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Long Beach Youth Journalists Explore Trauma and Healing, Sheriff Candidate Jim McDonnell to Speak

September 30th, 2014 by Celeste Fremon



LONG BEACH POLICE CHIEF JIM MCDONNELL TO SPEAK AT YOUTH-LED FORUM ON TRAUMA, VIOLENCE & HEALING

VoiceWaves, an innovative youth journalism project located in Long Beach, has been reporting all summer on the issue of trauma, its effects on kids and immigrants, and ways in which the trauma can be addressed and healed.

The results of VoiceWaves‘ work will be presented at a community forum Wednesday night, the centerpiece of which will be a panel discussion between various experts including Long Beach police chief and LA County sheriff candidate Jim McDonnell.

Nadra Nittle of the Long Beach Telegram has more on the project.

Here are some clips:

VoiceWaves reporter Oscar Bautista spent the summer reporting on how gangs traumatize their members, even after they’ve left the streets behind.

“A lot of the trauma they’re coming out of I would say is somewhat social, how they interact with other people,” Bautista said. “Some of the ex-gang members end up finding it difficult dealing with their own trauma. They have mild versions of PTSD (post-traumatic stress disorder). Maybe if they hear a balloon pop, they might duck. It varies depending on the trauma. They are very mistrusting, very survivalist. They just become very cautious people.”

[SNIP]

While Bautista explored gangs and trauma, VoiceWaves Beat Reporter Michael Lozano interviewed immigrants from countries such as Mexico, Laos and Cambodia about the trauma they’ve experienced.

A political refugee from Cambodia who spent time in a labor camp told Lozano that she hasn’t overcome the trauma she experienced abroad.

“Even when she was in Long Beach, she still experienced nightmares,” Lozano said. “A lot of the immigrants experienced trauma abroad and relive trauma through nightmares.”

Two women from Mexico who Lozano interviewed said their husbands were assassinated in that country….

The Community Forum on Trauma and Healing begins at 5:30 p.m. Wednesday, at the First Congregational Church, 241 Cedar Ave., Long Beach.

The forum is presented in partnership with The California Endowment and Building Healthy Communities.

Posted in art and culture, Jim McDonnell, Trauma, Youth | No Comments »

Gov. Signs Law Eliminating Expulsions for “Willful Defiance” But Vetoes Drone Bill…LASD Restricts Association With Convicted Dept. Members…. No More Prisoner of the War on Drugs…Running the Homeboy 5 K

September 29th, 2014 by Celeste Fremon


GOVERNOR SIGNS FIRST IN NATION LAW TO LIMIT “WILLFUL DEFIANCE” SCHOOL SUSPENSIONS & EXPUSIONS

On Saturday, Governor Jerry Brown signed into law AB 420, a bill that limits suspensions and eliminates all expulsions for the catch-all category of “willful defiance,” which—until now—could have kids tossed out of school for such minor misbehaviors as talking back, failing to have school materials and dress code violations.

According to a statement issued by Public Counsel, the pro bono law firm that is one of the bill’s sponsors, the new law makes California the first state in the nation to put such limits on the use of willful defiance.

Brown’s signing of AB 420 is the culmination of several years worth of work by juvenile advocates, education reformers and others who have led the recent movement away from the zero tolerance discipline policies that were dominant since the 1980′s, and toward positive discipline and accountability approaches that been found to keep children in school. The issue of willful defiance has been a particularly intense focus for reformers in that the elastic designation accounts for 43% of suspensions issued to California students, and is the suspension category with the most significant racial disparities.

“In just a few short years, school discipline reform has become an important education policy priority in California because the stakes are very high,” said Assemblyman Roger Dickinson (D-Sacramento), who authored the bill. “Research has shown that even one suspension can make it five times more likely that a child will drop out of school and significantly increase the odds they will get in trouble and head into our juvenile delinquency system.”

While, AB 420 doesn’t do away with willful defiance altogether, it is considered an important step in that, as a compromise measure, it has gotten agreement from people who were initially reluctant to ax the category completely. like Gov. Brown, and certain state legislators. (The law eliminates all willful defiance suspensions for children in grades K-3 and bans all expulsions for the category for all grades. It is to be reviewed in 3.5 years.)

It should be noted that the Los Angeles Unified School District banned all suspensions for willful defiance spring.

The new law was co-sponsored by Public Counsel, Children Now, Fight Crime Invest in Kids, and the ACLU of California and supported by a statewide coalition of organizations.


BROWN VETOES BILL LIMITING LAW ENFORCEMENT USE OF DRONES SAYING IT WENT TOO FAR

The bill, which would have required law enforcement to obtain warrants before using surveillance drones, got a thumbs down from Governor Brown on Sunday night, one of about a dozen bills that Jerry nixed on Sunday.

The LA Times Phil Willon and Melanie Mason have more details on the story. Here’s a clip:

Brown, in his veto message, said that although there may be some circumstances when a warrant is appropriate, the bill went too far.

The measure appeared to impose restrictions on law enforcement that go beyond federal and state constitutional protections against unreasonable search and seizures and the right to privacy, the governor stated.

The bill, AB 1327, would have required the government to secure a warrant from a judge before using surveillance drones except in cases of environmental emergencies such as oil or chemical spills. Three other states have placed a moratorium on drone use by state and local agencies

Assemblyman Jeff Gorell (R-Camarillo), the bill’s author, had argued that the expanded use of drones, or unmanned aerial vehicles, by law enforcement has pushed the boundaries of the public’s reasonable expectation of privacy, triggering a need for protection.


SHERIFF SCOTT SAYS NO ASSOCIATION WITH CONVICTED LASD MEMBERS WITHOUT WRITTEN PERMISSION

On Friday, Los Angeles County Sheriff Scott sent out two official messages to department members regarding the conviction of seven current and former LASD members, and last week’s sentencing of six of the seven defendants.

(Deputy James Sexton was convicted in a retrial earlier this month, but will not be sentenced until December 1. Sexton’s first trial resulted in a 6-6 hung jury.)

In the first message, Scott wrote of emotional reactions to Tuesday’s sentencing of the six to prison terms ranging from 21 to 41 months, that “have left many Department members stunned,” he wrote. “The six defendants in this case were our co-workers and friends.”

It was clear, Scott wrote, that the convictions and lengthy sentences were, “in part, the result of failed leadership” at various levels of the LASD.

“The question that burns in the hearts of many is whether those who were the most responsible have been held accountable for their actions…”

The second announcement, headlined “FEDERAL CONVICTIONS AND PROHIBITED ASSOCIATIONS POLICE” clarified one of the sad artifacts of the convictions of the seven LASD defendants: All department members are aware that they are not allowed to associate with convicted felons. But this rule suddenly became confusing and in need of sorting out with the conviction of the seven LASD defendants, each of whom have long time friends—and in many cases best friends—among their former colleagues still working for the sheriff’s department.

So the following was sent out on Friday:

With respect to personally associating with the individuals who were convicted, the policy requires:

*A written request for authorization, directed to the unit commander

*Unit Commander response, whether approved or denied, to be documented in writing

*Both documents to be filed in the requesting employee’s personnel file.

The statement further instructed that the policy doesn’t prevent donations of funds to the defendants or their families. But it split hairs by stating that department members may not attended fundraisers for those convicted.

The policy prohibits doing favors for or associating with persons where the association would be detrimental to the image of the Department, such as in cases of persons adjudged guilty of a felony crime.

Therefore, Department members are prohibited from attending fundraising events for the individuals who have been convicted, whether the individuals are present or not.

Unit Commanders are not authorized to make exceptions with respect to this aspect of the situation involving the recent Federal convictions.


NO LONGER A PRISONER OF THE DRUG WAR

A wonderful longread by the LA Times’ Jenny Deam paints a journalistic portrait of Billy Ray Wheelock, who is an example of the kind of inmate that, in the last three decades, has filled the nation’s prisons to overflowing as a consequence of our ill-considered war on drugs. In the case of Wheelock, however, the story has a happy ending—even though that happy ending is very belated.

Here are two clips:

Wheelock had been sent to prison in 1993 at age 29 during an era of no-mercy drug sentencing. At the height of the country’s war on drugs, crack cocaine offenders were locked away by the tens of thousands, often with no key in sight.

Most were men, most were poor, most were black.

Wheelock was all three.

His story embodies what many, including judges and former prosecutors, now see as a judicial system gone wrong. He is the first to admit he was guilty and deserved to do time. He had been arrested three times on crack charges.

But he says he was never violent and never owned a gun. He says he only sold a bit of rock sometimes to make ends meet. “For that I got life? Life?”

Years passed and Wheelock waited, sure someday someone would see that his punishment did not fit his crime.

