Pick 6 (07/12/2015)

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Hello Friends. We’re back with our weekly feature–Pick 6. Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

PS. Don’t forget this week only (July 11th-July 18th), Root & Rebound is running its first-ever online auction to raise money for our work across California, drawing thousands of people from across the country and world to bid on incredible prizes—everything from hotel stays to wine country hot air balloon rides, from photographs and paintings to consultations with wedding and home designers.

Visit the site and bid today!

http://events.lite.readysetauction.com/rootrebound/summerfundraiser2015 

I. READ IT: Obama to become first sitting president to visit a prison (LA Times)

President Obama will become the first sitting president to visit a federal prison, part of a push he plans next week for reforming the criminal justice system.

On Thursday, the president will visit with inmates and officials at the Federal Correctional Institution El Reno near Oklahoma City, the White House announced Friday, and will be interviewed for the HBO newsmagazine series “Vice” on the issue.

II. HEAR IT: LA Police Unit Intervenes To Get Mentally Ill Treatment, Not Jail Time (NPR)

“The goal is to make sure that people who are mentally ill, who are not a danger to the community, are moved towards getting treatment and services as opposed to getting booked and taken into the jail.”

III. READ IT: Prison Born (The Atlantic)

“The officer who handcuffed Mayer in the motel didn’t seem to care when she told him she was pregnant. Neither did the parole judge, who charged her with fraternizing with another parolee and skipping curfew and ordered her back to prison. As she stripped down at the intake facility and stepped forward to be searched, she faced the question that thousands of American women do each year: What happens to a baby born in detention?”

IV. HEAR IT: Georgia Leads A Push To Help Ex-Prisoners Get Jobs (NPR)

“In Georgia, Jay Neal thinks it won’t be hard to persuade more businesses to take some risk, because here, one in 13 adults is under some kind of state supervision. ‘Just about everybody knows somebody who’s been in the prison system and knows enough about them to know that they’re not a real threat — that they need help more than they need to be locked away,’ he says. And that they’re no longer ex-offenders, but returning citizens.”

V. WATCH IT: Inside the Shadowy Business of Prison Phone Calls (International Business Times)

Over the last decade, the prison phone business has become a scandalous industry, characterized by lawsuits, exorbitant fees, high phone rates and monopolistic relationships between public jails and private companies that openly offer kickbacks to local sheriffs. In May 2015, Foster Campbell, the Louisana Public Service commissioner, described the prison phone business in his state as “worse than any payday loan scheme.”

“Regardless of what they’re using the money for, this is about shifting the cost of the police state onto the backs of the poor people being policed,” says Paul Wright, executive director of Human Rights Defense Center and a longtime advocate for more affordable prison phone rates.

VI. READ IT: Reading Aloud to My Daughter, From Prison (New York Times)

“After my daughter received her books, I learned that the books I sent to her went beyond her in many ways. My entire family was touched and helped through these books. When my son missed me he too would listen to my voice on the tape. When my mom and dad had a rough day taking care of my many responsibilities, they found forgiveness and hope in the sound of my voice.”

Pick 6 (5/1/15)

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Hello friends. Happy May Day (a.k.a. International Workers’ Day). We’re back with our weekly feature–Pick 6. Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

1.) Freddie Gray death ruled homicide; officers charged (CNN)

“Baltimore State’s Attorney Marilyn Mosby told reporters Friday that her office’s investigation, coupled with a medical examiner’s determination that Freddie Gray’s death was a homicide, led her to determine there is probable cause to file criminal charges. Six police officers have been charged in the death of Freddie Gray.”

1a.) Rioting rocks Baltimore: Hogan declares emergency, activates Guard (Washington Post)

“Violence swept through pockets of a low-income section of West Baltimore on Monday afternoon as scores of rioters heaved bottles and rocks at riot-gear-clad police, set police cars on fire, and looted a pharmacy, a mall and other businesses. At least 15 officers were injured. Images of the violence were broadcast nationwide just hours after Freddie Gray was eulogized at his funeral, and Gray’s family and clergy members called for calm. Gray died of an injury he suffered while in police custody. The rioting did not appear to stem from any organized protests over Gray’s death.”

2.) Baltimore Been Burning (Ebony)

“Referring to protestors as “thugs” who are “destroying the city in a senseless way” speaks to the inability of so many of us to really do the emotional and intellectual labor of getting past the good/bad binary, and recognizing how hurt and righteously indignant our people really are. If the sight of a burning drugstore can do so much to change the perception of people who claimed to be “down for the cause” beforehand, then one can be pretty sure you haven’t done that work. If your assumption is that anyone who riots or destroys property is a “thug” and on the same plane as a violent police officer who’d beat someone ultimately to death for no other reason but “he ran from me,” then you’re still missing a few things here…If the events of the last 400 years have not left you with, at the absolute least, a sense of “it’s not right, but I understand” as it relates to the utter despair that leads one to go into the streets with destruction on their mind, then you may want to reconsider the levels to which you actually understand what is taking place in Baltimore and beyond…This is not a case for riots, but acknowledgment that they aren’t the work of thugs and ne’er-do-wells, but an SOS call. The question is, are we willing to listen? We should, because our people have finally changed their mind.”

3.) Since 2011, Baltimore has lost or settled more than 100 cases related to police brutality (Vox)

“Since 2011, Baltimore has lost or settled more than 100 cases relate to police brutality…Baltimore has paid out more than $5.7 million in jury awards and settlements, and and spent $5.8 million more on outside law firms.” (Related: Undue Force)

4.) Activist: Baltimore shows poverty costs (Charlotte Observer)

“Attorney Bryan Stevenson brought his campaign against racial injustice to Charlotte on Wednesday night, saying the eruption of violence in Baltimore this week should be understood as a “health crisis” involving poor inner-city black youths who have grown up surrounded by violence, deprived of opportunity and menaced by police.They’re left, he said, with symptoms of hyper-vigilance and hopelessness that suggest post-traumatic stress disorder. “If you’re a young kid growing up in West Baltimore, you are going to be threatened and harassed by police throughout your life,” he said. “We’re so focused on a burning store or a burning car that we’re not looking at the lives that have been burning in pain and anguish for years.”

5.) Nonviolence as Compliance (The Atlantic)

In a thought-provoking piece, Ta-Nehisi Coates writes, “When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con.”

6.) Toward a ‘New Broken Windows Theory’ (The Nation)

“Whenever there is an uprising in an American city, as we’ve seen in Baltimore over the past few days in response to the police-involved death of 25-year-old Freddie Gray, there always emerges a chorus of elected officials, pundits, and other public figures that forcefully condemn “violent protests.” They offer their unconditional support for “legitimate” or “peaceful” protests, but describe those who break windows and set fires as thugs, criminals, or animals. And eventually someone invokes the legacy of Martin Luther King Jr. and the civil-rights movement, reminding us that nonviolence brought down Jim Crow segregation and won voting rights. There’s something that needs to be cleared up: the civil-rights movement was not successful because the quiet dignity of nonviolent protests appealed to the morality of the white public. Nonviolent direct action, a staple employed by many organizations during the civil-rights movement, was and is a much more sophisticated tactic. Organizers found success when nonviolent protests were able to provoke white violence, either by ordinary citizens or police, and images of that brutality were transmitted across the country and the rest of the world. The pictures of bloodied bodies standing in nonviolent defiance of the law horrified people at home and proved embarrassing for the country in a global context. So anyone who calls for protestors to remain “peaceful,” like the civil-rights activists of old, must answer this question: What actions should be taken when America refuses to be ashamed? Images of black death are proliferating beyond our capacity to tell each story, yet there remains no tipping point in sight—no moment when white people in America will say, “Enough.” And no amount of international outrage diminishes the US’s reputation to the point of challenging its status as a hegemonic superpower.”

