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Youth at Risk


Arresting Kids Under 12, Hidden Costs of Running Jails, Pell Grants for Inmates, Body Cams, and Freddi Gray

May 22nd, 2015 by Taylor Walker


CALIFORNIA ARRESTS 93% FEWER KIDS AND PRE-TEENS THAN 30 YEARS AGO, BUT TWO CITIES DO NOT LINE UP WITH THE TREND

Arrest rates for California’s kids under the age of twelve have experienced a steep decline over the last 30 years, according to a new report from the Center on Juvenile and Criminal Justice. The number of young arrestees dropped a whopping 93%. The decrease appears to be due, in part, to a drop in child crime between the late 70′s and now, but it may also be attributable to local efforts to decriminalize kids. Two cities, however, have not gotten their act together with regard to child and pre-teen arrests.

Statewide, almost 14,000 kids under twelve were arrested in 1978, nearly a third of whom were younger than ten. Thirty-five years later, in 2013, when the number of kids under twelve had risen by 40%, just under 1,400 kids younger than twelve (219 under ten) were arrested.

Most of California’s 58 counties mirrored the state trend, but eleven did not. Nine of those counties were tiny. No kids were arrested in those counties spanning the three decades. But two small counties experienced higher arrest rates, but those counties’ only arrested between zero and four kids. Stockton and the city of San Bernardino broke from the pack. In both cities, school district officers are allowed to arrest young kids, and they do arrest them—a lot. Stockton only has 1% of the state’s total number of kids under ten, those kids account for 26% of the state’s total arrests of kids in that age group.


NON-BUDGET JAIL SPENDING NOT CALCULATED BY COUNTIES, COULD HAVE AN IMPACT ON CRIMINAL JUSTICE REFORM IF COUNTIES WOULD TRACK THE $$$

The US spent $22.2 billion on jails in 2011. And that price tag is much lower than if it included costs not covered in the official jail budgets—for example, employee benefits, inmate health care, capital costs, administrative costs, legal costs, and inmate services—, according to a new survey and study from the Vera Institute of Justice.

Vera researchers surveyed 35 jail systems (including Alameda County) in 18 states, holding 9% of the US jail population. The study found that many jail systems had difficulty calculating the total cost (incurred by taxpayers) of running their jails. And if jails don’t track those costs, and taxpayers do not know how much they are truly spending on locking people up in local jails, and neither do the policymakers pushing criminal justice reform.

According to the Vera survey, eight of the jail systems spent non-budget dollars equaling more than 20% of their budget. Twelve of jail systems surveyed could not come up with their non-budget costs.

Here’s a clip from the study:

…in addition to the $1.1 billion spent by the City of New York Department of Correction in 2014, other city agencies spent an additional $1.3 billion for jail employee benefits, health care and education programs for incarcerated people, and administration, bringing the total cost to $2.4 billion.

Because reported jail costs are too often incomplete, policymakers and the public are seldom aware of the full extent of their community’s financial commitment to the jail. As policymakers focus on justice reform at the local level, they need to understand how much the community is actually spending. To this end, researchers at the Vera Institute of Justice developed a survey to help counties tally the actual price of their jails.

The only way to safely reduce the cost of jail is to limit the number of people in the jail, because the cost largely comprises expenses for staff and the number of staff is dictated by the population of incarcerated people. In fact, the inmate population is such a key cost driver that it is possible for “expensive” jails (meaning those with a high average per-inmate cost) to be the least costly to taxpayers.

Consider the example of two counties of similar size: Johnson County, Kansas, and Bernalillo, New Mexico. By comparing the average cost per inmate, the jail in Johnson County appears to be more than twice as expensive as the jail in Bernalillo County ($191.95 per day versus $85.63 per day in 2014). But taxpayers in Johnson County actually spend less on the jail than taxpayers in Bernalillo County do, because the incarceration rate in 2014 was more than three times lower (121 per 100,000 versus 369 per 100,000). As a result, the annual cost of jail in Johnson County is $49 million ($82 per county resident), versus $78 million ($113 per county resident) in Bernalillo County.


PELL GRANTS MAY BE EXTENDED TO SOME INMATES…US DEPT. OF EDUCATION, MAY OVERTURN A PORTION OF A SHORT-SIGHTED 1994 BILL

The US Department of Education is expected to lift a portion of a punitive 1994 ban on inmate eligibility for Pell Grants to attend college while they are behind bars.

A RAND study found that for every dollar spent on education for inmates, the state would save $5, and greatly reduce recidivism rates.

PBS’ Paul Fain has more on the issue, including what ending the Pell Grant ban would look like from a financial standpoint. Here’s a clip:

If the project is successful, it would add to momentum for the U.S. Congress to consider overturning the ban it passed on the use of Pell for prisoners in 1994.

“The idea is under consideration,” a department spokesperson said.

Sources said the Obama administration backs the experiment, and that it would be unveiled this summer.

A likely scenario would be for state and federal prison education programs from a handful of colleges to become eligible for Pell Grants. Various restrictions might apply, such as for participating students to be eligible only if they are scheduled for release within a specific number of years.

Even a limited experiment will provoke controversy. Spending government money on college programs for convicted criminals is an easy target for conservative pundits and for some lawmakers from both political parties.

For example, last year New York Gov. Andrew Cuomo dropped his proposal to use state funds for prison education programs after the plan received immediate and fierce opposition.

Yet advocates for removing the federal ban point to evidence that supporting educational opportunities for prisoners pays off for students, for government coffers and for society on the whole.

[SNIP]

Some Republican state lawmakers support prison education programs, experts said, because they like the clear return on investment.

“It is financially wise,” said John Dowdell, coeditor of The Journal of Correctional Education. “It’s time to get over the emotional bias and do what the data says.”


LAW ENFORCEMENT AGENCIES GRAPPLE WITH HOW MUCH ACCESS PUBLIC SHOULD HAVE TO BODY CAM FOOTAGE

In LA and around the country, law enforcement agencies are purchasing and implementing police body cameras as a means of increasing accountability to the public. But so far, police forces (including the LAPD) have argued that privacy for both officers and the people they come in contact with, and maintaining investigation integrity, outweigh the public’s desire for department transparency.

In April, LAPD Chief Charlie Beck said that officers could review their body cam footage before writing reports. Chief Beck also said that for the most part, captured video will be treated as evidence, and will not be made public. (The LA County Sheriff’s Dept. requires the officers to provide statements before viewing footage.)

The LA Times’ Richard Winton sheds some light on the controversy and the difficulty in finding a middle ground. Here’s how it opens:

Cameras mounted inside patrol cars captured every moment.

With their guns drawn, Gardena police officers screamed instructions at three men on the sidewalk. The officers warned them to keep their hands above their heads, mistakenly believing that they had been involved in a robbery.

Exactly what happened next is in dispute, but what is undisputed is that the men were unarmed when police opened fire, killing one and seriously wounding another.

Afterward, the Gardena Police Department allowed the officers — over the objection of a sheriff’s investigator — to review video of the incident. But the department has refused to make the videos public, even after the city agreed to pay $4.7 million to settle a civil rights lawsuit over the shooting.

Across the country, law enforcement agencies are equipping police and patrol cars with cameras to capture interactions between officers and the public. But many of those police forces, like Gardena’s, do not release the recordings to the public, citing concerns about violating the privacy of officers and others shown in the recordings and the possibility of interfering with investigations.

That approach has drawn criticism from some civil rights activists who say that the public release of recordings is crucial to holding police accountable — especially if the officers involved in the incidents are allowed to view the videos.

