LA COUNTY PROBATION LOSES TRACK OF MORE AB 109 PAROLEES THAN OTHER CA COUNTIES – UPDATED
Beatriz Valenzuela at the Daily Breeze has an interesting story on the fact that LA County Probation is losing track around 16 percent of its realignment probationers, a higher rate than many other California counties.
Here’s a clip from her story:
Los Angeles County has lost track of about 2,000 prison realignment probationers under its supervision, which is a higher rate than most nearby counties.
High recidivism rates among this population of offenders, coupled with the sheer number of those under supervision, may have led to 1,844 criminals, or slightly more than 18 percent, of 10,142 being lost from the system, Los Angeles County Probation officials said last month. San Bernardino County, by comparison, has one of the lowest rates, with 489, or about 6 percent, of its 7,485 prison realignment offenders having warrants out for their arrest.
Under the 2011 Assembly Bill 109, or prison realignment, the responsibility of monitoring lower-level offenders shifted from the state to county agencies to comply with a court order to reduce the state prison population and improve health conditions for inmates. These special type of probationers are classified as “post-release community supervision,” or PRCS.
UPDATE: As you can see, I have deleted the quotes below from LA County Probation spokesperson Carol Lin as, after a conversation with Lin, I’ve learned that she was misquoted, and her statements taken out of context.
As Lin said when we spoke, the issue of revision is complicated, as is the matter of absconders. To put it another way, there is a lot more to this story than can be adequately told by the simple numbers you see here. The topic is something WLA will assuredly delve into in the future.
The majority of these criminals came to Los Angeles County, said Carol Lin, spokeswoman for the probation department.
“You can expect they’re going to recidivate,”she said.
The Daily Breeze report also explores possible reasons that LA (along with a few other counties like Riverside) has such a high rate of disappearing PRCS probationers.
For instance, San Bernardino County, which has a much lower rate seems to have a program in which the contact with the PRCS probationers is more frequent, creative, and rigorous.
San Bernardino County Probation regularly conducts compliance check sweeps in various cities with the assistance of local law enforcement.
Chris Condon, spokesman for San Bernardino County Probation, credits that partnership as well a number of initiatives for keeping their number of lost PRCS probationers low, including a process for immediately contacting all probationers in a day-reporting center, making early referrals to treatment, vocational and other support programs, classifying them with an assessment tool to determine who is most likely to reoffend, coupled with in-field and home contacts.
Los Angeles County officials say they also use some of those programs, but since Los Angeles County receives the highest number of PRCS probationers of any county, that can mean a higher potential number of people who will abscond.
That in LA County we use “some” of the programs, is not as encouraging as it might be.) This a topic we’ll be exploring further.
THE WORRISOME STATE OF JUVENILE DEFENSE
This week, the Juvenile Justice Exchange is launching a series on the state of Juvenile Defense in the U.S.. Here are some clips from their opening story, which gives an overview of the state of legal representation for kids who can’t afford to hire private lawyers:
“Due process is the primary and indispensable foundation of individual freedom,” Supreme Court Justice Abe Fortas wrote in the majority opinion of the Court’s landmark 1967 juvenile justice decision, In re Gault — a decision that established that under the Constitution, juveniles in delinquency proceedings are guaranteed many of the same due process rights as adults in criminal trials
But today, nearly a half-century after the Gault case began, due process rights remain elusive for thousands of juvenile defendants facing felony charges that could lead to years of incarceration. Attempting to fill the void when possible are the often over-worked juvenile public defenders. But in many jurisdictions, juveniles are not even appointed a defense attorney until after their first hearing — a hearing in which a judge will decide if the youth will be held in detention or released.
[BIG SNIP]
“The idea that a kid can be in front of a judge and could be locked up with no lawyer there to defend him – I think most people are shocked by that notion,” said Timothy Curry, NJDC’s managing attorney. “The fact that that happens every day in courtrooms around the country is just the reality.”
And research has shown that defendants held pending trial are far more likely to be convicted than those who aren’t held, and, if convicted, those who had been held pending trial are far more likely to be incarcerated than those who were not held.
In some jurisdictions, it’s permissible for a prosecutor, in the absence of a defense attorney, to make a plea offer at the initial hearing, and if the child does not accept the plea, he or she may be detained.
“So you have kids around the country pleading guilty to crimes without ever seeing a lawyer, having no real understanding of the consequences involved with that or whether there was a defense or whether they were actually guilty of what they’re being charged with,” Curry said.