Here’s when such draconian sentencing began:

In 1986, Congress created a mandatory drug sentencing law and took aim squarely at crack cocaine. Under the law, a person convicted of possessing 5 grams of crack would get the same five-year sentence as someone selling 500 grams of powder cocaine.

Since 1980, there have been an estimated 45 million drug arrests in this country. The number of people in U.S. prisons for all crimes has quadrupled from about 500,000 in 1980 to 2.2 million now, “and that growth was disproportionately driven by the drug war,” said Marc Mauer, executive director of the Sentencing Project, a Washington research and advocacy group.

In the beginning, many in the judicial system were true believers, certain that if a person knew harsh sentencing awaited him he might think twice about selling drugs. But as the millennium turned, judges began to complain that their discretion had been stripped away by mandatory sentencing. Lawmakers also questioned not only the fiscal responsibility of keeping so many locked up for so long but also the humanity of such a stark racial divide, since crack cocaine disproportionately imprisoned minorities.

Calls for reform were bipartisan. In 2010, Congress showed rare unity and passed the Fair Sentencing Act to reduce the disparity between crack and powder cocaine sentences.

Read on to discover more about Wheelock’s story.


HOMEBOY 5K: “EVERY ANGELENO COUNTS”

If you’ve got an interest in getting excellent exercise with crowd of interesting and varied companions, doing the aforementioned for an important LA cause—and coming away with a snazzy t-shirt—-the annual Homeboy Industries 5K on October 18 is likely the perfect event for you.

The race starts at 8 a.m., on Saturday, October 18, at Homeboy Industries (130 W. Bruno Street, Los Angeles, CA 90012) with registration and packet pick-up from 6 to 7:30 a.m.

If you’d like to register in advance, Wed. Oct 1 is the cutoff. But you can still show up early on the day of the race and pay a last minute registration fee ($45), to run, jog, or walk with the crowd.

The purpose of the race, as you might imagine, is to raise money for Homeboy Industries, which serves more than 12,000 former gang members each year and offers full time employment to 200 men and women in an 18-month program that allows them to redirect the trajectories of their lives and “re-identify who they are in the world.”

With this in mind, the yearly 5K is designed as more than merely a fundraiser. Here’s how the Homeboy folks explain it:

The Homeboy Industries “Every Angeleno Counts” 5k is an opportunity for us to walk, run, and stand with thousands of former gang-members whose lives are being completely transformed. Every Angeleno can help dispel the myth that some lives matter less than others.

So grab your running shoes and com’on down.


Posted in Edmund G. Brown, Jr. (Jerry), Homeboy Industries, Jim McDonnell, LA County Jail, LASD, Sheriff John Scott, Trauma, Zero Tolerance and School Discipline | 4 Comments »

LASD: a “Toxic Culture” or a “Few Bad Actors”…..Eric Holder Replacement…..A Head Start Program That’s Trauma Smart…Long Beach Police Chief’s Dealings With Officer Involved Shootings

September 26th, 2014 by Celeste Fremon


DO THE RECENT SENTENCES OF THE LASD SIX POINT TO A “TOXIC CULTURE” IN NEED OF REFORM OR A “FEW BAD ACTORS”…?

A new LA Times editorial rightly points out that— contrary to what Sheriff John Scott has apparently said—”the sentencing Tuesday and likely imprisonment of six sworn Los Angeles County sheriff’s deputies, sergeants and lieutenants does not reflect merely the actions of a ‘few’ bad actors.”

The Times’ statement—which is really a rather sizable understatement—also applies to the rest of the 21 indicted department members, whose cases, which primarily involve brutality and corruption in the jails, will be coming to trial later this year and early next year. Those indictments do not represent “a few bad actors” either.

When the six, who were just sentenced this week, were convicted of obstruction of justice last July, then U.S. Attorney Andre Birotte talked about “criminal conduct and a toxic culture” inside the Los Angeles Sheriff’s Department that the convictions represented.

“These defendants were supposed to keep the jails safe and to investigate criminal acts by deputies,” said Birotte. Instead they “took measures to obstruct a federal investigation and tamper with witnesses…. While an overwhelming majority of law enforcement officials serve with honor and dignity, these defendants tarnished the badge by acting as if they were above the law.”

Yet while all this tarnishing was going on, someone—or more accurately several someones—gave the various orders that resulted in hiding a federal informant, threatening an FBI agent, and intimidating witnesses in a federal investigation. Furthermore, it was a deeply-entrenched culture of arrogance, everyday corruption, and a venomous us-against-them contempt for anyone outside certain favored circles—a culture that had, for years, emanated from the LASD’s highest levels—which made orders to obstruct justice seem perfectly natural to seasoned department members who should have known better.

It was that same psychological environment—which U.S. District Court Judge Percy Anderson labeled a “corrupt culture” on Tuesday as he handed out sentences—that allowed for the actions of those who have been indicted and will likely be convicted for allegedly blithely brutalizing jail inmates and visitors. After all, such behavior had long carried with it little threat of adverse consequences. In fact, some of those in charge even signaled tacit approval.

Here’s more of what the Times wrote:

They earned their sentences; but as obstructors rather than defenders of justice, they were not self-taught. They operated within an ingrained culture of contempt, mismanagement, dishonesty and gratuitous violence. It is important to remember that they were trying to block a probe into the widespread use of excessive force, and that such force has been documented against visitors as well as inmates in Los Angeles County jails. It is important to keep in mind also that the department’s Antelope Valley stations were found to have engaged in patterns and practices of racially based discrimination and unconstitutional stops, searches, seizures and detentions. Settlement talks are ongoing in a lawsuit alleging that top sheriff’s officials condoned a pattern of violence against inmates. A court-appointed monitor is operating under a similar lawsuit alleging mistreatment of mentally ill inmates going back decades, and the U.S. Department of Justice advised the county earlier this year that it too would go to court over treatment of the mentally ill in the jails. Meanwhile, a Times investigation found fluctuating hiring standards that sometimes drop so low as to suggest the department will hire, at times, almost anyone.

In other words, despite the many decent men and women who daily do good, honest, tough-but-fair-minded work as members of the Los Angeles Sheriff’s Department, this is an agency still in deep trouble, and reforming it in any meaningful way is going to be a challenging endeavor.

Which brings us back to the sentences handed out on Tuesday: at the risk of sounding like a broken record, we truly hope that this summer’s convictions are simply the starting point, and that the government’s prosecutors go on to indict some of those who gave the orders that have resulted in six department members losing their careers and—barring some kind of appellate intervention—heading for prison. (More accurately, make that seven department members, counting James Sexton, whose retrial and conviction is another topic altogether, which we’ll discuss at a later time.) Such additional indictments would signal, with more than mere rhetoric, that it is the department’s culture as a whole that needs fixing, not just the actions of 21 individuals.


LISTEN TO WHICH WAY LA? ON TUESDAY’S SENTENCING

Which Way LA? with Warren Olney did a show on Tuesday’s sentencing of the six LASD department members that features Brian Moriguchi, president of Professional Peace Officers’ Association (PPOA), and Peter Eliasberg, legal director for the Southern California ACLU. It’s definitely worth a listen.



ERIC HOLDER RESIGNATION: WHO WILL COME AFTER AND WILL THEY PAY ATTENTION TO JUVENILE JUSTICE & SENTENCING REFORM?

Attorney General Eric Holder’s surprise announcement Thursday of his resignation has many speculating who will replace him.

For justice activists Holder has been a mixed bag. They point to his unwillingness to prosecute “too big to jail” banks and others responsible for the 2008 financial crisis, and his support of government spying, and the like.

Yet in the last few years, Holder has become very active in the criminal justice reform arena, particularly when it comes to disparities in sentencing, and issues of juvenile justice.

So, as the speculation revs up about who will replace Holder, activists are preemptively worrying that many of the justice reforms Holder has recently supported, will not be a priority for his successor.

Interestingly, Yahoo News and CNN put Kamala Harris on their list of possibles, while the New York Times did not. (Thursday, Harris issued a statement saying she intends to stay in California.)

Here are the Wall Street Journal’s picks, which also include Harris. And here’s USA Today.

We will, of course, be keeping an eye on the matter of Holder’s replacement—with justice issues in mind—as it unfolds.


A HEAD START & TRAUMA SMART PRESCHOOL PROGRAM HELPS KEEP STRUGGLING KIDS IN SCHOOL

Some kids are so adversely affected by trauma at an early age that when they show up at preschool they have trouble behaving appropriately. In the past, teachers tended to expel such acting out-prone children from preschool programs, not always out of lack of compassion, but because they simply didn’t know what else to do.

Then in 2005, a study startled educators by showing that preschool kids were three times more far more likely to be suspended or expelled than those in any of the K-12 grades—numbers that have continued to worsen in the years since.

