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YouthBuild, the “Holloway Doctrine,” and ICE Modifies How It Issues Detainer Requests in CA

YOUTHBUILD PROGRAM IN SAN JOAQUIN COUNTY GIVES NEW HOPE AND A CAREER PATH TO KIDS AT RISK OF DROPPING OUT OR ENTERING THE JUVIE JUSTICE SYSTEM

In California’s San Joaquin County and across the nation, the YouthBuild program teaches construction skills to struggling teens while helping them obtain their high school diplomas or GEDs.

The alternative education program lasts for six months to two years and serves 16 to 24-year-olds who are aging out of foster care, have had contact with the juvenile justice system, or are otherwise at risk of dropping out. YouthBuild also connects teens and young adults with contractors and apprentice programs upon their graduation from the program.

Last month, six YouthBuilds in California received a portion of $76 million in funding from the US Labor Department. The $1.1 million allocated to San Joaquin’s YouthBuild will cover the cost of 80 students for two years, plus a year of assistance after graduation.

The Stockton Record’s Reed Fujii has more on YouthBuild and how it shifts struggling kids’ trajectories. Here’s a clip:

Roosevelt Webb lost his way after his father died.

He had dropped out of school as a senior at Edison High in Stockton to help take care of his dad and, at age 21 and with no diploma, he said, “I didn’t know what to do.”

Another Stocktonian, James Vong, said as a teenager he had no guidance, no father figure, and growing up on the city’s gritty streets, found himself falling into drugs and the gang life.

But both have found a new direction through San Joaquin County’s YouthBuild program, an alternative educational program that emphasizes building-trades skills as well as academic school standards.

Webb, now 24, works for the San Joaquin County Office of Education, helping supervise YouthBuild teams on construction sites.

And Vong, 20, is enrolled in the program and was working on an affordable housing project in south Stockton as part of Webb’s team.

“Ever since attending YouthBuild, I made a 360 degree flip,” he said of his life. “Now I’m working at Habitat (for Humanity’s Dream Creek project), doing what I love.”


JUDGES (AND PROSECUTORS) HAVE THE ABILITY TO GRANT LENIENCY TO INMATES SERVING OUTDATED, TOUGH-ON-CRIME SENTENCES

Despite increased federal efforts to lower prison populations by releasing non-violent drug offenders, President Barack Obama ranks among the ten least merciful presidents of the United States, having granted only 153 pardons, commutations, remissions, and respites, thus far.

Recent releases of two men serving excessively high and outdated sentences (often for drugs) have brought attention to another less-used method of leniency. The two men, Francois Holloway and Luis Anthony Rivera have successfully petitioned judges to reduce their old, disproportionately harsh sentences. The original prosecutors had to consent to the judges’ decisions.

Advocates and legal experts believe that if federal prosecutors will agree not to oppose judges’ leniency, the appropriately named “Holloway Doctrine” has the potential to lead to the release of many more inmates serving sentences that would not be handed down today.

The LA Times’ Richard Serrano has more on the issue. Here’s a clip:

Rivera and Holloway asked federal judges for leniency, something that happens frequently, and federal prosecutors agreed not to fight, which is rare.

The original sentencing judges agreed to take a fresh look at the punishments of the two men. Assured that both had turned their lives around, the judges and prosecutors agreed to vacate parts of their original convictions and reduce their sentences to “time already served.”

Legal experts predict the cases could open the door to similar requests by many more prisoners if federal prosecutors are willing to take the same approach elsewhere.

“That’s a pretty novel way to do things,” said Marc Mauer, executive director of the Sentencing Project, a Washington-based advocacy group. “I’ve not run across a lot of people who ever get out that way, and we get letters every day from people wanting help.”

Mauer predicted that the Rivera and Holloway examples will prompt defense lawyers around the country to seek similar relief for clients and will give judges “a level of comfort” in agreeing.

“It’s always the courageous ones that go first,” he said.

Holloway’s case went to court last year in Brooklyn, where the top federal prosecutor at the time was U.S. Atty. Loretta Lynch, who is now attorney general. Lynch at first resisted his release, suggesting he seek a presidential commutation. But she ultimately agreed not to oppose his appeal.

The original sentencing judge, John Gleeson, a former prosecutor who had put Mafia boss John Gotti in prison, noted that Holloway had served more time for robbing three cars than “if he had committed first-degree murder.”

“Black men like Holloway have long been disproportionally subjected to the stacking of counts,” Gleeson said, referring to sentencing rules that he said forced him to sentence Holloway to 57 years in prison in 1996.

The judge applauded Lynch for consenting to the release.

“This is a significant case, and not just for Francois Holloway,” he said. “It demonstrates the difference between a Department of Prosecutions and a Department of Justice.”


FEDERAL IMMIGRATION DEPT. CHANGES APPROACH IN HOPES OF REGAINING COMPLIANCE FROM CA LAW ENFORCEMENT AGENCIES

In the face of law enforcement agencies’ widespread refusal to comply with federal requests to hold undocumented immigrants in jails for up to 48 hours, US Immigration and Customs Enforcement (ICE) representatives say the department is trying to be more flexible and meet law enforcement groups in the middle.

Under the new system, ICE analysts in a SoCal office run data on arrests to determine who is high priority for deportation before issuing detainer requests. ICE still asks law enforcement to let them know when they are releasing someone facing deportation, but issues fewer detainer requests for low-level offenders.

The LA County Sheriff’s Department changed its stance from no compliance with ICE detainer requests to allowing ICE to interview incarcerated immigrants, but still refuses to keep immigrants locked up past their release dates.

The Associated Press has more ICE’s new methods and how law enforcement agencies are responding. Here’s a clip:

…immigration authorities have also narrowed their focus to people convicted of more serious crimes, and the number of so-called detainer requests — which aim to have jails hold inmates up to 48 hours for deportation officers to pick them up — dropped by 24 percent in the 2014 fiscal year from a year earlier.

At the same time, the number of people deported from the United States, not counting those apprehended on the border, fell 24 percent, federal statistics show.

Immigration authorities had begun issuing detainers based on electronic data after getting access to fingerprints from jail bookings under enhanced law enforcement information-sharing after the 2001 terrorist attacks.

ICE initially started the hub in suburban Southern California to streamline the process for the region, one of the key spots where detainers were used. Now, the Pacific Enforcement Response Center issues about 40 percent of all immigration detainers and requests for notification when inmates are being released, handling the task for much of the country on nights and weekends.

The office, which issued 6,800 detainers and notification requests between June and August, contains half a dozen computers that collect leads for potential deportees and spit out the results on a large printer. Analysts and agents then search for matches in databases for visa holders, naturalized citizens and border arrests to determine the immigration status of those booked into local jails.

In the last three months, detainers or notification requests were sent in 11 percent of the center’s cases. Others are typically sent to field agents for investigation and about half are set aside because the person is here legally or doesn’t have a serious criminal conviction to make them a priority for deportation under the program, which was revamped last year, ICE officials said.

Under the new approach, the Los Angeles County Sheriff’s department lets immigration agents interview inmates who have detainers but won’t hold them beyond their release date. In Santa Clara County, officials still won’t honor detainers but are weighing whether to notify ICE about serious offenders, while authorities in San Francisco won’t do either despite public outcry after the shooting.

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