+1) Today Alabama officially observes Confederate Memorial Day: Shame on us (al.com)

“[Monday April 27th was] Confederate Memorial Day across Alabama and Mississippi…Georgia observed the holiday Sunday. It’s an officially recognized holiday in all three states and throughout much of the old confederacy. And shame on us that it is. Some 150 years after the South’s bloody effort to break apart the union in order to maintain an economic system dependent on slavery was defeated, why are we still officially honoring those who engaged in treason against our nation? Please spare us the “they-didn’t-fight-to-defend-slavery” bull. History teaches us that the South was fully aware of why it fought and why so many of its white sons joined to defend a way of life no matter if they had slaves or not, no matter how poor they may have been. Most white southern men who fought knew one thing about their region: no matter their status, they knew they were better than any black. And that would remain the case in the new Confederate States of America. Alabama and Georgia today – and other southern states at other dates – will spend millions of dollars paying state employees who will have
the day off. It’s offensive.”

Video of the week) Gangs call for calm in Baltimore (Baltimore Sun)

“Amid mounting unrest in Baltimore, an unexpected alliance—members of the Bloods and Crips—emerged yesterday to call for protection of local residents. At an event in a local church shown in a Baltimore Sun video, a man named Charles, who said he was a member of the Crips, wrapped his arm around a self-described Bloods member named Jamal to call for an end to riots over the death of Freddie Gray. “We not here for nobody to get hurt,” Charles told the Sun reporter. “We don’t want nobody to get hurt. All that about the police getting hurt by certain gangs, that’s false. We not here for that. We here to protect our community, and that’s it. We don’t want no trouble. We’re doing this because we don’t want trouble.”

Audio of the week) Crime Pays (This American Life)

“Reporter Joe Richman visits a program in Richmond, CA that is trying a controversial method of reducing gun violence in their city: paying criminals to not commit crimes. Sounds crazy, but the even crazier part is…it works. To figure out how, Joe speaks to guys participating in the program, and to Sam Vaugn, a man whose job it is to monitor the criminals’ progress and keep them on track.”

Report of the week) Solutions: American Leaders Speak Out On Criminal Justice (Brennan Center for Justice)

“Mass incarceration. In recent years it’s become clear that the size of America’s prison population is unsustainable – and isn’t needed to protect public safety. In this remarkable bipartisan collaboration, the country’s most prominent public figures and experts join together to propose ideas for change. In these original essays, many authors speak out for the first time on the issue…From using federal funding to bolster police best practices to allowing for the release of low-level offenders while they wait for trial, from eliminating prison for low-level drug crimes to increasing drug and mental health treatment, the ideas in this book pave a way forward. Solutions promises to further the intellectual and political momentum to reform our justice system…In a remarkable cross-ideological effort, this book includes essays by public figures and experts who will play a leading role in the nation’s debate over the coming year. The book contains original essays by Joseph R. Biden, Jr., Cory Booker, Chris Christie, Hillary Rodham Clinton, Ted Cruz, Mike Huckabee, Cathy L. Lanier, Martin O’Malley, Janet Napolitano, Rand Paul, Rick Perry, Marco Rubio, Bryan Stevenson, Scott Walker, and Jim Webb, among others.”

Image of the week) 

Jim Bourg/Reuters

Quote of the week) “To be a poor man is hard, but to be a poor race in a land of dollars is the very bottom of hardships.”- W.E.B. Du Bois

#BlackLivesMatter

Pick 6 (4/17/15)

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Hi friends. Again it is Friday, so again it is time for our weekly Pick 6! Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome any and all thoughts or feedback, so don’t be shy!

1.) John Legend Launches Campaign to End Mass Incarceration (AP)

From the AP: “John Legend has launched a campaign to end mass incarceration. The Grammy-winning singer announced the multiyear initiative, FREE AMERICA, on Monday…”We have a serious problem with incarceration in this country,” Legend said in an interview. “It’s destroying families, it’s destroying communities and we’re the most incarcerated country in the world, and when you look deeper and look at the reasons we got to this place, we as a society made some choices politically and legislatively, culturally to deal with poverty, deal with mental illness in a certain way and that way usually involves using incarceration…I’m just trying to create some more awareness to this issue and trying to make some real change legislatively.”

2.) Are you running for President? Please answer these questions about the criminal justice system. (Washington Post)

Thus far, Hilary Clinton (D), Ted Cruz (R), Marco Rubio (R), and Rand Paul (R) have announced their candidacies for President of the United States. Radley Balko, author of the book “Rise of the Warrior Cop: The Militarization of America’s Police Forces,” has strung together a “quick and dirty list of [criminal justice related] questions” that he’d like to see 2016 Presidential candidates answer.

3.) Federal Prosecutor Tries a Radical Tactic in the Drug War: Not Throwing People in Prison (Huffington Post)

“[South Carolina’s top] U.S. Attorney Bill Nettles is testing out a novel approach to dealing with drug-related crime, one that aims to clean up the streets by looking beyond mass arrests and incarceration…If the program’s success continues in South Carolina, it could become a model for law enforcement across the country…Nettles’ plan is surprisingly straightforward. First, federal and local prosecutors identify local drug dealers with the help of the police, probation officers and community members. Next, they build criminal cases against them by reviewing records for outstanding warrants and conducting undercover drug buys. In most cases, arresting all the dealers would be the next order of business, but Nettles has a different idea. While high-level dealers are still arrested and prosecuted, some low-level offenders are given another option. For them, Nettles stages something of an intervention. Together with the police, family members, religious leaders and other members of the community, prosecutors present the dealers with the evidence against them and give them a choice: Face the prospect of prison or participate in the pilot project. The program, officially known as the Drug Market Intervention Initiative, helps the dealers find legitimate jobs and offers them help with drug treatment, education and transportation. The hope is that it provides them with the support and the motivation they need to turn their lives around.”

4.) Driver’s License Suspension Create Cycle of Debt (New York Times)

“The last time Kenneth Seay lost his job, at an industrial bakery that offered health insurance and Christmas bonuses, it was because he had been thrown in jail for legal issues stemming from a revoked driver’s license. Same with the three jobs before that. In fact, Mr. Seay said, when it comes to gainful employment, it is not his criminal record that is holding him back — he did time for dealing drugs — but the $4,509.22 in fines, court costs and reinstatement fees he must pay to recover his license. Mr. Seay’s inability to pay those costs has trapped him in a cycle that thousands of other low-income Tennesseans are struggling to escape. Going through the legal system, even for people charged with nonviolent misdemeanors, can be expensive, with fines, public defender fees, probation fees and other costs running into hundreds and sometimes thousands of dollars. Many people cannot pay. As a result, some states have begun suspending driver’s licenses for unsatisfied debts stemming from any criminal case, from misdemeanors like marijuana possession to felonies in which court costs can reach into the tens of thousands of dollars. In Tennessee, almost 90,000 driver’s licenses have been suspended since its law was enacted in 2011…Many defendants are forced to choose between paying court debt or essentials like utility bills and child support. Mr. Seay said his tax refund this year went toward child support debt accumulated during his time in prison and periods of unemployment. For even low-level offenders, debt can make a valid license unattainable…In Tennessee, judges have the discretion to waive court fees and fines for indigent defendants, but they do not have to, and some routinely refuse. Judges also have wide discretion over how much time to allow defendants to pay traffic tickets before suspending a license.”

5.) The Legal Right to Videotape Police Isn’t Actually All that Clear (City Lab)

From The Atlantic’s City Lab: “Last Saturday, a Dominican immigrant named Feidin Santana used his phone to record video of North Charleston police officer Michael Slager firing his gun eight times and killing Walter Scott, an unarmed black man who was running away. Slager has been charged with murder. Santana, who is being celebrated as a hero, has since said that he was terrified and thought about erasing the video. He had reason to be afraid. What if police had assaulted or arrested Santana, or destroyed his phone?…[T]he truth is that courts have not uniformly recognized that a right to record police actually exists. Though the U.S. Department of Justice has expressed its support for the right to record, only four federal appeals courts have ruled that such a right exists; others have either not ruled at all or narrowly ruled that no right had been “clearly established.” Until a right to record police is in fact clearly established, some officers will continue to act against bystanders who record them with impunity.” (Related: California Senate seeks to clarify right to video police conduct)

6.) D.C. Council rejects Corizon Health contract after lobbying battle (Washington Post)

Last month, R&R Legal Fellow Dominik Taylor blogged about the deadly consequences of for-profit prison healthcare. Dominik specifically mentioned Corizon Health’s failings in Alabama and in Alameda County, California. Our last Pick this week is an update on Corizon Health and the movement to improve healthcare for incarcerated people. From the Washington Post: “The D.C. Council on Tuesday rejected a controversial health-care contract proposed for the city’s jail after weeks of fierce arguments and heavy lobbying by supporters and opponents. The council’s 6-to-5 vote against a $66 million proposal by Corizon Health marked a high-profile defeat for Mayor Muriel E. Bowser (D), who had supported the contract….Contract opponents cast the decision as a victory for inmate care and a rejection of a company mired in legal troubles in other states, including several high-profile wrongful-death lawsuits. David Grosso (I) said that if getting the best possible care for the city’s inmates is the objective, then “contracting with a for-profit, scandal-prone company is not the way for us to get there.” 