Recently, however, certain preschool programs around the country have begun experimenting with methods that address the causes of trauma-based behaviors in young children that, in the past, risked derailing a three or four-year-old’s academic future before it ever started.

The PBS Newshour with host Judy Woodruff and correspondant Molly Knight-Raskin looked at one such program last July. And, as we were surveying this year’s important stories on the issue of childhood trauma, we decided that this show was too important to miss.

Here are some clips:

Every year, thousands of children in this country are expelled from school before they reach kindergarten. In fact, studies show that preschool children are expelled at significantly rates than those in kindergarten through 12th grade.

Special correspondent Molly Knight Raskin reports on a program in Kansas City, Missouri, that’s trying to stem this trend by looking beyond the classroom to the issues these kids face at home.

MOLLY KNIGHT RASKIN: In many ways, Desiree Kazee, is a typical 5-year-old girl. She’s bubbly, bright and affectionate. Her favorite color is pink. And she enjoys drawing and dancing.

But, two years ago, when Desiree began preschool at a Head Start program near her home in Liberty, Missouri, she didn’t seem to enjoy much of anything.

[SNIP]

MOLLY KNIGHT RASKIN: Janine Hron is the CEO of Crittenton Children’s Center, a psychiatrist hospital in Kansas City. In 2008, Hron and her team developed Head Start Trauma Smart, an innovative program that evidence-based trauma therapy into Head Start classrooms.

The program was created in response to the pervasiveness of trauma in the Kansas City area. Of the 4,000 kids in Head Start, 50 percent have experienced more than three traumatic events.

JANINE HRON: This is not a one-and-done kind of a bad experience. This happens over and over and over, and it becomes rather a lifestyle of trauma.

MOLLY KNIGHT RASKIN: Studies show that one in four preschool-age children experience a traumatic event by the start of kindergarten. Because so many of these children respond to traumatic stress by acting out, they prove a challenge to teachers and caregivers, who find that traditional methods of, like scolding them or putting them in a time-out, don’t work. In fact, these methods often makes things worse, leading to suspension or expulsion.

Avis Smith, a licensed social work at Crittenton, explains why.

AVIS SMITH, Crittenton Children’s Center: Their behaviors are so extreme, that the adults don’t know how to keep everybody safe….


HOW LONG BEACH POLICE CHIEF AND SHERIFF CANDIDATE MCDONNELL DEALT WITH OFFICER INVOLVED SHOOTINGS

In 2013, 15 people were shot—or shot—at by Long Beach Police officers, a rate that was about twice the average for the city. Community members were very upset. Long Beach Police Chief and candidate for LA County sheriff, Jim McDonnell, was front and center as the man held responsible.

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

Nearly a year after her son was shot and killed by a Long Beach police officer, Shirley Lowery still keeps the urn holding his remains on a makeshift alter on a bar near the back door of her house.

“I was going to deposit his ashes,” Lowery said, “but I just can’t let him go.”

She still can’t sleep well either, her mind racing.

“The other night, I woke up at 3:15 and it was like a recording,” she says. “When he was born, when he learned how to walk, the first time he went snowboarding, the first time he went surfing. It keeps flashing.”

Her son, Johnny Del Real, was one of 15 people Long Beach police officers shot or shot at in 2013— about double the average in the city, records show.

The rash of shootings provoked protests, lawsuits (including Lowery’s current $10 million claim against the city) and questions about the tactics used by the Long Beach Police Department.

At the center of those questions was Jim McDonnell, the current police chief and frontrunner to win the job of Los Angeles County sheriff in the November election.

Darick Simpson, head of the Long Beach Community Action Partnership, said one of the men shot last year was friendly with kids in one of his group’s youth programs.

When Sokha Hor, 22, was critically wounded by police, at first his family was kept from seeing him in the hospital. Public outrage ensued and a lot of kids in Simpson’s program participated in protests.

But McDonnell and his staff’s willingness to share information – and desire to hear the kids’ side of the story – helped mitigate the tension, Simpson said.

“You know there’s three sides, right? Your side, my side, and the truth of any given story,” he said. “We came to a greater understanding of a truth that diffused an issue that could have been blown up into bigger than what it needed to be.”

McDonnell said he reacted to the spate of 2013 shootings by looking at the evidence in each case. Most involved people who were armed with real or replica weapons.

“To try and say why is one year higher than another year is difficult,” he said. “We look at each officer-involved shooting based on the merits of that shooting. The circumstances that led up to it, the tactics the officers used, the use of force itself. And then what they did after the use of force.”

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca, The Feds, Trauma, U.S. Attorney | 31 Comments »

Rigid New Screening Process for Visiting CA Prisoners, Black Girls Face Harsher Discipline at School, Risk Assessment in Sentencing…and More

September 25th, 2014 by Taylor Walker

CDCR ANNOUNCES MORE RIGOROUS SCREENING PROCESS FOR CALIFORNIA PRISON STAFF AND VISITORS, IN ATTEMPT TO CURB DRUGS ENTERING PRISONS

The California Department of Corrections and Rehabilitation has announced that, starting mid-October, state prison staff and visitors will be subject to much tougher screenings, in an effort to cut off prisoners’ access to illegal drugs. Both staff and visitors will be randomly chosen to submit to hand swabs and drug-sniffing dogs. Visitors will be strip-searched if either test suggests contact with drugs. While visitors would be allowed to walk away without submitting to a strip-search, anyone found to have drugs on them would be referred for possible prosecution.

Inmate advocates say the significantly more invasive screening process will rely on methods that are often faulty, and will also likely dissuade inmates’ loved ones from visiting them. This is of particular concern, since visits from family and friends have shown to produce better outcomes for inmates, both during the time they are behind bars, and once they are released back into their communities.

The Associated Press’ Don Thompson has the story. Here are some clips:

“As a family member, it is a serious violation of my human rights to be forced to be humiliated in order to see my brother and give him family support,” Marie Levin of the Prison Hunger Strike Solidarity Coalition said in a statement.

Corrections officials say they are taking the steps to control a growing problem in California’s 34 adult prisons.

“The whole point is to deter and detect trafficking into our prisons,” Department of Corrections and Rehabilitation spokeswoman Dana Simas said. “It’s a serious issue.”

Drug-sniffing dogs discovered 404 pounds of illicit drugs last year and another 29 pounds through the first half of this year, prison officials said. Since July 1, another 26 pounds was discovered without the use of dogs. Each time, marijuana accounted for most of it.

So far this year, the department has had 546 visitors arrested on suspicion of attempting to smuggle drugs and cellphones into prisons.

The state plans to spend at least $30,000 for each of the ion scanners that will be used to test the hand swabs. The machines are identical to those used by airport security to detect traces of explosive materials, but in this case will be programmed to scan for traces of the four drugs: marijuana, heroin, cocaine and methamphetamine.

California plans to install at least two of the detectors at each state prison if funding permits, starting with 11 where illicit drugs are the biggest problem. The emergency regulations are expected to go into effect on a test basis in October.

[SNIP]

Prison advocacy groups criticized the new policy, saying it relies on two methods that sometimes provide false-positive test results. They said the Federal Bureau of Prisons abandoned its use of the ion-detector hand-swabbing machines in 2008 because of complaints about unreliability.

Representatives of national associations representing state prison and county jail officials and state legislators said they were unaware of any other state or local jail currently using the ion scanners.


BLACK FEMALE STUDENTS FACE EDUCATION AND DISCIPLINE DISPARITIES

Black girls frequently receive more severe punishments than white girls for the same offenses at school, despite not being any more likely to act out than their white counterparts, according to a new report from the National Women’s Law Center and the NAACP Legal Defense and Educational Fund.

According to the Dept. of Education, black girls make up 17% of enrolled female students, but receive 31% of girls’ referrals to law enforcement, and comprise 43% of school arrests of all female students.

The Huffington Post’s Rebecca Klein has more on the data. Here’s a clip:

When Georgia high school student Tiambrya Jenkins was in ninth grade, the teen, who is black, got into a fight with a white classmate. Both girls were transferred to an alternative high school as a result, but the white student returned to regular school after 90 days. Jenkins had to stay in the alternative school for a year.

“It was like being in prison,” Jenkins, now 16, said in a press release for the National Women’s Law Center. “The classrooms had no windows. There was an adult in the room, but there was almost no teaching. We’d just sit around and talk until the bell rang. A year later, I was finally sent back to my regular school. But, by then, my classmates were way ahead of me.”

Jenkins’ experience isn’t unusual for black female students, who are routinely given harsher punishments than white students — even though no evidence shows black students are more likely to misbehave, according to a report Tuesday from the National Women’s Law Center and the NAACP Legal Defense and Educational Fund. The report outlines the discipline disparities for African-American girls, and notes that pervasive racial and gender biases in education often prevent students from succeeding.