Gardena Police Chief Ed Medrano defended his department’s position as consistent with that of other law enforcement organizations around the country. He added that it was intended to protect the integrity of investigations as well as the privacy of officers and those who come into contact with police.

“The general public does not have an unfettered right to see every video that is taken by law enforcement,” Medrano said in an email. “Thus, absent a court order to the contrary, many agencies across the country, including Gardena, do not intend to release videos to the public.”


FREDDIE GRAY UPDATE: FED. GRAND JURY INDICTS OFFICERS

On Thursday, a grand jury chose to indict six officers allegedly connected to the death of Freddie Gray in Baltimore.

The Baltimore Sun has the story. Here’s how it opens:

Baltimore grand jury returned indictments against the six officers charged earlier this month in the in-custody death of Freddie Gray, State’s Attorney Marilyn J. Mosby announced Thursday.

Prosecutors presented evidence to the grand jury over the course of two weeks, Mosby said. Reckless endangerment charges were added against all six officers, while false imprisonment charges against three were removed. The remaining charges are largely the same ones her office filed May 1, following an independent investigation.

“As our investigation continued, additional information has been discovered, and as is often the case during an ongoing investigation, charges can and should be revised based upon the evidence,” Mosby said at a news conference.

The case now moves to Baltimore Circuit Court, where the officers will be arraigned July 2. All remain free on bail.

Gray, 25, was arrested April 12 after running from officers patrolling the Gilmor Homes area of West Baltimore. His death seven days later led to widespread protests that gave way to citywide rioting, deployment of the National Guard and institution of a curfew.

Thrust into a national debate over cases of police brutality, Mosby stunned many when she moved swiftly to bring charges against the officers that included second-degree murder and involuntary manslaughter.

Posted in Education, jail, juvenile justice, LAPD, School to Prison Pipeline, Youth at Risk | 18 Comments »

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

April 21st, 2015 by Taylor Walker

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

[SNIP]

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

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

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


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

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

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

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

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

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

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

After learning about Joven Noble, his outlook is different.

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

[SNIP]

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

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

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

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

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

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

Jim McDonnell Swearing-in, Native American Kids’ Exposure to Violence, California Exoneration, and a Child Welfare Czar Update

December 1st, 2014 by Taylor Walker

TODAY: LA GETS A NEW SHERIFF

Jim McDonnell will be sworn in as the 32nd Sheriff of Los Angeles County today, December 1. The swearing-in will take place downtown at the Kenneth Hahn Hall of Administration at 2:00p.m.

McDonnell will replace Interim Sheriff John Scott, who took over for Sheriff Lee Baca after he resigned in January.

Former chief of the Long Beach Police Dept. and a 29-year LAPD veteran, McDonnell is the first new sheriff elected from outside the department—the fourth largest law enforcement agency in the US—in more than a century.

We will have much more on our new sheriff after the swearing-in.


NATIVE AMERICAN KIDS PLAGUED BY COMMUNITY VIOLENCE, FAILED BY THE JUSTICE SYSTEM

Children growing up in American Indian and Alaska Native (AI/AN) communities experience violence at a rate higher than any other race, according to a recent report. (The 120-page report from the Attorney General’s Advisory Committee on American Indian and Alaska Native Children Exposed to Violence was presented to Attorney General Eric Holder in mid-November.)

According to the report, 75% of deaths of Native Americans between the ages of 12-20 are due to violence.

AI/AN kids are also five times more likely than the general population to have four or more Adverse Childhood Experiences (ACEs). Kids with four ACEs have a much higher likelihood of having emotional and physical health issues, among other serious negative outcomes.

Clearly this is a national issue, but it’s a California issue, as well, in that our state has the second largest Native American population in the US (the largest is in Oklahoma).

The report makes 31 recommendations to improve the lives of AI/AN kids exposed to violence, including allowing tribes to prosecute non-Native Americans who abuse Native American children on reservations.

Here are some clips from the report:

Violence in American Indian and Alaska Native (AI/AN) communities occurs at very high rates compared with non-AI/AN communities—higher for AI/AN than all other races. And violence, including intentional injuries, homicide, and suicide, accounts for 75 percent of deaths of AI/AN youth ages twelve through twenty.2 Unfortunately, Indian children cannot escape the violence that surrounds them.

Repeated exposure to childhood violence has a staggering lifelong impact on an individual’s health and well-being. The Adverse Childhood Experiences (ACE) Study demonstrated that persons who experience four or more childhood adversities have a four- to twelvefold increased risk for alcoholism, drug use, depression, and suicide attempt when compared to those that had experienced none. This study, coupled with data that show American Indians and Alaska Natives have a fivefold higher risk of being exposed to four or more adverse childhood events, underscores the overwhelming impact of exposure to violence in AI/AN communities.

Children engulfed by this level of community violence often struggle with rebuilding trust, finding meaning in life apart from desires for safety and justice, finding realistic ways to protect themselves and their loved ones from danger and dealing with feelings of guilt, shame, powerlessness, and doubt. Additionally, when children experience ongoing violence in their communities, it may become an accepted condition of life. They may learn to think of recurring danger, fear, injury, and death as normal. Instead of celebrating life, too often they must mourn losses. This may confuse them in figuring out how to navigate life. These children wait nervously or helplessly for the next explosion of violence in their neighborhood or school, or they mourn the all-too-common deaths or devastated lives of families, friends, and community members. At some point, these children may feel the need to fight back against actual or potential perpetrators, causing them to have difficulty acting appropriately on those feelings. Unfortunately, a number of these children become perpetrators in adolescence and adulthood.

[SNIP]

Vulnerability Due to Homelessness. Homelessness may be caused by a need to escape violence in the home, and homeless youth become easy targets of violent crime in the community. In Minnesota, where the Advisory Committee conducted a Listening Session, it was reported that AI/AN youth make up 20 percent of homeless youth ages twelve through seventeen, although they make up only 1 percent of the general population.

[SNIP]

The cycle of violence that now grips AI/AN communities was years in the making and largely due to failed federal policies. Breaking the cycle of violence will require cooperation at the federal, tribal, and state level as well as the investment of significant new resources.

The Washington Post’s Sari Horwitz has more on the report.

In a more recent story for the Washington Post, Horwitz tells of how the federal justice system is failing Native American kids. Horwitz takes a particularly close look at kids from the violence-ridden Pine Ridge Indian Reservation in South Dakota and their encounters with the juvenile system. Here’s a clip:

Around the country, juveniles on reservations are left to languish in cash-strapped facilities that cannot afford to provide the kind of rehabilitative services afforded to most young offenders in the United States. Because some reservations have no juvenile detention centers, offenders often are shipped to facilities far from their homes, compounding the isolation of incarceration.

A jurisdictional legal maze in Indian country further complicates matters. Indian reservations are sovereign nations. So when juveniles commit minor crimes, their cases are usually handled by the tribes. But when they commit a serious felony, their cases are generally handled by federal prosecutors, and they can be sent to either federal prison or a federal facility.

In the federal system, there is no juvenile division, and no court judges, rehabilitation facilities or probation system for juveniles. From 1999 through 2008, as many as 60 percent of juveniles in federal custody were American Indians, according to a commission that last year recommended that tribes be given full jurisdiction over Indian children and be released from “dysfunctional federal and state controls.”

Advocates say Native American youths have essentially been forgotten.

“There is no systemic program to educate kids or provide services for them in detention centers,” said Troy Eid, the chairman of the Indian Law and Order Commission and a former U.S. attorney from Colorado. “They don’t have computer instruction. They don’t have classrooms. They have nothing, and their services are lacking because Congress hasn’t appropriated the funding. They just sit in a cell all day.”


