared victory over a prison crisis that had appalled federal judges and stumped governors for two decades.

Diverting thousands of criminals from state prisons into county jails and probation departments not only had eased crowding, he said, but also reduced costs, increased safety and improved rehabilitation.

“The prison emergency is over in California,” Brown said in early 2013.

The numbers tell a different story.

Today, California is spending nearly $2 billion a year more on incarceration than when Brown introduced his strategy in 2011. The prisons are still overcrowded, and the state has been forced to release inmates early to satisfy federal judges overseeing the system.

Counties, given custody of more than 142,000 felons so far, complain that the state isn’t paying full freight for their supervision. Many jails are now overcrowded, and tens of thousands of criminals have been freed to make room for more.

“The charts are sobering,” Senate Public Safety Committee Chairwoman Loni Hancock (D-Berkeley) said at a hearing this year on crime, prison costs and inmate numbers.

Still, Brown insists his plan is working, although he has conceded that change can be slow. “It is not going to create miracles overnight,” he said as he returned to his office from a Capitol rally for crime victims earlier this spring.

The governor’s office has embraced the idea that much of the incarceration, probation and rehabilitation cycle should take place on the local level, instead of being left to the state.

Putting prisoners back in local hands “is encouraging and stimulating creative alternatives,” he said.

[SNIP]

The prison population fell sharply at first, dropping from 162,400 to 133,000, but it is rising again. There now are 135,400 inmates in state custody, a number expected to grow to 147,000 in 2019.

The state Finance Department originally projected that realignment would reduce prison spending by $1.4 billion this fiscal year and that about two-thirds of that savings would be passed on to counties to cover the costs of their new charges.

Instead, the state’s increased costs for private prison space and the compensation it pays out for county jails, prosecutors and probation departments adds up to about $2 billion a year more for corrections than when Brown regained office.

Without stemming the flow of prisoners into the system, the problems created by crowding continue. The Little Hoover Commission, an independent state agency that investigates government operations, said in a May report that realignment simply “changed the place where the sentence is served.”


OVERCROWDING AT THE COUNTY LEVEL, AND WHAT LOS ANGELES COULD BE DOING ABOUT IT

Los Angeles County is facing A $1.7 billion (or more) plan to tear down and replace the crumbling Men’s Central Jail. Currently, 4,000 more men are crammed into the facility than allowed by the government. There is no question that the aging and grossly overcrowded facility needs to be replaced, but there are ways to fix the population problem.

Before we get to that, LA Daily News’ Christina Villacorte has the story on the overpopulated jail. Here are some clips:

Sheriff’s Capt. Daniel Dyer, commanding officer of the downtown Men’s Central Jail, couldn’t help but grimace during a recent inspection of Dorm 9500.

More than 200 low-security inmates were crammed inside the room, every now and then tripping over each other’s bunks spaced a foot apart.

The space was not originally intended to serve as living quarters, so toilets were an afterthought, installed haphazardly in the middle of a row of bunks in the 1980s. They’re exposed to the room with no stall walls and only a few feet from the nearest bunk.

“That’s just wrong,” Dyer said, gesturing toward the inmates who have to eat and sleep next to the toilets.

[SNIP]

“We are at serious risk of litigation,” Assistant Sheriff Terri McDonald warned. “If the courts take over, we’ll end up spending a lot of money which could have gone toward rehabilitation and treatment.”

County Assistant Chief Executive Officer Ryan Alsop said Gov. Jerry Brown’s 2011 decision to ease overcrowding in state prisons by diverting inmates to county jails created a crisis.

“As a result of AB 109, Los Angeles County is now operating the population equivalent of two to three state prisons without the necessary infrastructure or adequate resources to do so,” he said. “Something must be done.”

Alsop called for additional funding support to ensure inmates’ “appropriate and effective supervision and rehabilitation.”

[SNIP]

The jail population peaked at about 23,000 in the late ’80s and early ’90s. Sheriff’s Lt. Sergio Murillo recalled, “We used to have inmates all over the place — they were on the roof, in the chapel, on the floors of the cells.”

The number dropped to about 15,000 three years ago, but AB 109 pushed it up to 19,000 currently. That’s 4,000 more than government regulations allow.

“That’s horrific, horrendous and unacceptable,” said Peter Eliasberg, legal director of the American Civil Liberties Union of Southern California, a court-appointed monitor of the jails.

