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LA Sheriff McDonnell, LAPD Chief Beck, CHP’s Farrow and More Meet with Religious Leaders for Post-Ferguson Conversation

March 19th, 2015 by Celeste Fremon



On Tuesday afternoon, Los Angeles County Sheriff Jim McDonnell
, LAPD Chief Charlie Beck and a cluster of other LA law enforcement figures got together with around two dozen local religious leaders for a two-hour, no-press-allowed post-Ferguson chat in the hope that everyone might speak candidly about the tensions between law enforcement and the communities they serve.

The meeting, which took place on the 8th floor of the newly renovated Hall of Justice, on Temple Street in downtown LA, was the inaugural event for the historic building.

Judging by what WitnessLA was able to gather as everyone was dispersing, most came away with the feeling that some real and relevant things had been said. Moreover, everybody wanted to do it again.

“We don’t want to have this be one-and-done,” said Sheriff McDonnell when we spoke after the event. The idea was to build ongoing relationships, he said.

The gathering was billed as being co-hosted by McDonnell, Beck and CHP Commissioner Joe Farrow. District Attorney Jackie Lacy, LA City Attorney Mike Feurer, and Acting U.S. Attorney Stephanie Yonekura were also on hand.

But, it was clearly an LASD-organized affair. Still everyone had reportedly had things to say—a lot of it straight talking from both the faith leaders and the cops. “It was not a booster club,” said McDonnell.

Interestingly, the faith leaders didn’t just raise issues with law enforcement, they also spoke frankly to each other. One issue in particular that reportedly caused discussion, according to those present, was the necessity of the clergy to engage when there is a police/community problem “not Just read about it.”

On this topic, one pastor reportedly said, ‘It breaks my heart that [when something happens] we close the doors of he churches.”

Another subject that caused much discussion was the religious leaders’ acknowledgement that affluent communities tend to view—and experience—the police very differently than do lower income communities

McDonnell and Beck both talked about interaction with the clergy as a being “critical piece of community policing.” They also spoke of the need to bring what occurred on Tuesday, “to the station level,” said McDonnell, for the LASD and the LAPD.

Community oriented policing is not something law enforcement agencies should do on the side or merely to appease critics,” he said. “Rather, a focus on community oriented policing ensures law enforcement is viewed by the community as legitimate.”

“We are very fortunate in this community to have law enforcement leadership that recognizes and understands the importance of strengthening community relations,” said Reverend Chip Murray, in a pre-meeting statement. “This timely event will help us build upon the strong foundations that already exist and enable us to do even more, working together.”

A pastor from Compton, who was leaving just as WLA arrived, pronounced the meeting, “Good. Very good.” Things were said that needed to be said, he told me. “And that’s a very good thing.”

Posted in Charlie Beck, City Attorney, District Attorney, Jim McDonnell, LAPD, LASD, law enforcement, U.S. Attorney | 19 Comments »

A Tale of Planted Guns & Rogue Sheriff’s Deputies

March 19th, 2015 by Celeste Fremon



In this week’s LA Weekly, reporter Gene Maddaus writes about how a marijuana dispensary’s surveillance video
and an allegedly-planted handgun may have finally led the Los Angeles Sheriff’s Department and the LA District Attorney’s office to pay attention to the actions of a cluster of rogue LASD deputies.

The story pertains specifically to a deputy clique known as the Jump Out Boys, the existence of which was first reported by the LA Times. The clique drew its members from within the ranks of Operation Safe Streets (OSS), the gang investigation unit within the department.

Two years ago, in February 2013, after news of the clique’s existence became a larger and larger story, the LASD under Sheriff Baca fired seven of the Jump Out Boys, ostensibly for “belonging to a secret law enforcement clique that allegedly celebrated shootings and branded its members with matching tattoos,” and related conduct unbecoming. The information that Maddaus has uncovered, however, suggests that the firings may have had more to do with straight-up criminal behavior—and that there may be more such behavior that has yet to come to light.

Here’s a clip from the story. As we are coming into the tale in its middle, you need to know that both “Martinez” and “Paez” are Jump Out Boys. “Yang,” is a young man who works at the Superior Herbal Health marijuana clinic.

Martinez was one of the clique’s “shot callers,” according to a sheriff’s source. He would later write a three-page narrative of the events of that day. His report would help generate two sets of criminal charges — first against Yang and then, when discrepancies emerged, against himself.

According to Martinez’s report, he and Paez were driving along 84th Place when they saw a black man exit a building. The report states that the man appeared to engage in a hand-to-hand drug transaction with another man. When the first man saw the officers, the report states, he reached into his pocket and pulled out what looked like the butt of a handgun.

The man — later identified as Antonio Rhodes, who’s a barber working in Long Beach — ran back into the building. Martinez got out of his car and tried to chase him, but the door was locked. Martinez wrote in his report that he could smell marijuana. He demanded that the door be opened, then ran to the side of the building.

The report says that, through an open window, Martinez could see Rhodes inside and witnessed him stash something next to a white trash can. Martinez returned to the front of the building and pounded on the door some more. Finally it opened.

He and Paez went inside, where they found a small waiting room full of people. There was no signage outside, and it was only then, the report states, that they realized they were in a dispensary. They ordered everyone out.

Another locked door led to a display room. Again, Martinez demanded that the door be unlocked. Once inside, he ordered the employees to exit with their hands up.

Martinez wrote that he could see “large amounts of marijuana in every room” and that they did a “protective sweep” of the building — finding three black handguns. Martinez’s report states that one was on Yang’s desk, where they also found his ecstasy pills. Then they discovered what the report described as Rhodes’ gun behind the white trash can. It was loaded. When they ran it through their system, it came back unregistered.

Read on for a story of false charges, and what appears to be the planting of two guns.…and more.

Posted in LASD, Medical Marijuana, Paul Tanaka, Sheriff Lee Baca | 10 Comments »

Berkeley’s Waterside Workshops Shows How Building Boats & Fixing Bikes Can Help Kids Fix Themselves – by John Kelly

March 19th, 2015 by Celeste Fremon


EDITOR’S NOTE: For the past two weeks, we’ve published stories from the series by John Kelly for the Chronicle of Social Change, in which WitnessLA is collaborating. Each story in the series takes a look at an individual program that uses a strategy known as Positive Youth Justice in order to help kids who have come in contact with the juvenile justice system.

The first segment we ran explored an Oakland, CA, program that uses a process called community conferencing, which asks lawbreaking kids to confront the effects of their crime.

Then two weeks ago, the series looked at a program in Tarrant County, Texas, that has been successful in helping reboot the lives of kids who, two decades ago, would have been sent to a state-run juvenile lock-up.

Last week, we explored Santa Clara County’s James Ranch.

Today John Kelly’s story profiles a unique, Berkeley-based juvenile reentry program called Waterside Workshops.


This story was produced as a collaborative project with The Chronicle of Social Change.


POSITIVE YOUTH JUSTICE THROUGH BUILDING BOATS & FIXING BIKES

by John Kelly

Rentry is a complicated corner of the juvenile justice system that was neglected for decades. Youths often return to their communities with court-ordered requirements that run up against other constraints related to their incarceration. They may be ordered to attend school, but unable to find a school that will accept them. The plan might require them to seek a job, something that, statistically, a felony record makes difficult.

But other than regular check-ins with probation or parole officers, most systems have very little to offer in the way of reentry programs.

The issue has garnered some attention in the past decade, in no small part due to the Second Chance Act, a federal law passed in 2008 to support local governments and nonprofits in an effort to “reduce recidivism by improving outcomes for people returning from prisons, jails, and juvenile facilities.”

Government reentry programs tend to focus on monitoring and transportation assistance as the young person comes home. In Berkeley, Calif., a small organization called Waterside Workshops goes beyond that for dozens of kids each year using boatbuilding and bicycle repair. Its non-judgmental approach to building job skills, and the open-ended connection between its leaders and participants, sets it apart.

“The personal approach is what makes the difference,” said Waterside co-founder and executive director, Amber Rich. “The kids can spot a faulty pretense a mile away.”


