“Roadmap to Reentry Guide & Interactive Hub” are Live!

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Root & Rebound is proud to introduce “Roadmap to Reentry: A California Legal Guide,” which will help to educate, support, and empower the 50,000 Californians leaving prison and jail each year, and the tens of thousands of people across the state who support them–family and loved ones, educators, social workers, legal advocates, and community supervision agencies.

Visit www.rootandrebound.org/roadmap to find out more!

THANK YOU TO ALL WHO WORKED ON THE GUIDE & HUB!

WE COULDN”T HAVE DONE IT WITHOUT YOU.

The “Roadmap to Reentry” guide is the first of its kind in the United States, an in-depth legal resource for people struggling through reentry. It is comprehensive in scope and length (1,200 pages!), covering nine areas of law and civic life: housing, public benefits, parole & probation, education, understanding & cleaning up your criminal record, ID & voting, family & children, court-ordered debt, and employment. With a California focus, the guide is written in simple language and meant to be used as a resource that people can turn to (rather than read cover-to-cover!) whenever they encounter challenges along the way. The guide is available free of charge to people in reentry and their loved ones, while professionals at community-based organizations, government agencies, and the like will be asked to make a sliding scale donation of $20-$50. On Root & Rebound’s “Roadmap to Reentry” Interactive Hub, you can download copies of the guide, request a hard copy, ask the Root & Rebound team a question, or request a training for your organization.

In conjunction with the guide, Root & Rebound will begin to conduct trainings across the state of California for communities in need: people in reentry, those preparing for release, and the people who support them in the community, including legal and social service providers, community supervision officers, and friends and family. Our first training on May 29th in the Bayview area of San Francisco is full, but many more will come soon! Email roadmap@rootandrebound.org to request a training, or do so through the hub.

Launch Event
We welcome you to our “Roadmap to Reentry” launch event at Root & Rebound’s downtown Oakland office (1730 Franklin Street, Suite 300, Oakland, CA 94612) on Thursday, June 4, from 4:00 p.m. to 6:00 p.m, where you can learn more about the guide, get hard copies, and ask questions to the R&R team.

Media are invited, interviews are available, and all are welcome.

Please spread the word @ROOTandREBOUND and on Facebook! #roadmaptoreentry

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 (4/10/15)

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 (3/20/2015)

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.

As you may have noticed, our Pick 6 now has a new logo!!! The new Pick 6 logo features a hand picking a fruit off a tree, while another fruit is inscribed with a “6.” This new logo is ripe with symbolism (pun intended): the tree represents knowledge; the fruit represents a sweet reward; and the upward-reaching hand represents all of us who continue to simultaneously reach for both greater knowledge and justice. Here’s to hoping that we can continually educate ourselves about and work to eradicate the problems within our criminal justice system, so that we may be rewarded with justice for all…

Our new logo was created by Amira Taylor, a very creative and talented Mass Communications major at Old Dominion University [she’s also R&R Legal Fellow Dominik Taylor’s little sister]. You can follow Amira on Twitter @ataylor28

As always, we welcome your thoughts and feedback, so don’t be shy!

1.) US lawmakers introduce bill to restore voting rights to ex-convicts (Al Jazeera America)

On Wednesday, Senator Ben Cardin (D-MD) and Representative (John Conyers (D-MI) introduced a new bill in both houses of Congress. If enacted, the bill, The Democracy Restoration Act, will restore voting rights in federal elections to nearly 4.4 million U.S. citizens with criminal convictions. Deborah J. Vagins of the ACLU stated, “Millions of American citizens are without a political voice in federal elections because the current patchwork of laws that disenfranchise people with criminal records has created an inconsistent and unfair electoral process.” As we told you last week, largely because of racial disparities in the criminal justice system, 1 in 13 African Americans in the country are barred from voting. Of the 5.85 million Americans barred from voting, only 25% are currently in prison. 35 states currently have laws that bar people from voting if they are on parole. 31 states have laws that disenfranchise people on felony probation. In 11 states, a felony conviction results in life-time disenfranchisement. As a federal law, the Democracy Restoration Act, if enacted, will preempt state disenfranchisement laws, ending felony disenfranchisement as we know it. Here’s more information on felony disenfranchisement.

2.) Racial tensions flare at U-Va. after arrest of black student (Washington Post)

Racial tensions flared and over 1000 students marched in protest at the University of Virginia, after white Department of Alcoholic Beverage Control (ABC) officers violently arrested a black UVA student outside of a popular pub early Thursday morning. 20 year old Martese Johnson–an honors student and elected member of UVA’s prestigious Honor Committee–was battered, bloodied, and arrested by ABC officers after Johnson was denied admission into a local pub for allegedly showing a fake ID. UVA president Teresa A. Sullivan told the Washington Post that, “Getting arrested shouldn’t involve getting stitches.” Cellphone videos of the incident show Johnson laying facedown on the ground with a stream of blood running down his face as numerous officers aggressively place his hands in cuffs. Johnson is heard repeatedly crying out, “How could this happen?” Johnson required ten stitches for his injuries. The UVA protests mark the latest protests in the growing #BlackLivesMatter movement. For more on this story, you can go here or here.