Report of the week) Stop and Frisk in Chicago (ACLU of Illinois)

From the executive summary of our report of the week: “Chicago has failed to train, supervise and monitor law enforcement in minority communities for decades, resulting in a failure to ensure that officers’ use of stop and frisk is lawful. This report contains troubling signs that the Chicago Police Department has a current practice of unlawfully using stop and frisk: Although officers are required to write down the reason for stops, in nearly half of the stops we reviewed, officers either gave an unlawful reason for the stop or failed to provide enough information to justify the stop. Stop and frisk is disproportionately concentrated in the black community. Black Chicagoans were subjected to 72% of all stops, yet constitute just 32% of the city’s population. And, even in majority white police districts, minorities were stopped disproportionately to the number of minority people living in those districts. Chicago stops a shocking number of people. Last summer, there were more than 250,000 stops that did not lead to an arrest. Comparing stops to population, Chicagoans were stopped more than four times as often as New Yorkers at the height of New York City’s stop and frisk practice. In the face of a systemic abuse of this law enforcement practice, Chicago refuses to keep adequate data about its officers’ stops…This failure to record data makes it impossible for police supervisors, or the public, to identify bad practices and make policy changes to address them.”

Extra of the week) Letter from Birmingham Jail (Dr. Martin Luther King, Jr.)

52 years ago this week (4/16/1963) Dr. Martin Luther King, Jr. penned his famous Letter from Birmingham Jail.The letter defends his strategy of nonviolent resistance to racism. King declares that people have a moral responsibility to break unjust laws, and to take direct action rather than waiting potentially forever for justice to come through the courts. King famously wrote, “Injustice anywhere is a threat to justice everywhere.” (Related: What if MLK’s “Letter From Birmingham Jail” Had Been a Facebook Post?)

Take a few moments this weekend to read King’s Letter from Birmingham Jail. Or if your prefer, here is audio of King reading the letter. Enjoy. #BlackLivesMatter

Pick 6 (4/10/15)

Views from 6

Hello friends. We’re back with our weekly feature–Pick 6. Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

1.) South Carolina Officer is Charged With Murder of Walter Scott (New York Times)

“A white police officer in North Charleston, S.C., was charged with murder on Tuesday after a video surfaced showing him shooting in the back and killing an apparently unarmed black man while the man ran away. The officer, Michael T. Slager, 33, said he had feared for his life because the man [Walter Scott] had taken his stun gun in a scuffle after a traffic stop on Saturday. A video, however, shows the officer firing eight times as the man, Walter L. Scott, 50, fled. The North Charleston mayor announced the state charges at a news conference Tuesday evening…[T]he video, which was taken by a bystander and provided to The New York Times by the Scott family’s lawyer, presents a different account [than Officer Slager’s]. The video begins in the vacant lot, apparently moments after Officer Slager fired his Taser. Wires, which carry the electrical current from the stun gun, appear to be extending from Mr. Scott’s body as the two men tussle and Mr. Scott turns to run. Something — it is not clear whether it is the stun gun — is either tossed or knocked to the ground behind the two men, and Officer Slager draws his gun, the video shows. When the officer fires, Mr. Scott appears to be 15 to 20 feet away and fleeing. He falls after the last of eight shots. The officer then runs back toward where the initial scuffle occurred and picks something up off the ground. Moments later, he drops an object near Mr. Scott’s body, the video shows.”

2.) Felons barred from constructing Apple’s campus (San Francisco Chronicle)

“Apple is known for being secretive and picky about who works on its popular devices, but now, union officials say, that thinking also applies to the construction workers pouring the concrete for the tech giant’s new offices. Several construction workers who were hired to build the exterior of Apple’s new campus in Cupertino were ordered to leave the site in January due to prior felony convictions, several union officials and workers told The Chronicle. The ban is unusual for construction work, a field in which employers typically do not perform criminal background checks…For work on the Apple site, anyone with a felony conviction or facing felony charges “does not meet owner standards,” according to documents from construction companies acquired by The Chronicle…Banning felons could bring about legal ramifications for Apple, said Lisa Klerman, a law professor at the University of Southern California. “If they are just disqualifying people with felony convictions with no connection to the job, they could be challenged legally,” Klerman said. People who have served prison or jail time, or have a felony conviction on their record, are 20 percent less likely to find work, compared with people in the same demographic who don’t have criminal records…There are at least 12 million people in the United States in this category…“When people get an opportunity to get a job and make a living, their likelihood of returning to crime goes down dramatically,” said John Schmitt, a senior economist with the [Center for Economic and Policy Research]. “There is a strong association with people not finding a job and people ending up back behind bars.”

3.) Sprinklers Out, Still Homeless (Truthout)

“In my own town of Berkeley, just across the bay from San Francisco, the city council, rallied by our Downtown Business Association, is working to pass a set of ordinances that would prohibit sleeping on public sidewalks, asking for spare change, using blankets and setting down belongings in our downtown area. In a city with significantly more homeless people than shelter beds available, this amounts to criminalizing behaviors that people engage in to survive…As more and more wealthy tech workers move to San Francisco, people are being forced from their communities, from their cities, to places they can afford. For those who can no longer afford rent, this means moving into a car or onto the street. For those on the streets, gentrification means intensified policing and a rising threat of incarceration. UC Berkeley Law’s Policy Advocacy Center recently reported a dramatic increase in “anti­-vagrancy” laws that further criminalize the already marginalized homeless population, pushing people into jails, out of sight and out of mind. San Francisco is currently pushing to build a new jail in the city – I guess to provide housing for people displaced by these measures.” (related: Five Reasons Why San Francisco Needs to Use Public Lands for Public Benefit, Not Luxury Housing)

4.) Judge: Parts of state’s sex offender law unconstitutional (Detroit Free Press)

“Michigan’s Sex Offender Registry law is so vague that parts of it are unconstitutional, including the requirement that offenders stay at least 1,000 feet from schools, a federal judge has ruled. U.S. District Judge Robert Cleland, in a 72 page ruling, struck down several reporting requirements of the 1994 law, which has been amended several times by state lawmakers to make requirements stricter. And he struck down several other requirements, including a mandate that offenders report in person new e-mail and instant messaging addresses and notify authorities of all telephone numbers “routinely used by the individual.” The vagueness of the law “leaves law enforcement without adequate guidance to enforce the law and leaves registrants of ordinary intelligence unable to determine when the reporting requirements are triggered,” Cleland wrote in his ruling.”

5.) Unfair gang laws in California discriminate (The Muslim Observer)

San Jose native and Public Defender Sajid A Khan writes, “In 1988, the state of California passed the Street Terrorism Enforcement and Prevention (STEP) Act in order to “seek the eradication of criminal activity by street gangs.” In enacting the STEP Act, the legislature declared that California was in “a state of crisis” caused by “violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods” and sought to impose increased penalties on suspected street gang activity. In doing so, our lawmakers sanctioned stereotyping. In my practice handling gang cases, it has become abundantly clear that If someone looks a certain way, has certain tattoos, was raised in a certain neighborhood, and hangs out with certain people, law enforcement and school administrators will brand them as gang members…Yet, because of these factors that are usually beyond their control, my clients are labeled and demonized as gang members from a young age, a tag that they rarely can ever shake or remove. This stereotyping preys primarily upon impoverished minority males, namely young blacks and Latinos. In San Jose, my hometown, police commonly create field identification (FI) cards and place Latino youth in gang databases merely because of where they live, who their family members are, what colors they might been seen wearing, because they have a childhood nickname or because they are seen congregating on a street corner with friends. Once an individual is placed in a gang database or has a set of FI cards, there’s no way out. His friends are also likely to find themselves in the database because of their association with a “known” gang member.  A house of gang cards with a foundation built upon baseless stereotyping. Surely, there are some crimes that are gang motivated and should be prosecuted accordingly.  However, for every one of those, there are countless other prosecutions that are not based on actual gang related evidence and instead grounded in assumptions and prejudice.  Black and Latino young men are not all gang members, nor is every crime they commit gang related.”

