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Thursday, October 31, 2013

LA Jail System Not Expanding After All As Taft Deal Dies

Prison reform advocates were appalled when Los Angeles County’s top elected officials last month agreed to lease an empty jail about two hours from Downtown LA.
“It’s so disappointing,” Lynne Lyman, the California director for the Drug Policy Alliance, a national advocacy group, said at the time.
Los Angeles County, which includes the city of LA, already had more people behind bars than any other U.S. county or city -- more than Miami and New York City combined. By adding the remote Taft city jail to its network of crowded facilities, the county would be able to lock up about 500 more people, raising its total inmate population as high as 22,000.
But on Tuesday, the county scrapped the plan after a key supporter changed her mind. Now, the county will have to come up with another way to relieve overcrowding in its jails.
County Supervisor Gloria Molina, who joined two of her colleagues in a 3-2 vote for the deal last month, told the Los Angeles Times she reversed her position after learning about an ongoing legal battle over the Taft jail. Until 2011, California used the Taft facility to house state inmates. Last year, Taft sued the state, after the state canceled the contract.
Molina told the LA Times she didn’t want the county to get dragged into the dispute. Molina’s office did not immediately respond to requests for comment from The Huffington Post on Wednesday. Molina generally favors jail expansion, and the county is likely to come up with another plan for enlarging its jail system soon.
In the meantime, prison reform advocates said they hope to convince Molina and the other county supervisors to support what they call “alternatives to incarceration.” That includes substance-abuse treatment, transitional housing, and other programs aimed at making sure people don’t go back to jail after they’re freed.
“Most of the people going into the jail system were already disconnected from basic services, such as housing, health services, and employment,” said Lyman. “Services provided after release can help them establish a basic foundation that moves them toward long term stabilization and ensure they do not return to jail.”
LA’s struggle with jail overcrowding goes back to 2011, when Gov. Jerry Brown (D) signed a law that shifted responsibility for many low-level, nonviolent offenders from the state to the counties in an attempt to ease overcrowding in state prisons.
To fund the program, Brown dedicated a portion of state sales tax revenues and vehicle licensing fees to the counties. In the program’s first three years, Los Angeles has received more than $700 million.
Lyman and her colleagues said they had hoped the county would spend that money on substance-abuse treatment programs, prisoner-reentry programs, and other alternatives to incarceration.
So far, however, only about 5 percent of LA’s funds have gone to reentry programs, although an additional 15 percent has gone to the Department of Mental Health and the Department of Public Health for treatment services.
“We are not investing in what we know works,” said Lyman.
In some parts of California, including San Francisco and Santa Clara, counties have invested in a different approach. Two years ago, for example, Santa Clara opened a reentry center that provides services to people coming out of prison or jail.
Ten months after the program began, only 20 percent of released inmates in the county were getting rearrested, compared with about 65 percent before the center opened.
By investing in similar programs, prison reformers said, LA could reduce its jail population by thousands of inmates.
“I walk the jails every month,” said Herman Avilez, the head of California Drug Counseling, a group that provides substance-abuse counseling and other services to low-income people in Pasadena. “Those places are packed with people that shouldn’t be in there.”