“It raises very significant questions as to whether this is an unconstitutional level of overcrowding, especially when they have space they are not utilizing,” he added.

Dyer admitted the East Facility at Pitchess Detention Center in Castaic has room for 1,500 inmates but isn’t being used because of budget problems.

SoCal ACLU Director Peter Eliasberg told WLA that if LA County is worried about getting sued by the federal government, we might want to find a way to use those 1500 beds in Pitchess.

Eliasberg also shared three ways to further lower the jail population, including amping up the county’s currently minimal use of split-sentencing (dividing sentences into part jail time, part probation):

1. Have the Board of Supervisors authorize the Sheriff to do risk-based pretrial release, rather than having the county rely on the bail system, which is not risk-based and leaves lots of poor low risk individuals in jail awaiting disposition of their cases. If the Sheriff were to use a sound risk assessment tool to do non-bail pretrial release, it would likely lower the average daily jail population by about 1,000.

3. If the proposed state criminal justice trailer bill (AB 1468) passes, it will likely increase the amount of split sentencing in LA County significantly because it contains the presumption that an N3 [a non-violent, non-serious, and non-sex offender] will receive a split sentence “Unless the court finds, in the interest of justice, that it [a split sentence] is not appropriate in a particular case…”

Los Angeles has one of the lowest, if not the lowest rates of split sentencing in California at about 3%. By contrast, 87% of the N3s in Contra Costa receive split sentences; the figure is 67% in Riverside and 39% in Orange County. The best estimates are that if LA raised its rate of split sentencing to 30%, it would lower the average daily jail population by about 900 a night.

If the District Attorney achieves her goal of cutting the number of inmates with mental illness by about 1,000 through a diversion program, the Board of Supervisors gives the Sheriff pretrial release authority, and LA raises its level of split sentencing to 30%, the County would be looking at a reduction of the average daily jail population of about 2,900 below the projections that were used to justify the jail plan the BOS voted to move forward on in May.


BIPARTISAN SENTENCING REFORM BILLS DELAYED IN CONGRESS

Over the last few years, there has been a significant bipartisan push to reduce incarceration. Unfortunately, two promising and far-reaching criminal justice reform bills have stalled in Congress.

The first bill, the Smarter Sentencing Act, would, among other things, cut certain non-violent drug sentences in half. The second bill, the Recidivism Reduction and Public Safety Act, would allow low-risk offenders to earn credits toward release by completing rehabilitation and reentry programming.


An NY Times editorial explains why the bills have stalled,
and calls on Congress to “do its job” and fix the defective laws feeding our over-stuffed prison system. Here’s a clip:

Meanwhile, tens of thousands of federal inmates — many of whom have already served years of unjustly long drug sentences — continue to sit in overstuffed prisons, wasting both their lives and taxpayer dollars at no demonstrable benefit to public safety.

The slowdown is all the more frustrating because there is mounting evidence that criminal justice reform works. States from South Carolina to Ohio to Rhode Island have cut back on mandatory minimums, improved rehabilitation services and reduced their prison populations while seeing crime rates go down, or at least not go up.

So why the delay? One major factor has been resistance from members of the old guard, who refuse to let go of their tough-on-crime mind-set. In May, three senior Republican senators — Charles Grassley of Iowa, John Cornyn of Texas and Jeff Sessions of Alabama — came out against the sentencing reductions, arguing that mandatory minimums are only used for the highest-level drug traffickers. This assertion is contradicted by data from the United States Sentencing Commission, which found that 40 percent of federal drug defendants were couriers or low-level dealers.

Another factor was the Obama administration’s April announcement that it would consider clemency for hundreds, if not thousands, of inmates currently serving time under older, harsher drug laws. Republicans complained that this — along with other executive actions on criminal justice by Mr. Obama and Attorney General Eric Holder Jr. — took the wind out of reform’s sails.

But with the exception of some old-line prosecutors and resistant lawmakers, everyone still agrees on the need for extensive reform…


LA PROGRAM HELPS PARENTS COMBAT EFFECTS OF TRAUMA IN BABIES AND TODDLERS

A Children’s Hospital Los Angeles program is targeting trauma and toxic stress experienced by babies, in hopes of averting mental health problems as they get older. The program provides in-home therapy and coaching for parents of babies and toddlers exhibiting signs of toxic stress. (For more WLA posts about trauma and toxic stress in children, go here and here.)