6.) Exonerees are failed twice by the justice system (Los Angeles Times)

In an opinion piece for the LA Times, Scott Martelle writes, “Anthony Ray Hinton, a 58-year-old former warehouse worker, walked out of an Alabama prison late last week nearly 30 years after being sentenced to death for two murders he didn’t commit…”They took something from him that they don’t have the power to give back, but I think that they ought to, one, to initiate anything they can do to pay for some of the outrageous injustice this case creates. But I think if there’s really going to be any kind of meaningful response to this, not only should he be compensated, but people should be held accountable. People should apologize. People should do some soul-searching. We should create some procedures that mandate that when there is evidence that suggests the person is wrongly convicted, that that evidence has to be reviewed,” [stated Hinton’s attorney, Bryan Stevenson of the Equal Justice Initiative]…Only five states provide exonerees with mental health services or medical treatment — and, after years of substandard care, many former inmates have health problems. Only four offer job-placement assistance. So first the lives are ruined, and then once the error is corrected, the wrongfully convicted generally are just pushed back out into society, without a way to make a living, and without support from other than family or nonprofits. The injustice committed in our names is compounded, and often without proper compensation by the parties – police, prosecutors and witnesses – who stole years from the lives of the innocent, and left them, in many cases, ill-equipped to deal with a much faster paced society than the one from which they were plucked 10, 30, 30 or more years ago. In the end, we, as a society, fail.” (related: Talking to the man who just got exonerated after 30 years on death row)

Report of the week: The Process and Treatment of Mentally Ill Persons In the Criminal Justice System (The Urban Institute)

“Mentally ill offenders possess a unique set of circumstances and needs. However, all too often, they cycle through the criminal justice system without appropriate care to address their mental health. Their recurring involvement in the criminal justice system is a pressing concern. This report provides a national landscape on the processing and treatment of mentally ill individuals in the criminal justice system. It also highlights challenges involved in the reintegration of mentally ill offenders into society, the diversity of policies and protocols in state statutes to address such challenges, and promising criminal justice interventions for mentally ill offenders.”

Audio of the week: Strange Fruit (Billie Holiday)

Tuesday April 7th would have been legendary singer Billie Holiday’s 100th birthday. Take a few minutes out of your weekend to listen to “Strange Fruit,” Holiday’s most famous song. Holiday first sang and performed “Strange Fruit” in 1939. “Strange Fruit” originated as a poem written by American writer, teacher and songwriter Abel Meeropol under the pseudonym Lewis Allan, as a protest against lynchings. In the poem, Meeropol expressed his horror at lynchings, inspired by Lawrence Beitler’s photograph of the 1930 lynching of Thomas Shipp and Abram Smith in Marion, Indiana. In Yahoo News Reverend Shawn Amos writes, “Holiday should live forever as a reminder of what is best about America, and the magical music it has given the world. It is the music of freedom and defiance. It is the music of comfort and change. It is the music of revolution and the soundtrack of protest.” Read more here.

Info-graphic of the week: Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California (Lawyers’ Committee for Civil Rights of the San Francisco Bay Area)

“In California, a driver who commits offenses as minor as driving without a seatbelt or littering faces a $490 fine, according to a new report…Worse, if the driver, who may not be able to afford to pay such a fine, does not pay it off quickly enough or fails to appear in court, the consequence is a suspended license – a consequence that prevents them from driving to work to earn the money they need to pay off their fine. The result is a Catch-22, where the only way to raise the money to gain back their license to drive is to drive without a license and risk even more fines for doing so.” Read the full report here. And check out the accompanying infographic here.

Pick 6 (4/3/15)

Views from 6

Hi friends. Friday=time for our weekly Pick 6! Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

1.) Sixteen states have more people in prison cells than college dorms (The Grio)

David A. Love of The Grio writes, “As was reported in MetricMaps, there are 16 states where there are more bodies filling up the prisons than there are students living in college dormitories.  What is truly fascinating, maybe even disturbing, is that nearly all of these 16 states are located in the South, the bottom portion of the country…Let than sink in for a minute.  More people behind bars than in the dorms. What could it be about the South that would explain this?  Could it be a tradition of slavery, racial violence and Jim Crow segregation, a legacy of criminalizing and dehumanizing people and of just not treating folks very well?…It is no accident that the states which imprison the most – including the Deep South — are among the poorest and find themselves at the bottom of the barrel in terms of life expectancy, health standards and education. After all, Dixie has a great deal of experience with depriving people of educational opportunity when it forbade blacks to read and write, in favor of imprisoning them against their will on slave plantations. In addition, the Slave Codes created a police state that criminalized black people and singled them out for punishment. And the era of Jim Crow segregation only continued the racial oppression and the forced labor and imprisonment, even up until the present day.”

Corrections vs. College

2.) Woman who killed man she said abused her can’t escape felony past (Washington Post)

Fredrick Kunkle of the Washington Post reports, “Shari L. Thomas went to prison more than 25 years ago for killing the man who she said had abused her as a child. She used her time there to remake herself, becoming the first woman in Virginia to obtain a college degree behind bars. She earned a master’s degree in biotechnology after her release. She has kept her record clean since, managing research laboratories for major hospitals and pharmaceutical companies. In the past few years, perhaps because of the nation’s abiding fear of crime, its litigiousness, or the Internet’s ease at churning up background information that may not have surfaced before, Thomas has been rejected or terminated from several high-paying jobs. She had been making $150,000 six years ago. Now she is on food stamps…She could lose her Cecil County, Md., home. “I came home and got my
master’s degree,” said Thomas, 50. “I’d been working 18 years with no problem. When is enough enough?… And yet even now, her criminal record has the power to reach through time, upending her life…“I just feel like the punishment never ends,” 

3.) California’s Death Row has just about run out of room (KCRW-Los Angeles)

Darrell Satzman reports, “More than 750 inmates in California have been condemned to death. But no one in this state has been executed in nearly a decade – and with new inmates arriving every month, Death Row has just about run out of space. Gov. Jerry Brown is asking the Legislature for more than $3 million to open 100 new cells for condemned men at San Quentin Prison. The request is included in Brown’s $113 billion budget proposal…There are currently 731 men and 20 women on Death Row in California. Almost all of the men are at San Quentin, while the women are housed at a prison in Chowchilla.”

4.) Poverty Shrinks Brains from Birth (Scientific American)

According to new studies conducted by a team led by neuroscientists Kimberly Noble from Columbia University in New York City and Elizabeth Sowell from Children’s Hospital Los Angeles, California, The stress of growing up poor can hurt a child’s brain development starting before birth, research suggests—and even very small differences in income can have major effects on the brain. Researchers have long suspected that children’s behavior and cognitive abilities are linked to their socioeconomic status, particularly for those who are very poor. The reasons have never been clear, although stressful home environments, poor nutrition, exposure to industrial chemicals such as lead and lack of access to good education are often cited as possible factors…Still, the researchers are hopeful that the impacts could be reversible through interventions such as providing better child care and nutrition. Research in humans and in other animals suggests that is the case: a study in Mexico, for instance, showed that supplementing poor families’ income improved their children’s cognitive and language skills within 18 months. “It’s important for the message not to be that if you’re poor your brain is smaller and will be smaller forever,” Sowell says.”