3.) I Was Alabama’s Top Judge. I’m Ashamed by What I Had to Do to Get There: How Money is ruining America’s courts (Politico Magazine)

In a piece for Politico Magazine, Sue Bell Cobb, former Chief Justice of the Alabama Supreme Court speaks out against judicial elections. Cobb writes, “In Alabama, you don’t get to mete out justice without spending millions of dollars. I had my money; my opponent had his . . . The amounts are utterly obscene. In Alabama, would-be judges are allowed to ask for money directly. We can make calls not just to the usual friends and family but to lawyers who have appeared before us, lawyers who are likely to appear before us, officials with companies who may very well have interests before the court. And I did. Where do you draw the line? . . . When a judge asks a lawyer who appears in his or her court for a campaign check, it’s about as close as you can get to legalized extortion.”

4.) Missouri executes Cecil Clayton, state’s oldest death-row inmate (The Guardian)

On Tuesday, Missouri executed mentally impaired Cecil Clayton, who due to a 1972 work accident, was missing 20% of the frontal lobe of his brain. In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that, under the 8th Amendment’s ban on cruel and unusual punishment, it is unconstitutional to put to death an intellectually disabled person. Medical experts found that Clayton was intellectually disabled with an IQ of 71. Despite this, the U.S. Supreme Court denied to hear his case.

5.) Did the US Prison Boom Lead to the Crime Drop? New Study Says No. (The Intercept)

In Louisiana, 1 in 75 adults is incarcerated. This is twice the national average. This statistic has lead to Louisiana’s reputation as “the world’s prison capital.” A new study from the Brennan Center for Justice shows that Louisiana’s high incarceration rate results from harsh sentencing, brutal mandatory minimums, and a large percentage of inmates servicing sentences of life without parole. But as Lauren-Brooke Eisen of the Brennan Center notes, mass incarceration in Louisiana (and elsewhere) can be counterproductive. Eisen states, “There is no evidence that locking more people up makes America safer.”

6.) The Untold Narrative of Black Men in the United States (Center for American Progress)

A new study by the Center for American Progress finds that, “While the consequences of slavery and Jim Crow continue to plague black men and the black community as a whole, there has been great improvement in terms of education, employment, and income, among other areas.”

The report concludes that of fathers who live with their children, black fathers are more likely to be intimately involved in their children’s lives. Black men are more likely to bathe, dress, diaper, and assist their children in the bathroom than fathers in all other demographic groups. The study also shows that black fathers living with their children are more likely to help them with homework on a daily basis than fathers of other demographic groups. As this study demonstrates, it is time for negative stereotypes of black males as absent fathers to end.

Report of the week: Boxed Out: Criminal History Screening and College Application Attrition (Center for Community Alternatives)

The Center for Community Alternatives and Education From The Inside Out Coalition recently published a new case study that, “makes clear how the criminal history box on college applications and the supplemental requirements and procedures that follow create barriers to higher education for otherwise qualified applicants.” While the report focuses on the State University of New York system, the report has national implications, as the procedures and requirements of the SUNY system are reflective of procedures followed by colleges and universities nationwide.

Update: UN panel to consider US ‘failure’ to clear up racial murders of the civil rights era (The Guardian)

Last month, we told you about a report by the Equal Justice Initiative that argued that the lynching of African Americans was terrorism and a widely supported phenomenon used to enforce racial subordination and segregation. On Thursday (3/19), the United Nations human rights council held a special meeting where the United States Department of Justice was accused of failing to account for hundreds of African Americans who disappeared or were lynched in the deep south during the 1940s, 50s, and 60s. Ed Pilkington writes that, “The UN spotlight falls at a time of rising concern about the unresolved nature of America’s sordid history of race killings. It follows the recent publication of a study by the Equal Justice Initiative that identified almost 4,000 lynchings in the country between 1877 and 1950 – vastly more than previously reported.”

Update: Audit: SDPD flaws led to misconduct (San Diego Union-Tribune)

Last month we told you about a report by San Diego County’s District Attorney’s Office that analyzed and detailed police officer-involved shootings in San Diego County from 1993-2012. On Tuesday, the Police Executive Research Forum (overseen by the U.S. Department of Justice) released the findings of a year-long review of the San Diego Police Department. The auditors offered 40 policy-based recommendations to correct the systematic flaws within SDPD. This independent audit found “serious gaps in supervision and discipline that allowed officer sexual misconduct and other offenses to go undetected for months and even years.”