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

Through its “early childhood mental health program,” the hospital sends therapists into the homes of hundreds of kids who are showing signs of anxiety, trauma and stress that can pile up causing what experts call “toxic stress.”

…counselors in this program teach parents how to diffuse stress in the home and to understand and meet their children’s emotional needs. About 400 families are served every year.

Among them are Shantoya Byrd and her toddler, Anmarie Paz.

When Anmarie was just weeks old, her aunt committed suicide in the home they shared.

“I was so, so, sad,” Byrd said. “And then you feel really bad because you’re like, now I have a baby, and the baby sees you so sad.”

Byrd was also living with her mother, who was struggling with drug addiction. When Anmarie was six months old, social workers found the home unfit and removed her. She was reunited with her mother a few days later, when Byrd moved out on her own.

“When I got her back, I couldn’t walk to the kitchen without her like following behind me screaming,” she said. “If she could not like touch me, she would scream, she would cry.”

Anmarie was suffering from severe anxiety. She cried and yelled nonstop. Byrd didn’t understand why or how to deal with it.

[SNIP]

Child welfare workers referred Byrd to the program, which sent psychotherapist Lorena Samora to her Los Angeles apartment.

During weekly visits, Samora was able to coach the young mother on techniques for helping her toddler to self-soothe and lessen anxiety.

Posted in LA County Jail, mental health, prison, Realignment, Rehabilitation, Sentencing, Trauma, War on Drugs | 3 Comments »

Sheriff Candidate Updates, Resolution to Minimize Kids’ Exposure to Trauma, CA Supreme Court Sez Names of Officers Involved in Shootings Are Public Record

May 30th, 2014 by Taylor Walker

GENE MADDAUS ON RELATIONSHIP BETWEEN BACA + HELLMOLD

When Lee Baca resigned as LA County Sheriff, he announced his support of either Assistant Sheriff James Hellmold or Assistant Sheriff Todd Rogers to take command of the department.

Since that announcement, however, Baca has shifted away from Rogers, who has made it clear in interviews and debates that he is not afraid to criticize the former sheriff and the condition he left the department in. Baca now supports outsider Long Beach Police Chief Jim McDonnell, if Hellmold doesn’t win.

LA Weekly’s Gene Maddaus takes a refreshingly balanced look at the Baca-Hellmold connection and its implications. Here’s a clip:

Though he is generally cast as an “insider” in the race, Rogers has been vocal in criticizing a culture of cronyism in the department. Among other things, Rogers has accused Baca of giving out concealed weapons permits to his wealthy friends.

At a recent candidates’ forum, Rogers said that when Baca promoted him to assistant sheriff in 2013, “there was a giant bowl of Kool-Aid in the office and people were drinking from that. I took that Kool-Aid and dumped it out.”

Baca now considers Rogers to be a “back-stabber,” according to the source. In fact, Rogers is no longer even Baca’s second choice to be sheriff. If Hellmold does not win, Baca prefers James McDonnell, the Long Beach police chief.

This is not news to Rogers. In an interview, Rogers says it was “common knowledge” among those involved in the race that Baca is supporting Hellmold behind the scenes. Rogers says his own supporters have called him to say that Baca encouraged them to back Hellmold.

Rogers also says he remains “flabbergasted” that Baca ever publicly supported him, in light of how critical Rogers had been of Baca’s management of the department.

Although Hellmold has said he will continue many of Baca’s programs and policies, and still regularly speaks with the former sheriff, he maintains that he is not receiving any help from Baca or his former supporters. (We at WLA would like to know a little more about Hellmold-donor Ryan Kavanaugh, a former big-time supporter of Baca’s Sheriff’s Youth Foundation.)

In a separate interview, Hellmold says that he still talks to Baca regularly, but that Baca has done nothing – even behind the scenes – to back his campaign.

Told of Rogers’ statements, Hellmold says “It’s all in his head.”

Hellmold has raised $439,000, more than double what Rogers has raised.

“Everyone was shocked that within a month we raised $100,000,” Hellmold says. “Not one penny came from any of Baca’s previous supporters.”

AND IN RELATED NEWS…

The LA Times’ Cindy Chang has a new profile of Long Beach Police Chief Jim McDonnell. Here’s a clip:

As the only serious contender without roots in the department, McDonnell has attracted high-profile endorsements and a substantial war chest from those who believe that change can best come from outside. A McDonnell victory would be historic: For a century, L.A. County voters have chosen a sheriff from inside the department.