While black male students are the most frequently suspended, African-American girls also disproportionately receive harsh punishments, the report says. The discipline disparities for black girls are likely related to racial and gender stereotypes that portray African-American females as “loud, confrontational, assertive, and provocative,” the report says.


TAKING A CLOSER LOOK AT RISING USE OF RISK ASSESSMENT IN SENTENCING

The Wall Street Journal’s Joe Palazzolo has an intriguing story about the complexities of judges’ increasing use of risk assessment tools to aid in sentencing rulings.

Risk assessment efforts have been touted as a means of reducing the country’s astronomic prison population and corrections spending by estimating an offender’s risk of reoffending. Judges (and prisons and parole boards) using risk assessment look at factors such as prior offenses, marital status, age, sex, education, employment, and sometimes where a person lives. But while risk assessments are potentially useful, they are also extremely controversial because of a number of possible pitfalls.

In August, in response to a risk assessment bill making its way to Obama’s desk, US Attorney General Eric Holder spoke out against using risk assessment to calculate drug sentences, saying that a number of the criteria (like education and location) may have an adverse effect on minorities and the poor. (California, for instance, uses a misguided form of risk assessment to tack on extra time behind bars via “sentence enhancements.”)

Palazzolo’s WSJ story is behind a paywall. Here’s a relevant clip, for those who don’t subscribe:

Many parole boards now weigh risk scores when considering early release, and prison officials use them to determine the level of security offenders need during their stay. But the adoption of such tools has sparked a debate over which factors are acceptable. Attributes such as age or sex, which employers are generally forbidden from including in hiring decisions, are considered by criminal-justice experts to be strong predictors of whether an offender is likely to commit a crime in the future.

The measures vary widely but generally are based on an offender’s criminal history and, in addition to age and sex, may include marital status, employment and education, according to Sonja Starr, a law professor at the University of Michigan.

Pennsylvania, one of the latest states to turn to actuarial tools in sentencing, is building a test that weighs the nature of offense, criminal history, age, sex and county of residence. The last factor is the most controversial as it could be considered a proxy for socioeconomic status. Missouri takes into account current offense and criminal history, age, whether the offender has a history of substance abuse, education level and employment.

Judges aren’t bound by the evaluations, but there is evidence they are taking them into account. Virginia officials attribute a more than 25% drop in the number of nonviolent offenders sent to prison annually to the assessments, used to score felons convicted of fraud, larceny and drug crimes since 2003. In the past decade, the percentage of offenders serving prison terms for violent crime has risen to 74% from 61%, said Chief Judge Bradley B. Cavedo of Richmond Circuit Court. “It doesn’t really control the outcome, but it is useful information,” he said of the measures.

The efforts have drawn skepticism from Attorney General Eric Holder, who told a group of defense lawyers in Philadelphia last month that basing sentencing on factors such as a defendant’s education level “may exacerbate unwarranted and unjust disparities.”

There is no research yet on whether the use of risk evaluations in sentencing has aggravated, for example, the gap between sentences for black and white men for similar crimes. Ms. Starr said the disparities created by risk measures are evident. “When it comes down to it, these assessments stand for the proposition that judges should sentence people longer because they were in foster care as children or had too many bouts of unemployment,” she said.

Christopher Slobogin, a Vanderbilt University law professor, said the alternative was potentially worse. “At least these risk-assessment instruments don’t explicitly focus on race or poverty, unlike what might occur in a sentencing regime where judges are making risk assessments based on seat-of-the-pants evaluations,” he said.


UNDOCUMENTED AT HARVARD

Dario Guerrero found out he was an undocumented immigrant at age 16. All at once, he learned that he could not obtain a California driver’s license, legally work, visit his family in Mexico, or receive financial aid to attend most US colleges. But a few private colleges, and all Ivy League schools, did offer assistance and full-rides to students in need, and Guerrero found himself accepted to Harvard on a full scholarship.

Here’s a clip from his story for the Washington Post:

A few weeks later, Oscar and I sat down, college applications in hand, to share what we had learned on our travels. We created a Web site for other undocumented students with everything we had learned by e-mail, phone, and in person. We got to work on our applications. Although we were undocumented applicants, most schools still asked to see some proof of income so they could determine our financial-aid award. Thankfully, my parents had filed taxes since the year we arrived; I sent our latest returns.

I applied to every Ivy League school, the University of Chicago, Georgetown, Wesleyan, Washington and Lee, and College of the Atlantic. On Jan. 11, as I sat in the library doing research for a government class project, I got a call from a Massachusetts area code. The Harvard Admissions Committee had voted to send me a likely letter of admission. (Oscar later got a call from Cornell.) And they gave me a full ride. This meant I wouldn’t have to worry about student loans or quarterly tuition payments; that I always had a place to stay away from home; that I could travel every semester, on Harvard’s dime, back to California; that my parents would never have to worry whether I’d finish school. Those are luxuries few people, documented or not, ever have.

I used to think that being undocumented was a disadvantage to me. I used to mourn the fact that I was different. But ultimately I realize that it was because of, not in spite of, my identity — as an undocumented Chicano — that I was been able to do what I did. Being something different in the socioeconomic fabric of the United States gave me the perspective I have.

Posted in CDCR, Education, prison policy, race and class, Sentencing | No Comments »

LA County Sheriff’s Department 6 Sentenced: Terms Range From 21 Months to 41 Months

September 23rd, 2014 by Celeste Fremon


The six members of the Los Angeles Sheriff’s Department—who were convicted in July of obstruction of justice in connection
with their interference in an FBI investigation into brutality and corruption by members of the LASD—were sentenced Tuesday morning by U.S. District Court Judge Percy Anderson.

Although Anderson set the sentences a little lower than those the government requested, he did not lower them by much. He was not going to hand down sentences that “trivialized” the actions of the defendants, Anderson said to the overflow crowd in the courtroom.

“They had a choice between right and wrong,” he said, looking at the defendants, and they “chose to reject” the right choices. “You broke the vow you made to protect the public.”

Andersen also talked about the “corrupt culture in the sheriff’s department,” that he said the defendants’ actions fostered.

“You don’t serve the public by intimidating witnesses, hiding an informant, threatening to arrest an FBI agent for the crime of simply doing her job,” Anderson said.

The defendants acted, he said, “not to further” their own investigation into corruption in the department, “but to stop a federal investigation.”

Such actions, he said, do irreparable harm to the public trust. “It destroys the fabric of our justice system.”

Anderson also made a point of remarking several times that the defendants have shown no regret for their actions.

“None of you have shown the slightest remorse,” he said.

The exact terms are as follows:

Gregory Thompson, 54, a now-retired lieutenant who oversaw LASD’s Operation Safe Jails Program (OSJ): 37 months in prison and a $7,500 fine.
• Lieutenant Stephen Leavins, 52, then assigned to the LASD’s Internal Criminal Investigations Bureau: 41-months in prison.

Gerard Smith, 42, a deputy assigned to OSJ under Thompson: 21 months in prison

Mickey Manzo, 34, a deputy assigned to OSJ also under Thompson: 24-months in prison.

Scott Craig, 50, a sergeant assigned to the Internal Criminal Investigations Bureau (ICIB): 33 months in prison.

Maricela Long, 46, a sergeant also assigned to ICIB: 24 months in federal prison.

Following the completion of their prison sentences, each defendant will serve one year on supervised release.

Anderson also reminded each of the defendants and their attorneys that they had 14 days to file an appeal or the opportunity for appeal will evaporate.

All of the six are required to surrender on January 2, allowing them to spend the holidays with their families.

“Percy Anderson is a judge who is usually not a man of many words,” noted Miriam Aroni Krinsky, the executive director of the Los Angeles County Citizens’ Commission on Jail Violence. Krinsky is herself a former Assistant U.S. Attorney, so she is familiar with Anderson’s manner and moods. In watching him handing down verdicts on Tuesday, she said that the judge seemed unusually affected by what the case signified.

“This was as angry and as troubled as he gets,” she said.

Indeed, after the sentences were delivered, but before he dismissed the crowd, Judge Anderson looked out over those assembled, his expression anything but happy.

“There really are no winners today,” he said.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 79 Comments »

MacArthur Genius Jonathan Rapping Interview, AG Kamala Harris Missing Report Deadlines, Inadequate Care for Mentally Ill Riverside Inmates, and the “Justice on Trial Film Festival”

September 23rd, 2014 by Taylor Walker

NPR INTERVIEW WITH MACARTHUR FELLOW AND CRIMINAL JUSTICE EXPERT JONATHAN RAPPING

Recently named a MacArthur “genius,” Jonathan Rapping is a veteran public defender who founded “Gideon’s Promise,” a public defender training program to raise the quality of representation provided to poor defendants.