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…

Profiting from Failure: Corizon Health, Inc., Martin Harrison and the deadly consequences of for-profit prison healthcare

Santa Rita jail where Martin Harrison died. Copyright: The Wall Street Journal

Santa Rita jail where Martin Harrison died. Copyright: The Wall Street Journal

By: Dominik Taylor

“Martin Harrison’s legacy will be safer care for jail and prison inmates around the country. His family . . . was committed to making sure that Martin’s death was not in vain. They have succeeded completely.”[1] – Julia Sherwin, attorney for the Harrison family

On Tuesday, February 10th, 2015, the largest wrongful death settlement in a civil rights case in the history of California was reached. The parties to this settlement were the family of Martin Harrison (the plaintiffs) and Alameda County, California and Corizon Health, Inc. (the co-defendants).[2]

Defendant Alameda County is the San Francisco Bay Area county that includes Oakland, Berkeley, and Hayward, amongst several other cities. Alameda is home to over 1.5 million residents.

But who was Martin Harrison? Who or what is Alameda’s co-defendant, Corizon Health, Inc.?

Martin Harrison died on August 2010 at the age of 50. Harrison died two days after he was severely beaten and tased by ten Santa Rita Jail deputies in Alameda County.[3]

Corizon is one of the largest for-profit prison healthcare providers in the United States.[4] Corizon, a privately held corporation, operates in 27 states and services more than 345,000 inmates.[5]

Among the jails that Corizon services is Alameda’s Santa Rita Jail. In February 2013, Alameda County awarded Corizon a three-year contract extension worth $210 million.[6] Corizon and its predecessors have operated within Alameda County for last 27 years, and Corizon is responsible for overseeing the 3400 inmates in Alameda’s two jails, Santa Rita and Glenn Dyer.[7]

Harrison was held at Santa Rita Jail following an August 13, 2010 arrest for jaywalking and for having an outstanding warrant stemming from a failure to appear in court on a prior DUI charge.[8]

The State of California requires prison healthcare contractors to provide Registered Nurses (RNs) to assess inmates upon intake. However, instead of an RN, an unsupervised licensed vocational nurse (LVN) conducted Harrison’s intake screening.[9] While RNs hold professional nursing degrees, LVNs only hold a “practical” degree to provide basic nursing care. LVNs usually work under the supervision of an RN or physician. Healthcare providers, such as Corizon, can pay LVNs substantially less money than RNs, as LVNS do not have as much educational experience or training.

According to the Harrison family’s attorneys, Harrison told the LVN that he drank everyday and that he had a history of alcohol withdrawal.[10] Despite his repeated requests for treatment, the LVN decided that Harrison was not at risk of alcohol withdrawal. Instead of receiving medical treatment, the LVN sent Harrison to a jail cell.

While in his cell at Santa Rita, Harrison began hallucinating due to a severe form of alcohol poisoning, known as delirium tremens.[11] According to the National Health Institute, medical attention and immediate hospitalization is required for someone suffering from delirium tremens.[12] No treatment was provided for Harrison, however. He remained in his cell. For three days, he was frequently heard screaming. He was left in his cell screaming and going through withdrawals until August 16, 2010.[13] On that day, at around 6:30 p.m., deputies attempted to move Harrison to another cell.[14]

Harrison resisted as a deputy tried to usher him out of the cell. In response, the deputy Tased Harrison. The deputy then called for backup. Several other deputies—ten in total—rushed over to Harrison and repeatedly kicked, punched, and Tased him.[15] After severely beating Harrison, the officers placed Harrison in leg shackles and handcuffs.

Shortly after the beating, while a nurse was examining Harrison, he became unresponsive.[16] Harrison never regained consciousness. Two days later, Harrison died. Cause of death: “cardiac arrest following excessive exertion, multiple blunt injuries and Tasering.”[17]

As part of the settlement with the Harrison family, Corizon announced that it will stop employing LVNs to complete tasks that California law mandates that RNs perform. According the Harrison family’s attorneys, Corizon saved 35% in costs for every LVN Corizon enlisted to perform duties that RNs should be performing.[18]

Corizon also agreed to employ RNs to perform inmate screenings at all of the other California facilities that it operates it. Corizon currently has contracts in four California counties (Alameda, Fresno, Santa Barbara, Tulare).[19] Lastly, Corizon expressed a desire to ensure that it provides a better standard of care to inmates. U.S. District Court Judge Jon S. Tiger will monitor Corizon and Alameda for at least the next four years to ensure that they are complying with the terms of the settlement.

Harrison’s case is an archetype of why our nation’s prisons and jails need to provide better healthcare. Harrison never should have been sent to a jail cell. He should have, instead, received immediate medical attention for alcohol withdrawal. Mr. Harrison’s death was not in vain though, as prison reform will ostensibly be implemented in the four California counties where Corizon operates.