McDonnell’s opponents in the Tuesday primary, who include two assistant sheriffs and a retired undersheriff, argue that only someone steeped in the department’s unique mix of jail management and street-level policing can turn the place around.

“He’s a very respected law enforcement professional…. To me it’s not about whether he has the knowledge or capability, but it’s the internal knowledge within the Los Angeles County Sheriff’s Department,” said Assistant Sheriff James Hellmold, a candidate with 25 years in the department.

McDonnell, 54, deflects those criticisms by promising to appoint top aides from within. He cites his service on the Citizens’ Commission on Jail Violence, which issued influential recommendations on how to fix the nation’s largest county jail system.

“I bring a fresh perspective from the outside. I’m not encumbered by internal alliances,” McDonnell said. “I didn’t grow up with people in the organization. I don’t owe anybody anything.”

[SNIP]

In Long Beach, McDonnell leads a force diminished by budget cuts to just over 800 sworn officers. He has been criticized for a rise in officer-involved shootings, as well as the 2013 beating of an unarmed man. Last month, Long Beach officers fatally shot a 36-year-old man who was allegedly armed only with a wooden stick as he fled down a set of stairs. The man’s family has filed a $10-million claim against the city.

…McDonnell said the department is always trying to improve.

“We’re looking for red flags: training issues, equipment issues, tactical issues,” McDonnell said. “Are there things we need to do with the individual officer, with the unit or department-wide training?”


NEW CALIFORNIA RESOLUTION TO ADDRESS KIDS’ EXPOSURE TO TRAUMA AND TOXIC STRESS

California Assemblymembers have introduced a promising new resolution urging the state to find evidence-based solutions to minimize kids’ exposure to adverse childhood experiences (ACEs) and toxic stress.

The resolution calls for preventative health care and mental health interventions to counteract trauma exposure and help kids have better outcomes and fewer encounters with the justice system. The resolution is co-authored by Assemblymembers Raul Bocanegra (D-Los Angeles), Rob Bonta, (D-Alameda), Bradford, Joan Buchanan (D-San Ramon), and Ian Calderon (D-City of Industry), and co-sponsored by the Center for Youth Wellness, Children Now and Californians for Safety and Justice.

Here are some clips from the announcement:

“Far too often, the impact of trauma in our children’s lives goes unnoticed and unaddressed,” said Asm. Bocanegra. “ACR 155 emphasizes our commitment to ensuring that all kids have a chance to thrive. It is more effective and less costly to positively influence the architecture of a child’s developing brain than to attempt to correct poor learning, health and behavior later on.”

Adverse childhood experiences (ACEs) are traumatic experiences, such as abuse, neglect and household dysfunction, which can result in toxic stress and have a profound effect on a child’s developing brain and body. Research shows that exposure to childhood trauma is surprisingly common; a study of over 17,000 Californians found that two-thirds reported at least one adverse childhood experience, while 20 percent of participants reported three or more ACEs.

“Every parent, pediatrician and policymaker should be familiar with the words ‘toxic stress’ and ‘adverse childhood experiences,” said Dr. Nadine Burke Harris, founder and CEO of the Center for Youth Wellness. “The data around ACEs and their impact on children’s long-term health exposes the scope of the problem and the opportunity we have to heal. By identifying effective solutions and interventions to prevent ACEs and heal toxic stress, we can make kids healthier and build stronger families and communities.”

Exposure to adverse experiences is linked to increased risk for lifelong health and behavior problems. For example, research shows that an individual with four or more ACEs is more likely to have a stroke, chronic obstructive pulmonary disease, cancer and diabetes. A person with four or more ACEs is also likely to experience depression, be more suicidal, or be an alcoholic.

“Trauma in its many forms can profoundly affect children’s healthy social, emotional and physical development, and their ability to learn and thrive,” said Ted Lempert, president of Children Now. “California must ensure that every child has access to evidence-based preventive and intervention programs to reduce the impacts of ACEs on individuals and inflated costs to our health care and public health systems.”

[SNIP]

“Addressing the impact of trauma on children is not just a response to violence but also a step toward preventing future trauma,” said Lenore Anderson, executive director of Californians for Safety and Justice. “The right interventions can help a vulnerable child avoid future exposures to violence that could otherwise have devastating effects on their ability to stay in school, stay healthy and stay out of trouble.”