HOW IT STARTED

Rich grew up on a farm in North Carolina, the daughter of two blacksmiths. She studied architecture at North Carolina-Greensboro, and moved to California to pursue a career in 2005.

That year, through mutual friends, she met and began dating Helder Parreira who, at eight-years old, had moved with his family to the United State from the Azores. Parreira has a degree in archaeology from University of California-Berkeley, and had also studied wooden boatbuilding in America and Portugal.

By the time the two met, Rich had grown weary of architecture, and had “always had a strong interest in poverty and its sociological and psychological effects.” Parreira had left archaeology to focus on boatbuilding, and was working part time at a hardware store.
Both Rich and Parreira were descended from families who worked the land and built for themselves. They found commonality in the idea of starting a vocational training program for youths who were interested in physical labor.

In 2006, they got a small grant from the City of Berkeley to start up Waterside. The two found adequate space in Aquatic Park, a piece of land near the brackish mix of rain runoff and tidal water that flows from the Bay through barnacle-encrusted tubes, smacked up against Interstate 80.

By 2007, relying mostly on an army of volunteers, Rich and Parreira launched the organization.
Waterside began with one business: Berkeley’s Boat Shop, which operates boatbuilding classes and, on the weekend, rents boats to folks looking for a lazy day on the water.

“Once you learn how to build a boat, other stuff comes naturally,” said Parreira, who operates the boat shop. “Building a boat gives you tools that can be used anywhere in life.”

La Cheim School in Richmond, a nonprofit providing education and mental health services to mostly court-appointed youths, agreed to refer some of their students to Waterside, and continues to do so.

Waterside has since expanded to include Street Level Cycles, a bike repair shop, and two years ago Rich and Parreira opened up the Waterside Café.


HOW IT WORKS

Youths between 14 and 24 arrive as candidates for a three-month internship at Waterside.

Not everyone referred to Waterside is reentering from a juvenile lock-up, Rich said, though many have spent at least some time in juvenile hall.

Interns are scheduled for three days each week for between 10 and 15 hours, and begin by simply shadowing staff and some of the program’s senior interns. Their schedules are set with expectations about performance and punctuality, but not with the real-world threat of termination. For many of Waterside’s interns, this is the first job they’ve ever had.

“If an issue comes along, we work with them,” Rich said. “I’m having a health issue, my cousin got shot, etcetera…we want them to feel comfortable bringing it all up.”

Read the rest of this entry »

Posted in juvenile justice, Positive Youth Justice | No Comments »

Child Welfare Czar Update, Sen. Cory Booker Interview, a Coroner’s Inquest, and Henry Solis

March 18th, 2015 by Taylor Walker

MOVING FORWARD WITH THE OFFICE OF CHILD PROTECTION: TRANSITION TEAM STEPS BACK

After months of delays (and a little foot-dragging by the LA County Board of Supervisors), the transition team charged with preparing the way for the county’s new Office of Child Protection was able to relinquish control to the new interim child welfare czar, Fesia Davenport.

The co-chair of the transition team, Dr. Mitchell Katz, introduced the motion to have the team tear down shop.

Fesia Davenport, the new czar, (a former Chief Deputy Director of the Department of Children and Family Services) is already off to a productive start.

The Chronicle of Social Change’s Christie Rennick has the story. Here’s a clip:

Fesia Davenport, the interim director of the Office of Child Protection, took office on February 2, at which point the transition team appeared to loosen its grip on the implementation process, meeting only once that month and submitting a written progress report to the Board of Supervisors rather than appearing in person.

“She [Davenport] is espousing everywhere she goes that her role is to implement the recommendations from the Blue Ribbon Commission and ensure that children are better off in this county,” said Leslie Gilbert-Lurie, co-chair of the transition team. “That’s what we would have hoped for when we finished the work of the blue ribbon commission last year.”

Transition team members extended their willingness to continue to be available to Davenport to share their expertise on specific issues, including education and law enforcement, and generally were optimistic about the transition team coming to an end.

“I think we’ve done great work and I’m so happy the office is up and running,” said Judge Margaret Henry, a member of the transition team. “Fesia [Davenport] has hit the deck running, and I’m just proud of the direction we’re going.”

The inauguration of two new county supervisors and an interim county CEO seemed to reinvigorate county government’s interest in the commission’s reforms in recent months. Supervisor Sheila Keuhl committed to delivering a new child-centric county mission statement around the same time that the county’s interim CEO, Sachi Hamai, moved to establish the Office of Child Protection and hire an interim director.


US SENATOR CORY BOOKER ON CRIMINAL JUSTICE REFORM URGENCY

Last week, Sen. Cory Booker (D-NJ), Sen. Rand Paul (R-KY), Sen. Kirsten Gillibrand (D-NY), and Sen. Dean Heller (R-NV) introduced a first-of-its-kind bipartisan bill to legalize marijuana at the federal level.

The reform-minded Sen. Booker has also introduced (along with Sen. Paul) the REDEEM Act, which would restrict juvenile isolation, allow many youthful non-violent offenders to seal or expunge their records, and lift bans on federal welfare for low-level drug offenders, among other things.

In an interview with Vox’s German Lopez, Booker discusses the immediate need for criminal justice reform, from the war on drugs and racial inequality, to solitary confinement and rehabilitation. Here are some clips:

In my state, blacks are about 13 to 14 percent of the population, but they make up over 60 percent of the prison population.

Remember: the majority of people we arrest in America are nonviolent offenders. Now you’ve got this disparity in arrests, but that creates disparities that painfully fall all along this system.

For example, when you get arrested for possession with intent to sell, you can do it in some neighborhoods where there are no public schools and it’s not as densely packed as an inner city. You do it in an inner city and now you’re within a school zone, so you’re facing even higher mandatory minimums. So when you face that and you get out from your longer term, now you’re 19 years old with a felony conviction, possession with intent to sell in a school zone.

But forget even all of that — if you just have a felony conviction for possession, what do you face now? Thousands of collateral consequences that will dog you for all of your life. You can’t get a Pell Grant. You can’t get a business license. You can’t get a job. You’re hungry? You can’t get food stamps. You need some place to live? You can’t even get public housing.

What that does within our country, especially in these concentrated areas where we have massive numbers of men being incarcerated, is create a caste system in which people feel like there’s no way out. And we’re not doing anything as a society like we know we could do. There are tons of pilot programs that show if you help people coming back from a nonviolent offense lock into a job or opportunity, their recidivism rates go down dramatically. If you don’t help them, what happens is that, left with limited options, many people make the decision to go back to that world of narcotic sales.

What’s more dangerous to society: someone smoking marijuana in the privacy of their own home, or someone going 30 miles over the speed limit, racing down a road in a community? And yet that teenager who makes a mistake — doing something the last three presidents admitted to doing — now he has a felony conviction, because it’s more likely he’s going to get caught. And for the rest of his life, when he’s 29, 39, 49, 59, he’s still paying for a mistake he made as a teenager.

That’s not the kind of society I believe in, nor is it fiscally responsible…

[SNIP]

When you take juveniles, like we do in this country, and put them in solitary confinement — other nations consider that torture — you hurt them and you scar them through your practices. You expose them for nonviolent crimes to often violent people. You expose them to gang activity.

Then you throw them back on our streets. And you tell them, “We’re not going to help you get a job. You want a roof over your head? Forget it. In fact, if we catch you trespassing on public housing authority property, we’re going to take action against you. You’re going to get a Pell Grant, try to better yourself through education? Sorry, you’re banned from getting a Pell Grant.”

What do people do when they feel trapped and cornered by society?


CONSIDERING THE CORONER’S INQUEST AS AN ALTERNATIVE TO A GRAND JURY PROCEEDING

After the grand jury non-indictments for the deaths of Michael Brown and Eric Garner, there has been much public discussion regarding the grand jury process, especially with regard to how the grand jury is handled by local district attorneys.

One possible alternative is a coroner’s public inquest.