Unfortunately, news of a settlement in this case in is no way the end of the battle for better quality—and simply put, more humane—prisoner healthcare. The Harrison family settlement is just the latest battle in long war to reform America’s prisons and to obtain the adequate healthcare that all prisoners are constitutionally guaranteed.

In Estelle v. Gamble, a 1976 U.S. Supreme Court case, the Court affirmed that prisoners have a constitutional right to adequate medical attention, and that the Eighth Amendment is violated when prisons and jails display “deliberate indifference” to an inmate’s medical needs.[20]

Writing for the Court in Estelle, Justice Thurgood Marshall stated: “An inmate must rely on prison authorities to treat his medical needs; if authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical ‘torture or a lingering death’ . . . In less serious cases, denial of medical care may result in pain and suffering which no one suggests would serve any penological purpose . . . The infliction of such unnecessary suffering is inconsistent with contemporary standards of decency as manifested in modern legislation.”

After the Harrison family settlement was reached, Alameda County Sherriff Greg Ahern was quoted as saying, “Things could have been done better and we are very sad it resulted in an inmate death.”[21] But Ahern also said that Corizon has done “a fantastic job” at Santa Rita.[22] Again, this was right after a Santa Rita inmate named Martin Harrison died… and the county sheriff publicly stated that Corizon has done a “fantastic job?” Really?

A man had just died and the county was protecting its corporate friend, not human beings. This response points to why the close relationships between corporations like Corizon and state and local governments must be stopped. To understand the depth to which the bottom-line and profit driven Corizon has no business running the healthcare system in our jails, let’s take a look at another state. A state where Corizon has a heavy presence as the holder of a lucrative contract to provide healthcare to prisons and jails. That state is Alabama.

For the last two and a half years, the Alabama Department of Corrections has contracted with Corizon. Prior to that, Alabama contracted with Corizon’s predecessor, Correctional Medical Services, from 2007-2012. On February 9, 2015, Corizon announced that Alabama’s Department of Corrections (ADOC) approved a renewal of Corizon’s $224 million contract.[23] This contract extension brings the contract’s total cost up to $405 million, a staggering amount.[24] Despite the re-upping of the contract between Alabama’s DOC and Corizon, it cannot be said that Corizon has done anything close to a “fantastic job” in Alabama, where Corizon is responsible for providing healthcare to the State’s 25,100 inmates.

As revealed in May 2013, Alabama actually gave Corizon failing marks on an internal audit of the healthcare provider’s job in Alabama facilities.[25] Despite the failing grades, Alabama still extended Corizon’s contract through September 2017. And Alabama isn’t the only state where Corizon has failed internal audits. In 2014, the Secretary of Florida’s Department of Corrections threatened to withhold payment of a five-year, $1.2 billion contract, because Corizon “continues to fall below the contractually required standard.”[26] Audits of Corizon in Florida showed that Corizon was providing deficient medical care, nursing, and administration.[27] Corizon has also been subject to lawsuits in Georgia, New York, New Mexico, Minnesota, Washington D.C., and has been accused of providing deficient healthcare in Mississippi and Maine.

On June 17, 2014, the Southern Poverty Law Center (SPLC) filed a federal lawsuit against Alabama’s Department of Corrections (ADOC), alleging that ADOC is violating federal laws by ignoring the medical and mental health needs of prisoners.[28] The class action lawsuit contains 40 named plaintiffs who allege that ADOC failed to provide adequate health care, and that this failure constitutes a violation of the Eighth Amendment’s ban on cruel and unusual punishment and of the Fourteenth Amendment’s due process clause.[29] Furthermore, the lawsuit alleges that, due to ADOC’s “deliberate indifference,” Alabama prisoners oftentimes go for months without appropriate diagnoses, and that prisoners have died because they were not treated for condition such as diabetes and cancer.[30]

The SPLC lawsuit isn’t for the faint of heart. SPLC has reported that numerous Alabama prisoners have had toes, feet, and legs amputated as a result of receiving poor diabetes treatment.[31] SPLC also reported staph outbreaks, scabies outbreaks, raw sewage being allowed to leak into a facility, and that a prison guard was allowed to continue working, despite the fact that he had TB.[32] The case is scheduled to go to trial in 2016.