[BIG SNIP]
Juvenile defenders are often paid less than other defense attorneys, with juvenile defense seen as a steppingstone to a better-paying position.
Nonetheless, many juvenile defenders choose juvenile defense as a career and are renowned for their passionate dedication to defending children against the power of the state.
And quality representation is essential to indigent children facing serious charges.
In the Gault decision, the Supreme Court said: “The child requires the guiding hand of counsel at every step in the proceedings against him.”
But today, Casey’s Bart Lubow said, “We fall woefully short of that ideal. … We are nowhere near where we need to be, certainly nowhere near where we need to be if the standard that’s going to apply is the ‘my-child’ test. And the my-child test would ask: What would you want and have for your kid if it was your kid facing the power of the state?”
WRONGLY CONVICTED, KASH REGISTER EXPERIENCES HIS FIRST DAYS OUT AFTER 34 YEARS IN PRISON
When 53-year old Kash Register walked out of LA’s Twin Towers’ jail at around 4:30 on Friday afternoon after spending 34 years in prison for a murder he didn’t commit, he was wearing a brown Popeye t-shirt and blue jeans, clothes that the jail staff had rustled up for him.
“When he was here, he just had his jail jumpsuit,” said one the various LASD supervisors and deputies who had contact with Register on the afternoon he was released. “His other clothes were probably sent home to his family from state prison.”
Just the day before, Thursday, a Los Angeles County Superior Court judge had tossed his 1979 murder conviction, and now suddenly he was free to go.
One department member remarked later on how sweet-natured and lacking in anger or bitterness Register seemed when any of the jail personnel happened to speak to him—despite the horrific miscarriage of justice that had put him behind bars for nearly three and a half decades.
“The only reason he was convicted was that some witnesses lied, and the police and the prosecution hid some valuable evidence,” said Loyola Law School professor Laurie Levenson, who is part of the school’s Project for the Innocent, which provided the team of lawyers and law students who worked to get Register out.
The LA Times’ Ashley Powers has a good story on the circumstances behind Register’s 1979 conviction and his release on Friday. Here’s a clip:
In 1979, Brenda Anderson testified that a young man with whom she had gone to high school shot her elderly neighbor to death.
Thirty-four years later, Anderson’s sister Sharon took the stand and said the account, which helped send the young man to prison, was a lie.
On Thursday, a Los Angeles County Superior Court judge sided with Sharon Anderson and threw out the conviction of Kash Delano Register, who maintained his innocence during more than three decades as inmate No. C11693.
Judge Katherine Mader’s ruling eviscerated the case against Register, 53, who was convicted mainly on eyewitness testimony that his attorneys say was false. They also said police and prosecutors suppressed evidence that would have helped Register’s defense, accusations that Mader found credible.
Frank Stoltze of KPCC also reported on Register’s release. Here’s a clip:
“What really broke this case were the sisters of the first witness, Brenda Anderson, coming forward, saying, ‘she lied,’” said Loyola Law School Professor Laurie Levenson, who worked with the school’s Project for the Innocent on Register’s case.
“Prosecutors and police did not play by the rules in this case,” said Levenson. “One of the rules is, if there’s evidence in the prosecution file that helps the defendant, they’ve got to turn it over.”
Levenson said there were two eyewitnesses to the murder who could not identify Register, but that evidence was never presented to the jury. Register was convicted mainly on eyewitness testimony. None of the seven fingerprints found on Sasson’s car matched Register’s, and police never recovered the murder weapon….
And then the LA Times Kate Linthicum has a narrative report on Kash Register’s first days out this past weekend—which is a nice read.
Prosecutors said they would decide next month whether or not they would refile on Register.
SHOULD LA COUNTY TAXPAYERS BE INFINITELY ON THE HOOK FOR THE LASD’S HIGH TICKET LAWSUITS?
LA Times Editorial Board member, Sandra Hernandez raises the question in the wake of the $740,000 damages awarded on Friday for a “cell extraction” in Men’s Central Jail, which resulted in 19 inmates being hospitalized. Since more punitive damages in that trial are expected to be announced on Tuesday.