CALIFORNIA HIGH COURT SAYS PUBLIC HAS A RIGHT TO KNOW NAMES OF OFFICERS INVOLVED IN SHOOTINGS

In 2010 the city of Long Beach released the names of police officers involved in shooting incidents to the LA Times. The Long Beach Police Officers Association sued the city, arguing that the information would endanger officers.

On Thursday, the California Supreme Court ruled 6-1 that law enforcement agencies have to disclose the names of officers involved in shootings (per the Public Records Act), unless the department could establish that such an action would threaten the officers’ lives.

The Long Beach Press-Telegram’s Greg Yee has the story. Here’s a clip:

In a 6-1 decision, the Supreme Court rejected the arguments of the Long Beach police union, concluding there is a presumption that the public has a right to know the identities of officers involved in shooting incidents. While the justices indicated there may be circumstances that would permit keeping the information secret, particularly if an officer’s safety might be jeopardized, departments do not have a sweeping right to withhold the officers’ identities in the aftermath of shootings.

“We reject that blanket rule,” Justice Joyce Kennard, who retired this spring with the case pending, wrote for the majority.

Long Beach Police Officers Association officials said in a statement it was “unfortunate that the majority of the Court does not recognize the safety concerns created for officers and their families involved in critical incidents when their names are released publicly.”

Union officials went on to say the organization “respectfully disagree(s) with the Court’s majority opinion that the public’s interest in this information outweighs the safety of the involved officers and their families. Police officers and other public safety personnel already face a wide range of risks. It is unfair and unconscionable that we should add the safety of their families and homes to that list as well.”

Justice Ming Chin was the lone dissent, siding with the Long Beach police union, which was joined by some other law enforcement groups in the case. Chin argued that the information is exempt from public records laws because it threatens police rights to privacy.

Long Beach Police Chief Jim McDonnell, who is running for Los Angeles County sheriff, said in a statement Thursday that he is committed to “transparency, openness and public access in regard to the work of law enforcement. Indeed, it is my view that too often law enforcement treats the vast majority of what it does as a secret and dissuades public involvement, when in fact very little need be kept confidential and the engagement of our community should be embraced and welcomed.”

However he said the privacy needs of officers and their families needs to be balanced with this.

“I look forward to the direction from our City Attorney in regard to the implementation of this decision,” McDonnell said.

Posted in LASD, Trauma, Youth at Risk | 51 Comments »

What Does CA’s Use of Juvie Isolation Look Like?…..Stop Locking Up Truant Kids in CA! ….The Lousy State of Education in Juvie Lock-Ups, CA’ s included….North Carolina Sheriff Takes On Wrongful Convictions….Farewell to Gabriel Garcia Marquez

April 18th, 2014 by Celeste Fremon


CENTER FOR INVESTIGATIVE REPORTING LOOKS HARD AT CA’S JUVIE SOLITARY

In addition to the shock and perplexity felt by many over California State Senator Leeland Yee’s arrest for what is alleged to be extravagant corruption and wrongdoing, the even larger disappointment is over the loss of his extremely valuable work in the arena of juvenile justice now that he’s been disgraced.

A case in point is, the legislation Yee (Dem-San Francisco) introduced earlier this year to ban solitary confinement as a form of punishment for juvenile inmates in California. Now, sadly, bill appears to have nearly zip chance of passing after Yee’s indictment last month on corruption charges.

Trey Bundy reporting for the Center for Investigative Reporting, takes a look at the way California juvie lock-ups are still using solitary confinement. Here is what he found in one of the state’s most progressive juvenile facilities in Santa Cruz, CA.

Although solitary confinement for extended periods is considered one of the most psychologically damaging forms of punishment – particularly for teenagers – no one knows how many juveniles are held alone in cells in California.

Neither the state nor the federal government requires juvenile halls to report their use of isolation for minors – and no laws prohibit them from locking down youth for 23 hours a day.

One thing is clear: Even the county considered one of the most progressive in the state sometimes resorts to solitary confinement to control adolescents.

The Center for Investigative Reporting was given a rare glimpse inside juvenile isolation cells at the Santa Cruz County Juvenile Hall. Considered a model youth detention facility by many juvenile justice experts, Santa Cruz still places youth in 23-hour isolation, sometimes for days on end.