5.) The rise of the working poor and the non-working rich (Baltimore Sun)

In an opinion piece for the Baltimore Sun, former U.S. Secretary of Labor and professor of public policy at UC Berkeley, Robert Reich writes, “Many believe that poor people deserve to be poor because they’re lazy…In reality, a large and growing share of the nation’s poor work full time — sometimes 60 or more hours a week — yet still don’t earn enough to lift themselves and their families out of poverty. It’s also commonly believed, especially among Republicans, that the rich deserve their wealth because they work harder than others. In reality, a large and growing portion of the super-rich have never broken a sweat. Their wealth has been handed to them. The rise of these two groups — the working poor and non-working rich — is relatively new. Both are challenging the core American assumptions that people are paid what they’re worth, and work is justly rewarded. Six of today’s 10 wealthiest Americans are heirs to prominent fortunes. The Walmart heirs alone have more wealth than the bottom 40 percent of Americans combined…Americans who became enormously wealthy over the last three decades are now busily transferring that wealth to their children and grandchildren. The nation is on the cusp of the largest inter-generational transfer of wealth in history. A study by the Boston College Center on Wealth and Philanthropy projects a total of $59 trillion passed down to heirs between 2007 and 2061. As the French economist Thomas Piketty reminds us, this is the kind of dynastic wealth that’s kept Europe’s aristocracy going for centuries. It’s about to become the major source of income for a new American aristocracy…That widening inequality — combined with the increasing numbers of people who work full time but are still impoverished and of others who have never worked and are fabulously wealthy — is undermining the moral foundations of American capitalism.”

6.) The poor are treated like criminals everywhere, even at the grocery store (Washington Post)

In an opinion piece for the Washington Post, Jeanine Grant Lister writes, “Anger toward those living below the poverty line seems to only be increasing. Maine and Missouri have proposed bills limiting residents’ food choices if they use SNAP. Missouri House Bill 813 would bar the state’s 930,000 food stamp recipients from using their benefits to buy cookies, chips, soda, energy drinks, steak and seafood. (The legislature also implemented mandatory drug testing for TANF applicants in 2011.) If the bill becomes law, a Missourian can’t buy a can of tuna with an EBT card. Tortilla chips to go with salsa? Nope. Flank steak — tough, stringy and the only cut of beef I can afford — is off limits, too. Who are these people, and what makes them think that what we eat is their business? And given that the average food stamp allotment in my state in 2013 came out to just $1.41 per person per meal, I wonder if they understand that recipients couldn’t buy lobster if they wanted to. In America today, being poor is tantamount to a criminal offense, one that costs you a number of rights and untold dignities, including, apparently, the ability to determine what foods you can put on the dinner table. It’s as if middle-class and wealthy Americans think poor people live under the poverty line by choice, as if a sensible person would choose to subsist on so little. We’re barely getting by. Don’t tell us what to buy at the grocery store.”

+1) Does barbaric Georgia prison cell photo depict an American Abu Ghraib? (Christian Science Monitor)

Patrik Jonsson reports, “A shocking prison photo of inmates taken at a Georgia correctional facility could intensify a halting effort in the United States to alleviate poor prison conditions that can lead to unchecked barbarism likened to an American Abu Ghraib. The picture from Burruss Correctional Training Center in Forsyth, Ga., shows three young and shirtless African-American male prisoners. One of them is pointing at the camera as though holding a gun, another is holding a makeshift leash, and the third, an 18-year-old, is on his knees, his left eye closed from a beating, and the leash lashed around his neck…“I think this picture can go a long way toward galvanizing a discussion about what prisons are for – particularly, does anybody believe that these men are deterred by prison?” says Jonathan Simon, a University of California, Berkeley law professor and author of “Mass Incarceration on Trial.” “You have to ask yourself: If the basic story that we tell ourselves is that it’s all about laws and sending people to prison because they violated laws and harmed other people, how can we possibly justify sending them to a place where that is happening to them?” Professor Simon says.”

+2) Obama Commutes 22 Drug Sentences, Instantly Doubling The Number of Commutations He’s Issued (Huffington Post)

“President Barack Obama commuted the sentences of 22 individuals on Tuesday, more than doubling the number of commutations he has issued in the six-plus years he’s been in office. The men and women granted the reprieves had been imprisoned under an “outdated sentencing regime,” the administration concluded. Eight of the 22 inmates had been sentenced to life imprisonment and would have died behind bars. “Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society,” White House counsel Neil Eggleston said in a statement shared in advance with The Huffington Post. “Because many were convicted under an outdated sentencing regime, they served years — in some cases more than a decade — longer than individuals convicted today of the same crime.” The president sent a letter to each of the commutation recipients encouraging them to take advantage of their post-prison opportunity. An administration official said that this was the first time Obama has sent such letters during his presidency.”

Infographic of the WeekEconomic Benefits of Closing Academic Achievement Gaps (Center for American Progress)

From the Center for American Progress come this compelling infographic that, “demonstrate[s] the benefits of closing the achievement gap.  Despite the fact that 50.3 percent of students in public K-12 classrooms across America are children of color, black and Hispanic children are still far more likely than non-Hispanic white children to grow up in poverty. And on average, children of color score lower on math and science tests than their non-Hispanic white peers. These two trends are not coincidence; families’ financial security affects children’s ability to reach their academic potential. These children are the future of our workforce, and we need to ensure that they are equipped with the skills our future economy needs.”

Pick 6 (3/27/15)

Views from 6

Hi friends. It’s Friday. And Friday=time for our weekly Pick 6! Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

1.) Haunted by the Past: A Criminal Record Shouldn’t Ruin a Career (The Atlantic)

“Too many applicants, particularly people of color, are being denied jobs based on background checks that are irrelevant or even inaccurate,” argue Sarah Crowley and Alex Bender of the Berkeley, California-based East Bay Community Law Center. “Does it even make sense for employers to give criminal background checks such a central role in the hiring process? Even if private and fingerprint-based background checks are presumed to be 100 percent accurate [which they aren’t even close to being], employers should still think hard about what conclusions to draw from an applicant’s criminal history. The reason is straightforward: Background checks are both over-inclusive and under-inclusive in flagging applicants as a hiring risk . . . In the words of civil rights attorney Bryan Stevenson, “each of us is more than the worst thing we’ve ever done.” In the rush to screen out a few dangerous individuals, companies might be unfairly slamming the door on millions of hardworking people who are qualified and deserve access to job opportunities.”

2.) Too Old to Commit Crime (The Marshall Project)

According to criminologist Alfred Blumstein of Carnegie Mellon, “Lots of people, as they age, they are no longer a risk. We are keeping people in prison who are physically unable to represent a threat to anybody.” In fact, as Dana Goldstein of The Marshall Project writes, “Homicide and drug-arrest rates peak at age 19, according to the Bureau of Justice Statistics, while arrest rates for forcible rape peak at 18. Some crimes, such as vandalism, crest even earlier, at age 16, while arrest rates for forgery, fraud and embezzlement peak in the early 20s. For most of the crimes the F.B.I. tracks, more than half of all offenders will be arrested by the time they are 30 . . . Neuroscience suggests that the parts of the brain that govern risk and reward are not fully developed until age 25, after which lawbreaking drops off.” These sorts of statistics have led Mark Mauer of The Sentencing Project and many other sentencing reform advocates to a simple, unescapable conclusion–“a sentence that outlasts an offender’s desire or ability to break the law is a drain on taxpayers, with little upside in protecting public safety or improving an inmate’s chances for success after release.”

3.) Flint city councilman convicted of 1991 homicide says murderer registry would be ‘discrimination’ (MLive)

As Michigan legislators weigh whether or not to create a “murderer registry” (similar to sex offender registries), Flint City councilperson Wantwaz Davis argues that a murderer registry would serve as a form of discrimination against people who have already paid the price for their crimes. Davis knows firsthand about the societal stigma that being an ex-offender has. Davis served 19 years in prison after pleading guilty to second-degree murder in 1991. He was paroled in 2010 and he was elected to Flint’s city council in 2013 (he fully disclosed his conviction to voters). A murderer registry would allow anyone to search for the current address of any person convicted of a homicide in Michigan, while also allowing anyone to search for ex-offenders by geographic area. Davis argues that a murderer registry is counterproductive, as it will stigmatize ex-offenders, leaving them with “something that hangs over [their] heads,” preventing them form having a “second chance” opportunity to assimilate and become productive, “law-abiding citizens.”