MAN FREED AFTER THE LONGEST WRONGFUL INCARCERATION IN CALIFORNIA, PLUS INTERVIEW WITH HEAD OF INNOCENCE PROJECT

Michael Hanline, a man wrongly convicted of a 1978 murder, was released from prison after serving 36 years behind bars—the longest wrongful imprisonment ever in California. —and a 15 year battle on his behalf by the folks at the California Innocence Project. (You can read the rest of Hanline’s story here.)

UT San Diego’s Dana Littlefield interviewed Justin Brooks, founder of the California Innocence Project. Brooks discusses breaking the good news to Hanline about his exoneration. He also explains how the Innocence Project chooses cases, and a walk from San Diego to Sacramento to file twelve clemency petitions.

Here are some clips from the interview:

Q: What was it like to tell Michael Hanline he would finally be getting out of prison?

A: It was stunning. I think it had been such a roller coaster over all these years that it was hard for him to believe it. I still don’t think he really believed it until (the day after he was released). I think he had to get out. He had to go to bed and wake up somewhere else to really have it hit him.

I’ve been doing this for 25 years and I’ve walked 15 people out of prison in that situation. And I still don’t know what it’s like because I’m still just an observer. I always try to imagine it, but I can’t imagine it. I mean, I don’t like staying home sick one day. I can’t fathom 36 years of in prison, thinking you’re gonna die there.

[SNIP]

Q: What’s the California 12?

A: With Hanline, we thought we’d run out of options. We were still fighting but we had been going on for so long. So one night I thought, Well, the governor has the ability to grant clemency and my goal isn’t necessarily to exonerate everybody it’s to free innocent people. Clemency isn’t about exonerating you, it’s about getting you out of prison.

So I thought, I’m going to file clemency on all the cases that we’ve been fighting for years and where we have strong evidence of innocence, but we haven’t been able to convince the courts of it.

Clemency is so hard to get because it’s so political and you have to get the governor’s attention. So I came up with this crazy idea that I would walk the clemency petitions from my office here (in San Diego) to his office in Sacramento. Fortunately two of my young and much fitter staff attorneys agreed to walk with me.

It was the most difficult thing I’ve done in my life and it was the most amazing experience of my life…

Read on.


WHY THE PROCESS OF FINDING AN LA CHILD WELFARE CZAR HAS BEEN DELAYED

The LA County Board of Supervisors was expected to begin interviewing candidates for the new child welfare czar—to oversee much-needed reforms to the Department of Children and Family Services—at the beginning of November. Instead, the board postponed the process until the two new Supervisors would be sworn in today, December 1.

Leslie Gilbert-Lurie, co-chair of the transition team tasked with preparing the way for the new Office of Child Protection, expressed concern over whether the search would gain momentum before the end of the year.

Gilbert-Lurie also noted that the Supervisors may not be happy with the size of the applicant pool. (Judge Michael Nash, presiding judge of the LA Juvenile Courts, has been the only person to publicly announce interest in the position, thus far.)

The Chronicle of Social Change’s Christie Renick has more on the issue. Here’s a clip:

“The interviews themselves were postponed,” said transition team co-chair Leslie Gilbert-Lurie during the Nov. 24 meeting. “I was disappointed to hear that the interviews were postponed, but hopefully it will lead to a very positive result.”

The board had also voted 3-2 on October 7 to include members of the transition team in the selection process to fill the director position. But Gilbert-Lurie reported to the rest of the transition team that the board of supervisors was not actually planning to include the transition team in that process.

“What our office was told on the Friday before interviews that were set for Tuesday and Wednesday afternoon was that this was going to be in closed session for the Supervisors only,” Gilbert-Lurie said.

[SNIP]

“What I would question is if the Supervisors were not happy with the search that took place, if they did not feel that they had enough choices, I don’t know how that search gets revved up, redone, and interviews take place again in December,” Gildbert-Lurie added. “I’m just not sure how that timing could possibly work.”

Posted in ACEs, DCFS, Foster Care, Innocence, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Youth at Risk | 12 Comments »

Part 3: “Drugging Our Kids,” Kindergarteners Carry Stresses to School, Lawsuit on Behalf of Disabled LA Jail Inmates Settled…and More

November 24th, 2014 by Taylor Walker

“DRUGGING OUR KIDS” PART 3: A SWEET DEAL BETWEEN FOSTER CARE PRESCRIBING DOCS & PHARMACEUTICAL COMPANIES

In August and September we linked to parts one and two of Karen de Sá’s invaluable investigative series for the San Jose Mercury on the widespread and unchecked use of psychotropic prescription drugs to medicate California’s foster kids. (links)

In part three of the powerful series, de Sá exposes pharmaceutical companies’ major targeting of doctors who treat kids in foster care, who are covered under Medi-Cal. On average, these foster care prescribing doctors are rewarded—with money for travel, meals, profitable speaking gigs, and research trials—more than double what regular California doctors receive in payouts from drugmakers. In fact, between 2010 and 2013, pharmaceutical companies gave $14 million in payouts to doctors who prescribe to kids in foster care. And doctors who wrote more than 75 prescriptions for foster kids per year received four times as many payouts than the lower-prescribing doctors.

Here’s a clip from the findings:

Foster care prescribers reap nearly 2½ times more than the typical California doctor: From 2010 to 2013, almost 30 percent of all California doctors — and about 35 percent of foster care prescribers — received at least $100 from drug companies. But while the California doctors in that group received an average of $10,800 apiece over the four-year period, foster care prescribers typically received far more, nearly $25,000 each

Frequent prescribers are generally rewarded the most: Doctors who wrote more than 75 prescriptions to foster children in a year received more drug company payments than those who wrote fewer. While the margin fluctuated from year to year, on average the higher prescribers in the most recent fiscal year collected almost four times — or about $10,000 more — than the lower prescribers in 2013.

The bulk of the payments fund drug company-sponsored research: The 17 drugmakers who reported payments steered more than $11.3 million in research funds to doctors who prescribe psychotropic drugs to the state’s foster kids, with Eli Lilly — maker of the antipsychotic drug Zyprexa — leading the pack by spending $6 million.

The companies kept some of their big researchers busy in other ways: Six of the doctors who earned among the largest research grants also tallied a cumulative total of almost $400,000 in speaking and consulting fees and another $45,000 in travel and meals.

We really hope de Sá’s editors put this excellent series up for prizes when the time comes.


KINDERGARTNERS IN HIGH-VIOLENCE COMMUNITIES BRING STRESSES OF FAMILY AND NEIGHBORHOODS INTO THE CLASSROOM

in an op-ed for the LA Times, Judy Belk, president and CEO of the California Wellness Foundation, tells of her daughter Casey’s experience teaching a kindergarten class in a St. Louis school not too far from Ferguson, MO.

Belk noted that many parents really strive to give their kids what they need, but often found the challenges stacked against them are overwhelming.

Here’s a clip:

Casey quickly figured out that schools are not closed systems. When a family is dysfunctional or broken, the problems follow the student into the classroom. Her principal waited with a student for hours to be picked up by a parent who never appeared. Finally, at 8:30 p.m., the principal had to turn the child over to child protective services.

Still, Casey has been impressed at how, with limited resources and parenting skills, and brutal work schedules, the parents try their best to provide for their children. She also sees a large number of involved, caring fathers countering the stereotype of the absent black male.

But the families and the school struggle to make everything work in one of the city’s most crime-ridden neighborhoods. Shortly after school started, there was a drive-by shooting at a convenience store directly across the street from the school. Classes had just been dismissed, and several of Casey’s students were in the store as bullets flew, though none was wounded.