Coroners’ inquests crop up here and there across the nation under special circumstances, but only in Montana are coroners actually required to perform an inquest after an officer involved shooting.

The NY Times’ Jack Healy has more on the issue. Here’s a clip:

In most places, the actions of the police officer who fatally shot Kaileb Williams, 20, would have been judged in secret, by an anonymous grand jury weighing criminal charges behind closed doors.

Here, it all played out in the open, during a little-known proceeding called a coroner’s inquest. It unfolded like a miniature trial, with a county coroner presiding in place of a judge, and seven Montana residents questioning witnesses and examining the violent, chaotic path that led Mr. Williams to a deadly standoff with the police on an icy night this past December.

[SNIP]

Inquests do not indict officers or judge guilt or innocence, but lawyers here said they could be useful tools in cities inflamed by police killings. They take place before trials — often before any criminal charges are even filed — and offer a forum to air painful details and talk about disputed facts.

In Pasco, Wash., where the shooting death of a Hispanic orchard worker last month resulted in accusations of bias and cover-ups by the police, the coroner recently announced that he would hold an open inquest to head off “another Ferguson.”

“It helps to come to terms with a traumatic event to go through it in a public way,” said Paul MacMahon, an assistant law professor at the London School of Economics who recently wrote about inquests.

The inquests have the simple aims of officially declaring who was killed and when, but they also have the power to decide whether a killing is justified or a crime — a crucial question when a police officer has pulled the trigger. Whatever their outcome, the decision to file charges still rests with local prosecutors.


LAPD CHIEF FIRES OFFICER SUSPECTED OF POMONA SHOOTING

On Tuesday, LAPD Chief Charlie Beck fired Pomona officer Henry Solis who is missing and suspected of shooting 23-year-old Salome Rodriguez Jr. in a nightclub parking lot on Friday.

The LA Times’ Kate Mather has the story. Here’s a clip:

“Henry Solis failed to meet the minimum standards of the Los Angeles Police Department and has been terminated effectively immediately,” Beck said in a statement.

Earlier in the day, Beck had harsh words for the rookie cop, who has been missing since the fatal shooting occurred early Friday. Pomona police issued a warrant for his arrest Monday.

“If Henry Solis is watching this, you have dishonored this police department, your country and your service to the country, and your family,” Beck said, looking into television news cameras. “And you should turn yourself in and face the consequences for your actions.”

Posted in Charlie Beck, DCFS, LA County Board of Supervisors, LAPD | 8 Comments »

Prop 47 and Drug Courts, Ex-lifers Mentor Each Other, Prosecutorial Power, and Young Cops and Use of Force

March 17th, 2015 by Taylor Walker

WHY PROP 47 DRASTICALLY REDUCES USE OF DRUG COURTS …AND POSSIBLE SOLUTIONS TO THE PROBLEM

Before Proposition 47 reduced many low-level property and drug-related felonies to misdemeanors, drug courts were a place where people charged with drug crimes could avoid a felony conviction and time behind bars if they completed a rehabilitation process. Those who completed drug court requirements had a much lower chance of reoffending than than if they had instead served out a sentence.

But these drug courts were intended for those who committed felony drug offenses. Because the maximum sentence for a misdemeanor is one year, there is not as much incentive to apply for drug court, or to finish it out, once enrolled.

In LA County, drug court applications are 50% lower than pre-Prop 47 numbers.

There may be ways to resolve this problem, however.

KPCC’s Rina Palta has the story. Here are some clips:

[A former public defender involved with L.A.'s drug courts, Mark] De Wit believes expanding eligibility for drug court could be the answer. And – for those who fail, a gentler sentence at county jail instead of prison.

Another proposal from Loyola Law Professor Eric Miller, include more serious felonies.

Miller admits however that there’s little political appetite for such a move locally, and it would be complex determining who would respond best to different kinds of treatment.

Miller adds that one of the shortcomings of the program already is that drug courts don’t engage in sophisticated enough screening process to weed out people who won’t succeed.

That very quandary has left many who work in this field with complicated feelings. De Wit, for instance, voted for the proposition, but simultaneously criticizes what it has done to drug courts.

And the California District Attorney’s office says a new policy is in the works that will change the qualifications for entering drug court.


FORMER LIFERS MENTOR FORMER LIFERS IN A FOUR-CITY CALIFORNIA PILOT PAROLE PROGRAM

KQED’s Scott Shafer visited a pilot support group in San Francisco through which paroled ex-lifers mentor each other. The participants discuss things like guilt and responsibility, as well as how to live successfully on the outside after spending decades behind bars.

This particular parole program is also being piloted in Los Angeles, as well as Pomona and Sacramento, with hopes to expand with the goal of helping the more than 2,100 paroled ex-lifers in California stay out of prison.

Shafer has more on the program for KQED’s California Report. Here’s a clip:

This meeting is a support group, an experimental peer mentoring program. It’s voluntary and those who come share practical advice, like tips on looking for work and dealing with one “no” after another from employers who just aren’t willing to take a chance on hiring an ex-felon.

One of the men, Steve Monger, said the last thing he wanted to do was work in a fast-food joint. But the rejections kept piling up.

“So me and another lifer, we just went in, we was honest with the guy,” Monger said. “We said we recently got out of prison. I was in 27, he was in 25, and we want a job. We’ll be here on time, we’ll work hard for ya. We don’t steal from ya. We don’t do drugs. You ain’t gotta worry about us. You call us, we’ll be here.”

Taco Bell hired them both. They’ve been working there five months.

Now let’s be clear here — there are plenty of inmates serving life sentences with the possibility of parole who will never, or should never, get out. It’s just too risky. They’re sociopaths, or they don’t show any remorse for what they did.

But over the past few years I’ve interviewed quite a few lifers — in and outside prison. And I’m always surprised at how thoughtful and reflective they are — especially given what they did to land them in prison.

Like Alisha Nolan Taplett. She was living in Sacramento when she got behind the wheel of a car with some friends out to settle a score.

“I was just looking at myself as the driver in the beginning,” she admitted. “Well, I didn’t kill anybody. But at the end of the day and every day, I still have to remind myself if it hadn’t been for me driving that vehicle, that young woman could still be alive.”

I asked Taplett what she’d say to a young person today who finds himself or herself in a situation where they’re being asked to drive a getaway car.

“If someone asks you to drive a car and you know that a homicide is going to take place, maybe you should pick up the phone and call 911,” she said without hesitation. “But that’s one of the things that we fail to do in our communities as well, because we don’t want to be labeled as that snitch. If I don’t save that person’s life by dialing 911, at least I know I tried.”


FOUR WAYS PROSECUTORS CAN MAKE BETTER USE OF THEIR VAST DISCRETIONARY POWER

In an op-ed for the Marshall Project, Brian Elderbroom, senior research associate at the Justice Policy Center at the Urban Institute, and Lauren-Brooke Eisen, senior counsel at Brennan Center’s Justice Program, lay out four reform-minded changes prosecutors can make to the way they wield their prosecutorial authority. (Instead of this way, and this way, for instance.) – links

Here are some clips:

Considering that crime has declined significantly, with violent crime falling by almost half since its peak in 1991, do prosecutors still need the leverage of mandatory minimums and long sentences for even the least serious felony offenses? To what extent have prosecutorial practices contributed to the high incarceration rates that are rallying Democrats and Republicans alike to seek alternatives to prison?

[SNIP]

Campaign rhetoric should more closely match the national dialogue. Based only on DA elections, one wouldn’t know that crime was at historic lows or that members of both political parties are advancing policy reforms that aim to reduce incarceration. Prosecutors still regularly tout their success at securing the longest prison sentences and rarely campaign on the number of people they helped get treatment or avoid harmful incarceration. Instead of promising to pursue increasingly punitive policies, and then advocating for them in state legislatures, prosecutors should focus on expanding proven crime-prevention strategies.