Corizon is not a named defendant in the SPLC lawsuit. But Corizon is paying for prominent Alabama-based law firm Maynard Cooper & Gale to defend the State of Alabama in the lawsuit.[33] Under the terms of Corizon’s contract with the State, Corizon must pay for any litigation resulting from Corizon’s provision of healthcare in Alabama prisons and jails.[34] Of course, both ADOC and Corizon dispute the claims made in SPLC’s lawsuit. [On an interesting yet seemingly unrelated note, Maynard Cooper & Gale announced in August 2014 that it was opening its first office outside of Alabama. That office is in San Francisco.[35]]

In California, Corizon saved 35% costs by tasking LVNs—instead of RNs—to conduct inmate intakes. Corizon’s cost-saving policy led to Martin Harrison being placed in a jail cell, instead of in a hospital bed. After being trapped in his cell for three days and suffering from alcohol withdrawals, Santa Rita deputies literally beat Harrison to death. Despite Harrison’s death, Alameda renewed its contract with Corizon in 2013.

Through continuing it relationship with Corizon—despite the Harrison family lawsuit—Alameda County, just like the state of Alabama, is placing inmates at risk of pain and suffering in arguably unconstitutional conditions. Simply put, Corizon is placing profits over people. Yes, private corporations place profits over people on a daily basis. But if a private corporation makes hundreds of millions of dollars off government contracts, as Corizon does, isn’t it fair to expect that the company do a “fantastic job?” Certainly, corporations like Corizon must at least be expected to pass internal audits, right? Apparently not.

Over the last two decades, private for-profit healthcare providers, such as Corizon, have continually struck lucrative deals with state and local governments.[36] This is as, prison healthcare has become increasingly privatized by state and local governments in an effort to cut costs while meeting the requirements of Estelle. Corizon makes over $1.5 billion annually from its revenue and contracts with state and local governments.[37] Corizon frequently employs cost-cutting measures to ensure that it maximizes its potential revenue. Corizon’s cost-cutting is partially responsible for the death of Martin Harrison. Corizon’s cost-cutting and lack of responsiveness are part of the reason Alabama’s Department of Corrections is being sued by the Southern Poverty Law Center.

As noted in a 2014 report by the non-profit Prison Legal News, “When Corizon compromises medical care to save money, such as curtailing the use of ambulances for emergency transports, reducing the number of on-site doctors or sending fewer prisoners to outside hospitals for needed treatment, government officials typically fail to take corrective action and deny responsibility for the resultant deaths and injuries.”[38]

Alameda County and Alabama DOC’s continued relationships with Corizon serve as perfect examples of state and local governments denying responsibility and failing to take corrective action for the deaths and injuries that have resulted from Corizon’s substandard, shoddy, and frankly unacceptable healthcare services.

Julia Sherwin, attorney for the Harrison family, stated, “Martin Harrison’s legacy will be safer care for jail and prison inmates around the country. His family . . . was committed to making sure that Martin’s death was not in vain. They have succeeded completely.”

The Harrison family’s settlement cannot be deemed a complete success. The Harrison family settlement is just the latest battle in long war to reform America’s prisons and to obtain the adequate healthcare that all prisoners are constitutionally guaranteed.

A record-breaking settlement in the Harrison case and SPLC’s lawsuit against ADOC should be used as a springboards for concerned tax-paying citizens and prison reform advocates to start a more serious, focused discussion on the provision of healthcare in prisons and on the lack of responsibility demonstrated by state and local governments in doling out prison healthcare contracts. Serious questions need to be asked and state and local governments must be held accountable. Private for-profit prison healthcare providers must be held accountable.

It all boils down to this: As the U.S. Supreme Court affirmed in Estelle, prisoners have a constitutional right to adequate healthcare. If state and local governments are going to contract with for-profit private corporations to provide prisoner healthcare, then it is absolutely imperative that those corporations deliver the care that prisoners are constitutionally entitled to. If providers, such as Corizon, continuously fail time after time, in county after county, and state after state, then state and local governments must end their relationships with these corporations.

Alameda County and Corizon are splitting the cost of the $8.3 million settlement with the Harrison family. That’s $4.15 million a piece. Martin Harrison is dead as the result of Corizon’s cost-cutting measures and a lack of oversight or responsibility by Alameda County. Instead of splitting the cost of a settlement, it’s fair to wonder whether a better solution would be for Alameda County to ditch Corizon completely. Alameda County is responsible for ensuring that its prisoners receive the adequate healthcare that they are constitutionally entitled to. If Alameda County and counties like it across the county do not take this responsibility seriously, then it is up to us to demand they do so.

[1] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[2] According to the Contra Costa Times, in a separate 2013 lawsuit, Alameda County and Corizon Health, Inc. settled with Martin Harrison’s fifth child (a minor).