Rapping was one of two criminal justice experts given a MacArthur genius grant, this year. The other was Jennifer Eberhardt, a psychologist whose research has revealed racial bias in the criminal justice system.

Charles Pulliam-Moore interviews Rapping on NPR’s Code Switch about why he became involved in reforming public defense, and how Gideon’s Promise helps perpetually overburdened public defenders give quality defense to poor people facing a criminal justice system stacked against them. Here’s a clip:

How did you initially become interested in reforming the way public defenders represented their clients?

Rapping: After Hurricane Katrina hit, I was invited to come to New Orleans to and help with the effort to rebuild their public defender office. It was my first introduction to systems that were incredibly dysfunctional and had come to accept an embarrassingly low standard of justice for people.

In what ways were the standards low?

You would see these systems where human beings — almost exclusively poor and disproportionately people of color — were brought into these systems and just processed. No one was treated like a human being. …

It starts with legislators who in a “tough on crime” environment are really pressured to basically over-criminalize behavior. Then you get police who feel pressured to make arrests and to target certain communities. Prosecutors who frequently feel the pressure of a “tough on crime” environment charge more cases than the system is equipped to handle. As the system gets overwhelmed, the goal becomes getting this overwhelming number of cases through the system. Rather than focusing on justice, taking our time, and making sure that every person gets what our Constitution deserves, we start looking for shortcuts. …

Prosecutors start doing things like asking that poor people be held on bonds they can’t make. They do this knowing that when you’re sitting in jail on a bond you can’t make and the only way to get out is to take a plea, that’s an incredibly powerful tool for a prosecutor to get a quick conviction.


CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS HAS LEFT AT LEAST 13 CRIMINAL JUSTICE REPORTS UNFINISHED SINCE 2011

California Attorney General Kamala Harris seems to have missed deadlines on at least nine important criminal justice reports for 2013, and four between 2011 and 2012. The missing reports have created a gap in data on juvenile justice, organized crime, gun use, and hate crimes, among other issues. The delayed reports can cause problems for law enforcement, lawmakers, and researchers for whom current data is important.

U-T San Diego’s Ashly McGlone has the story. Here’s a clip:

The late reports — covering hate crimes, juvenile justice, firearms use during the commission of a crime and other topics — are meant to provide the public a snapshot of trends in criminal activity and insight into the dealings of the Department of Justice.

As the state’s top law enforcer, Harris is entrusted in the state Constitution “to see that the laws of the state are uniformly and adequately enforced.”

The most overarching report that Harris is late producing is the Biennial Report of Major Activities by the Attorney General, which the law requires her to produce every other year. The 2012 report was due two years ago, and the 2014 report was due last week.

The report is supposed to provide the governor with budget information and recap the accomplishments of the Attorney General’s Office, including court cases litigated and legal opinions issued.

U-T Watchdog reported on the tardiness of that report in April, and Harris’s office said at that time that the 2012 report would be complete within months and the 2014 report would be completed on time on Sept. 15.

[SNIP]

Several 2013 reports were due earlier this year, and have not been posted:

On March 1, the Asset Forfeiture Report was due, with information on all seizures of assets from illegal drug activities initiated throughout the state during the calendar year.

In April, two more reports were due, one detailing electronic surveillance efforts and results and one cataloguing the number and type of firearms used most frequently in the commission of violent, homicidal, street and drug trafficking crimes.

In July, separate reports were due on hate crimes and the juvenile justice system. Also, the Crime in California report was due, including statistics on reported crimes, arrests, dispositions, adult felony arrests, domestic violence calls, officers killed or assaulted and more.


LOS ANGELES ISN’T THE ONLY COUNTY STRUGGLING TO PROPERLY CARE FOR MENTALLY ILL INMATES…RIVERSIDE IS, TOO

A current federal class-action lawsuit and a couple of grand jury reports call attention to the substandard care Riverside County provides to the mentally ill.

The sheriff’s department says that it is working to address the issues, in part, by adding more staff and beds for mentally ill inmates, as well as a fast-track to treatment for those incapable of standing trial. But inmate advocates say these changes only accomplish damage control, and that the whole mental health care system needs to be rebuilt.

The Press Enterprise’s Richard De Atley has the story. Here’s how it opens:

California’s prison realignment has sharpened an already critical focus on Riverside County’s treatment of mentally ill and suicidal jail inmates – issues cited in negative grand jury reports and in a current federal court lawsuit.

Sheriff’s and mental health officials said they are trying to close the gaps, doubling the number of dedicated beds for mentally ill inmates and increasing the mental health personnel to care for them. The sheriff has also established a faster treatment program for those declared incompetent to stand trial.

Treatment of mentally ill patients is a big component of state prison realignment, which focuses on local incarceration, probation and rehabilitation for nonviolent offenders.

But one psychiatrist, who reviewed Riverside County’s five adult jails on behalf of the inmates who are part of the federal lawsuit, said mental health care remains in “crisis management mode” this year, despite grand jury reports in 2011 and 2012 that cited inadequate mental health worker staffing and other systemic problems.

Sara Norman, an attorney representing Riverside County inmates in the federal lawsuit, said her clients aren’t the only ones who would benefit from improvements in mental health care.

“A poorly run system is harmful to patients, but also demoralizing and difficult for health care staff and detention staff,” she said. “You have a very difficult population. The vast majority are getting out, and it’s a burden on health care on the outside to deprive them on the inside.”

Among the lawsuit’s several claims are that psychotropic medications are poorly managed and monitored for jail inmates.


FILM FESTIVAL: “JUSTICE ON TRIAL” CHALLENGES THE PRISON INDUSTRIAL COMPLEX

LA Progressive’s Dick Price and Sharon Kyle interviewed Susan Burton, the executive director of A New Way of Life Reentry Program, which helps formerly incarcerated women in South Central land on their feet with housing, food, clothing, and reentry services. Burton has a personal knowledge of prison’s revolving door, having cycled in and out of lock-up herself for 15 years.

Burton is now working on the second annual “Justice on Trial Film Festival,” which focuses on the American prison system’s effect on people, particularly people of color. The festival will take place September 26 and 27 at Cal State Long Beach. (You can register here.)

Price and Kyle spoke with Burton about mass incarceration, the film festival, and Prop 47. Here’s a clip:

Dick and Sharon: What do you hope the Justice On Trial Film Festival will accomplish?

Susan: Our intention is to alert the broader public with what’s going on with our mass incarceration system, here in Los Angeles and across the country. We’ve brought together well-known speakers and a collection of independent films whose creators have been moved to promote the end of mass incarceration.

We moved this year’s second annual event to Long Beach because that city has such a high number of formerly incarcerated people living there. This area is majorly oppressed, with high rates of incarceration, high rates of homelessness, high rates of police killings.

Dick and Sharon: You’ve been a strong supporter of Yes Prop 47. If passed, what kind of impact would this initiative have in your life and in the lives of the women who come through A New Way Of Life Reentry Project?

Susan: Prop 47 takes six low-level, nonviolent felonies—such as shoplifting, drug possession for personal use, writing bad checks—and makes them into misdemeanors. It then puts some of the money saved by not incarcerating so many people into drug treatment and mental health programs to help people stay out of trouble in the first place.

For me and the women of A New Way Of Life, Prop 47 would mean that we would not have had to go to prison. It would have meant that we would have gotten help for our problems with drugs and alcohol. It would have let us have clean records so we would not have to go through life with the burden of wearing the label “convicted felon” around our necks, dragging us down.

Posted in jail, Mental Illness, Public Defender | 2 Comments »

“Drugging Our Kids” Part 2, Nuestra Familia, City Attorney’s Community Court Program, and Rick Orlov Interviews Paul Tanaka

September 22nd, 2014 by Taylor Walker

D’ANTHONY’S JOURNEY THROUGH 29 DIFFERENT HOMES AND A PLETHORA OF ANTI-PSYCHOTICS

Last month, we linked to part one of Karen de Sá’s powerful investigative series for the San Jose Mercury about the alarming overuse of psychotropic medications to treat California kids in the foster care system.

Part two of de Sá’s series takes us through the heartbreaking story of D’Anthony Dandy, a foster kid who was moved 29 times to various group homes, foster families, and shelters, and prescribed cocktails of anti-psychotic drugs from the age of 13 to improve his behavior. D’Anthony broke free from the psychotropic fog, graduated high school, and is now living in his own apartment and reconnecting with his family through the help of Tara Beckman, his court-appointed advocate.