Casey’s text messages are discordant. One day she sends cute pictures of her kids in Halloween costumes; the next she alerts me that the school is on lockdown because of nearby gunfire. Recently, after yet another shooting, her principal canceled all outdoor recess. And now, in anticipation of a violent response to the upcoming Ferguson grand jury announcement, emergency supplies have been delivered to the school in case it becomes too dangerous for students or teachers to leave the building for a day or so.

But I’m trying hard to stay calm and take my guidance from Casey. She says she’s not scared — just angry that her kids have to live under these conditions. She intends to stay at least until the end of her two-year commitment. And after that? She’s already thinking about what more she can do: “I thought by teaching kindergarten, it would be early enough to make a difference, but … we’ve got to intervene earlier, focus in on parenting.”


LA COUNTY SETTLES COSTLY, SIX-YEAR LAWSUIT ALLEGING MISTREATMENT OF INMATES IN WHEELCHAIRS

A lawsuit challenging alleged mistreatment and appalling living conditions for inmates in wheelchairs within Men’s Central Jail has finally been settled after a six-year-long fight from the county.

Some of the changes required by the settlement have already been implemented. Wheelchair accessible toilets and showers are now in two wings of the jail, for instance. The settlement also calls for work and education opportunities for inmates with ambulatory disabilities, as well as working wheelchairs. In addition, the settlement will pay $2.2 million in attorneys fees.

The LA Times’ Cindy Chang has the story. Here’s a clip:

Two wings of the Twin Towers jail have already been fitted with wheelchair-accessible toilets and showers, as required by the settlement. The county jail system now employs an Americans with Disabilities Act coordinator, and inmates may appeal to the jail’s chief physician if they are denied the use of a wheelchair or walker.

The Sheriff’s Department’s new inspector general will monitor the agreement for three years.

One of the plaintiffs’ attorneys, Jessica Price of the American Civil Liberties Union of Southern California, said conditions have improved recently. But she questioned why the county fought the lawsuit when the jails clearly were not providing for disabled inmates’ basic needs.

“There was no rational basis for the county to dispute the fact that there were bathrooms that wheelchairs could not access,” Price said. “That was not a factual question, yet the litigation went on for six years.”

We had that same question, too.


RECENTLY RELEASED FROM PRISON AND STRUGGLING TO GET BY ON THE OUTSIDE

As part of KQED’S Vital Signs series, Aus Jarrar, who was recently released from prison, and now interns at a service center for former inmates, shares his story. Because Jarrar is ineligible for food stamps, he struggles to eat—missing the hours the food bank is open—in order to maintain his internship toward a drug and alcohol counseling accreditation.

Here’s how his story opens:

Walking by that restaurant back there, I smelled some barbecue. Somebody’s really cooking. You know the funny thing? Since I got out, I’ve been really full maybe three times.

It was a shock to me the morning I woke up out here that my breakfast wasn’t ready. I was in prison for a total of 11 years. I took breakfast for granted.

I’m Palestinian. I’m not a citizen so I don’t qualify for food stamps.

The prison system, they give us $200 to leave with. I had no clothes, and I have no food. So I had to make the choice: do I want look professional, so I can get a job? Or do I want to eat?

Posted in ACLU, Foster Care, LA County Jail, Trauma, Youth at Risk | No Comments »

Helping Treatment Programs Access Funding, LAPD to Implement Discipline Recommendations, CA Attorney General Discusses Marijuana Legalization, and Montana Gets Gay Marriage

November 20th, 2014 by Taylor Walker

LA SUPES MOVE TOWARD MAKING IT EASIER FOR TREATMENT AND REHABILITATION PROGRAMS TO GET FUNDING

The LA County Board of Supervisors approved a motion by Supes Don Knabe and Mark Ridley-Thomas to look at possibilities for expanding eligibility requirements for the competitive bid process for county funding, so that community treatment programs that do great work serving at-risk kids, but don’t fit into the county’s “square peg” system, can still win crucial funding.

For instance, Don Knabe said he would like to find a way to provide funding for Homeboy Industries, which cannot engage in the county’s competitive bid process because participants are not referred to Homeboy. Instead, gang members seek help at Homeboy of the own volition.

KPCC’s Erika Aguilar has the story. Here’s a clip:

About 1,500 juvenile delinquents are released from Los Angeles county youth camps each year and the county spends at least $11 million annually on rehabilitation programs, according to Knabe’s office.

Most of the money goes to traditional “fee for service” programs where a juvenile offender is referred to a specific rehabilitation program after release from camp. Knabe referred to those programs as “square pegs” that fit the county mold because it’s easy to track which services were provided.

He said other successful programs that help troubled youth turn their lives around are left out.

“These are not square peg issues,” he said. “They are issues that have to be met with head-on services,” he said. “And you have to look at all the different models that may be out there.”


LAPD CHIEF CHARLIE BECK TELLS COMMISSION HE WILL IMPLEMENT RECOMMENDATIONS FROM DISCIPLINE SURVEY

An internal LA Police Department report released late last week analyzed a survey of 500 sworn officers and employees regarding the LAPD’s disciplinary practices.

Those surveyed said they felt the department discriminated based on gender, ethnicity, and rank. However, when analyzed, respondents’ perceptions of bias were not generally representative of the discipline data gathered by the department. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Yet the department figures show that, for the most part, referrals to the Board of Review and terminations of latino, white, black, and asian officers were proportionate to the department’s overall ethnic composition.

The report was presented to the LA Police Commission Tuesday. In response, Charlie Beck told the police commission the department would implement recommendations from the report. Among the recommendations to be put into effect are:

- Utilizing new penalty guidelines to ensure consistency and fairness
- Gathering and analyzing Board of Review and complaint data for potential bias
- Developing an anti-nepotism policy

Other reactions to the report were mixed at the commission meeting. LA Police Protective League president Tyler Izen said he felt department officials were unfairly blaming the survey results on officers’ inadequate understanding of discipline policies, and that the report was missing information.

LA police commission president Steve Soboroff said that the report did its job—putting numbers next to claims of gender, minority, or rank-related bias—and that it was not intended to analyze every type of disparate discipline claim (like favoritism by the chief).

The LA Times’ Richard Winton, Kate Mather, and Joel Rubin have more on the the issue. Here’s a clip:

The review looked for disparities in whether officers of certain ranks, gender, or race were ordered to the hearings and ultimately penalized, concluding that data showed there was little merit to the complaints of bias.

Left unexamined, however, was the vast majority of the LAPD’s misconduct cases, which are handled by officers’ commanders.

The president of the union that represents the department’s roughly 9,900 rank-and-file officers dismissed the report Monday as a disappointment.

Tyler Izen was critical of what he said were efforts by officials to blame officers’ concerns on their poor understanding of how the discipline system works.

“They are saying the employees don’t get it…I think [officers] are afraid they are going to be fired,” he said. “I would like to see all the raw data because this report doesn’t tell me much.”

Steve Soboroff, president of the Police Commission, acknowledged that some officers believe the discipline system favors those with connections. But he praised the report, saying that it did a good job of analyzing claims of bias based on gender, rank and ethnicity. He said it would have been impossible to quantify all the complaints of disparities in punishments.

“You’ve got a perception that if you’re a friend of the chief’s, then all of the sudden it’s better,” Soboroff said. “You can’t quantify that. How do you do the statistics on that? So that’s a perception issue for the chief to work on. Nobody else but the chief. And he knows that.”

[SNIP]

Capt. Peter Whittingham, an outspoken critic of Beck who has sued the department over retaliation that he claims he suffered for refusing to fire an officer at a discipline hearing, said the report was “deeply disappointing.”