[3] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[4] http://www.reuters.com/article/2015/02/11/usa-prison-settlement-idUSL1N0VK2H620150211

[5] http://www.reuters.com/article/2015/02/11/usa-prison-settlement-idUSL1N0VK2H620150211

[6] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[7] http://www.corizonhealth.com/Corizon-News/corizon-awarded-alameda-county-contract-extension

[8] http://www.sfgate.com/bayarea/article/8-3-million-settlement-in-death-of-Alameda-6073319.php

[9] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[10] http://www.sfgate.com/bayarea/article/8-3-million-settlement-in-death-of-Alameda-6073319.php

[11] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[12] http://www.nlm.nih.gov/medlineplus/ency/article/000766.htm

[13] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[14] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[15] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[16] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[17] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[18] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[19] http://www.corizonhealth.com/About-Corizon/Locations

[20] 429 U.S. 97

[21] http://www.contracostatimes.com/breaking-news/ci_27500344/alameda-county-8-3-million-jail-death-settlement

[22] http://ww2.kqed.org/news/2015/02/10/alameda-county-jail-health-care-company-settle-suit-over-inmate-beating-death

[23] http://www.corizonhealth.com/Corizon-News/alabama-department-of-corrections-renews-contract-with-corizon-health

[24] http://www.al.com/news/index.ssf/2015/02/alabama_department_of_correcti_1.html

[26] http://www.northescambia.com/2014/09/florida-dept-of-corrections-targets-problems-with-inmate-health-care

[27] http://www.al.com/news/index.ssf/2014/09/alabamas_inmate_health_care_su.html

[28] http://www.al.com/news/index.ssf/2014/06/splc_story_on_inmate_health_ca.html

[29] http://www.al.com/news/index.ssf/2014/06/splc_story_on_inmate_health_ca.html

[30] http://www.al.com/news/index.ssf/2014/06/splc_story_on_inmate_health_ca.html

[31] http://media.al.com/news_impact/other/Alabama%20Prison%20Report_final.pdf

[32] http://www.al.com/news/index.ssf/2014/06/cruel_confinement_report_packe.html

[33] http://www.al.com/news/index.ssf/2014/08/powerful_law_firm_to_defend_al.html

[34] http://www.al.com/news/index.ssf/2014/08/powerful_law_firm_to_defend_al.html

[35] http://www.bizjournals.com/birmingham/news/2014/08/13/four-questions-with-maynard-cooper-s-managing.html?page=all

[36] http://www.pewtrusts.org/~/media/Assets/2014/07/StatePrisonHealthCareSpendingReport.pdf

[37] https://www.prisonlegalnews.org/news/2014/mar/15/corizon-needs-a-checkup-problems-with-privatized-correctional-healthcare/

[38] https://www.prisonlegalnews.org/news/2014/mar/15/corizon-needs-a-checkup-problems-with-privatized-correctional-healthcare/

Pick 6 (2/27/15)

noun_103075

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!

1.) The disappeared: Chicago police detain Americans at abuse-laden ‘black site’ (The Guardian)

In an exclusive, Spencer Ackerman of the Guardian describes the horrific treatment of detainees at a secretive, off-the-books interrogation”black site” known as Homan Square. Homan Square is a “nondescript warehouse,” but it isn’t located at Guantanamo or Abu Ghraib . . . it’s located on the west side of Chicago and is operated by the Chicago Police Department (CPD). Among the alleged atrocities committed by CPD are: keeping arrestees out of official booking databases, shackling and beating arrestees for extended periods of time, denying attorneys access to the “secure facility,” and holding people without legal counsel for between 12 and 24 hours. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.

2.) Free state ID cards proposed for newly released prisoners (Seattle Times)

Not having proper identification can be a major hurdle for newly released prisoners. Identification is required to get housing, to get a job, to cash a check, and even to get a library card. In Washington, getting a new driver’s license or state identification card usually costs between $45-$54 (not to mention, the time and cost of transportation required to get to a Department of Licensing office). Unfortunately, many Washington prisoners are only released with as little as $40. But a new bill, proposed by state legislator, Cyrus Habib, would issue free temporary identification to all reentering individuals as they are released from jail or prison.

3.) Want to visit an inmate? Increasingly, you’ll have to log on (San Fransisco Chronicle)

Hamed Aleaziz reports that several California counties, notably; Napa, Solano, and San Mateo are moving away from allowing prisoners to have in-person visits, and are instead replacing them with Skype-like digital video-chats. Supporters argue that using video-chat technology saves money and strengthens security. Supporters are quick to note that families can now video-chat with their incarcerated loved ones from home, without having to make a trip to jail. But as Bernadette Rabuy of the non-profit Prison Policy Initiative notes, “Inmates and their families find video visits to be more impersonal.They talk about being able to hold their hand on the piece of glass and the other incarcerated person holding their hand up. Moments like that feel impossible with video visits.” A 2011 Minnesota Department of Corrections study concluded in-person prison visits “establish a continuum of social support,” and that visited inmates were 13% less likely to be convicted of a new felony after release. According to Keramet Reiter, an assistant professor of criminology at UC Irvine, “The data is pretty good. The more in-person visits prisoners have, the better off they are likely to be when they get out.” Also problematic is the fact that the video-chats are expensive. The companies providing video-chat technologies for prisons and jails charge families up to $20 for as little as 20 minutes of talk time. These companies then split profits with the county (Napa receives 20% of fees obtained from video chats to its inmates).