4.) Mississippi Goddam: Lynching of Otis Byrd Adds To State’s 21st Century List (Voice of Detroit)

Last week, 54 year old African American Otis Byrd was found hanging from a tree, dead, with a white sheet tied around his neck. The FBI and Mississippi Bureau of Investigation are currently investigating whether Byrd’s death was a homicide or a suicide. Byrd is the fourth African American man found dead, hanging from a tree in Mississippi since 2000. The U.S. Department of Justice ruled the three previous cases to be suicides. But as Diane Bukowski of The Voice of Detroit, an independent newspaper, notes, “The likelihood of Black men committing suicide in the U.S. is extremely low. From 1999 through 2013, 70 percent of suicides were committed by white males, with only 5 percent by Black males, according to a recent study by the Centers for Disease Control.” The Montgomery, Alabama-based Equal Justice Initiative recently reported that from 1877-1950, 576 African Americans were lynched in Mississippi. Byrd was found hanging 500 feet from his house in Port Gibson, Mississippi. Port Gibson is 90% black and has a high poverty rate. According to a 2002 piece by the New York Times, Port Gibson also has “an entrenched population of whites, many of whom are related and have some historical connection to cotton.” While it is currently unknown whether Byrd was lynched or committed suicide, it is important to note that America (especially in places like Mississippi) has a long, complicated history full of violent lynchings and racially-motivated terrorism. For this reason, it is important to take note whenever an African American man is found hanging from a tree. You can read more about Byrd’s death here. And here is a December 2014 story about a 17 year old African American boy who was found dead, hanging from a tree in North Carolina, possibly due to his relationship with an older white woman.

5.) Cory Booker and Newt Gingrich Want to Redefine What Is Considered a “Violent” Crime (Slate)

On Thursday, Cory Booker (D-NJ) and New Gingrich spoke at a Bipartisan Summit on Criminal Justice Reform (co-sponsored by the ACLU and Koch Industries). Their point was simple: “Unless policymakers who have championed leniency toward nonviolent offenders start thinking about violent offenders as well, the country will not be able to achieve any significant reduction in the prison population.” Which leads us to our last Pick this week . . .

6.) What would you decide in these cases if you were on Alabama’s parole board? (al.com)

Our last news item this week, isn’t actually a news item. It’s an interactive quiz that allows you to read about ten recent cases that have come before the Alabama Parole Board. Given the facts of each of these cases, which of these ten people would you parole? Take the quiz to see if your decision aligns with that of the Alabama Parole Board. When deciding who to parole, don’t forget to take into consideration this week’s second pick, Too Old to Commit Crime, and our fifth pick, Cory Booker and Newt Gingrich Want to Redefine What Is Considered a “Violent” Crime.

Video of the Week) A Conversation with President Obama and The Wire Creator David Simon (The White House)

President Barack Obama and David Simon, the creator of HBO’s The Wire, recently sat down to talk honestly about the challenges law enforcement face and the consequences communities bear from the war on drugs. Check out this 12 minute video of their conversation.

Pick 6 (3/13/15)

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Hello friends. It’s Friday the 13th…so you know what that means…it’s time for our weekly Pick 6! Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We always welcome thoughts and feedback, so don’t be shy!

1.) In response to Ferguson probe, Cleaver to introduce bill to curb policing for revenue (Washington Post)

Last week we told you about the recently released U.S. Department of Justice report into the policing and court practices in Ferguson, Missouri. DOJ investigators determined that “in nearly every aspect of Ferguson’s law enforcement system,” African Americans are disparately impacted. On Wednesday, 3/11/15, Ferguson Police Chief Thomas Jackson resigned, seven months after Ferguson police officer Darren Wilson shot and killed unarmed African American teenager Michael Brown. Early Thursday morning, two St. Louis area police officers were shot in Ferguson by an unknown gunman, as protesters peacefully gathered outside police headquarters. Peaceful protests continued in Ferguson on Thursday night and a candlelight vigil was held for the two officers, who have been released from the hospital.

Amidst the continued tension in Ferguson, Congressman Emmanuel Cleaver (D-MO) announced his plans to propose a bill called The Fair Justice Act. While the bill will likely face steep opposition from House Republicans, if enacted, The Fair Justice Act would make it a federal civil rights violation punishable by up to five years in prison for a police officer, chief, or department to enforce criminal or traffic laws for the purpose of raising revenue. Clever and Representative Lacy Clay (D-MO) also announced that they are offering a cash reward to anyone with information that leads to the arrest of “those responsible” for Thursday’s shooting.

2.) 3 Unarmed Black Men Killed By Police Officers In 4 Days (Think Progress)

As peaceful protests continue in Ferguson, Missouri, 3 unarmed African American men have been killed by police officers in a 4 day span. Unarmed Naeschylus Vinzant was shot and killed in Aurora, Colorado last Friday. In Madison, Wisconsin, unarmed Tony Robinson was also shot and killed by a police officer last Friday. And on Monday, outside Atlanta, Georgia, unarmed Anthony Hill was shot and killed by a police officer. As Carimah Townes of Think Progress notes, “research suggests that bias may inform officers’ split-second decisions to use lethal force. Furthermore, officers associate black faces with criminal behavior and are more likely to view African Americans as threatening.”

3.) UN expert slams US as only nation to imprison kids for life without parole (Al Jazeera America)

As Natasja Sheriff reports, the United States was singled out Monday by a United Nations expert on torture for being the only country in the world that continues to sentence children to life in prison without parole. The usage of life sentences without parole on children is banned by several international laws, notably the International Covenant on Civil and Political Rights, the U.N. Convention Against Torture, and the U.N. Convention on the Rights of Child. The U.S. and South Sudan are the only two U.N. countries that have signed, but not ratified, the U.N. Convention on the Rights of Child. In 2012, the United States Supreme Court ruled in Miller v. Alabama that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional under the Eighth Amendment’s ban on cruel and unusual punishment.

4.) Fix felon voting law, Washington County attorney says (Minneapolis Star Tribune)

In Minnesota, state law currently forbids convicted felons from voting while on probation, parole, or any other form of community supervision. This will all change if a recently proposed bill passes. The bill, which has bipartisan support, would grant voting rights to convicted felons who are on probation, parole, or community supervision. If enacted, the bill will restore the right to vote in the 47,000 Minnesotans under probation or parole. 18 states currently allow people on probation or parole to vote. Here’s more information on felony disenfranchisement, which has resulted in 1 of every 13 African Americans, nationwide, being unable to vote.

5.) Barred from Church (The Marshall Project)

Last month, Graham County, North Carolina sheriff announced that registered sex offenders could not attend church services in his county. Graham County consists of 9000 people and has 20 registered sex offenders. As noted by Maurice Chammah of The Marshall Project, this “policy taps into a much larger issue faced by states, counties, and churches throughout the country as they implement often sweeping and strict laws meant to prevent sex crimes: Can sex offenders attend church? And is denying them the ability to do so a violation of their rights?” North Carolina’s ACLU is currently reviewing Graham County’s policy.

6.) Why Was An FBI Joint Terrorism Task Force Tracking A Black Lives Matter Protest? (The Intercept)

The Intercept recently obtained an email confirming that members of an FBI Joint Terrorism Task Force tracked the time and location of a Black Lives Matter protest last December at the Mall of America in Bloomington, Minnesota. According to the FBI’s website, the FBI Joint Terrorism Taskforce operates in 104 cities nationwide and serves as “our nation’s front line to terrorism.” A spokesperson for the FBI told The Intercept that the FBI has no interest in the Black Lives Matter movement. Despite the FBI spokesperson’s denial, this news sounds eerily similar to J. Edgar Hoover and the FBI’s efforts to track the personal lives of  Martin Luther King, Jr., Malcolm X, and other prominent members of the 1960s Civil Rights Movement.