Wednesday, October 30, 2013

Gov. Jerry Brown signs clean energy pact with two states, Canadian province

SAN FRANCISCO — Gov. Jerry Brown signed a new pact Monday to formally align California's clean energy policies with those of Oregon, Washington state and British Columbia.
The agreement commits all four governments to work toward ways to put a price on carbon pollution, require the use of lower-carbon gasoline and set goals for reducing greenhouse gases across the region.
The nonbinding blueprint also sets new targets for electric vehicles — aiming for 10% of all new cars and trucks in the region to be emission-free by 2016 — and calls for the construction of a bullet-train system from Canada to California.
"These are modest steps," Brown told about 100 people at the San Francisco offices of computer hardware maker Cisco Systems, with sweeping views of the bay behind him. "We have to take action."
Washington Gov. Jay Inslee, a Democrat elected last year after 12 years in Congress, said he hoped the accord would send a message to the nation's capital, where Democrats and Republicans have been unable to agree on sweeping environmental legislation.
"Congress has ground to a halt because of climate deniers," he said. "I hope this can restart a national conversation, and hopefully action, on climate change."
This is not the first time California has sought cooperation with regional governments on environmental policy. All four participants in the new pact were members of the Western Climate Initiative, a 2007 regional accord intended to create a joint carbon-trading market.
Efforts to establish that market, which would have set a common levy on carbon emissions and established regional pollution caps, stalled in the Oregon and Washington legislatures.
Monday's agreement could face similar obstacles, but it gives the states more leeway to devise their own ways of charging polluters.
California has a carbon market that allows large polluters to buy the right to emit greenhouse gases. British Columbia has had a carbon-pollution tax since 2008. Either method would be permissible under the new blueprint.
Oregon Democratic Gov. John Kitzhaber said his state has not yet decided which policy to pursue.
In California, business groups that have voiced opposition to the state's emission targets said Monday's announcement was a positive step.
"We have always believed that we need a broad market that includes not only other states but other countries, in order for it to function efficiently," said Shelly Sullivan, a spokeswoman for the AB 32 Implementation Group, a business organization that has opposed state pollution controls.
The group is named for the 2006 law requiring California to reduce its greenhouse gases to 1990 levels by the year 2020.
"We have long argued that a state-only approach would crush the state economy," Sullivan said.
Brown has made climate change policy a centerpiece of his administration, vowing not to wait for it to come from Washington, D.C., where President Obama's plans to tighten controls on pollution have been stuck in a deadlocked Congress.
Earlier this year, Brown traveled to China and has signed agreements with that country to work toward slowing pollution that leads to global warming.
California has taken a leading role in efforts to cut carbon emissions. It has established a market to set a price that companies must pay to pollute. The state plans to link its market with one in the Canadian province of Quebec next year.
Although the agreement signed Monday is not legally binding, environmentalists in California are hopeful that it could serve as a road map for the next wave of state policy.
"It sends a signal to the Legislature," said Dan Jacobson, legislative director for Environment California, an advocacy organization, "to start introducing the bills to put these goals into law."

Tuesday, October 29, 2013

California gets extra time to reduce prison crowding: another month

SACRAMENTO — Federal judges on Monday gave Gov.Jerry Brown an additional 28 days to meet their order to reduce prison crowding.
Brown, whose administration has been in court-ordered talks with inmates' lawyers in search of a long-term solution to overcrowding, now has until Feb. 24 to remove about 9,600 prisoners from state lockups.
The three-judge panel also said Monday that the negotiations must continue. State appellate judge Peter J. Siggins has been mediating those confidential talks, and on Monday he was told to provide another update in mid-November.
The judicial trio did not describe the state of the discussions in their order, and Siggins' report was confidential.
Last month, Brown filed a plan to expand rehabilitation services in hopes of eventually reducing new offenses by inmates who return to society, and he asked for three years to lower prisoner numbers that way. The judges gave him an extra month instead, moving their deadline to Jan. 27 from Dec. 31 and ordering the talks.
Corrections spokeswoman Deborah Hoffman said Monday the agency was pleased by the judges' extension of their deadline and would work with local government and law enforcement groups to "build upon California's landmark reforms to our criminal justice system."
Inmate advocates and civil rights groups want the state to take a different path from the one Brown has outlined in court filings. The groups want reductions in criminal penalties, expanded parole programs for the sick and old, and a backlog cleared for thousands of prisoners eligible to have their cases reheard.
California is halfway toward meeting the judges' inmate population cap through contracts for 3,180 beds in privately owned facilities and an increase in the number of prisoners sent to firefighting camps around the state.
The latest contract, announced Monday, is an $11-million, five-year deal with the private prison company Geo Group. California already has 8,300 prisoners in private prisons in other states, but the federal judges have temporarily blocked further such transfers.
In 2009, federal judges ordered California's prison population reduced, declaring that overcrowding was the root of unconstitutionally poor inmate care. Despite construction of a new medical prison and a court-run healthcare system, lawyers for prisoners say that care remains substandard and that mentally ill prisoners are mistreated.
California's corrections department "has never taken its obligation to provide basic healthcare seriously," said Don Specter, lead attorney for the Prison Law Office, testifying Monday at a legislative hearing on the state's prison problems.
The hearing was mostly a basic briefing, and no corrections officials testified. Assembly Public Safety Committee Chairman Tom Ammiano (D-San Francisco) said the next hearing, Nov. 13, will focus on alternative programs and sentencing.
Brown has taken the position since January that California's prison conditions are vastly improved. But court experts have continued to report poor medical services at some prison hospitals. A federal court has refused to relinquish control over mental health services, and the U.S. Supreme Court has rebuffed Brown's attempts to appeal capacity limits that he argues are arbitrary.
A report last week from the corrections department shows California's prison population up by more than 500 from a year ago, to more than 133,860 inmates.