Photo courtesy of the LAPD
Missing videotapes. What a surprise. Hopefully whoever may look into this discovers that missing audio and video recordings is a common practice utilized by the department when defending itself. Particularly in civil service hearings when Deputies are fighting to have their jobs reinstated. Internal Affairs Investigations and Internal Criminal Investigations are often tailored to benefit the political well being of the department. A prime example would be the current Internal Affairs Investigation wherein Captains Tubbs and Wolak were named as Subjects. The department is supposedly investigating them in an effort to determine who made a politically unpopular personnel decision. It is no secret the department does not want former Undersheriff Tanaka interviewed regarding this matter. The Sheriff knows all fingers will point to Mr. Tanaka and yes he is embattled against him. However, he must first clean up after himself by manufacturing a reason for moving Captain Tubbs. Late last year the Sheriff came out an said 2013 will be the year of accounatbility for the department. Maybe he should have looked in the mirror when formulating that statement. If I am not mistaken, Mr. Tanaka was a Sergeant when Sheriff Baca was first elected. The Sheriff was the one in charge as Mr. Tanaka rose through the ranks. He put Mr. Tanaka in the driver’s seat of “The Car” that promoted Commander Fennel, Captains Abrams, Cruz, Duran, Hebert, Nee, Tubbs and Lieutenant Thompson. Mr. Tanaka was also allowed to chose the Sheriff’s personal drivers. Some of those drivers have turned their backs on the Sheriff and are supporting Mr. Tanaka. What I find difficult to understand is the support Mr. Tanaka has within the department. He was in bed with the Sheriff and now he is pointing fingers at him.
Well, time will tell. Just look at the LT promotional list that went out last week. Majority of Tanaka supporters ended up being assigned to wayside except maybe 3? Hmmmmmm
Lets get this accurately. We don’t know that Kash Register is innocent of the murder of Jack Sasson in 1979. Judge Mader correctly determined that Register was deprived of his Constitutionally guaranteed right of due process(a fair trial) therefore the verdict of guilty is invalid. The D.A has the prerogative of refiling charges, rearresting Register and proceeding towards a second trial. That’ not going to happen unless the D.A. has some evidence of Register’s guilt not presented at his original trial. The D.A.is leaving open the threat of refiling on Register because its the only leverage the County has to quickly negotiate a damage settlement before the amount demanded gets out of control.
Investigative Mind, – is there something wrong with getting assigned to Wayside? The fall air is clean and cool, the night sky bright with stars. Weekends will surge with lots of kids excited to visit their dad, uncle, brother etc. and talk about Thanksgiving and Santa Claus. The fresh air and natural sunlight penetrate into the housing pods contribute to a healthier state of mind then men sealed up at MCJ. One or two healthy rainstorms allow the hills to glisten green and gold with grass and wildflowers in the springtime. Wayside isn’t bad, it’s a real gem.
@MAD Why does the Sheriff have to manufacture a reason for moving Captain Tubbs? He was at COPS for over 5 years. Both as the OPS Lt. and as The Captain.
@Interesting Even though Sheriff indicated it was a performance based move, I really don’t think anyone actually believes that. It’s no secret the Sheriff is not happy with Tubbs for backing Tanaka. Word in the media and on the yard is that Tubbs may be suing the Sheriff for moving him. So do you know if it was performance based or the fact he was there 5 years? Do you think Tubbs backing Tanaka may have been the reason?
Having spent some time visiting both Olmsted’s and Tanaka’s websites, there is a theme that keeps repeating itself on Tall Paul’s pages. Every thing posted is about himself, how great he is, echoed in every fake endorsement news. Sounds just like when he was still working, it’s all about Paul. Olmsted, on the other hand, seems to have his eye on the ball, talking about the actual problems of the department and how to fix them in order to better serve the community. How refreshing a departure from Tanaka’s hollow platitudes.
We are getting rid of one egomaniac, there is no need to vote in a second, corrupt one. It’s easy to understand the small but vocal support of some individuals on the department for Tall Paul. They want the career path enjoyed by the Heberts, Tubbs, and Guyovichs of the world, smoking cigars, rubbing elbows, and assuming they are kings of hill.
These individuals, and all of those who think that is an ethical way of life, are in for a rude awakening come June 2014. The pendulum is going to swing hard in the opposite direction of where they’ve been travelling.
@MAD It’s my understanding that it was based on job performance. Captains usually stay put for about 3 years. That’s how much time Captain Tubbs had at COPS as it’s Captain. The Sheriff could have transferred him months ago. When Tanaka announced he was running for Sheriff. Based on what I know. The Rose and Forlano capers were contributing factors. And showed a clear lack of leadership. It is hard to lead the troops when a majority of your shift is spent smoking cigars.
In reply to the first post, Tanaka was a Lt. when Baca was elected.