4.) Santa Clara County increases oversight of cases of youths being charged as adults (Santa Cruz Sentinel)

California prosecutors have wide discretion in deciding whether to charge juvenile suspects as juveniles or as adults. A 2013 internal review by Santa Clara County’s District Attorney’s Office revealed that a higher percentage of Latino kids face adult charges than other ethnicities. In response to this finding, Santa Clara’s DA has teamed up with Santa Clara’s Public Defender’s office and several Bay Area youth advocacy groups to examine these cases more stringently. Specifically, the DA has asked youth advocates who favor rehabilitation over prison to review and critique the DA’s decision to charge juveniles as adults. The committee of advocates is currently reviewing every 2014 Santa Clara case where a juvenile was charged as an adult.

5.) Eric Holder’s parting shot: It’s too hard to bring civil rights cases (Politico)

Last Saturday (2/21) marked the 50th anniversary of Malcolm X’s assassination. In a recent exit interview, Politico asked outgoing U.S. Attorney General Eric Holder what book he would recommend to a young person coming to Washington, D.C. Holder’s answer–“The Autobiography of Malcolm X.”Holder also stated that before leaves office, he will call for a lower standard of proof for civil rights crimes (see # 6, below). “I think some serious consideration needs to be given to the standard of proof that has to be met before federal involvement is appropriate, and that’s something I am going to be talking about before I leave office.” Holder’s remarks come days after the Department of Justice announced that it has closed its investigation in the shooting death of unarmed African American teenager Trayvon Martin. DOJ will not be filing federal hate-crime charges against Martin’s killer, George Zimmerman.

6.) Why Is It So Hard to Prove a Civil Rights Crime? (The New Republic)

Cristian Farias discusses the U.S. Department of Justice’s decision not file federal hate-crime charges against George Zimmerman and the limits of federal hate crimes laws. Farias writes, “Willfulness, in civil rights cases or otherwise, is by far the most difficult thing to prove in criminal law. And absent a damning confession from Zimmerman or a mountain of circumstantial evidence showing that he harbors resentment toward black teenagers, making that showing is hardso hard, DOJ determined, it couldn’t risk pressing charges and losing later.”

Bonus: Tomorrow, 2/28, marks the end of Black History Month. If you have some spare time this weekend, cozy up with your loved ones and take 2 hours to watch “Freedom Riders,” the beautifully directed, 2010 documentary by Stanley Nelson Jr. “Freedom Riders” is the powerful, harrowing, and inspirational story of six months in 1961 that changed America forever. From May until November 1961, more than 400 black and white Americans risked their lives—and many endured savage beatings and imprisonment—for simply traveling together on buses and trains as they journeyed through the Jim Crow South. The Freedom Riders challenged the status quo by riding interstate buses and trains in the South to challenge local laws or customs that enforced illegal segregation in seating. They called national attention to the blatant disregard for federal laws and the local mob violence used to enforce segregation in the South. You can watch Freedom Riders for free online courtesy of PBS. Here’s a link to the film.

Weekly Pick 6 (2/20/15)

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Hello friends. It’s Friday, 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.) Holder backs death penalty moratorium (Politico)

As John Gerstein reports, Attorney General Eric Holder is endorsing a halt to all executions nationwide while the Supreme Court considers whether some lethal injection methods are unconstitutional. Speaking in a personal capacity on Tuesday, AG Holder stated, “I think fundamental questions about the death penalty need to be asked. And among them, the Supreme Court’s determination as to whether or not lethal injection is consistent with our Constitution is one that ought to occur. From my perspective, I think a moratorium until the Supreme Court made that determination would be appropriate.”

2.) A look at 20 years of shootings by cops (San Diego Union-Tribune)

San Diego County, California’s District Attorney’s Office recently released a report detailing and analyzing police officer-involved shootings that occurred between 1993 and 2012 in San Diego, California’s second most populous county. Over half of the shootings taking place during this 20 year span resulted in death. Nearly half of the shootings happened immediately upon the officer arriving on scene. As Pauline Repard reports,19% of people shot by officers were black, a significantly higher percentage than the County’s overall black population, which is just 4.8%. Of the 367 people shot, 81% had mental heath issues or had drugs in their system. 56% of people shot were were 18-32-years old. From 1993 to 2012, San Diego prosecutors only filed charges against two officers, once in 2005 and once in 2009. Juries found both officers not guilty.