Monday, October 28, 2013

Steinberg: Making high school relevant is 'top focus'

California high schools could see an infusion of new programs that link academics with career exposure to provide students a richer learning experience. That's the goal of a competitive $250 million grant process Senate leader Darrell Steinberg is promoting to schools and businesses.

The Sacramento Democrat joined several local education and business leaders at Health Professions High School today to highlight a piece of the 2013-14 state budget that he hopes will give high school a boost of relevancy by connecting students to the world of work. 

Steinberg encouraged schools and community colleges to collaborate with employers in their region and apply together for grants to create more opportunities for applied learning.

"We want business, we want lead industries to step up and see this not just as a philanthropic add-on or something that would be nice to do for kids, but to see this opportunity as the beginning of a change in our American culture," Steinberg said. "For business, helping educate and train the next century work force is an indispensable part of the bottom line."

High schools could use the grants, for example, to hire someone to serve as an internship coordinator to match students with businesses, or to train teachers to teach academic subjects in a more hands-on way that shows how they relate to careers.

Educators bill the approach as "linked learning," and hold up Sacramento's Arthur A. Benjamin Health Professions High School as an example. The school teaches a college-prep academic curriculum but blends it with preparation for careers in health care. During a tour, Steinberg visited an English class where students had read "The Hot Zone," a book about the Ebola virus, and were doing a project about its symptoms.

"Linked Learning students understand how their high school education relates to their next step and beyond," said Deborah Bettencourt, superintendent of the Folsom Cordova Unified School District.

Bettencourt was joined at today's event by Sacramento City Unified Superintendent Jonathan Raymond and Elk Grove Unified Superintendent Steven Ladd.

"Linked Learning answers the question we've all heard, and we have in fact ourselves asked, 'Why am I learning this?' Once students can answer that question for themselves they are inspired and self motivated and have higher aspirations," Bettencourt said.

School districts will be able to apply for a piece of the $250 million through the state Department of Education early next year.

Steinberg and three other state senators recently returned from a trip to Switzerland and Germany to study the way those countries teach high school. He said he was impressed with the Swiss model in which businesses take an active role in preparing students for the workplace, and government spending focuses less on remediation and more on providing a relevant education.

"As I head into my final year in the Legislature, this is is my top focus," Steinberg said. "I don't have the luxury of multi-year projects, two-year bills or do-overs any more. This is it. When it comes to making lasting change, in my view there is no more important challenge to tackle."

PHOTO: Senate President Pro Tem Darrell Steinberg talks with students at Health Professions High School in Sacramento. The Sacramento Bee/Laurel Rosenhall


Read more here: http://blogs.sacbee.com/capitolalertlatest/2013/10/steinberg-says-improving-high-school-top-priority-for-final-year-in.html#storylink=cpy

Friday, October 18, 2013

Jail is No Place to Treat Women’s Mental Health Issues


by Karen Shain, Criminal Justice Policy Officer

The first thing I noticed when we walked into the cell block was a woman sitting on top of a metal table. She saw us and slowly crawled off the table to sit on a metal stool. That’s as far as she could go, because she was tethered to the table by a chain.

A guard told us it’s a violation to sit on the table, but they don’t sweat the small stuff in the mental health wing. We weren’t in a mental health facility; this was the Century Regional Detention Facility (CRDF), L.A. County’s main women’s jail.

This is where CRDF holds seriously mentally ill women who don’t have the resources to be admitted into private mental health hospitals. The guards explained that the women were always under physical control. They could stay in their single cells (which contained a metal bed and a toilet), be locked into a shower by themselves, could go “outside” (though a roof prevents them from seeing the sky or the sun), or they could sit chained to a table in the “day room.”

As long as a County mental health professional deems them a danger to themselves or others, these women will be held indefinitely.  The only way out is for them to get better, but how can they get better under these circumstances?

Mental illness is not a crime; it is a disease. CRDF does not treat women with this disease. It only pushes them further inward, back into their demons. What I witnessed was torture. Is that the best we can do?

I left the mental health wing of CRDF with an extremely heavy heart. But I also realized that if the Sheriff’s Department showed us this mental health wing – something they can’t be proud of – they must be looking for advocates to help them fund a new jail with improved conditions for women.