“I thought this was an opportunity for real transparency and for the department to show it really wants to address the core issues raised by officers,” he said.

Questions about discipline had dogged Beck before Dorner surfaced. The chief clashed repeatedly with members of the commission over what they saw as the chief’s tendency to give warnings to officers guilty of serious misconduct and the department’s track record for handing down disparate punishments for similar offenses.


CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS TALKS MARIJUANA LEGALIZATION WITH BUZZFEED

California Attorney General Kamala Harris told Buzzfeed’s Adam Serwer that she has “no moral opposition” to marijuana legalization, and that it seems inevitable. Harris said a lot has to be figured out for California to make legalization a workable reality, and that she is glad that Oregon and Washington have been paving the way. Here’s a clip:

“I am not opposed to the legalization of marijuana. I’m the top cop, and so I have to look at it from a law enforcement perspective and a public safety perspective,” Harris told BuzzFeed News in an interview in Washington, D.C. “I think we are fortunate to have Colorado and Washington be in front of us on this and figuring out the details of what it looks like when it’s legalized.”

“We’re watching it happen right before our eyes in Colorado and Washington. I don’t think it’s gonna take too long to figure this out,” Harris said. “I think there’s a certain inevitability about it.”

[SNIP]

“It would be easier for me to say, ‘Let’s legalize it, let’s move on,’ and everybody would be happy. I believe that would be irresponsible of me as the top cop,” Harris said. “The detail of these things matters. For example, what’s going on right now in Colorado is they’re figuring out you gotta have a very specific system for the edibles. Maureen Dowd famously did her piece on that… There are real issues for law enforcement, [such as] how you will measure someone being under the influence in terms of impairment to drive.

“We have seen in the history of this issue for California and other states; if we don’t figure out the details for how it’s going to be legalized the feds are gonna come in, and I don’t think that’s in anyone’s best interest,” Harris said.


MONTANA BECOMES 34TH STATE TO ALLOW GAY MARRIAGE

On Wednesday, U.S. District Judge Brian Morris overturned Montana’s ban on gay marriage. Couples were immediately allowed to wed following the ruling. Congrats Montana (a state of which we at WLA are particularly fond)!

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

The 9th U.S. Circuit Court of Appeals ruled in September that Idaho and Nevada’s bans are unconstitutional. Montana is part of the 9th Circuit, and Morris cited the appeals court’s opinion in his ruling.

“The time has come for Montana to follow all the other states within the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couples to equal protection of the laws,” he wrote.

Four same-sex couples filed a lawsuit in May challenging Montana’s ban. The plaintiffs included Angie and Tonya Rolando.

“Calling Tonya my partner, my significant other, my girlfriend, my perpetual fiancée has never done justice to our relationship,” Angie Rolando said. “Love won today.”

Posted in Charlie Beck, Homeboy Industries, LAPD, LAPPL, LGBT, Marijuana laws, Youth at Risk | No Comments »

André Birotte Gets Robed Up….Brown Foes Say Realignment Causes Crime But Stats Say Otherwise….When Mental Disabilities Lead to Harsh School Discipline….& PPOA McDonnell Interview, Part 2….

October 28th, 2014 by Celeste Fremon



ANDRÉ BIROTTE SWORN IN AS FEDERAL JUDGE

By 4 p.m. on Friday night, courtroom 650 at the Edward R. Roybal Federal Building —plus two overflow rooms—were absolutely jammed with judges, lawyers, higher echelon law enforcement types, local lawmakers and others, including U.S. Attorney General Eric Holder, all of whom had come to witness the formal investiture of André Birotte Jr as a United States District Judge.

Birotte, if you remember, was nominated to the federal bench by President Barack Obama on April 3, 2014, and confirmed unanimously by the Senate on July 22, 2014 (an impressive feat in itself, considering the current fractious state of that august body).

The son of Haitian immigrants, Birotte graduated from Tufts University in 1987 with a B.A. in psychology, then came to Southern California to attend Pepperdine University School of Law. He began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to redefine and reform itself. Birotte is generally acknowledged as a significant part of that reform.

In 2009, while he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, after Senator Diane Feinstein strongly recommended him. Five years later, Feinstein again recommended him for the judgeship.

“In 15 years of [vetting] people for the senator,” said Trevor Daley, Feinstein’s state director who was tasked to check up on Birotte. “I’ve never gotten the kind of positive feedback on anyone as I did on André.”

Other speakers at the investiture were similarly effusive.

Birotte was a “champion on the individual as well as serving the underserved,” said former police commission chairman Rick Caruso. “Yet he never sought the spotlight.

Eric Holder praised Birotte for cracking down on public corruption and drug trafficking while also understanding that “we will never be able to prosecute and incarcerate our way to becoming a safer nation.” Holder also pointed to CASA, the sentencing diversion program that Birotte championed, “which serves as a model for smart on crime initiatives throughout the nation.”

Now Birotte would be “strengthening and making more fair the justice system to which he has given so much of his life,” said Holder.

When it came time for the newly-minted judge himself to speak, Birotte quoted a poetry fragment by poet Antonio Machado, that he said had influenced him.

…Wanderer, there is no road,
the road is made by walking.

Indeed, Birotte doesn’t appear to have set his sites on the positions he has attained as part of some grandly ambitious lifeplan. Instead, according to his own account, and the accounts of those who lauded him on Friday, he has arrived at the present moment by “walking,” as the poet suggests—a.k.a. by doing the work that appeared before him, while guided by a strong sense of justice and compassion.

In fact, if it had not been for his wife’s encouragement, Birotte told investiture crowd, “I’m not sure that I would have put myself out for these positions.”

Birotte thanked a long list of people (including his faithful group of morning workout partners at his gym). He confided to the crowd that among the most important talismans he brought with him into his new courtroom were “my father’s medical bag and one of the many purses that my mom would keep by her side.”

At the mention of his mom, who died just a few years ago, Birotte choked up visably. He struggled similarly when he told his wife how much she and their kids meant to him, and also when he thanked Judge Terry Hatter, who had been a longtime hero, and who swore him in. Each time, the “baby judge,” as he called himself, was refreshingly unapologetic for his unruly emotions.

Although the investiture began just after 4 p.m., more than three hours later guests still lingered at the post-ceremony reception in the Roybal building’s lobby, as if wishing to bask a bit longer in the evening’s prevailing sentiment—namely that this particular judgeship, thankfully, had landed in very good hands.


AS ELECTIONS HEAT UP BROWN OPPONENTS SAY REALIGNMENT MADE CALIF. COMMUNITIES LESS SAFE, BUT ACTUAL NUMBERS SAY OTHERWISE

As we noted yesterday, although realignment was not originally a big issue in this year’s gubernatorial campaign, now Jerry Brown’s opponents are bringing up the topic with increasing frequency. Yet, while critics’ contend that realignment has harmed public safety, the state’s still falling crime figures don’t agree. Still, when it comes to pointing to lasting victories for the governor’s signature policy, even Brown and other advocates admit that realignment is a complicated work in progress.

Don Thompson of the Associated Press has more on the story (via the Sacramento Bee). Here are some clips:

As Gov. Jerry Brown seeks re-election next month, Republicans say decisions he made to reduce prison overcrowding are endangering the public by putting more criminals on the streets.

About 13,000 inmates a month are being released early from crowded county jails while they await trial or before they complete their full sentences. More than 5,000 state prisoners had earlier releases this year because of federal court orders, legislation signed by the governor and a recently approved state ballot initiative.

Yet those statistics don’t tell the full story.

Crime rates statewide actually dropped last year and did so across all categories of violent and property offenses, from murder and rape to auto theft and larceny, according to the most recent figures from the state Department of Justice.