Rather than trying to secure convictions and long sentences, prosecutors should focus on reducing recidivism and overall harm to the community. There is evidence that putting people in prison for longer than necessary can actually increase their propensity to commit crimes. There is also a growing body of research that suggests we have reached a point of diminishing returns with regards to incarceration and that additional increases to imprisonment rates will have no impact on public safety. According to a recent report from the Brennan Center for Justice, prison expansion since 2000 had effectively zero impact on crime rates. Prosecutors are uniquely positioned to create opportunities to improve public safety while also reducing the nation’s incarceration footprint…

States and the federal government should require prosecutors to provide data on their charging, plea bargaining, and sentencing decisions. One way to ensure this outcome is for Congress to incentivize states to participate in a national prosecutor reporting program…


YOUNG OFFICERS USE FORCE, INCLUDING DEADLY FORCE, MORE OFTEN THAN OLDER COPS

There is a growing body of research indicating that younger officers are more likely to be involved in shootings and other uses of force.

The officers who killed Michael Brown, Darren Thomas, Eric Garner, and Tamir Rice were all in their twenties.

A number of law enforcement veterans and experts argue that recruitment ages should be raised, and that officer training should be tailored to the individual, and include stress-management instruction.

Buzzfeed’s Mary Ann Georgantopoulos has this story we didn’t want you to miss. Here’s a clip:

The risk of officer-involved shootings drops as officers age, according to a study conducted by James P. McElvain, formerly of the Riverside County Sheriff’s Department and Loma Linda University and Augustine J. Kposowa of the University of California, Riverside.

The data used in that 2008 study, published in Criminal Justice and Behavior, was collected from McElvain’s department, the 44th largest law enforcement agency in the country at the time. The results match what two researchers found in a 2007 study, published in the same journal, that found that incidents in which officers employ verbal and/or physical force diminished with each year of experience gained by the officer.

Researchers told BuzzFeed News they are not surprised that officers who use excessive, and sometimes lethal, force are young. Studies conducted by academics and police departments alike said age is a factor — one of many, but still a factor — in an officer’s use of deadly force.

Experts who have researched the issue said most people in their young adulthood — from ages 18 to 29 — haven’t developed full maturity of judgment to make, as the Justice Department called it in the Brown shooting analysis, “split-second judgements in circumstances that are tense, uncertain, and rapidly evolving.” (Federal investigators cleared Wilson of criminal wrongdoing this week, calling his account “credible,” but found evidence of discriminatory policing throughout the Ferguson Police Department.)

And police orientations do little to address the emotional needs of future police officers. Across the country, police training includes little to no guidance on the psychological and emotional aspects of using force and stress management, said Maria Haberfeld, chair of the Department of Law, Police Science, and Criminal Justice Administration at John Jay College.

“We place a great deal of responsibility” on young officers, said Tom Nolan, a retired 27-year veteran of the Boston Police Department and current professor of criminology at Merrimack College.

Nolan, who became an officer when he was 22 years old in 1978, said he was overwhelmed when he began the job. “I in no way had the requisite maturity and wisdom,” he said. “I had never held a gun before. It’s a dirty little secret that we’re hiring police officers too young.”

“I was in over my head,” he said about his start. “The tendency for someone that is overwhelmed or fearful is to react with excessive force, and I say that from personal experience.”

Posted in law enforcement, prison, Prosecutors, psychology, Reentry, Rehabilitation | 4 Comments »

DOJ Picks Stockton for Community Policing Pilot, Dorsey Nunn, Pasadena Police Misconduct Audit, and Fullerton’s Homeless Liaison Unit

March 16th, 2015 by Taylor Walker

STOCKTON, CA ONE OF SIX CITIES TO PILOT DOJ’S COMMUNITY POLICING INITIATIVE

Hours after the shooting of two Ferguson officers late last week, the Department of Justice announced the first six pilot cities to take part in the National Initiative for Building Community Trust and Justice, a program meant to help build better relationships between cops and the communities they serve.

The pilot cities included Stockton, California, as well as Minneapolis, MN, Birmingham, AL, Fort Worth, TX, Gary, IN, and Pittsburgh, PA.

Each city will assess their current police-community relations, and apply strategies focusing on implicit bias, procedural justice, and racial reconciliation.

The process will be guided by a panel of criminal justice professionals, experts, and faith-based groups, and advocates, and includes a three-year grant to the John Jay College of Criminal Justice, as well as Yale Law School, UCLA’s Center for Policing Equity, and the Urban Institute.

The Stockton Record’s Jason Anderson has more on the initiative as it relates to Stockton. Here’s a clip:

“The Stockton Police Department is excited that we have been selected as one of six cities to be part of this national initiative,” Stockton Police Chief Eric Jones said. “The men and women of the Stockton Police Department are very committed to building police/community trust within our community.”

City Manager Kurt Wilson lauded Stockton’s selection as a pilot site and praised Jones, who has created a number of community outreach initiatives aimed at easing tensions following a rash of officer-involved shootings in recent years.

“Chief Eric Jones is one of the most respected law enforcement leaders in the country,” Wilson said. “He has been fully engaged locally, statewide and nationally. We are thankful for his leadership, and by his team joining this initiative, we feel it will boost these leading-edge efforts, because some of his evidence-based strategies that are already under way fit into this model.”

[SNIP]

…the program will highlight three areas that hold great promise for concrete, rapid progress: racial reconciliation, procedural justice and implicit bias.

The racial reconciliation component is described as the facilitation of frank conversations between minority communities and law enforcement that allow them to address historic tensions, grievances and misconceptions between them.

The procedural justice element will focus on how the characteristics of law enforcement interactions with the public shape the public’s views of the police, their willingness to obey the law and actual crime rates.

The implicit bias aspect of the initiative will focus on how largely unconscious psychological processes can shape authorities’ actions and lead to racially disparate outcomes even where actual racism is not present.

Pilot sites were chosen based on a list of factors such as geographic diversity, jurisdiction size, ethnic and religious composition, and population density. Also considered were each site’s history of social tensions, level of violence, economic conditions, police department size and historical strategies for addressing procedural justice, implicit bias and racial reconciliation at the local level.


A FORCE TO BE RECKONED WITH: DORSEY NUNN, FROM INMATE TO A CRIMINAL JUSTICE ADVOCATE

Once drug-addicted and sentenced to life with the possibility of parole for being involved in a fatal armed robbery, Dorsey Nunn, is now the co-founder of All of Us or None and executive director of Legal Services for Prisoners With Children in San Francisco. Through these platforms Dorsey takes on monumental projects like fighting jail expansions, solitary confinement, and (successfully) pushing for “ban-the-box” legislation.

The LA Times’ Lee Romney has Dorsey’s remarkable story. Here are some clips:

A decade ago, All of Us or None scored its first victory when Nunn and dozens of others filled the chambers of the San Francisco Board of Supervisors to demand that the box on city employment applications that asks about felony convictions be removed and the question saved for later in the hiring process.

San Francisco’s successful “ban the box” ordinance was the first in the nation, cementing the city’s ultra-left reputation and changing Nunn’s life.

He now had a voice in a debate upon which public safety and billions of taxpayer dollars hinged — one that ignites emotions over such primal questions as retribution versus redemption.

All we wanted was to have a job, be skilled, be trained and be ethical.

Susan Burton, executive director of A New Way of Life, which provides housing to formerly incarcerated women
The California District Attorneys Assn. was among opponents of statewide ban-the-box legislation in 2013, saying “all this bill will do is ensure that local agencies waste public time and resources” screening applicants who “will almost certainly be rejected” once their criminal histories are known.

But the statewide ban also passed, and Nunn is now regularly consulted by national civil rights groups and policymakers. Ban-the-box legislation has been passed in 96 cities and counties and in 13 states led by Republicans and Democrats alike, according to the National Employment Law Project. (Applications for jobs where criminal history is relevant — such as child care or law enforcement — are exempted.)

The voices of those who know the criminal-justice system from the inside have been “absolutely essential,” said Michelle Rodriguez, a senior staff attorney with the employment law project.

The movement dates to March 2003, when Nunn helped convene a crowd of about 40 formerly incarcerated men and women at Oakland’s Center for Third World Development.