But even the goal of “improved” conditions misses the point.  Treatment, not incarceration, is the solution for most women, and effective treatment cannot happen under duress.
Nearly one out of every three women (31 percent) in county jails is there because of mental illness, which is double the percentage for men. As the nation and California dismantled mental health facilities and funding over the decades, our jails and prisons have become the largest mental institutions in the country. Believe it or not, they are also the largest geriatric facilities and homeless shelters.

Building more jails will not help these women or men, nor will it stop cycles of crime that jeopardize our neighborhoods and our personal safety because it is well-known that persons with mental illness who are put in jail have much higher rates of recidivism than those who receive mental health treatment in the community. Managing mentally ill people in our prisons and jails is also far more expensive than providing treatment in the community – treatment which is also much better than what is provided in jail.

This is not only about Los Angeles; it’s a national problem. But Los Angeles has the opportunity to do something better.

The LA Board of Supervisors is at a crossroads. They have several proposals before them to construct both a new women’s and mental health jail. The construction cost? Between $1.4-$1.6 billion, which does notinclude operating expenses, such as the almost $250 per day it costs to house and treat a woman with mental illness in jail. What if we tried something different—and better? Let’s redirect these billion plus dollars and invest instead in comprehensive and humane mental health and substance abuse treatment. As the Affordable Care Act (ACA), our national health reform law, is implemented in coming months, we have an opportunity to expand mental health and substance abuse access and treatment. Under ACA people who are financially eligible will be able to get mental health and substance abuse treatment at very little cost to California, but ONLY if they are not in jail.

California’s residents who bear the double burden of being impoverished and mentally ill should not find that their only option for mental health treatment is available if they fall into the criminal justice system. Treating them in the community would be the real way to improve their lives and those of their families and community, not putting them in a new and costly jail.

via http://womensfoundationofcalifornia.org/2013/10/18/jail-is-no-place-to-treat-womens-mental-health-issues/

Thursday, October 17, 2013

Supreme Court refuses to hear Brown's appeal on prison crowding

SACRAMENTO — The U.S. Supreme Court on Tuesday refused to hear Gov. Jerry Brown's appeal of an order to reduce prison crowding, further narrowing the governor's options in his quest to end what he characterizes as an arbitrary cap on the inmate population.
The cap was ordered by three federal judges in California, and Brown had asked the high court to remove it. Having lost that bid, he will continue to pursue a request to the lower court for more time to comply, according to a California Department of Corrections and Rehabilitation spokeswoman.
The Supreme Court justices said they found no grounds to take up the population limit, dispatching the governor's request in a single sentence: "The appeal is dismissed for want of jurisdiction."
Brown had no immediate response to the decision. A spokeswoman in his corrections department, Deborah Hoffman, issued a statement saying that the administration was "disappointed."
While awaiting the Supreme Court's decision, the governor recently asked the three-judge panel to give him three years to lower inmate numbers for the long term by, for example, expanding rehabilitation programs that could help keep offenders from returning to prison once they leave.
The court gave the state an extra month instead, until Jan. 27, and ordered officials to conduct settlement talks with lawyers for the inmates whose lawsuits led to the population cap. A report on those mediation efforts is due next week.
Brown and lawmakers approved funding in September for the rehabilitation programs, and the governor has touted "historic reforms" that have already been made — such as a new law requiring reconsideration of some sentences — that need time to work.
"California will continue to build on these landmark reforms with our law enforcement and local government partners," Hoffman said Tuesday.
If the settlement talks do not yield a result that is acceptable to the court, Brown could be left with more difficult options: Spend hundreds of millions of dollars to rent privately owned prison beds or concede to major changes in whom California incarcerates.
The governor so far has fought proposals to shorten the sentences of inmates who are considered at low risk to re-offend, saying that would threaten public safety. He has vowed to keep prisoners locked up, sending them to private facilities across the country if necessary.
But the judges have temporarily barred him from moving more prisoners out of state.
"I'm among those who think there are no easy solutions," said Michael Romano, director of the Three Strikes Project at Stanford University.
Romano said thousands of inmates could leave the system relatively quickly if local courts speed up reviews of sentences in about 2,000 pending three-strikes cases. Californians voted last year to ease the state's three-strikes law and apply its new standards retroactively.
The judges ordered that the mediation discussions include three-strikes prisoners, although Brown's administration has said the backlog of unheard cases is not its responsibility.
The state's prisons have long been beset by problems in the delivery of medical care and psychiatric services, inmate suicides and lawsuits over other conditions. The three judges ruled that the problems were due to overcrowding and in 2009 ordered the state to remove about 43,000 inmates.
The state moved some prisoners to private facilities, built a new medical prison and kept more than 20,000 prisoners and parole violators in county jails rather than send them to state prisons. Officials have also signed agreements with private prison operators for almost 3,800 beds at three facilities.
The latest of those is an $86-million, three-year contract announced Tuesday to take over a California City prison that houses federal immigration detainees.
But a corrections department spokeswoman said Tuesday that the state still has 4,400 more prisoners than the cap permits.
As part of its contract, Corrections Corp. of America will make the first $10 million in upgrades that might be needed to house California's higher-security inmates. After that, the bill falls to California taxpayers.
If Brown doesn't want to give up yet on his effort to be free of the inmate cap, one expert said, he might still be able to find ways to contest the cap before a lower court.
There is no "federal order that is not appealable," said Kent Scheidegger, an official of the Criminal Justice Legal Foundation. "It is a matter of finding" the right procedure, he said.
Scheidegger's Sacramento-based group submitted a brief to the Supreme Court on behalf of four former California governors, siding with Brown by arguing that the cap is unreasonable in light of the improvements California has made.
In the meantime, prisoners' lawyers are pressing for even greater court intervention, seeking new orders on treatment of inmates.
"Prisoners are still suffering from terrible healthcare," said Don Specter of the Prison Law Office, which represents inmates in the federal court cases.
"Reports from the court experts still show that prisoners are at great risk of injury or death from the lack of adequate medical care," he said.