Here are some clips, but read the rest (and watch the beautiful videos):

Whisked away from his drug-addicted mother, then rejected by his adoptive mom, D’Anthony Dandy spent his childhood wondering where he fit in. Often, the trauma made him depressed. Sometimes it made him defiant.

At school, he called his teacher “bald-head,” hurled pencils and got suspended twice in the ninth grade.

So California’s foster care system did what it often does with a complicated kid — it moved him.

Twenty-nine times.

And, in a futile attempt to control his behavior and dull his pain, it medicated him for years with a risky regimen of mind-altering drugs — lithium, Depakote, even an adult dose of the powerful antipsychotic Risperdal.

D’Anthony’s story, revealed through dozens of interviews over 10 months and an exhaustive review of his juvenile dependency court records, illustrates a disturbing pattern detailed in “Drugging Our Kids,” this newspaper’s yearlong investigation: When it comes to managing challenging childhoods, the nation’s largest child welfare system relies on expedient choices that often don’t work and resists tough ones that do.

It took an extraordinary adult who finally listened to help D’Anthony realize there might be a better path, but his frequent moves and a haze of medication made it difficult for him to settle down.

Until then, “nobody actually told me like, ‘What’s goin’ on?’ ” said D’Anthony, now 19. “ ‘What’s goin’ on in the inside? I know you can be a good kid.’ ”

[BIG SNIP]

At least 14 psychiatrists throughout Northern and Central California examined D’Anthony, diagnosing him variously with post-traumatic stress, reactive attachment, major depression, bipolar disorder and attention-deficit hyperactivity. They prescribed an ever-changing “cocktail” of medications, including two antipsychotics at once, that experts called dangerous and ineffective after reviewing his case at this newspaper’s request. One even called it “disgusting.”

De Sá’s valuable reporting is already having a considerable legislative impact. In late August, lawmakers called for fast-tracked legislation to curb the rampant drugging of California’s foster kids, and the state medical board began investigating doctors at Sen. Ted Lieu’s request.

Now, de Sá reports that, beginning October 1, California doctors will have to obtain additional authorization by pharmacists to prescribe antipsychotics to kids under 17 who are on Medi-Cal, which includes foster kids. Here’s a clip:

Beginning Oct. 1, a state pharmacist must verify the “medical necessity” of each antipsychotic prescription before the medications can be given to children who are 17 and younger and covered by Medi-Cal, the state’s health program for the poor that also includes foster children.

The tightened restrictions come three years after the federal government called on states to better monitor the use of psychotropic medications on foster children….

Doctors involved in statewide efforts to curb overmedication of foster youth called the new measure a good start — though they say it’s still up for debate whether it will have a widespread impact.


IMPORTANT NEW BOOK ON NORTHERN CALIFORNIA’S NUESTRA FAMILIA GANG

For more than ten years, award-winning journalist Julia Reynolds followed Nuestra Familia, the powerful northern California gang that was born a half century ago in San Quentin State Prison, then spilled its violence outside the prison walls into the farm towns of Monterey County and beyond. The result of Reynolds’ unprecedented access to gang members and their families is an excellent and deeply-sourced new book, Blood in the Fields: Ten Years Inside California’s Nuestra Familia Gang, in which she follows the lives of individual members of Nuestra Familia, and of the local law enforcement who try to combat their influence. Reynolds looks at the decade-long Operation Black Widow, the FBI’s controversial and largely unsuccessful attempt to take down Nuestra Familia, and at the split structure of the gang’s leadership, which now calls shots from inside Pelican Bay State Prison, and from the supermax federal prison in Florence, CO, causing new friction and attendant violence within the gang.

KPCC’s Take Two has more on Reynolds and her new book. Here’s a clip:

“A lot of young kids were dying,” she recalled. In the farm cities along California’s northern coast, shootings and revenge hits were tearing communities apart.

“I finally decided that as a journalist and living in the area, it was my responsibility to face this issue and see what was going on,” said Reynolds.

So she embarked on a journey that took her inside the lives of the gang’s top leaders, operating from Pelican Bay State Prison, to its foot soldiers and recruits on the streets of Salinas, recording both the mundane and the chilling details of Nuestra Familia. She also explores the law enforcement agents and their battle against the gang.


PILOT PROGRAM TO GIVE LOW-LEVEL OFFENDERS SECOND CHANCE TO SERVE COMMUNITIES INSTEAD OF FACING JAIL

As part of the City Attorney Office’s Community Justice Initiative, the Neighborhood Justice Program will form community courts in South LA, the Valley, and the Harbor area. The program will give low-level offenders—those who have committed quality of life crimes—a chance to repay their communities instead of going to jail. (We previously linked to the city attorney’s Neighborhood School Safety Program, which is part of the same initiative.)

Park Labrea News’ Aaron Blevins has more on the program. Here’s a clip:

“This is likely to be, if it continues to grow as we anticipate, the largest effort of its kind in the nation,” Feuer said during a meeting with reporters at his office.

The model calls for violators of quality of life offenses to go before a panel of trained community members, who would determine a fitting way for the individual to make it up to the neighborhood.

For example, if an individual is arrested for graffiti, accepts responsibility and his or her case is handled by a community court, he or she could be tasked with repainting the wall that was vandalized. In return, the court would provide the individual with services and the city attorney’s office will not file charges.

Feuer said that is in contrast to the traditional system, in which an individual is arrested, it takes “awhile” for the system to process the charge and, in the end, the neighborhood may or may not notice the intervention of the justice system. With jails being overcrowded, there is very little consequence as a result, he said.

[SNIP]

Feuer said his office opted to partner with neighborhood-oriented locations that are the “centers of community life.” The goal is to host one panel per week at each location, he said.

The city attorney said the approach has been used in San Francisco, though they are not exactly alike. He said the community court there handles approximately 600 cases per year, and he expects the L.A. version to exceed that figure. The office hopes to handle four cases per session, and court will be in session in the early evening to ensure access.


PAUL TANAKA TALKS WITH RICK ORLOV ABOUT HIS CAMPAIGN FOR SHERIFF

The LA Daily News’ Rick Orlov interviewed former LA undersheriff Paul Tanaka about his campaign for sheriff, which save for a tweet or two and one video, has appeared to be largely nonexistent. Tanaka also discusses his time as undersheriff and as current mayor of Gardena. Here are some clips:

…[Tanaka] insisted in a telephone interview, he remains in the race and is planning an active effort in the final weeks leading up to the election.

“I am absolutely campaigning,” Tanaka insisted in a telephone interview this past week. “I do have a campaign. It is a different type of campaign. Sometimes you need a change in the team makeup. I felt we needed to make some adjustments, and that’s what we have done.”

The changes are stark.

No campaign manager or aides. No active Web page, relying instead on Facebook. No plans for advertising. There are no debates for the runoff, unlike the series of confrontations held in the primary.

[SNIP]

In talking with Tanaka, however, it appears he is still shell shocked over the way the election turned out. He barely managed a second-place finish to McDonnell to force a runoff election. With 49.4 percent of the vote, McDonnell fell just short of avoiding the runoff. Tanaka came in a distant second with 15.1 percent.

“Look, there were six people running against me and they decided to all attack me as if I was the sheriff,” Tanaka said. “I actually had very little to do with all the areas of controversy in the jails. That was outside my area. When I was in charge of the jails, we didn’t have the same problems.”

[SNIP]

Tanaka said he has consoled himself over how he was attacked and with the fact that he was able to make the runoff.

“The fact we are still in this has given a lot of people hope, and I’ve been pleasantly surprised by how many people were energized by the fact we have made it as far as we did. It is what keeps me going.”

But Raphael Sonenshein, executive director at the Pat Brown Institute at Cal State L.A., said it appears to the public as if the Tanaka campaign has evaporated.

“You see this in other elections where an incumbent faces a light challenge, but in this one, he had a lot of money and an identified base of support that he was counting on,” Sonenshein said. “When he did so badly in the primary, I think the rationale for his candidacy collapsed. After that, he had to keep a low profile.”

After the primary, Tanaka closed down his main campaign office in Torrance and didn’t even inform his staff members.

Tanaka said he simply moved the operation to El Monte and has continued to speak to groups that invite him. His most recent campaign reports show him with a deficit of $18,000.

Posted in City Attorney, DCFS, Foster Care, Gangs, LASD, Paul Tanaka, Sentencing | 7 Comments »

Sentencing Delayed for 6 From LA Sheriff’s Department Convicted of Obstruction of Justice

September 22nd, 2014 by Celeste Fremon



Sentencing has been delayed by one day for the six members of the Los Angeles Sheriff’s Department
who were convicted in early July of obstruction of a federal investigation in connection with hiding FBI informant Anthony Brown from his fed handlers.

The sentencing, by Judge Percy Anderson, of Gerard Smith, Mickey Manzo, Scott Craig, Maricela Long, Stephen Leavins, and Gregory Thompson was to take place on Monday, September 22.