They spoke for many: 70 million Americans have an arrest or conviction record, and 725,000 are released yearly from prison to communities where laws, regulations and private sector practices curtail their access to employment, housing, education and even the vote.

“All we wanted was to have a job, be skilled, be trained and be ethical,” recalled Susan Burton, 63, executive director of Los Angeles-based A New Way of Life, which provides housing to formerly incarcerated women and oversees a Southland All of Us or None chapter.

Priorities were listed on butcher paper: jobs, housing, family reunification. “Ban the box” came first.

The group would take its name from a Bertolt Brecht poem.

Slave, who is it who shall free you?/Those in deepest darkness lying,/Comrade, these alone shall see you,/They alone can hear you crying./Comrade only slaves can free you./Everything or nothing. All of us or none.

Thanks in part to All of Us or None’s amateur lobbyists, bills recently signed into law in Sacramento forbid the shackling of pregnant women, remove the prohibition on food stamps for California recipients with drug felonies, and ban the box from all state and local government applications. San Francisco extended ban-the-box practices to private employers and affordable housing, and efforts are underway to expand the ban in Los Angeles and Long Beach.


AUDIT FINDS MISCONDUCT IN PASADENA POLICE DEPARTMENT, NOT ENOUGH TRAINING, OVERSIGHT

An independent audit of the Pasadena Police Department from 2005-2009 found that homicide detectives at the Pasadena Police Department were undertrained and under-supervised, and used questionable interrogation tactics among other misdeeds.

The city requested the audit after the dismissal of a 2007 homicide case during which detectives allegedly threatened and coerced witnesses and withheld evidence.

The audit will be presented to the City Council’s Public Safety Committee today (Monday).

Pasadena-Star News’ Sarah Favot has more on the audit. Here’s a clip:

“Some officers were allowed to operate extremely close to the line of legality with little or no visible oversight from supervisors who either knew or clearly should have been aware of their subordinates’ actions,” the audit said. “These supervisors had a responsibility to the department, their subordinates and the people of Pasadena to correct theses deficiencies, but they did not. Equally important, their managers did not hold them accountable.”

[SNIP]

The Pasadena Police Department has been under heightened scrutiny since the police shooting of Kendrec McDade, an unarmed black teen who officers shot to death on March 24, 2012.

The slaying resulted in city officials paying a $1 million settlement to Anya Slaughter and Kenneth McDade, the boy’s parents.

Local defense attorneys said the department was dirty and pointed to several instances were officers withheld evidence, beat suspects and threatened witnesses.

One of those attorneys, Andrew Stein, said Friday members of the Pasadena Police Department were no better than the gang members they sought to imprison.

“They shouldn’t have a police department,” Stein said. “It’s a farce. It’s a joke. The sheriff’s department should take over the city of Pasadena. … This conduct is not tolerable. It’s wrong and it’s only going to change when some rich, white person in Pasadena has something bad happen to them by these cowboys and then it’ll matter.”

And here’s a handful of other findings:

• When interrogations weren’t recorded, no reason was given and a supervisor wasn’t involved;

• A lack of consistent training in basic detective skills for both detectives and their supervisors;

• Supervisors weren’t involved before cases were brought before a prosecutor or before a search warrant was filed;

• When juvenile informants were used, there was no evidence the Police Department received court approval;

•The Police Department has no signage explaining to members of the public the process of making a personnel complaint;

• Detectives bargained with informants offering to charge lesser crimes for cooperation without supervisory approval…


COMMUNITY POLICING AT WORK: FULLERTON’S HOMELESS LIAISON UNIT BUILDS BETTER RELATIONS BETWEEN COPS AND HOMELESS

In 2011, Fullerton police officers beat Kelly Thomas, a schizophrenic homeless man, to death while he screamed for his father.

Since then, the Fullerton Police Department have made considerable strides, boosting mental health training for officers and increasing their Homeless Liaison Unit from a one-man-show to a team of four. The unit works with a mental health care professional, connects people they meet on the streets with much-needed services, and meets with advocates and other agencies to discuss issues related to homelessness.

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

On a warm afternoon at a Fullerton park, a homeless mentally ill man, rolling his head from side to side, carelessly revealed to a pair of officers that he might have a warrant out for his arrest. But he wasn’t sure.

“Can you check for me?” the man asked.

Fullerton police Cpl. Michael McCaskill held back.

“If I check, it might be bad for you,” he warned. “So I’m going to give you a number where you can check.”

This is the type of work four Fullerton police officers assigned to the department’s Homeless Liaison Unit are doing: building relationships with the homeless and mentally ill people in the city and guiding them to services.

Nearly four years after the brutal police beating death of Kelly Thomas — which sparked a national debate on the treatment by police of the homeless and mentally ill — police here have forged partnerships with homeless advocacy groups to connect the people officers meet on the street with service providers. They also participate in regional meetings with other law enforcement and advocacy groups on homelessness.

The reforms came after a series of reviews and reports — both internal and external — about what happened that night in October 2011.

But Fullerton Police Chief Dan Hughes said Thomas’s death isn’t the only reason the agency has increased its focus on the this vulnerable population.

As Orange County has become more urban, its homeless population has swelled. Hughes said the number of calls police get regarding homelessness in Fullerton has increased from about 1,400 in 2010 to more than 4,000 calls last year. That’s something no police agency could ignore.

“Even though, I don’t believe it is necessarily a police issue, it has been put on our shoulders to deal with,” said Hughes. “And so we’re trying to do that as effectively as we possible can.”

Posted in Department of Justice, Homelessness, law enforcement, mental health, race | 1 Comment »

LA County Probation Reaches for New Goals for Juvie Camps as Feds Pack Up

March 13th, 2015 by Celeste Fremon


FULL COMPLIANCE

Earlier this week we learned that the LA County’s Juvenile Probation camps have finally reached “full compliance” with the 73 reforms demanded by the Civil Rights Division of the US Department of Justice.

This is, of course, very good news. While LA County’s 9 camps currently in operation are not yet the model facilities we hope they will become, the improvements are many and notable, with a heartening list of additional reforms in the works, including the $48 million transformation of Camp David Kilpatrick scheduled to open in January 2017.

“It’s a great relief, for the department and for the county as well,” said Felicia Cotton, probation’s assistant chief in charge of juvenile facilities, when we talked about the feds signing off on conditions at the camps. “It marks our progress and certainly charts our next steps—where we need to go. We’ve been able to put some critical pieces in place. Now it’s time to start building on that foundation.”

In meeting the federal requirements, the county had done far more than simply checking boxes, Cotton said.

Yet at one time, she admitted, probation was mostly checking boxes when it came to trying to satisfy the DOJ monitors

“The approach was, ‘Let’s be perfect when DOJ comes,’” Cotton said. “But in order to make real progress, we needed to do more than just appeasing. We had to start saying ‘This is our system.’ We had to really take ownership and ask, ‘How can we make it better?’ And when we find something that is broken, we have to be able figure out how to fix it—and not wait for the DOJ.”

“These are our kids,” said Cotton. And we need to be part of the team that’s helping them.”


THE BAD OLD DAYS

Indeed, when probation first began this reform process, it did so only because the feds held a metaphorical gun to its head after the DOJ conducted a civil rights investigation in 2006, and found LA’s juvenile facilities rife with horror.

Probation officers were batting kids around, slamming them against walls, calling them names, and instigating fights (some of which were caught on video and wound up on YouTube). Staff also made kids stand or sit in body-stressing positions for long periods, kept them in solitary confinement for even longer periods as punishment, randomly denied them bathroom breaks, recreational time and/or medical treatment, failed to check on kids who were on suicide watch, pepper sprayed teenagers over trivialities, and took kids’ personal possessions “without adequate justification”—-among other transgressions and illegalities.

In order to dodge a nasty lawsuit from the feds, in 2008, the Board of Supervisors sign a Memorandum of Understanding obligating the county to substantial changes in 41 “areas of concern ” that included such issues as: “Threats and Intimidation,” “Uses of Force,” “Supervision of Youth at Risk of Self-Harm,” “Suicide Prevention”—and, astonishingly, “Consumption of Alcohol By Staff.”