California more accepting of Common Core education overhaul than other states

Controversy is dogging the rollout of the rigorous new Common Core curriculum in many of the 45 states that first embraced the bipartisan proposal, with critics saying the change in English and math standards are a federal intrusion, an attack on local control or just too expensive.
In Pennsylvania, passionate protests prompted the state to replace the Common Core with a hybrid that includes much of the state’s current — and less demanding — standards. In Indiana, critics succeeded in cutting off funding for implementation of the Common Core. Michigan legislators took similar action before reversing themselves in late September.
Variations of these fights have broken out in Alabama, Georgia, Kansas, Missouri, Ohio, Oklahoma and South Dakota.

But that pushback is largely missing in California — home to more students than any other state — even among some of the more conservative districts.
Deputy state Superintendent Deborah Sigman says while she has seen some criticism, it’s been more muted than elsewhere.
“I don’t mean that we don’t have any controversy,” she says. “There are some naysayers. But I think it is fair to say that we have less at every level.”
California’s first standards, established in the late 1990s, were among the most ambitious in the nation. The new Common Core is not seen as a radical shift, says Gerardo Loera, who heads the curriculum office of Los Angeles Unified, the nation’s second-largest school district.
“We’re used to the idea of having standards that we have to teach toward,” Loera says. “We’re not questioning the philosophical ‘why,’ just the practical ‘how.’ ”
The Common Core’s political history in California also seems to be making a difference. Many governors agreed to adopt the new national standards in order to increase their state’s chances of winning extra money from the Obama administration’s Race to the Top education reform competition.
“There is backlash in other states that didn’t get Race to the Top money and are now ticked off,” says Jeannette LaFors of Education Trust-West, an advocacy group.
While California didn’t get any of that federal money either, the original decision to press ahead wasn’t motivated as much by money from Washington as “a more genuine commitment to improving standards,” she says.
Opponents who see the Common Core as an attack on local control have had a hard time getting heard here. California school boards have the right to opt out of the Common Core, says Barbara Murchison, who heads up the state’s implementation program. “There is nothing at the state level that requires them to do it.”
To date, no district has voted to reject the new standards, she says.
That may be, in part, because all districts are required to take an annual test given by the state.
Beginning in 2015, that test will be the new Smarter Balanced online assessment, one of two national tests, developed with federal funding, that are pegged to the new standards. About 24 other states have indicated they will also be giving the Smarter Balanced tests.
The Common Core has also attracted fans because it’s viewed by teachers as “more realistic and smarter” than California’s 1997 standards, which are often criticized as a mile long and an inch thick, says Dean Vogel, president of the California Teachers Association.
“It was impossible for teachers to cover everything,” he says, adding that teachers view the new national standards as “a breath of fresh air” because they require much less regimentation than the earlier standards. Districts have more freedom, this time around, to choose their own curriculum, instructional materials and teacher training programs.
“The Common Core is a document that recognizes the educator as the expert and provides for the teacher to have an authoritative role in pedagogical decisions to make things better for kids,” Vogel says. “From our point of view, this is a powerful antidote to the increasingly obtrusive, top down, ‘this is what you have to do’ view of reform.”
Worries about cost have been an issue in many states, including California, which currently ranks 49th in per pupil funding. But some of the pressure came off in the last year. The state recently revamped its funding formula in ways that funnel additional money to schools with more students who are from low-income families or are English learners.
In addition, last fall, California voters passed Proposition 30, which approved a temporary tax increase to raise more money for schools.
Gov. Jerry Brown announced in the spring that each district would get a proportional slice of $1.25 billion in new state money over the next two years that could only be used to implement the Common Core.
The one criticism of California’s rollout of Common Core that seems to stick is a complaint that the pace of state implementation has been too slow and uneven. Groups such as Education Trust-West have stressed that with California’s below-average scores on national tests, the state Education Department leaders shouldn’t be “dragging their feet” compared to other states.
California officials deny they are doing so. In any case, the relatively drawn-out pace of change and the low-key way educators are presenting it may help explain why there has been little opposition, at least so far.
“We talk about this as a remodeling effort,” says Sigman of the state education department. “This is an evolution of the system. The ’97 standards were good standards, but this set of college- and career-ready standards is better.”
This story was produced by The Hechinger Report, a nonprofit, nonpartisan education-news outlet affiliated with Teachers College, Columbia University.