#blacklivesmatter

(+1) Jennifer Lobato’s Jail Death: Sheriff Admits She Didn’t Need To Die (Westword)

Last week, R&R’s blog featured a story about the dangers (and horrors) of the for-profit prison healthcare industry. In this week’s final Pick, we bring you the story of Jennifer Lobato, a 38-year-old mother of seven who recently died in a Jefferson County, Colorado Jail. Lobato was booked into the Jefferson County jail on March 1. At the time of her booking, Lobato was going through heroin withdrawals. Lobato denied using drugs during her intake screening and the jail’s medical team did not realize that Lobato was going through withdrawals. The next morning, as her withdrawals worsened, Lobato informed a jail deputy that she was going through heroin withdrawals. The deputy informed the medical staff. But the medical staff did nothing. As Lobato’s condition grew worse and worse, fellow inmates informed the deputies that Lobato was vomiting “virtually nonstop.” Still, Lobato received no medical attention and she died in her cell that night. In a local t.v. interview following Lobato’s death, Jefferson County Sheriff, Jeff Shrader, responded, “No, no,” when asked whether Lobato needed to die in jail. Shrader also replied, “That is correct,” when asked whether it was true that Lobato was left in her cell for 10 hours despite numerous inmate complaints about her condition. Last December, a jury awarded  former Jefferson County inmate, Ken McGill, $11 million in a lawsuit stemming from the substandard provision of care after McGill suffered a stroke. Correctional Healthcare Companies, Inc. provides healthcare in Jefferson County.

Thanks for reading!

The R&R Team

Pick 6 (3/6/2015)

pick 6

Hello friends. Friday=time for our weekly Pick 6! Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy! And Happy Women’s History Month, by the way!

1.) 50 years after Bloody Sunday, Voting Rights Are under Attack (The Nation)

This weekend marks the 50th anniversary of Bloody Sunday and the Selma to Montgomery marches of 1965. But even as President Obama and former President George W. Bush travel to Selma, Alabama to commemorate the 50th anniversary of the marches that led to the passage of the Voting Rights Act, voting rights are still under attack in 2015. As Ari Berman writes, from 2011 to 2015, 395 new voting restrictions have been introduced in 49 states (Idaho being the lone exception). 25 states have adopted measures making it harder to vote. And due to the 2013 U.S. Supreme Court decision in Shelby v. Holder, the states with the worst histories of voter discrimination (such as Alabama), no longer have to obtain “federal preclearance” before implementing changes to their voting laws or practices. With the anniversary of Bloody Sunday nearing, Berman reports that Congresswoman Terri Sewell of Selma recently told him, “My hope is that . . . people will recommit themselves to restore the teeth back into the Voting Rights Act . . . the biggest tribute that we can give to those [Bloody Sunday marchers] is fully restoring the Voting Rights Act.”

2.) The 12 key highlights from the DOJ’s scathing Ferguson report (Washington Post)

Seven months after Ferguson, Missouri police officer Darren Wilson shot and killed unarmed African American teenager Michael Brown, the U.S. Department of Justice has released a report into policing and court practices in Ferguson. DOJ investigators determined that “in nearly every aspect of Ferguson’s law enforcement system,” African Americans are disparately impacted. DOJ’s report details frequent Fourth Amendment violations, stunning racial disparities in police traffic stops and use of force, and a law enforcement system that is shaped by “revenue rather than by public safety needs.” Despite only making up 67% of Ferguson’s population, African Americans accounted for 85% of police stop, 90% of traffic citations, and 93% of arrests from 2012-2014. The DOJ report states that “our investigation has revealed that these disparities occur, at least in part, because of unlawful bias against and stereotypes about African Americans.” You can read the full DOJ report here.

3.) Out of Trouble, but Criminal Records Keep Me Out of Work (New York Times)

Binyamin Appelbaum of the New York Times chronicles the story of Michael Hugh Mirsky, a formerly incarcerated New Jersey resident, whose story is representative of the plight faced by millions of formerly incarcerated Americans. Appelbaum writes that, “The reluctance of employers to hire people with criminal records combined with laws that place broad categories of jobs off-limits, is not just a frustration for men [and women] like Mr. Mirsky; it is also taking a toll on the broader economy. It is preventing millions of American men from becoming, in that old phrase, productive members of society.”

4.) WH Task Force: All police shootings should be independently review (Washington Post)

A report by a White House Task Force charged with investigating and probing the strained and deteriorated relationship between police and the communities that they ostensibly protect was delivered to President Obama on Monday. The report calls for independent review of all police shootings, more body cameras on police officers, re-training for most officers, greater transparency by police departments (including better record keeping about police use of force), and an acknowledgement by law enforcement of “the role of policing in past and present injustice and discrimination and how it is a hurdle to the promotion of community trust.”

5.) Dying inmates may appeal court decisions against early release (Los Angeles Times)

On Thursday, the California Supreme Court unanimously decided that dying prisoners may appeal a judge’s decision refusing them an early release (known as a “compassionate release”). This ruling by California’s high court overturns an appellate court decision that held that only the Department of Corrections and Rehabilitation or the parole board could challenge a trial court’s decision to deny compassionate release to an inmate. California requires that any inmate requesting compassionate release have a doctor’s report stating that the inmate has fewer than six months to live (amongst other requirements).

6.) NYU Launches Prison Education Program Backed by Ford Foundation Grant (Newswise)

New York University has recently launched an initiative to bring college education to incarcerated individuals at Wallkill Correctional Facility in Ulster County, New York. Through a $500,000 grant from the Ford Foundation, NYU’s Prison Education Program (PEP) will allow incarcerated students to earn credits towards an Associate of Arts degree from NYU. Once released, the students will be able continue their education at NYU or transfer their credits to another institution. This spring, the PEP program has 36 students enrolled. These students will have an option of taking five courses that “offer both intensive liberal arts study and introductory courses from NYU’s professional schools.”

Audio of the week: High Hurdle to College for Ex-Offenders (WNYC & The Marshall Project)

Check out this short podcast and the accompanying article. This joint effort by WNYC and The Marshall Project details a “Ban the Box” campaign to prevent colleges from asking applicants whether they have a criminal record. Currently, over half of the nation’s colleges ask applicants whether or not they have ever been convicted of a crime. This podcast/article describes the work of the non-profit Center for Community Alternatives, which argues that asking applicants about their criminal history “discourage[s] would-be applicants who feel stigmatized, and is often the precursor to an applicant process full of extra hurdles for people with records.”

Bonus: Selma still struggling with social segregation, unemployment & crime 50 years after Bloody Sunday (al.com)

50 years after Bloody Sunday, the fight against segregation and discrimination is still not over in Selma, Alabama. As one Selma native puts it, “There’s still a residue of segregation, or a ‘my side of town, your side of town,” [the population of west Selma remains almost entirely white, while the east side’s population is almost entirely black] . . . The events that happened in Selma (on Bloody Sunday) make it more of a contradiction because this should be more of a utopian society for blacks and whites.” As Conner Sheets of al.com reports, “not only is the populace of Selma effectively segregated geographically, but the city’s residents still mostly segregate themselves in social settings as well.” White flight and the exodus of once booming industry have “left most of the city’s remaining black population struggling to achieve upward mobility and start businesses and families . . . many residents are still suffering from the wounds inflicted during the Jim Crow era, which are still visible today in the sorry state of Selma’s public schools, crime rate and economic vitality.”

As we commemorate the 50th anniversary of Bloody Sunday, let us not forget that we still have so much more work to do . . .

For Selma (by Langston Hughes)

In places like
Selma, Alabama,
Kids say,
In places like
Chicago and New York…
In places like
Chicago and New York
Kids say,
In places like
London and Paris…
In places like
London and Paris
Kids say,
In places like
Chicago and New York…

Reentry Starts on the Inside: Enrolling People in Jail and Prison in Medicaid

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Even though “reentry” typically refers to the time after a person is released from prison or jail, the reentry process really begins on the inside, prior to release. Some would say reentry planning should start the moment a person is sentenced, as it can take months or years for an incarcerated person to prepare for life back in the community. This means planning and preparing for the emotional and physical support systems required in reentry—safe and affordable housing, health care, employment, family support, and so on.