When the county was slow to make corrections, the feds amended the MOU twice to make additional demands. Specifically, the amendments insisted that Los Angeles County do more than merely stop harming its juvenile charges, but actually to try to help them with rehabilitative and therapeutic practices that could aid kids in healing and in turning their lives around.

The feds also asked the county to institute programs that better allowed kids to succeed when they left the camps and went back home.

The fact that LA County has succeeded enough to cause the DOJ monitoring team to pack up and return home has yet to be made public officially. However probation chief Jerry Powers said as much in a February 13 confidential letter informing the LA County Board of Supervisors that federal supervision of the camps was finally and satisfactorily at an end.

NOTE: Although WLA has obtained the memo sent by Powers to the supes, it was first brought to our attention by KPCC’s Frank Stoltze, who reported on the matter here.

“While this is certainly an important milestone,” Powers wrote, “it does not signify an end to our efforts…In the very near future I will bring forward a proposal for an independent monitoring system that will allow us to continue to monitor our progress and improvements.”


CUSTODY & CONTROL

I asked Cotton (who came on board at juvenile probation in 2010) what had caused things to become so dysfunctional and so harmful to the kids in the county’s care, that the department of justice had to step in.

“We used to use a system of custody and control,” she said. “That’s what it was all about.” Cotton also pointed out that, at the time, there were 1500 to 2000 kids in the county’s camps on any given day, with another 1500 in the county’s juvenile halls.

“So you had staff who were mostly trying to control kids. And you had kids who rebelled against that kind of control, with not much to lose. And you can’t blame them. That’s not the best approach for angry, traumatized kids.

Yes, but some of the staff did more than simply try to control kids’ behavior. Some of the camp staff was abusive, and the MOU—along with some high profile lawsuits—made clear that a systemic culture existed in the camps that allowed the abuse to continue.

“I think the majority of our staff were good people who got caught up in custody and control,” said Cotton.

But some went further, she admitted. “We didn’t have training to combat that culture. We didn’t have a philosophical framework to combat it.”

Now the county does have a “best practices” framework, said Cotton, “which came about during the years of DOJ oversight, and it has allowed upper management to begin to weed out “those who don’t find working with kids an honorable profession.” The weeding has, in turn, made room for those who do really want to work with kids, said Cotton.


TRAINING HELPS

Probation is trying out a number of rehabilitation strategies for the young people in its care including
cognitive behavioral therapy, aggression replacement therapy (the system that Santa Clara’s James Ranch has used with success) and Adapted Dialectal Behavior therapy.

Cotton noted, however, that when the camps’ control methods of the past were traded for more therapeutic “evidence-based” methods, there was pushback from some of the staff, who were not in favor of the change.

Instituting rehabilitative programs for the kids in the camps called for the staff to be trained in new methods, said Cotton. “It called for buy in. It called for a change in culture.”

As a consequence, she said, there was push back. “There were those who didn’t believe in the evidence-based approach. And I know I have pockets of those people still.” But those staffers are in the minority according to Cotton.

“I think deep down inside most of the staff want to be given the skills and the resources to do a good job.”


ONWARD TO THE FUTURE

Alex Johnson, executive director of the Children’s Defense Fund–California, praised probation’s progress in the camps that has triggered the federal sign off.

“However, LA County’s compliance with the federal memorandum of agreement is only a first step,” Johnson cautioned. “Systemic reform of the juvenile justice system will require a more comprehensive approach to protecting and healing our justice-involved youth. If we are truly vested in the rehabilitation of young people, we must eliminate punitive practices like solitary confinement, overhaul our countywide data collection systems, continue to increase educational opportunities for youth who are incarcerated, and invest in community based alternatives to incarceration and supportive reentry services…Efforts such as creating a new model at the former Camp Kilpatrick and CDF Freedom Schools are steps in the right direction, but true transformation in the movement to restore youth begins by ending the punitive incarceration model.”

Cotton essentially agreed. “This is by no means the end of what we intend to do,” she said. “It’s a starting place to reach for higher goals, and quality of treatment for our kids, as well as better training for our staff to get them the skills they need that the work that we’re going to be doing, going forward.”

Sounds good to us. And naturally we’ll be watching.


AND A QUICK ROUND UP OF OTHER NEWS…

AN LA MAN IS CHARGED AFTER 9-YEAR-OLD BOY TAKES GUN TO TARZANA SCHOOL

The AP has this story that is loaded with a host of troubling features.


AG ERIC HOLDER CONDEMNS IN HARSH TERMS THE SHOOTINGS OF OFFICERS IN FERGUSON

NRS’s Carrie Johnson has the story about what Holder and others have said to condemn on strongest terms the awful ambush shooting of two police officers in Ferguson.


AND MORE FERGUSON NEWS

Amy Davidson of the New Yorker in is Ferguson with more on the shooting and related issues

Posted in juvenile justice, LA County Board of Supervisors, Probation | No Comments »

“Back on Track LA,” Sheriff and Doctor Duo Fight Trauma, How to Defend Kids Facing Life, and ending CA Prison Healthcare Oversight

March 12th, 2015 by Taylor Walker

NEW COLLABORATIVE LA COUNTY REENTRY PROGRAM SEEKS TO BE MODEL FOR NATION

On Wednesday, California Attorney General Kamala Harris, LA County Sheriff Jim McDonnell, and Probation Chief Jerry Powers announced the launch of “Back on Track LA,” an innovative recidivism reduction pilot program that has been launched as a collaborative effort between the LASD, Probation, the AG’s Office, the LA County Child Support Services Dept., several foundations, and schools.

Back on Track provides participating inmates with education and job training, cognitive behavior training, and life skills and customized re-entry coaching.

“Instead of only reacting to crime, we must also focus on prevention to shut the revolving door of the criminal justice system,” says AG Harris. “Back on Track LA will hold offenders accountable to their communities, their families and themselves. This initiative will give participants the skills to become contributing and law-abiding members of society, which enhances public safety.”

Both Harris and McDonnell stressed the urgent need for such a program in California’s various counties, especially Los Angeles.

“At this very moment, 20,000 individuals are incarcerated in the Los Angeles County Jails,” said Jim McDonnell. “Too many of those in our jail and justice system come from broken homes and challenging life circumstances.”

McDonnell listed some of the challenges that the program will need to address, like early childhood trauma and the fact that a high percentage of jail inmates finished school.

“Very few of those filling our jails today have the needed tools to give them a good shot,” he said.

Ninety non-violent, non-serious, and non-sexual offenders, who are now the county’s responsibility post-realignment, are enrolled in the pilot program, which began mid-February.

Once the initial 90 inmates are released from jail, they will receive transitional housing, help with employment, and continued mentoring the entire year after their release. In addition, the college credits they earn through the program during their incarceration can be transferred to any community college in the state.

In order to ensure that the program is actually working, researchers will be part of the process from the very beginning, tracking participants and their outcomes along the way and in the long-term, and measuring them against the outcomes of inmates not involved in the program.

The program is funded through a $750,000 grant through the US Department of Justice’s Second Chance Act (Back on Track was one of just four recipients nationwide), and grants from the California Wellness Foundation, the Rosenberg Foundation, and the Ford Foundation.

Back on Track is intended to become a model for California, and hopefully for the nation, McDonnell said on Wednesday:

“What we are announcing today is not merely an experiment. We know we have too many people in jail who can and should be contributing members of society. Many of those in jail regret the decisions of their youth that landed them where they are today.”

Such programs contribute to public safety, McDonnell said:

“It is tempting to believe that by being tough on criminals by depriving them of education and skills training, we are being tough on crime. But that’s simply not the case.

We can reduce crime by reducing criminals, and we can reduce criminals by giving people the skills they need to get Back On Track.”