I have no dog in this race as I not only live outside of LA County, I also don’t know much about any of the other candidates. I am merely a sworn employee. I worked Century station for over a decade and I was there when we supported Baca for Sheriff. It is clear that was a mistake. Just as it is clear getting behind Tanaka is a mistake. Baca has some ideas that leave no doubt he is full of himself. It’s a shame most executives were afraid to “Man Up” to him and tell him when he was wrong. Tanaka is also not only full of himself, but he has now proven himself a “Snitch” by throwing a rat on the Sheriff after capering with the Sheriff.
#4, Nothing is wrong with Wayside……just a very far drive for some people. I actually like the outdoors myself, just making an observation……
Look what will happen if Duran, Hebert, Waters, and Tubbs go on to file those ridiculous lawsuits. County Counsel will pummel these guys. Who was on the sidelines cheering these guys to file? Paul Tanaka. Message he’s sending the public, it okay to be corrupt. Allegedly abuse of county resources (Duran and Waters). Louis, you’re a Captain and couldn’t find yourself a chair or desk to sit at? Waters, OIR, County Counsel and others have pictures and statements about your bike caper and other adventures. Cheating on promotional exams and questionable hires that got though background(Hebert). Kevin, now you can see some of those substandard hires we have here in the North. Maybe you can correct some of those mistakes. Tubbs, like #8 said, you supervised John Rose charged with 17 felony counts, including four counts of lewd act on a child. In an interview, Tanaka emphasized he did not order Forlano be returned to field duty, but agreed to meet with Forlano at the request of you. Wonder who Paul would claim let Tony return to duty after that meeting? Tanaka says all of you were retaliated against, but he’ll run the other way from you if it hurts his campaign. Wake up and smell the coffee.
http://abclocal.go.com/kabc/story?id=9300369
http://www.nbclosangeles.com/news/local/LA-County-Sheriffs-Department-Anthony-Forlano-Deputy-Involved-Shootings-East-LA-224649691.html
Since the article above is on who is paying for all the law suits filed by inmates, does anyone have any idea of how much has been paid out to reinstated LASD employees? Any idea of the amount of employees who have “pending” suits in the wings of LASD?
It sickens me to think that because of dirty politics, who is friends with whom, who supports whom, we are seeing controlled investigations done by IA and others. Maybe I should not blame the investigators as much as their supervisors for not remaining unbiassed and just doing their jobs to report the facts only, all the facts.
How much money will be paid out? The county will be paying these settlements long after Baca is gone from office and that is a shame. I just hope he takes all of his freaks with him.
#13- Great Point. I wonder if those numbers will be made public soon. I know one thing… The general public will not be happy!
OUCH!!
The question at hand is about continuing the payouts for misconduct. Scope of employment:
Scope of employment n. actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of Respondeat Superior (make the master answer). Example: Dick Deliver drives a truck delivering groceries for Super-Duper Market. If Dick negligently runs the truck into Victor Victim’s VW while making deliveries or on the way back from a delivery, then Super-Duper is liable since the accident was in the scope of employment. If Dick goes outside the delivery route to have lunch with his girlfriend and on the way back to his route hits Victim then there is a strong inference he was outside the scope of employment. (See: respondeat superior, master and servant.) ref. Wikipedia. Sadly, the BOS has interpreted Scope of Employment far beyond it’s legal meaning. However, if the BOS doesn’t pay then we can expect more law suits as the Baca and Tanaka’s of the department will start informing on each other. In other words the payouts are really hush monies for everybody to just go away. And NO! The taxpayer should not be forced to pay for misconduct. How ironic that Tanaka has always touted that he is not an informer and that his parents did not raise him that way. But, that’s exactly what he and all the others have become! This is going to be weird!
#13, You would think some of those investigations would be unbiased, but hey we know the real truth. Just knowing a Judge is unhappy with evidence disappearing from the jail caper…Lord knows there are plenty of video footage (evidence) missing from other Units too. I am very interested to see what the jury will award in Punitive damages from the verdict last week. This should be interesting.
CSN83 all the big payouts are listed in the County Counsel annual reports the last Big payout was Hager. The next pay out- reinstatement may be Shirey v. Los Angeles County Civil Service Commission which the Department has vested heavily in. It is a published decision from the 2DCA. Another example of poor management and a waste of tax payer dollars.
The problem of power is how to achieve it’s responsible use rather than it’s irresponsible and indulgent use – of how to get men of power to live for the public rather than off the public.
– Robert Francis Kennedy
#18 That is the perfect quote!