Anderson will now hand down sentences at 9 a.m. Tuesday, September 23.

Posted in FBI, LA County Jail, LASD, The Feds, U.S. Attorney | 9 Comments »

Justice Bills, InsideOUT Writers, Prison Gangs, and More on the Probation Dept. Workers Comp. Fraud

September 19th, 2014 by Taylor Walker

BILLS FOR HOMELESS KIDS, REENTRY SERVICES, AND SAFEGUARDING JUSTICE PROGRAMS ON THEIR WAY TO CONGRESS

Right before the US Senate Judiciary Committee headed into recess, it approved three noteworthy social-justice-related bills.

The Runaway and Homeless Youth and Trafficking Prevention Act, S.2646, would fund housing and “trauma-informed and gender-responsive” services for teens who are homeless or have runaway from home. The bill also aims to increase the time kids are allowed to stay at basic shelters from 21 days to 30 days, as well as require that shelters offer counseling. The bill would also create a fund for young victims of trafficking out of money recovered from sex trafficking sting operations.

The second bill, S.1690, would renew funding to the Second Chance Act at $100 million to pay for developing state and local reentry services for kids and adults.

And the final piece of legislation would change a portion of the Prison Rape Elimination Act. So far, only two states have passed compliance with PREA. (California is not one of them.) States that do not become compliant face a 5% deduction from the federal funding of their prisons. Cornyn’s bill would exempt three programs from the funding fine: the Juvenile Justice and Delinquency Prevention Act, the Violence Against Women Act, and the Edward Byrne Justice Assistance Grants.

The bills will head to Congress once the fall recess has ended, after the November elections.

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

The bill, S.2646, extends the maximum stay at basic shelters from 21 days to 30 days. It also requires transitional living program grantees to provide counseling services and aftercare services to participants.

The legislation would also establish a compensation fund for victims of human trafficking. Sen. John Cornyn (R-Texas), speaking at the committee markup of the bill today, said the fund would be paid for with assets recovered in trafficking stings and by increasing financial penalties on federal sex offenders, who Cornyn described as “among the most affluent in the federal system.”

A second piece of legislation passed by the committee today, S.1690, would reauthorize the Second Chance Act at $100 million. Second Chance funds state and local efforts to improve and expand reentry programs for adult and juvenile offenders.

Cornyn successfully attached an amendment to the reauthorization that actually relates to the penalties involved in another federal law, the Prison Rape Elimination Act (PREA)…


INSIDEOUT WRITERS PROGRAM TEACHES LOCKED-UP KIDS HOW TO EXPRESS THEMSELVES

InsideOUT Writers, an anti-recidivism program taught at three LA juvenile detention facilities, has been helping incarcerated kids learn positive self-expression through writing for nearly two decades. (And we’ve written about it here, and here.)

The Juvenile Justice Information Exchange’s Henry Foster Rubenstein had the opportunity to attend several InsideOUT Writers classes where he was able to experience first hand the impact the teachers and writing have on the kids, and the power the kids themselves have to rise above their incarceration. Here’s a clip:

At 9 a.m. the next day, another IOW teacher, Scott Budnick, brings me into his all-boy class, most in for violent crimes. He has taught IOW classes every Saturday morning since 2003. With him that day are two other teachers, Johnny Kovatch and Susy Sobel. The three create a perfect balance of caring nurture and hard-knock love.

Kovatch bounces around the table, pouring out energy and enthusiasm, while Budnick and Sobel bring it all together.

The teachers emphasize the students must express the talent and effort the teachers knew they’re capable of. The atmosphere begins to get aggressive. Unlike the girls’ class the day before, the boys don’t like opening up about their feelings.

But the teachers are ready to make them dig.

“Sometimes I feel that I’ve been a failure so long I can’t succeed, but I know I have to let that pressure out, and not hold it in,” one student says. Each student uses the writing circle to look inside themselves at the decisions and emotions that set them off-course.

Budnick asks the students to share something they got out of the day. Most say the classes give them a chance to vent. One boy says, “Writing makes me not want to care about the bad things anymore,” while another insists, “Writing makes me believe in myself, knowing I can do it!”


THE COMPLICATED AUTHORITY OF PRISON GANGS ON THE INSIDE, AND HOW THEY REGULATE CRIME ON THE OUTSIDE

The Atlantic’s Graeme Wood has an excellent longread about the complex system of inmate gangs that, in addition to their obvious downsides, also provide the function, particularly in the California state prison system, of imposing a kind of order inside the state’s lock ups. Wood’s story looks as well at how the gangs originated, and how they enforce a system of rules for the drug trade on the streets from inside prison walls.

Here’s a clip, but do yourself a favor and read the story in it’s entirety:

…starting in the 1950s, things changed: The total inmate population rose steeply, and prisons grew bigger, more ethnically and racially mixed, and more unpredictable in their types of inmate. Prisons faced a flood of first offenders, who tended to be young and male—and therefore less receptive to the advice of grizzled jailbirds. The norms that made prison life tolerable disappeared, and the authorities lost control. Prisoners banded together for self-protection—and later, for profit. The result was the first California prison gang.

That moment of gang genesis, Skarbek says, forced an arms race, in which different groups took turns demonstrating a willingness to inflict pain on others. The arms race has barely stopped, although the gangs have waxed and waned in relative power. (The Black Guerrilla Family has been weakened, prison authorities told me, because of leadership squabbles.) The Mexican Mafia was the sole Hispanic gang until 1965, when a group of inmates from Northern California formed Nuestra Familia to counter the influence of Hispanics from the south. Gang elders—called maestros—instruct the youngsters in gang history and keep the enmity alive.

What’s astonishing to outsiders, Skarbek says, is that many aspects of gang politics that appear to be sources of unresolvable hatred immediately dissipate if they threaten the stability of prison society. For example, consider the Aryan Brotherhood—a notoriously brutal organization whose members are often kept alone in cells because they tend to murder their cell mates. You can take the Brotherhood at its word when it declares itself a racist organization, and you can do the same with the Black Guerrilla Family, which preaches race war and calls for the violent overthrow of the government. But Skarbek says that at lights-out in some prisons, the leader of each gang will call out good night to his entire cellblock. The sole purpose of this exercise is for each gang leader to guarantee that his men will respect the night’s silence. If a white guy starts yelling and keeps everyone awake, the Aryan Brothers will discipline him to avoid having blacks or Hispanics attack one of their members. White power is one thing, but the need to keep order and get shut-eye is paramount.

Another common misconception about prison gangs is that they are simply street gangs that have been locked up. The story of their origins, however, is closer to the opposite: the Mexican Mafia, for example, was born at Deuel Vocational Institution, in Tracy, California, in 1956, and only later did that group, and others, become a presence on the streets. Today, the relation of the street to the cellblock is symbiotic. “The young guys on the street look to the gang members inside as role models,” says Charles Dangerfield, a former prison guard who now heads California’s Gang Task Force, in Sacramento. “Getting sentenced to prison is like being called up to the majors.”

But Skarbek says the prison gangs serve another function for street criminals. In a 2011 paper in American Political Science Review, he proposed that prison is a necessary enforcement mechanism for drug crime on the outside. If everyone in the criminal underworld will go to prison eventually, or has a close relationship with someone who will, and if everybody knows that gangs control the fate of all inmates, then criminals on the street will be afraid to cross gang members there, because at some point they, or someone they know, will have to pay on the inside. Under this model, prison gangs are the courts and sheriffs for people whose business is too shady to be able to count on justice from the usual sources. Using data from federal indictments of members of the Mexican Mafia, and other legal documents, Skarbek found that the control of prisons by gangs leads to smoother transactions in the outside criminal world.

Gangs effect this justice on the inside in part by circulating a “bad-news list,” or BNL. If your name is on a BNL, gang members are to attack you on sight—perhaps because you stole from an affiliate on the outside, or because you failed to repay a drug debt, or because you’re suspected of ratting someone out. Skarbek says one sign that the BNL is a rationally deployed tool, rather than just a haphazard vengeance mechanism, is that gangs are fastidious about removing names from the list when debts are paid.


LA PROBATION PINPOINTING DOCTORS WHO HELP PROBATION STAFF WIN WORKER’S COMP. FOR DUBIOUS INJURIES

Yesterday, we linked to Rina Palta and Karen Foshay’s story for KPCC about a surprising number of far-fetched worker’s compensation claims filed by Probation Dept. staff members.

Probation Chief Jerry Powers says investigators are not only working to crack down on on worker’s compensation fraud by going directly to the staff in question, but also investigating the doctors who are allegedly enabling the fraud.