A DOCTOR AND A SHERIFF JOIN FORCES TO TACKLE CHILDHOOD TRAUMA IN THEIR CITY NEIGHBORHOODS

Laura Starecheski has another excellent story for NPR about childhood trauma as a critical health issue. This latest story follows a doctor and a sheriff who join forces to combat childhood trauma in poverty-stricken, and high-crime areas in Gainesville, FL.

When the University of Florida’s Dr. Nancy Hardt, a pathologist and OB-GYN, and Alachua County Sheriff Sadie Darnell realized that their respective hotspot maps (Hardt’s a map of children born into poverty, and the sheriff’s a crime map) were nearly identical, the unlikely pair knew they had to take action.

Here are some clips from Starecheski’s story:

The research shows that kids who have tough childhoods — because of poverty, abuse, neglect, or witnessing domestic violence, for instance — are actually more likely to be sick when they grow up. They’re more likely to get diseases like asthma, diabetes and heart disease. And they tend to have shorter lives than people who haven’t experienced those difficult events as kids.

“I want to prevent what I’m seeing on the autopsy table,” Hardt says. “I’ve got to say, a lot of times, I’m standing there, going, ‘I don’t think this person had a very nice early childhood.’ ”

Back in 2008, Hardt was obsessing about this problem. She wanted to do something to intervene in the lives of vulnerable kids on a large scale, not just patient by patient.

So, by looking at Medicaid records, she made a map that showed exactly where Gainesville children were born into poverty. Block by block.

Right away she noticed something that surprised her: In the previous few years, in a 1-square-mile area in southwest Gainesville, as many as 450 babies were born to parents living below the poverty line.

It just didn’t make sense to her — that was an area she thought was all fancy developments and mansions.

So Hardt took her map of Gainesville, with the poverty “hotspot” marked in deep blue, and started showing it to people. She’d ask them, “What is this place? What’s going on over there?”

Eventually she brought the map to the CEO of her hospital, who told her she just had to show it to Alachua County’s sheriff, Sadie Darnell.

So Hardt did.

And, to Hardt’s surprise, Sheriff Darnell had a very interesting map of her own.

Darnell had a thermal map of high crime incidence. It showed that the highest concentration of crime in Gainesville was in a square-mile area that exactly overlaid Hardt’s poverty map.

“It was an amazing, ‘Aha’ moment,” says Darnell.

“We kind of blinked at each other,” Hardt says. “And — simultaneously — we said, ‘We’ve got to do something.’”

Read on.


INSTRUCTIONS FOR ENSURING KIDS FACING LIFE IN PRISON RECEIVES SPECIALIZED AND SKILLFUL DEFENSE

On Wednesday, the Campaign for Fair Sentencing of Youth released a set of guidelines for providing quality defense to kids facing life imprisonment.

Gabriella Celeste, Child Policy Director at Case Western Reserve University’s Schubert Center for Child Studies, explains why making sure these kids have skilled and thorough representation is so critical:

“Kids are kids. They don’t stop being kids just because our criminal justice system has deemed them ‘adults’ as a matter of legal fiction to justify placing them in the adult system. Our system forgets that kids are still growing, developing, and maturing. This is wrong. Worse yet, the harm caused to a young person cannot be overstated, both due to their unique developmental stage as an adolescent and the damage that results from children inevitably facing more years in prison than adults and being at greater risk for isolation, sexual assault, and other forms of violence and trauma. Having an informed advocate can make all the difference.”

The report calls for a defense team of at least four—an attorney with experience representing kids, an attorney who has represented defendants charged with homicide, an investigator, and mitigation specialist to discuss all possible contributing factors like trauma and poverty and to stress the ways kids’ and teenagers’ brains differ from those of adults. An interpreter should also be on the defense team, if needed.

The guidelines also say defense teams must regularly meet with and maintain open communication with the kids they are representing. Defense teams are also directed to advocate for their clients to be placed in juvenile facilities, and to make sure that those detention centers have proper education, mental health care, and rehabilitation services.

The guidelines are endorsed by dozens of advocate groups, including Gideon’s Promise, the Juvenile Law Center, the NAACP, the National Association for Criminal Defense Lawyers, and the National Juvenile Defender Center.

Here are some clips from the report:

The representation of children in adult court facing a possible life sentence is a highly specialized area of legal practice, therefore these guidelines address the unique considerations specific to the provision of a zealous trial defense. These guidelines set forth the roles and responsibilities of the defense team for the duration of a trial proceeding and outline child-specific considerations relevant to pre-trial, trial, and sentencing representation. Direct appeal and collateral review are not explicitly addressed in these guidelines.

These guidelines are premised on the following foundational principles:

- children are constitutionally and developmentally different from adults;

- children, by reason of their physical and mental immaturity, need special safeguards and
care;

- children must not be defined by a single act;

- juvenile life defense is a highly specialized legal practice, encompassing the representation
of children in adult court as well as the investigation and presentation of mitigation;

- juvenile life defense requires a qualified team trained in adolescent development;

- juvenile life defense requires communicating with clients in a trauma-informed, culturally
competent, developmentally and age-appropriate manner…

- juvenile life defense counsel must litigate to ensure a meaningful individualized sentencing
determination, in which defense counsel is able to fully and effectively present mitigation
to the court.

[SNIP]

The mitigation specialist must investigate and develop a social, psychological, and genealogical history of the child client for purposes of presenting mitigating evidence at sentencing. The mitigation specialist also should work with the child client and his or her caretaker(s) to develop a reentry plan to present at sentencing.

Mitigation evidence includes, but is not limited to: the ability to make a positive adjustment to incarceration; the realities of incarceration; capacity for redemption; remorse; vulnerabilities related to mental or physical health; explanations of patterns of behavior; negation of aggravating evidence regardless of its designation as an aggravating factor; positive acts or qualities; responsible conduct in other areas of life (e.g., employment, education, as a family member, etc.); any evidence bearing on the degree of moral culpability; mercy; and any other reason for a sentence other than life…


FED. JUDGE BEGINS PROCESS TO GIVE CONTROL OF STATE PRISON HEALTHCARE BACK TO CALIFORNIA

On Tuesday, U.S. District Court Judge Thelton Henderson revealed a plan to end nearly a decade of federal oversight of healthcare in California’s prison system.

When Judge Henderson initiated the oversight, he said the conditions inmates were living under constituted cruel and unusual punishment: California prisons were averaging one easily preventable inmate death per week due to medical neglect.

(Henderson is also part of the three-judge panel forcing California to bring the prison population down…or else.)

The federal receiver overseeing healthcare in California’s prisons, Clark Kelso, says the situation is much better now: there are more medical staff members, the budget has doubled, and there are 40,000 fewer prisoners. But there are still cracks to be filled in.

Here’s a clip from a blended AP/Sacramento Bee story on the issue:

To address the issues, California over the last decade has:

Spent $2 billion on new medical facilities for prisons;

Doubled its annual budget for prison health care to about $1.7 billion; and

Reduced its prison population by more than 40,000 inmates.

According to a report by court-appointed federal receiver J. Clark Kelso, the state prison system now has:

Adequate medical staff;

Processes to ensure inmates receive care; and

An oversight system to catch problems when inmates do not receive care.

However, Kelso noted in his report that that the prison system still needs to make several improvements, including:

Adequately keeping medical records;

Appropriately scheduling appointments;

Delivering care onsite rather than sending inmates to outside hospitals; and

Upgrading treatment areas.

Under Henderson’s plan, every prison will have to pass an inspection before the feds return some of the control to the state. At that time, Kelso will step back and act as a monitor, with the ability to take back the reins if the state begins to backslide.

Posted in Department of Justice, Jim McDonnell, juvenile justice, Kamala Harris, LA County Jail, medical care, prison, Realignment, Reentry, Trauma | 2 Comments »

LASD, Probation, AG Kamala Harris Introduce Anti-Recidivism Pilot in LA’s Jails

March 11th, 2015 by Celeste Fremon


On Wednesday morning, Sheriff Jim McDonnell, along with Probation Chief Jerry Powers,will host Attorney General Kamala Harris
at the Pitchess Detention Facility to announce a new recidivism reduction pilot program, everyone is calling “Back on Track LA.”