3.) How communities are keeping kids out of crime (Christian Science Monitor)

In this feature, Stacy Teicher Khadaroo takes a look at how Lucas County, Ohio and other state and local governments are at the forefront of a movement to stop incarcerating so many youths. As Khadaroo writes, “Driven by the high cost of incarceration and a growing understanding of adolescent behaviors, states and localities are launching initiatives to provide counseling, drug treatment, and other support for young offenders rather than locking them up. The idea is to save money – and try to keep them from committing more crimes by addressing their problems at the roots.”

4.) Making Overseers into Advocates: A social worker’s take on the misery of probation (The Marshall Project)

In a commentary, Philadelphia social worker, Jeff Deeney, describes life working inside of Philadelphia’s probation office. Deeney describes the probation office as a “gloomy, misery-inducing dump absolutely nobody enjoys coming to, POs or probationers.” Deeney further writes that, “Probationers continually complain about what they feel are probation officers who are abusive, disrespectful, racist or petty power trippers out to wreck your life just to show you they can. Conversely, POs feel underpaid, underappreciated and under constant assault by criminals who would just as soon stab them in the back if they thought they could get away with it . . . Authority and the anti-authoritarian become locked in a bitter embrace that, based on what I’ve seen over the years, is mutually destructive.” Deeney’s takeaway message is that probation offices must be changed from “places of control and enforcement to places of support and encouragement . . . Not just because the studies all show social support reduces recidivism, but because we believe in treating people with dignity and respect.”

5.) Prison banker eliminates fees for money order deposits in Kansas (Center for Public Integrity)

JPay Inc., the biggest provider of money transfers to prisoners, has stopped charging fees to families sending money orders to inmates in Kansas. The change that means inmates’ families can now send money for free in every state where JPay operates (other than holdout Kentucky). JPay is credited with popularizing electronic payments to prisons, while also creating a multi-billion dollar industry (here’s more info. on the prison-industrial complex). Prior to the advent of JPay and similar companies, inmates’ families typically mailed money orders directly to the facility where their relative was locked up.

6.) 50 Years After His Assassination, Malcolm X’s Message Still Calls Us to Seek Justice (The Root)

Malcolm X was assassinated 50 years ago tomorrow (February 21st). Prominent historian, author, and Tufts University Professor, Peniel Joseph takes a look at why, even 50 years after his death, Malcolm X remains one of the most important intellectuals, organizers and revolutionaries that America has ever produced. Professor Joseph writes, “Fifty years after his death, the struggle for black liberation continues with nationwide protests that recall the tumultuous 1960s, when Malcolm’s message of uncompromising struggle frightened white and black political leaders alike. Today’s rising activists, who boldly demand an end to racial and economic injustice beyond token political reforms, are channeling the best part of Malcolm’s legacy—one that, even in the face of death, cries out for justice by any means necessary.”

Bonus: If you have a moment to spare, take some time out of your weekend and listen to one of Malcolm X’s most famous and powerful speeches, “The Ballot or the Bullet,” given on April 3, 1964 in Cleveland, Ohio. A transcript of the speech is available here. And audio of the speech is available here. #BlackLivesMatter

Have a good weekend everyone, and we will see you soon.

Weekly Pick 6

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Hello friends. Starting today, we will be posting a “Weekly Pick 6” every Friday. Our “Weekly Pick 6” will consist of 6 informative and insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. As always, we welcome your thoughts and feedback!

1.) How Public Defenders Struggle With Ethical Blindness (The Sixth Amendment Center)

In an interview with New England Law Professor, Tigran Eldred, David Carroll of The Sixth Amendment Center explores whether psychological factors force public defenders to rationalize sub-par performance in the face of excessive caseloads.

2.) How the Government Put Tens of Thousands of People at Risk of a Deadly Disease (Mother Jones)

In this long-read, David Ferry describes how the California Department of Corrections has regularly placed prisoners at risk of catching a deadly disease known as Valley Fever (coccidioidomycosis). 

3.) The Capital Punishment Cover-up (Slate)

Dahlia Lithwick describes proposed legislation in Virginia that will hide “all information relating to the execution process.” 

4.) Police Reform is Impossible in America (Gawker Justice)

Donovan X. Ramsey argues that America can tackle issues of police reform only once Americans first confront the racism and oppression that have led to a widely held “myth of black criminality.” 

5.) This is How Black Girls End Up in the School-To-Prison Pipeline (The Nation)

Dani McClain uses recent events at a Baltimore, MD middle school as an example of how “harsh, apparently unwarranted” school discipline influenced by implicit biases have led to a staggeringly disproportional rate of African American girls being suspended from school and thrown into the criminal justice system. 

6.) For Henry McCollum and Leon Brown, freedom has a cost (News & Observer)

Henry McCollum and Leon Brown were wrongfully convicted or rape and murder. After three decades in prison, the two men were exonerated by the North Carolina Innocence Inquiry Commission. But as this article explains, their struggle is not over. Absent a pardon from the Governor, these men are left without any ability to collect compensation for the decades they spent incarcerated.