But amid a growing national debate over juvenile solitary confinement, the way Santa Cruz manages its youth population could serve as a guide for lawmakers as they attempt reform in various states.

The cells at Santa Cruz look like what you would find in a prison: gray concrete floors, cinderblock walls, a bunk, a window, a heavy green door and a metal sink-toilet combo.

When isolation is used at the hall, teenagers usually are kept in their own cells for up to 23 hours a day. Guards check on them every 15 minutes, and they can receive visits from nurses, lawyers, pastors and administrators. Officials refer to the practice as room confinement. In extreme cases, inmates can be placed in one of three isolation cells with no windows that sit behind two sets of doors off the main hall. It’s clear by talking with youth here that even a few days alone in a cell can take a toll.

Sitting on a bunk in his 8-by-10-foot cell, one 15-year-old boy described throwing a fit when he thought he was unfairly locked inside for several days.

“I started, like, banging on my wall all day,” he said. “I got all kinds of toilet paper and I covered my light and was throwing up on my walls and making a big old mess.”

Santa Cruz probation officials allowed CIR to interview juvenile inmates on the condition that their names not be revealed.

The boy, who is now 16, has been detained at the hall nine times since April of last year on charges ranging from gun possession to auto theft. His stays lasted between two days and three weeks. This time, he was in room confinement for trying to pick a fight with an inmate from a rival neighborhood.

His mother has had drug problems and doesn’t always have a fixed address, so he couch-surfs a lot. He sometimes has to wear an ankle monitor as a condition of release. Occasionally, he said, life becomes so draining and chaotic and that he violates the monitor on purpose to get back here.

“I kind of feel safe here,” he said. “I come here back and forth, and in a couple weeks, I’ll be back in here.”

The boy was released a week after speaking with CIR and, as he predicted, was back 14 days later. “I’m probably my own worst problem when I’m in here,” he said.


JUDGE MICHAEL NASH SAYS STOP LOCKING UP TRUANTS IN CALIFORNIA

It doesn’t happen in every county, but the locking up of kids for so called status offenses like truancy has to stop says head Juvenile Court Justice Michael Nash, explaining that kids are just made worse by this kind of incarceration, and that most often truancy is a symptom of a family situation or an emotional issue that the kid is dealing with.

The Juvenile Justice Exchange has Nash’s Op Ed.

Here’s a clip:

With all the talk about ending the school-to-prison pipeline, many people may be surprised to learn that California still, in the year 2014, allows kids to be locked up for not going to school. On its face, state law prohibits this, but court decisions have created a loophole that allows incarceration when truants are deemed to be in contempt based on their truancy. Although a majority of California counties do not use this practice, a few persist in locking up truants. Senate Bill 1296 — the Decriminalization of Truancy Act, authored by state Sen. Mark Leno of San Francisco, would close the loophole. It deserves widespread support.

The loophole stems from the Juvenile Justice and Delinquency Prevention Act of 1974, which originally prohibited the incarceration of “status offenders” — including truants, runaways and incorrigible youth — because Congress didn’t want youth who had committed no crime to be treated like criminals. Unfortunately, the law was later amended to allow confinement if the young person continued to violate court orders. A few California courts have used that amendment to justify locking up truants.

Over the past decade, there has been increasing opposition to the needless incarceration of truants through loopholes in state law. Fourteen states have changed their laws already, and elimination of the federal exception has been a central part of efforts to reauthorize the law. Most recently, U.S. Rep. Tony Cardenas of Los Angeles has introduced the Prohibiting Detention of Youth Status Offenders Act aimed at eliminating the exception once and for all.


HOW BAD ARE THE EDUCATIONAL OUTCOMES IN AMERICA’S JUVENILE LOCK UPS? VERY, VERY BAD.

A new study by the Southern Education Foundation looks at how well or poorly various states are doing in getting kids who are locked up to the goal line of a high school diploma. The answer in most states—California prominently included—we are doing very, very badly.

Here’s a clip from the report’s introduction:

There is every reason to predict that today most of these students, like those who came before them in the juvenile justice systems, will never receive a high school diploma or a college degree, will be arrested and confined again as a juvenile or adult, and will rarely, if ever, become self-supporting, law-abiding citizens during most of their lives. Yet, substantial evidence shows that, if these children improve their education and start to become successful students in the juvenile justice systems, they will have a far greater chance of finding a turning point in their lives and becoming independent, contributing adults. The cost savings for states and state governments could be enormous.