[BIG SNIP]

Even as crime rates have dropped, realignment is presenting challenges for counties throughout the state. The total county jail population in California has increased by nearly 11,000 inmates since realignment took effect in October 2011.

Probation departments now handle offenders whose most recent convictions are for lower-level crimes but who may have serious or violent criminal histories.

County officials also say they are ill-equipped to deal with other offenders who used to go state prisons, including those with mental illness and those serving multi-year sentences.

“The population most likely to be the most problematic is the population being funneled to the counties,” said Margarita Perez, who was acting chief of the state’s parole division before realignment took effect in October 2011 and now is assistant probation chief in Los Angeles County.

Despite the tougher population, probation officers said they are becoming better at handling those inmates.

“There’s more of a culture of tolerance, more of a culture of using any resources at your disposal to try to get this individual to turn around instead of a philosophy of lock them up,” Perez said.

Dean Pfoutz is one of those trying to benefit from the new emphasis on rehabilitation.

His roughly two decade-long criminal history includes a three-year prison sentence for assault and another eight years for an assault causing serious injury to a girlfriend. He most recently served 16 months for receiving stolen property.

Despite his violent past, he is being supervised by Sacramento County probation officers instead of state parole agents because his most recent crime, possession of stolen property, is considered a lower-level offense.

Pfoutz said he is benefiting from the county’s approach.

“It’s more hands-on here than parole. With parole, it’s like, ‘Just don’t get arrested,’” he said before attending a self-help class at the probation center he visits five days a week. “They’re pulling for us to do all right.”


SPECIAL ED LEADS TO THE JUVENILE JUSTICE SYSTEM FOR TOO MANY AMERICAN STUDENTS

Although much of the concern about the disproportionate use of over-harsh school discipline has been focused on students of color, experts are increasingly aware that kids with mental disabilities are also disproportionately pushed into the so-called school-to-prison pipeline.

Jackie Mader and Sarah Butrymowicz of the Juvenile Justice Education Exchange have the story. Here’s a clip:

Cody Beck was 12-years -old when he was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later, the sixth-grader was released from the facility and charged with three counts of assault.

Officials at his school determined the incident was a result of Cody’s disability. As a child, Cody was diagnosed with bipolar disorder. He had been given an Individual Education Program, or IEP, a legal document that details the resources, accommodations, and classes that a special education student should receive to help manage his or her disability. But despite there being a medical reason for his behavior, Cody was not allowed to return to school. He was called to youth court three times in the four months after the incident happened, and was out of school for nearly half that time as he waited to start at a special private school.

Cody is one of thousands of children caught up in the juvenile justice system each year. At least one in three of those arrested has a disability, ranging from emotional disability like bipolar disorder to learning disabilities like dyslexia, and some researchers estimate the figure may be as high as 70 percent. Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population.

…..The vast majority of adults in American prisons have a disability, according to a 1997 Bureau of Justice Statistics survey. Data hasn’t been updated since, but experts attribute the high percentage of individuals with disabilities in the nation’s bloated prison population – which has grown 700 percent since 1970 – in part to deep problems in the education of children with special needs.

In Mississippi and across the country, the path to prison often starts very early for kids who struggle to manage behavioral or emotional disabilities in low-performing schools that lack mental health care, highly qualified special education teachers, and appropriately trained staff. Federal law requires schools to provide an education for kids with disabilities in an environment as close to a regular classroom as possible. But often, special needs students receive an inferior education, fall behind, and end up with few options for college or career. For youth with disabilities who end up in jail, education can be minimal, and at times, non-existent, even though federal law requires that they receive an education until age 21.



PAY TO PLAY CAMPAIGN CONTRIBUTIONS—THAT’S CLEARLY CORRUPTION, SAYS JIM MCDONNELL IN NEW PPOA INTERVIEW

In Part 2 of the 3-part interview series that PPOA Prez Brian Moriguchi has conducted with Los Angeles County Sheriff candidate Jim McDonnell, the candidate talks about personnel issues, like promotion strategies, and other matters that have been subject to corruption at the LASD in the past—plus how he plans to “put the shine back” on the badge “that means the world” to so many officers.


ALSO, SEE REPORT ON WEEKEND FORUM WITH MCDONNELL BY FRANK STOLTZE

KPPC’S Frank Stoltze reports that Jim McDonnell, the frontrunner for Los Angeles County Sheriff, “…is not yet prepared to support subpoena power for a proposed citizen’s oversight panel, although authority watchdogs say is important to reforming the troubled department.”

Read the rest of Stoltze’s report here.

Posted in Board of Supervisors, Courts, Education, elections, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Realignment, School to Prison Pipeline, Sheriff Lee Baca, U.S. Attorney, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

New Program to Help Kids Get to School Safely, Bill to Defer Sentencing on Certain Misdemeanors, No Nationwide Data on Police Shootings, and Celebrating Successful Family Reunifications

September 11th, 2014 by Taylor Walker

CITY ATTORNEY ANNOUNCES PROGRAM TO REDUCE TRUANCY BY HELPING KIDS GET TO SCHOOL SAFELY

Earlier this week, Los Angeles City Attorney Mike Feuer announced an extensive new LAUSD pilot program to combat truancy by ensuring kids have “safe passage” to school.

Often, kids in high-violence neighborhoods don’t feel safe getting to school, so they just don’t go. The Neighborhood School Safety Program (NSSP), launching at four middle schools across the district, will create a “neighborhood school safety attorney” for each school. These attorneys will collaborate with parents and LAUSD administrators to keep kids safe by reducing gun violence and negative environmental factors. A number of parents from each school will also be trained to keep students safe on their walks to and from school.

The San Fernando Valley Post-Periodical’s Matt Thacker has more on the program. Here’s a clip:

A designated “neighborhood school safety attorney” will work with parents and Los Angeles Unified School District administrators to develop plans for improving safety for children who walk to school, reducing truancy, preventing gun violence and reducing environmental threats near schools.

One component of the program includes “safe passage to schools” – a partnership between the City Attorney’s Office, Casa Esperanza and school administrators. Feuer said they are recruiting and training 15 Vista parents to make sure children make it to and from school safely.

A number of other programs have been implemented, including the City Attorney’s Truancy Prevention Program which combats truancy through educational letters, parent and community meetings and enforcement hearings.

“Kids need to know they can be safe in school so they will go to school,” Feuer said. “School truancy issues are very important to all of us. We need our kids to stay in school.”

The neighborhood school safety attorney also organizes a “parent safety cadre” which educates parents how to address safety issues near schools. Following a recent meeting on tobacco enforcement, a parent contacted a local store which was selling e-cigarettes to minors, and the store’s owners agreed to stop the illegal practice immediately, according to Feuer.

A gun violence prevention coordinator will work with the Los Angeles Police Department to check that people who live near the schools and are not allowed to own or possess guns do not have firearms or ammunition. A multi-agency task force called “Los Angeles Strategy Against Violent Environments near Schools” began conducting compliance checks on parolees, probationers and registered sex offenders who reside near schools. On Aug. 12, nine felony arrests were made in an operation near Vista, while five children were removed from unsafe environments.


BILL WOULD ALLOW JUDGES TO GIVE SECOND CHANCES ON FIRST-TIME MISDEMEANOR OFFENSES

A new pilot program awaiting Gov. Jerry Brown’s signature, AB 2124, would give judges the ability to defer sentencing for certain first misdemeanors, allowing defendants to meet certain criteria to have the case against them dismissed. The defendant would have a year to complete restitution, participate in any required programs, and fulfill any other conditions. If the defendant meets all requirements, they will walk away free of a criminal conviction.

