Gangs Prison Probation Race Reentry Writers and Writing

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

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.

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