NC SHERIFF BECOMES INNOCENCE CHAMPION—AND SAYS ITS GOOD FOR PUBLIC SAFETY

One day, after reading a nonfiction novel by popular author John Grisham, North Carolina Sheriff Chip Harding arrived at a blinding conclusion; one of the best ways to convict the right person for a serious crime, he concluded, is to avoid convicting an innocent.

Lisa Provence has the story for C-Ville.com Here’s a clip:

Albemarle County Sheriff Chip Harding has always approached his work as a cop through his background as a social worker and through his Baptist faith. But after a four-decade law enforcement career that includes nearly 30 years putting criminals behind bars as a Charlottesville Police Department investigator, he had a come-to-Jesus moment reading John Grisham’s The Innocent Man. The true story of a once major-league baseball player named Ron Williamson who spent 11 years on death row for a brutal Oklahoma rape and murder before being cleared by DNA evidence hit Harding like a punch to the stomach.

“It embarrassed me, that I’m part of law enforcement that did that,” he said.

Last month, Harding sent a rallying letter to the 123 sheriffs and 247 police chiefs in Virginia asking for their support in forming a justice commission to help prevent wrongful convictions like Williamson’s in the Commonwealth.

“I think we can change practices to lessen the likelihood of convicting the innocent while strengthening our chances of convicting the actual offender,” Harding wrote. “If police chiefs and sheriffs were to propose and or support reform—we would be taken seriously.”

That Harding would be the one leading the charge to overhaul the criminal justice system, one known for its resistance to change, shouldn’t come as a surprise. He’s long been on the cutting edge of investigative work as the guy who pushed for the General Assembly to fund Virginia’s DNA databank in the 1990s. And while he aggressively—and successfully—pursued hundreds of felony cases during his years as a detective, he also serves as the vice chair of the Good News Jail and Prison Ministry, which provides Bible classes and counseling services to inmates at the Albemarle Charlottesville Regional Jail.

Realizing he was part of a system that put innocent people behind bars—or worse, to death—was “humbling and shameful,” Harding said. “And it induced a rage. From there I started wondering how often that was going on.”

Here’s a hint at how often: Nationwide, 1,342 people have been exonerated, often after spending decades in jail, according to the National Registry of Exonerations, a joint effort of the University of Michigan and Northwestern University law schools. In Virginia, 36 people have been cleared of committing heinous crimes, 17 of those thanks to DNA evidence.

“That’s not even the tip of the iceberg,” said Harding, who went on to read UVA law professor Brandon Garrett’s Convicting the Innocent: Where Criminal Prosecutions Go Wrong, an examination of the first 250 people exonerated by DNA.


FAREWELL TO GABRIEL GARCIA MARQUEZ, LATIN AMERICA’S MYTHO POETIC TRUTH TELLER, COLUMBIAN ALCHEMIST WITH WORDS, IRREPLACEABLE GENIUS

Nobel Prize winning author, Gabriel Garcia Marquez died Thursday at age 87. He had been ill for a long time.

It is impossible to overstate the importance of Garcia Marquez to literature in general, and to Latin American writing specifically.

And of course to his legions of entranced readers. (Your editor included.)

To glimpse the power of the man referred to in the Spanish speaking world as Gabo, one has only to read the opening sentence to Garcia Marquez’ masterpiece One Hundred Years of Solitude, long considered one of the best first line’s in literature:

Many years later, as he faced the firing squad, Colonel Aureliano Buendía was to remember that distant afternoon when his father took him to discover ice.

(What book lover with any sense would not wish to read on after that?)

Each of his ten novels produces its own kind of revelation. But for me, after One Hundred Years of Solitude, the book of his I most treasure is Love in the Time of Cholera Gabo’s novel about lovers whose story takes fifty years, nine months, and four days to finally entirely bloom.

It has its own great opening line as well:

It was inevitable: the scent of bitter almonds always reminded him of the fate of unrequited love.

NPR’s Mandalit del Barco has more in a wonderful appreciation of Gabriel Garcia Marquez here.

Gabo, rest in peace. We will miss your light, of course. But we are grateful beyond words that you left so much of it behind for us.

Posted in art and culture, Education, Innocence, juvenile justice, law enforcement, Life in general, literature, solitary, Trauma, writers and writing, Youth at Risk | No Comments »

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