The pilot program is a cooperative effort between the Los Angeles County Sheriff’s Department, LA County Probation, the AG’s office, plus Los Angeles County Child Support Services Department, local community colleges, a local charter school and private foundations, including the Ford Foundation.

Sheriff McDonnell is reportedly very high on the new pilot strategy. “We have too many people in jails who can and should be contributing members of our community,” he said in a statement on Tuesday. “Under the Back On Track program, inmates will receive instruction, mentorship system, and a supportive structure — both in and out of custody — which will facilitate their return to our community and give them a better shot of not returning to our care. This unique program offers hope to those who too often cycle in and out of our jails and will serve as a model for national thinking around these important issues.”

We like the idea too, and will have more on the new Back On Track recidivism reduction program on Thursday.

Posted in jail, Jim McDonnell, Kamala Harris | 15 Comments »

How Santa Clara’s James Ranch Became a CA Model for Helping Incarcerated Kids

March 11th, 2015 by Celeste Fremon


EDITOR’S NOTE: For the past two weeks, we’ve published stories from the series by John Kelly for the Chronicle of Social Change. The series—in which WitnessLA is collaborating—is taking a close look at programs that use a strategy known as Positive Youth Justice to help kids who have come in contact with the juvenile justice system.

First we ran a story that explored an Oakland, CA, program that uses a process called community conferencing, which asks lawbreaking kids to confront the effects of their crime.

Then last week, the series looked at a program in Tarrant County, Texas, that has been successful in helping reboot the lives of kids who, two decades ago, would have been sent to a state-run juvenile lock-up.

Today, we’ll look at Santa Clara County’s James Ranch.


This story was produced as a collaborative project with The Chronicle of Social Change.


PLAGUED WITH A HIGH RECIDIVISM RATE, AND A RASH OF RUNAWAYS, THE OFFICIALS RUNNING SANTA CLARA COUNTY’S JAMES RANCH DECIDED TO TRANSFORM THE PLACE

by John Kelly


There are few issues in juvenile justice more hotly debated than the appropriate use of incarceration—which youth can be served and rehabilitated in the community, and which youth need to be confined?

In general, the number of youths incarcerated in America is down. Way down. A report released in 2013 by the Annie E. Casey Foundation charted a decline from 107,500 confined juveniles in 1997 to 71,000 in 2010.

“This decline has not led to a surge in juvenile crime,” the report made clear. “On the contrary, crime has fallen sharply even as juvenile justice systems have locked up fewer delinquent youth.”

Yet relatively few of the hundreds of facilities that house juveniles in America have embraced a positive youth development (PYD) approach to engaging and strengthening juveniles while they are locked up. One of the unique programs that does is Santa Clara County’s William F. James Ranch.

When the ranch first opened half a century, its model was based primarily on tight behavior control. Then 2005, the facility reinvented itself using a PYD framework built heavily on strong prosocial interaction between its staff and its wards. The drastic changes to its programs and employees have resulted in far fewer incidents at the facility and lower recidivism rates after ranch residents return to the community.


HOW IT STARTED

Since 1956, the James Ranch has served as Santa Clara County’s placement option for older, violent offenders. It is operated by the juvenile division of the county’s probation department, which also oversees a massive juvenile hall that includes detention and incarceration beds.

In the early 2000s, violent incidents and escape attempts at the ranch were commonplace.

“When I first started with the old [ranch] program, the training was about safety and security: how to keep yourself safe, how to keep the kids safe,” recalls Santa Clara Probation Manager Anne Elwart, who started as a guard and went on to direct the ranch.

Just fewer than 100 youths were held at the ranch at any time, and they were guarded by a relatively small group of line staff trained only to keep the peace.

“We did the best that we could with what we had”, recalled Elwart. “Often, we were just watching.”

In 2004, the county hired Sheila Mitchell as chief probation officer. Mitchell came from neighboring Alameda County, where she was the deputy chief of probation, and prior to that had served as deputy commissioner of Georgia’s Department of Juvenile Justice.

Mitchell said her initial impression was that the ranch was little more than a way station for serious offenders.

“The kids would tell you they were just doing time,” she said. “You had two, even three kids a week trying to run away. The community was outraged, the county executive was outraged.”

An assessment of the ranch’s outcomes revealed that four out of 10 kids were failing the program and returning to incarceration.

“When we looked even closer, it wasn’t that they were failing as much as that the program was not designed for them to succeed,” Mitchell said.

Pushed by the Santa Clara County Board of Supervisors for a plan that would cut her budget, in 2005 Mitchell instead asked the board for a proposed budget increase of $3 million. The funding would increase the number of staff at the ranch, and recalibrate its program around a PYD framework.

Although there was initial resistance, matters were helped slightly by the fact that some of the supervisors had been part of a 2003 Santa Clara delegation that visited juvenile facilities in Missouri, where the state Division of Youth Services (DYS) had become a national model for reframing juvenile incarceration.

The “Missouri model,” as it is called, requires the use of small, campus-style facilities with youth work professionals serving as the line staff. Youth are clustered into small, “family-style” groups.

That arrangement has helped Missouri’s Department of Youth Services maintain a recidivism rate below 10 percent among the juveniles released from their facilities. In 2008, DYS won Harvard’s Innovations in American Government Award for its approach.

Back at Santa Clara, however, “there was interest, but no traction” on the idea of moving towards a California version of the Missouri’s model, Mitchell said—until she presented her $3 million proposal with a cost-savings pitch.

“I was able to give them a return on investment report,” Mitchell said.
“I argued that when you look at the failure rate now, it was going to save us money in the long range to invest in this program. They took a leap of faith, and decided to invest.”

And so it was that the Santa Clara Board of Supervisors approved $3 million to bring a PYD approach to the James Ranch. Elwart led the writing of a curriculum that would focus on what is known as aggression replacement training [for more on that click here], education and mentoring relationships, along with extensive training of the camp’s workforce.

The county also hired the Missouri Youth Services Institute to help with the design of the new service model. The institute had recently been founded by longtime DYS Director Mark Steward, and was working on similar assistance projects with Washington, D.C. and Louisiana.

Missouri operates eight very small facilities using its system, but that was not possible in Santa Clara, which to this day still has one barracks-style living unit.

Instead, Elwart had to corral the staff into doing a one-night, makeshift renovation of the unit before its reopening using rope and blankets to create the dorm-like settings prescribed by the Missouri model. The department eventually agreed to build actual walls into the unit. But then, facing a $1 million price tag for the project, it opted instead to spend $60,000 on the kind of partition walls used in many office buildings.

Yet, the partitions did the trick.


A WELL-EDUCATED, WELL-TRAINED STAFF

Elwart worked at the ranch for a total of 19 years, most recently as the director of the facility. She rotated to a new post in adult probation in late December and was succeeded by Jermaine Hardy, who rotated to the ranch from the juvenile services division of the probation department.

The facility employs six supervisors; 68 full-time line staff; six teachers and a small team of part-time staff devoted to mental health and substance abuse. The teachers are employees of the Santa Clara Unified School District.

Each member of the line staff must have a four-year degree. By comparison, the state of California requires its correctional officer candidates to produce a high school diploma or equivalent.

Staffers’ education continues when they are hired by Santa Clara County where, before a worker is allowed to work directly with youth, he or she will go through 80 hours of core training. For the first six months, they are trained on the correctional component of their job — “on how to be a good guard,” Elwart said.

After that each line staff receives 12 days of training on the core principles of the ranch program. This includes two full days of training on aggression replacement, motivational interviewing, and substance abuse counseling.


HOW IT WORKS

The key to the success of the ranch program, Elwart said, is the interaction between the line staff and the youth. The full-time line staff are responsible for one of the six living units, but they are also counselors assigned to help and mentor two offenders.

“We work out of a 1958 building with pivot walls, so it’s not the building,” she said. The magic is in the interactions.

“We don’t sit there and do shaming and blaming. These staff build rapport and actually work with [the youth]. That’s the secret sauce.”

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