An LA Times editorial urges the governor to sign this smart piece of legislation. Here’s a clip:

Many people convicted of misdemeanors are sentenced directly to probation, especially in counties such as Los Angeles, where jails are crowded and cells are generally held for the most serious criminals. For the offenders, that means they don’t have to lose their jobs or school placements while they sit in jail. But they still end up with criminal records that could hinder their full reintegration into society as law-abiding members.

Some states have recognized that they can do even better by putting probation on the front end. The defendant pleads guilty and complies with various conditions, including monetary restitution, and the judge can opt not to enter the plea or the conviction. At the end of the year, presuming the offender has made amends, he or she is on a better track and winds up with no criminal conviction. If the conditions aren’t met, the conviction is entered and the offender is sentenced.

Hawaii has had a great deal of success with a version of the program. Virginia has its own twist, with some good results.

So how about California? Lawmakers here have slowly — very slowly — come to realize that we convict and lock up too many people for less serious crimes and in so doing put people on a path that limits their chances to move on with a crime-free life.


WHERE’S THE NATIONAL DATA ON OFFICER-INVOLVED SHOOTING NUMBERS?

The federal government does not have keep a comprehensive record of the number of fatal (and non-fatal) shootings by law enforcement officers. Instead, the Department of Justice lets police agencies “self-report” officer-involved shootings. Advocates say the uncollected data keeps law enforcement agencies from creating better policies and practices to lower the number of avoidable deaths.

The Washington Post’s Wesley Lowery has more on the issue. Here are some clips:

Police unions and some law-and-order conservatives insist that shootings by officers are rare and even more rarely unjustified. Civil rights groups and some on the left have just as quickly prescribed racial motives to the shootings, declaring that black and brown men are being “executed” by officers.

And, like all previous incarnations of the clash over police force, the debate remains absent access to a crucial, fundamental fact.

Criminal justice experts note that, while the federal government and national research groups keep scads of data and statistics— on topics ranging from how many people were victims of unprovoked shark attacks (53 in 2013) to the number of hogs and pigs living on farms in the U.S. (upwards of 64,000,000 according to 2010 numbers) — there is no reliable national data on how many people are shot by police officers each year.

The government does, however, keep a database of how many officers are killed in the line of duty. In 2012, the most recent year for which FBI data is available, it was 48 – 44 of them killed with firearms.

But how many people in the United States were shot, or killed, by law enforcement officers during that year? No one knows.

Officials with the Justice Department keep no comprehensive database or record of police shootings, instead allowing the nation’s more than 17,000 law enforcement agencies to self-report officer-involved shootings as part of the FBI’s annual data on “justifiable homicides” by law enforcement.

That number – which only includes self-reported information from about 750 law enforcement agencies – hovers around 400 “justifiable homicides” by police officers each year. The DOJ’s Bureau of Justice Statistics also tracks “arrest-related deaths.” But the department stopped releasing those numbers after 2009, because, like the FBI data, they were widely regarded as unreliable.

[SNIP]

Law enforcement watchdog groups and think tanks say that the lack of comprehensive data on police shootings hampers the ability of departments to develop best practices and cut down on unnecessary shootings.


DCFS HONORS PARENTS WHO TURNED THEIR LIVES AROUND TO GET THEIR KIDS BACK

The Los Angeles Department of Children and Family Services has faced intense scrutiny since the horrific and preventable death of 8-year-old Gabriel Fernandez. But the department does have triumphs, including many successful and safe family reunifications.

On Tuesday, DCFS held its fifth annual Family Reunification Heroes ceremony to celebrate reunited families and honor the parents who turned their lives around to win their children back.

LA Daily News’ David Montero has the story. Here’s how it opens:

On a clear night four years ago, Angel Ramirez got ready to sleep in a parking lot again. Homeless, strung out from years of heroin use, he thought this — after years of hitting bottom — was, in fact, rock-bottom.

He was alone. Broke and broken. His sister didn’t talk to him anymore, his children hardly knew him sober, and the weight of shame he carried on that patch of hard asphalt in East Los Angeles seemed to prove it was the lowest point in his life.

Ramirez said he just looked up into the dark sky and cried out.

The memory was fresh Tuesday when he recalled the gang ties, the jail time and the hopelessness. He stood up — sober since 2010 — and thanked Los Angeles County Department of Children and Family Services officials who helped him start to get his life back.

And his children back.

Ramirez, 49, of Los Angeles, joined three other parents honored at the Los Angeles County Board of Supervisors meeting as DCFS officials marked the fifth annual celebration called Family Reunification Heroes. Each parent, who had been chosen from a board member’s district, received a scroll and a picture with a board member.

Posted in City Attorney, DCFS, Edmund G. Brown, Jr. (Jerry), LAUSD, Sentencing, Youth at Risk | No Comments »

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

July 11th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[SNIP]

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


COMBATTING CHILDHOOD TRAUMA IN A DISADVANTAGED NEIGHBORHOOD

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

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

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

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

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

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

[SNIP]

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

[SNIP]

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


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

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

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

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

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

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

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

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

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

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

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

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

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

Sen. Rand Paul and Cory Booker Team Up on Criminal Justice Reform…Filmmaking for Disadvantaged Kids…ACLU Sues Over Lack of Representation for Immigrant Kids…and More

July 10th, 2014 by Taylor Walker

CRUCIAL BIPARTISAN JUVENILE AND CRIMINAL JUSTICE REFORM BILL

On Tuesday, the unlikely combination of Senators Rand Paul (R-KY) and former mayor of NJ, Cory Booker (D-NJ), reached across the aisle to introduce an important, and far-reaching criminal justice reform bill. The REDEEM Act would give states incentives to raise the age of criminal responsibility to 18-years-old, and ban the use of solitary confinement on kids except in extreme circumstances.

The bill would also expunge the records of kids under 15 who have committed non-violent crimes, and seal the records of kids between the ages of 15-17, as well as create a “path” for non-violent adult offenders to petition to have their records sealed.

REDEEM would also lift the bans on federal welfare for low-level drug offenders.

Here’s a clip from Sen. Rand Paul’s website:

The REDEEM Act will give Americans convicted of non-violent crimes a second chance at the American dream. The legislation will help prevent youthful mistakes from turning into a lifetime of crime and help adults who commit non-violent crimes become more self-reliant and less likely to commit future crimes.

“The biggest impediment to civil rights and employment in our country is a criminal record. Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration. Many of these young people could escape this trap if criminal justice were reformed, if records were expunged after time served, and if non-violent crimes did not become a permanent blot preventing employment,” Sen. Paul said.

“I will work with anyone, from any party, to make a difference for the people of New Jersey and this bipartisan legislation does just that,” Sen. Booker said. “The REDEEM Act will ensure that our tax dollars are being used in smarter, more productive ways. It will also establish much-needed sensible reforms that keep kids out of the adult correctional system, protect their privacy so a youthful mistake can remain a youthful mistake, and help make it less likely that low-level adult offenders re-offend.”


LA FILM PROGRAM FOR UNDERPRIVILEGED TEENS AND YOUNG ADULTS

A film program through Southern California Crossroads empowers underprivileged teens and young adults in LA by teaching them the art of filmmaking.

Crossroads, a non-profit with other education reentry services, partners with the Tribeca Film Institute in NY and St. Francis Medical Center in Lynwood to give teens, who often feel unheard, a voice, and a medium for tackling difficult issues.

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

As a child, Darlene Visoso tried to protect herself from the harsh words she endured from her father’s girlfriend by shutting off her emotions.

Until her early years of high school, she dealt with her pain, anger and insecurity by ignoring her feelings.