One recent change in our health care laws is bringing this principle to life—a ray of hope for people in jails preparing for reentry! In 2010, President Obama signed the Affordable Care Act (“Obamacare”) into law. Many of its provisions took effect just last month on January 1, 2014. One of the most powerful changes that Obamacare made to health coverage was the expansion of Medicaid eligibility to more of our nation’s poorest citizens. As Bloomberg reports, “Obamacare replaced a hodgepodge of state requirements that typically excluded childless adults from Medicaid. The 2010 law opened it to anyone making less than 138 percent of the federal poverty level, about $16,000 for an individual.” Many of the people in prison and jail fall within the expanded eligibility based on income, and 25 states—including California—have expanded their state Medicaid programs to include this newly eligible population. In particular, more and more counties in these 25 states are looking to jail-based programs to begin enrolling eligible people into Medicaid, so that a person can walk out of jail with health care coverage. Policies like this serve everyone: they help many currently and formerly incarcerated people access consistent health care and avoid emergency rooms when they get out; they help states save money on health care by taking advantage of federal money; and they help some of our nation’s poorest in jail and prison stay healthier and less likely to end up back in jail or prison once they get out. Reentry must begin on the inside.

Read more about Medicaid enrollment programs in jails here and here. Learn more about the expansion of California’s Medicaid (called Medi-Cal) program here and here. We hope to see more jails and prisons adopting procedures and policies for getting people eligible for Medicaid covered before they walk out the door!

— The R&R Team

2013 Legislative Roundup

California State Capitol Building, Sacramento, CA. Photo credit: Asilvero

California State Capitol Building, Sacramento, CA. Photo credit: Asilvero

2013 was a big year for reentry and criminal justice reform legislation in California. A lot of wonderful and important changes were made. These reforms promote public safety and human rights for people coming out of prison and jail. And changes at the top have a ripple effect on our work—these changes mean that Root & Rebound and other reentry orgs can do more for clients who are trying to get their lives back on track after incarceration.

Below you will find the criminal justice reforms and reentry legislation that was passed, vetoed by the Governor, or is currently pending in California over the 2013-2014 legislative term.

 Bills Signed into Law in 2013:

“Ban the Box” – Removing Barriers to Employment

AB 218 (Dickinson) — Research shows again and again that stable employment significantly reduces the likelihood that someone who has been incarcerated will reoffend. Barriers to employment for the nearly seven million adult Californians with a criminal record make their successful reentry into society even more difficult, which affects public safety. Otherwise qualified individuals are often discouraged from applying for work because job applications ask about conviction histories. AB 218 prohibits state and local agencies from inquiring about an applicant’s record until the agency has determined the individual meets the minimum employment qualifications for the position.

STATUS: Signed into law on October 10, 2013

Acceptance of Prisoner ID Cards

AB 625 (Quirk) authorizes a Prisoner‘s Identification Card to be used as a valid ID for a notary to formalize legal documents while a person is in prison.

STATUS: Signed into law in August 2013

Convictions: Expungement

AB 651 (Bradford) Fills a critical gap in the law and helps to reduce barriers to reentry. Under AB 651, people who complete a local sentence under the new Realignment laws have an opportunity to petition for “set aside and dismissal” (also known as “expungement”), after completing a waiting period and demonstrating rehabilitation to the court. This process is similar to the one already available to individuals who successfully complete felony Probation, and does not mean that a conviction is removed from a person’s record.

STATUS: Signed into law in October 2013

Medi-Cal/Medicaid as a tool to reduce crime and jail costs

AB 720 (Skinner) — Many people in jail have mental health or addiction problems, and as many as nine in 10 have no health coverage. Studies show that enrolling jail populations in federally funded Medi-Cal can reduce recidivism (16 percent for those with mental illness) and save money. This bill provides a framework for counties to automatically enroll eligible people in jail in Medi-Cal and provides counties with valuable tools for enrollment, including authorizing counties to enroll individuals on their behalf, and allowing someone with Medi-Cal coverage to have it suspended, instead of cancelled, if they are incarcerated again. This ensures that upon release they can access medical care, mental health care, and substance abuse treatment.

STATUS: Signed into law on October 8, 2013

Extending effective work furlough options (co-sponsored with the Chief Probation Officers of California)

AB 752 (Jones-Sawyer) — Under existing law, people who are sentenced to county jail for misdemeanors are eligible for work furlough programs focused on job training and rehabilitation. These programs also allow people with employment to maintain those jobs (key to reducing recidivism) and reserves jail space for higher-risk people. AB 752 would extend these programs to people serving time for specific low-risk felonies in county jail.

STATUS: Signed into law in July 2013

Smarter Justice for Juveniles with Adult Sentences

SB 260 (Hancock) — Recent scientific evidence on adolescent brain development shows that certain parts of the brain, particularly effecting decision-making and judgment, do not fully develop until one’s early 20s. Both the U.S. and California Supreme Courts recognized the significance of this research and banned mandatory life sentences for juveniles; California also banned the imposition of de facto life sentences for juveniles. SB 260 would create a parole process for people given lengthy sentences as juveniles, recognizing the role of brain development while still holding him or her accountable for the crime.

STATUS: Signed into law in September 2013

Diversion Programs and Record Sealing

SB 513 (Hancock) — Provides that in any case where a person is arrested and successfully completes a pretrial diversion program, the person may two years later petition the superior court to seal the arrest and related court records.

STATUS: Signed into law in October 2013

Court Discretion to Grant Certificates of Rehabilitation Early

SB 530 (Wright) — In California, a court may grant a Certificate of Rehabilitation to state by court order that a person has fully rehabilitated and reinstating many of their civil rights. The mandatory rehabilitation period is 7, 9, or 10 years depending on the offense (see PC § 4852.03). SB 530 now allows a court to grant a Certificate of Rehabilitation before the applicable period of rehabilitation.

STATUS: Signed into law in October 2013, effective January 1, 2014.

Currently Pending Legislation: (We can’t post about all of this pending legislation without noting that we all have a VOICE in this process. We encourage you to contact your state representatives about any and all pending legislation you feel strongly about. Please see the information under the below 3 bills about who to contact, sample support letters. etc!) 

Successful Re-Entry & Access to Jobs Act

SB 283 (Hancock) This Bill would allow individuals, previously convicted of a drug felony, who meet all other eligibility rules to receive basic needs services, employment training and work supports through the federally-funded California Work Opportunity and Responsibility to Kids (CalWORKS) and CalFresh programs, provided that they are complying with the conditions of probation or parole, or have successfully completed probation or parole.

STATUS: Currently held for review by the Assembly’s Committee on Appropriations

Reduce Probation Caseloads

AB 601 (Eggman and Cooley) Would develop effective approaches to reduce probationer caseloads and incentivize successful probation completion.

STATUS: Currently held in the Assembly

Restoration of Voting Rights for Persons Sentenced Under Realignment

AB 938 (Weber) Would provide that a person is not excluded from voter eligibility if he or she is on post-release community supervision or mandatory supervision.

STATUS: Currently held in the Senate Committee on Elections and Constitutional Amendments.

Vetoed Legislation:

Flexibility in charging drug possession cases

SB 649 (Leno) would give District Attorneys and Judges discretion to charge simple possession of certain controlled substances as either a misdemeanor or a felony (called a “wobbler”). Current law requires such cases be charged as felonies. The legislation would not have changed the penalties for sale, transportation, manufacture, or possession for sale. In thirteen states, the District of Columbia and the federal government, the penalty for simple drug possession is already a misdemeanor and those states have slightly lower crime rates than felony states and slightly higher rates of people entering drug treatment. This Bill will have helped to alleviate prison overcrowding and potentially saved the state millions of dollars.

STATUS: Passed Senate and Assembly, but vetoed by Governor Brown

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Further information on these Bills can be found at:

Thank you to the many great organizations in California that support criminal justice policy reform, including Californians for Safety and Justice, East Bay Community Law Center, National Employment Law Project, A New Way of Life, Legal Services for Prisoners with Children, ACLU, Drug Policy Alliance, NAACP, Western Center on Law & Poverty, and to the constituents who have fought so hard for safety and justice in California!

—The R & R Team