Wednesday, October 16, 2013

Immigration bills benefited from a more engaged Gov. Brown

SACRAMENTO — Tom Ammiano was frustrated. 
Gov. Jerry Brown had refused to meet with him, said the Democratic assemblyman from San Francisco, to talk about the Trust Act. Ammiano had proposed it to prevent immigrants in the U.S. illegally from being turned over to federal officials for possible deportation when arrested by local authorities.
Eventually, Brown skewered the measure with his veto pen, saying the bill was "fatally flawed" because it might have let some serious criminals escape deportation.
That was last year. This year, things were different. Ammiano said the two had multiple meetings in Brown's office, where they discussed its threadbare carpet, their shared Roman Catholicism — and the Trust Act.
"He said, 'I have some tweaks,'" Ammiano recalled. "Then we talked turkey and … came up with what everybody could live with."
Brown signed the measure into law about a week ago, one of 11 immigrant-related bills he accepted this year. He also significantly expanded driver's licenses for immigrants without documents. He rejected a measure to allow noncitizens to serve on juries, but gave those in the U.S. illegally permission to be lawyers and signed a bill protecting them from employers who threaten to report their status.
Brown's embrace of new immigrant rights is a shift from three years ago, when he openly opposed the driver's license idea while running for governor. He signed a small handful of immigrant-rights bills last year, permitting driver's licenses for those eligible for temporary federal work permits and giving undocumented college students access to public financial aid. But mostly, he stayed focused on the state's budget morass.
Now, with the fiscal crisis behind him, legislators describe the governor as more approachable and engaged. Instead of being handed off to his staffers, they hashed out differences with him face to face.
It helped that the Legislature's 25-member Latino caucus, which led the charge on many immigrant bills, is mostly Democratic and that the party won supermajorities in both houses last November. This year's efforts also coincided with a new recognition of California's changing demographics: Even the Republican Party that once rallied voters against illegal immigrants has launched a Latino outreach effort.
"There is a change," said Brown, who is expected to run for reelection next year in a state where 20% of voters are Latino and 10% are of Asian descent. "It's in part the sheer numbers and participation by immigrants in the life of our communities. It's also the advocacy and impressive work of immigrant groups and their supporters."
The driver's license law was long in the making.
Los Angeles City Councilman Gil Cedillo began working on the issue in 1997, when he was first elected to the Legislature. He eventually persuaded lawmakers to pass a bill that Gov. Gray Davis signed in 2003.
Arnold Schwarzenegger canceled the measure later that year, after replacing Davis in the recall election.
Ten years on, "what [has] changed was the political leadership and … the political climate," Cedillo said in an interview last week.
Even so, the license expansion would have foundered this year but for one lawmaker's chance remark to Brown.
The bill's author, Assemblyman Luis Alejo (D-Watsonville), planned to table it amid a fight over a distinguishing mark on the licenses — something Brown said federal law required.
With only one more day to go in the legislative session, Sen. Kevin de Leon (D-Los Angeles) mentioned the stalled bill to the governor in a Capitol hallway. The senator said Brown, surprised, told him: "Send me the bill. I'll sign it."
Seizing the moment, DeLeon and a few colleagues revived the bill in the Senate, which passed it just hours before the Legislature adjourned. The Assembly quickly followed suit.
A couple of weeks later, more than 40 domestic workers — many of them Latino immigrants — were ushered into the governor's inner office, where they tearfully watched him sign another long-sought bill. It requires overtime pay for nannies, healthcare aides and other personal attendants, a goal of community activists since 2006.