“I kind of went into a phase where I was like, what’s the point of feeling? What’s the point of laughing if you’re going to cry? What’s the point of crying if it’s non-ending emotion?” she said.

Though the girlfriend and her father have since split up, Darlene, now 17 and a recent graduate of South Gate High School, made a short film about her experiences titled “Learning to Feel.” She wrote it and played a part, starring as a girl who must learn to express her emotions after the death of her best friend.

The film was created through one of several programs run by Southern California Crossroads, a nonprofit group that aims to help underprivileged youths in violence-plagued communities. The film program, in partnership with the New York-based Tribeca Film Institute and St. Francis Medical Center in Lynwood, allows students to confront social issues in their communities and their lives.

The topics addressed in the short films include such things as bullying, gun and gang violence, acceptance and self-identity. Saul Cervantes, a teacher with Crossroads, said filmmaking gives students a way to communicate.

“They feel like whatever they go through, they have to say it’s not really important,” he said. “This gives us an opportunity to show them a way to have a voice.”

Crossroads was formed in 2005 to help youths avoid violence, intervene in crisis situations and provide reentry services for those with criminal records. Although the heart of the program is education and employment, Crossroads offers mentoring, case management, tattoo removals and the film program.

It serves 18- to 24-year-olds who have dropped out of high school or have a criminal background…

Read on.


ACLU AND OTHERS SUE FEDS FOR NOT PROVIDING ATTORNEYS TO KIDS IN DEPORTATION HEARINGS

On Wednesday, the SoCal ACLU (and other groups) filed a class action law suit against the federal government on behalf of thousands of immigrant kids being shuffled through immigration court proceedings without any legal representation. The SoCal ACLU is joined by American Immigration Council, Northwest Immigrant Rights Project, Public Counsel and K&L Gates LLP in the suit.

Here are some clips from the ACLU of Southern California’s website:

Each year, the government initiates immigration court proceedings against thousands of children. Some of these youth grew up in the United States and have lived in the country for years, and many have fled violence and persecution in their home countries. The Obama administration even recently called an influx of children coming across the Southern border a “humanitarian situation.” And yet, thousands of children required to appear in immigration court each year do so without an attorney. This case seeks to remedy this unacceptable practice.

“If we believe in due process for children in our country, then we cannot abandon them when they face deportation in our immigration courts,” said Ahilan Arulanantham, senior staff attorney with the ACLU’s Immigrants’ Rights Project and the ACLU Foundation of Southern California. “The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone.”

[SNIP]

Kristen Jackson, senior staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, added, “Each day, we are contacted by children in desperate need of lawyers to advocate for them in their deportation proceedings. Pro bono efforts have been valiant, but they will never fully meet the increasing and complex needs these children present. The time has come for our government to recognize our Constitution’s promise of fairness and its duty to give these children a real voice in court.”

The complaint charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review and Office of Refugee Resettlement with violating the U.S. Constitution’s Fifth Amendment Due Process Clause and the Immigration and Nationality Act’s provisions requiring a “full and fair hearing” before an immigration judge. It seeks to require the government to provide children with legal representation in their deportation hearings.


BUT WILL THE LAWSUIT CAUSE FURTHER DELAYS IN IMMIGRATION PROCEEDINGS THAT COULD ALSO BE HARMFUL TO SOME OF THESE KIDS?

EDITOR’S NOTE: The LA Times’ Hector Becerra has a story that questions whether the ACLU lawsuit will help or harm, pointing out that it will likely cause further delays in an already grossly overburdened system. Becerra’s story makes some interesting and valid points. Many kids who are here without documents are going to be repatriated no matter what, and the requirement for representation will likely only slow down an already glacial process.

But what of the kids who have legitimate reasons to ask for asylum or who have other extenuating circumstances that genuinely should be considered? Will their cases be adjudicated fairly by swamped judges if they don’t have the benefit an advocate? They are, after all, children. Will they get due process if they are their own sole representatives?

This is a complex matter, where there may be no perfect answer. But legal representation is an important tenet of our justice system. Let us not be too quick to dismiss the call for it for immigrant children simply because it may turn out to be inconvenient.


SENTENCING REFORM AND PUSHBACK FROM PROSECUTORS

NPR’s Morning Edition takes a look at the red states that are leading the pack on sentencing reform—Louisiana, in particular—and opposition from local prosecutors via plea bargain tactics. (As for California, we are sorely in need of sentencing reform.)

Here are some clips from the transcript, but do go listen to the episode:

Some red states like Louisiana and Texas have emerged as leaders in a new movement: to divert offenders from prisons and into drug treatment, work release and other incarceration alternatives.

By most counts, Louisiana has the highest incarceration rate in the country. In recent years, sentencing reformers in the capital, Baton Rouge, have loosened some mandatory minimum sentences and have made parole slightly easier for offenders to get.

But as reformers in Louisiana push for change, they’re also running into stiffening resistance — especially from local prosecutors.

It’s all happening as the number of Americans behind bars has started to decline. There are multiple reasons for that, including crime rates that have been dropping since the 1990s, as well as the impact of the Supreme Court’s 2011 requirement that tough-on-crime California reduce its prison population.

And there’s another factor: a growing bipartisan consensus for sentencing reform. Local politicians are getting political cover for those efforts from conservative groups like Right on Crime.

“It is a growing consensus on the right that this is the direction we want to be going,” says Kevin Kane, of the libertarian-leaning Pelican Institute for Public Policy in Louisiana. “Most people will point to, ‘Well, it’s saving money, and that’s all conservatives care about.’ But I think it goes beyond that.”

Kane says libertarians are interested in limiting the government’s power to lock people away, while the religious right likes the idea of giving people a shot at redemption — especially when it comes to nonviolent drug offenders.

Still, not everyone is embracing these ideas. In some places, there’s been considerable pushback — especially when the idea of eliminating prison time for drug offenders arises.

In Lafayette, La., the sheriff’s department has reinvented its approach to drug offenders. Marie Collins, a counselor by trade, runs the department’s treatment programs. She estimates at least 80 percent of the people in the parish jail got there because of substance abuse.

“The concept of, ‘Let’s lock them up and throw away the key,’ does nothing for society and does nothing for us, because you haven’t taught them anything,” she says.

So there’s counseling offered inside this jail. The sheriff’s staff is also constantly scanning the jail’s population for nonviolent inmates it can release early into the appropriate programs on the outside.

One option is the Acadiana Recovery Center right next door, a treatment program run by Collins and the sheriff’s department — though the staffers play down their connection to law enforcement. In fact, you can seek treatment there even if you’ve never been arrested.

“If we can be proactive and provide the treatment before they get to jail, it’ll actually cost us less money,” Collins says.

Arguments like that are making headway at the state level. But reformers in Baton Rouge are also experiencing pushback. By most counts, the state has the highest incarceration rate in the country, and there’s a traditional preference for long sentences.

[SNIP]

The vast majority of criminal cases in America are resolved through plea bargains. Defendants plead guilty out of fear of getting a worse sentence if they don’t. Plea bargains jumped above 90 percent in the 1980s and ’90s, in part because a wave of harsh new sentences for drug offenses strengthened prosecutors’ hands when bargaining with defendants.

“For a DA to have the ability to dangle over someone’s head 10, 20 years in jail, that provides them with tremendous leverage to pretty much get whatever they want,” says Louisiana State Sen. J.P. Morrell, a Democrat from New Orleans and former public defender.

Posted in ACLU, juvenile justice, Sentencing, solitary, The Feds, Uncategorized, Youth at Risk | No Comments »

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

July 1st, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

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

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

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

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

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

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

….and without a verdict.


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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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