Palta and Foshay have the update. Here’s a clip:

…Probation chief Powers says there is a problem with doctors who are all too willing to approve workers’ compensation claims.

“There’s an informal grapevine out there” of doctors “who are more than willing to sign [probation workers] off duty so they can gain benefits,” says Powers.

He says he doesn’t know how large that grapevine is. There are hundreds of doctors who handle probation staffers’ workers’ compensation claims.

Probation says it has reached out to a number of doctors who have a high approval rate of department employees’ workers’ compensation or disability claims, although it won’t say how many, or which ones. Officials say sometimes they show doctors surveillance footage of workers engaged in physical activity while out on disability or workers’ compensation. But the doctors frequently have an explanation for the physical activity, says Cynthia Maluto, head of probation’s return to work unit.

“Things don’t change after the meetings,” she says.

Posted in Gangs, prison, Probation, race, Reentry, writers and writing | No Comments »

The Case for Prop 47, Other States’ Lessons on Reducing Prison Pop., a Mentally Ill Diversion Program for LA County, and Gov. Brown Signs Ex-Inmate Job Training Grant Bill

September 18th, 2014 by Taylor Walker

NEWT GINGRICH AND B. WAYNE HUGHES JR ENDORSE PROP 47, CALL ON CALIFORNIA TO TAKE NOTES FROM THE RED STATES

Proposition 47, which will appear on the November 4 ballot, would reduce certain offenses from felonies to misdemeanors, keeping people who have committed low-level drug and property crimes out of lock-up and under better-suited supervision and treatment. (A report from the Center on Juvenile and Criminal Justice estimates $175 million in savings for LA County, if voters pass Prop 47.)

Newt Gingrich and B. Wayne Hughes Jr., founder of Serving California, in an op-ed for the LA Times, urge Californians to vote yes on Prop 47. Here are some clips:

Contributing to the growth in the number of prisoners and in prison spending has been a dramatic expansion in the number of felonies. In addition, mandatory minimum sentences have been applied to an increasing number of crimes. These policies have combined to drive up the prison population, as more prisoners serve longer sentences. On top of that, California has an alarmingly high recidivism rate: Six out of 10 people exiting California prisons return within three years.

It makes no sense to send nonserious, nonviolent offenders to a place filled with hardened criminals and a poor record of rehabilitation — and still expect them to come out better than they went in. Studies show that placing low-risk offenders in prison makes them more dangerous when they are released.

Over-incarceration makes no fiscal sense. California spends $62,396 per prisoner each year, and $10 billion overall, on its corrections system. That is larger than the entire state budget of 12 other states. This expenditure might be worth it if we were safer because of it. But with so many offenders returning to prison, we clearly aren’t getting as much public safety — or rehabilitation — as we should for this large expenditure.

[SNIP]

Most notably, Texas in 2007 stopped prison expansion plans and instead used those funds for probation and treatment. It has reduced its prison population, closed three facilities and saved billions of dollars, putting a large part of the savings into drug treatment and mental health services. Better yet, Texas’ violent crime rates are the lowest since 1977.

Another red state, South Carolina, made similar reforms for nonviolent offenses. The drop in the number of prisoners allowed South Carolina to close one prison and also lower its recidivism rate. Other states (Ohio, Georgia, Oklahoma, Kentucky, Missouri, Pennsylvania and Mississippi) have similarly shifted their approach to nonviolent convictions.

Now voters in California will have a chance to do the same, using costly prison beds for dangerous and hardened criminals. It is time to stop wasting taxpayer dollars on locking up low-level offenders. Proposition 47 on the November ballot will do this by changing six nonviolent, petty offenses from felony punishments (which now can carry prison time) to misdemeanor punishments and local accountability.

The measure is projected to save hundreds of millions of taxpayer dollars per year, and it will help the state emphasize punishments such as community supervision and treatment that are more likely to work instead of prison time.


AND WHILE WE’RE ON THE TOPIC…

The folks over at Zócalo asked five criminal justice experts what California can learn by example from other states who have successfully reduced their prison populations. Here’s what Lois M. Davis, a RAND Corporation senior policy researcher, had to say about Washington state, and its success with making rehabilitation high priority.

California’s experiment in public safety realignment is being credited with closing the revolving door that keeps low-level offenders cycling through the state prison system by housing them instead in county jails and providing counties funding and flexibility to provide for these inmates. Currently the state’s 58 counties are doing their own experiments to determine how much of the realignment resources should be devoted to rehabilitative programs. But reducing California’s prison population over the long term will require the state to provide rehabilitative services like education that reduce recidivism and help to turn individuals’ lives around once they return to communities.

California can learn a great deal from the state of Washington, which has implemented a series of reforms focused on rehabilitation—on diverting offenders to treatment and other options and making serving time in prison the last option. The logic for this is clear: Analyses by the Washington State Institute for Public Policy show that cognitive-behavioral programs for adult offenders in prison and community settings can be expected to reduce recidivism rates by 6.3 percent, on average.

RAND’s recent national study on correctional education shows that adult offenders who participated in prison education programs reduced their risk of recidivating by 43 percent. Every $1 invested in these programs resulted in about $4 to $5 in savings in re-incarceration costs. Beyond the stark economic benefits is the broader incentive that such rehabilitation is good for society as a whole. As a recent report by the National Academy of Sciences indicated, mass incarceration is associated with negative social and economic outcomes, which make it very difficult for ex-offenders to turn their lives around when they return, disproportionately, to disadvantaged communities.

California took a bold step in implementing the Public Safety Realignment Act. Now it should move beyond realignment to focus on rehabilitation.

Head over to Zócalo for for more lessons from other states, including a tip California can take from 45 other states, and something the state can learn from itself.


A RELATIVELY SMALL BUT PROMISING LA COUNTY PROBATION PROGRAM TO DIVERT MENTALLY ILL FROM JAIL

On Wednesday, LA County Supervisor Zev Yaroslavsky and LA District Attorney Jackie Lacey announced a small pilot program to divert homeless, mentally ill people charged with low-level offenses from jail. To start with, the program will target 50 participants in Van Nuys, but both Yaroslavsky and Lacey both say they would like to see the program expanded county-wide.

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

“We want to demonstrate that it works, demonstrate that it saves money, we want to demonstrate better outcomes for the individuals in the program,” Los Angeles County Supervisor Zev Yaroslavsky said at a press conference.

L.A.’s county jails are overcrowded with mentally ill offenders, according to the Los Angeles County Sheriff’s Department and District Attorney’s Office. Earlier this year, the L.A. County Board of Supervisors approved a $1.8 billion jail overhaul plan that includes building a new downtown jail to house mostly inmates with serious mental illnesses.

The new diversion program will offer chronically homeless men and women an alternative to jail when they’re initially charged with a misdemeanor or low-level felony. Those who opt to participate will be sent to the San Fernando Community Mental Health Center and, if needed, placed in subsidized housing. They’ll also receive mental health and employment services.

But it’s limited to 50 participants at a time and only in Van Nuys. It’s expected to cost approximately $750,000, funded partially by the county and partially through a federal grant.

Palta has a second interesting Los Angeles Probation story, along with Karen Foshay, regarding an alarming number dubious worker’s compensation claims filed by Probation Dept. staff. Here’s a small clip from the opening:

KPCC reviewed hundreds of Probation Department workers’ compensation files from 2010-2012 and found dozens of questionable cases, including workers spending months away from the job after getting spider bites or tripping in parking lots, or falling out of chairs.

Chief Probation Officer Jerry Powers stresses that the vast majority of workers’ compensation claims are legitimate, but he has taken several steps to crack down on questionable injuries since taking office in 2011. Since then, the number of probation staff on disability has dropped by one third, Powers says.


GOV. BROWN SIGNS BILL CREATING A GRANT PROGRAM TO GIVE JOB TRAINING TO EX-INMATES

For more on the bill, Assemblymember Perez has this update from June when the bill passed through the Senate Public Safety Committee. Here’s a clip:

“Workforce training for the re-entry population is a practical strategy for improving access to a stable job,” said Pérez. “It helps improve offender outcomes, reduces the likelihood of recidivism, and promotes community safety and stability.”

Specifically, the bill establishes a new competitive grant program for workforce training for the re-entry population. The grant program would be administered by the California Workforce Investment Board and would be available to counties on a competitive basis, with greater consideration for those that provide matching funds, have demonstrated collaborative working relationship with local workforce investment boards, and/or have a workforce training program for the reentry population already in place.

To fund the program, Pérez secured $1 million in the 2014-15 Budget Act, which will be appropriated through the state’s the Recidivism Reduction Fund.

Posted in Edmund G. Brown, Jr. (Jerry), prison, Probation, Rehabilitation, Sentencing, War on Drugs | 1 Comment »

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