Tuesday, October 15, 2013

RIVERSIDE COUNTY: Jail spending will eat up future money

Adding jail beds and boosting deputy patrols in Riverside County could eat up projected gains in revenue over the next few years, leaving little or nothing to restore code enforcement, animal control and other departments hit hard by the economic downturn.
Jail expansions could potentially max out the county’s self-imposed limit on debt payments by 2020, according to a recent analysis. Even then, the county likely can’t erase its jail bed shortage without going well beyond the limit.
The Board of Supervisors last month held a workshop on budget-related matters, including a five-year spending plan for jails and a plan to hire more deputies for unincorporated areas. The board voted to hire a consultant to further assess the jail crunch, and supervisors want a closer look at non-jail options, such as road crews and fire camps for low-level offenders.
After losing $215 million in tax revenue since 2007, county finances are starting to modestly perk up, and property tax revenue is expected to grow as the real estate market rebounds. But as more money comes in, the county faces massive new spending obligations, jails being the largest.
Jail crowding has been a problem for years. Since 2000, the county’s population grew 45 percent while the number of jail beds grew just 31 percent, according to a county staff report. A long-standing federal court order requires the county to release inmates early when there aren’t enough beds.
Under court pressure to shrink California’s prison population and relieve crowding, state lawmakers in 2011 passed public safety realignment, which shifted to counties the responsibility for inmates convicted of nonviolent, nonserious and non-high risk sexual offenses. Those offenders are now sent to jails instead of state prison.
The county’s five jails, which have 3,906 beds, filled up in January 2012. Almost 7,000 inmates got early releases in 2012, and the number is expected to exceed 9,000 by the end of this year. Roughly 18 percent of jail inmates – 693 – were there due to realignment as of Aug. 31, county staff said.
SKEWED PRIORITIES?
“Because of what the state has done, we will need to distort what would otherwise be our county priorities in order to do what must be done, which is to build jails to house people that used to be in prison,” county Chief Financial Officer Ed Corser told supervisors during the Sept. 23 workshop.
To curtail early releases, the county plans to add more than 1,200 beds to the 353-bed Indio jail by 2017. The $267 million project – a state grant covers $100 million – doesn’t include the cost of moving county offices to accommodate the expansion.
The county is applying for another $80 million in state funding to add as many as 582 beds to the 1,520-bed Larry D. Smith Correctional Facility in Banning. Officials see potential there for a total of 1,600 additional beds.
Grants don’t cover the cost of running bigger jails. The new Indio jail, called the East County Detention Center, will require 406 sheriff’s personnel to be hired at a cost of $37.9 million annually by 2017, according to Corser’s figures.
In all, supervisors have committed to $97.5 million in new, annual public safety expenses by 2017, Corser’s numbers show. He expects revenue growth to cover the new costs.
But the $97.5 million doesn’t include higher labor costs that could come when the sheriffs’ union contract expires in 2016.
And it doesn’t address potential new funding requests from the district attorney’s office, the public defender, the Fire Department and probation. The county also is trying to boost its rainy day fund from $140 million, an amount described by one bond rating agency as “barely satisfactory,” Corser said.
Altogether, those additional requests could add up to $118 million by 2017, Corser said. Of that, $91.3 million would have to be found somewhere.
Prop. 172 passed in 1993 created a special public safety sales tax. But Corser said any growth in Prop. 172 revenue should go to the Indio expansion.
NOT ENOUGH
The Sheriff’s Department estimates the county needs 4,000 new jail beds now and 10,000 by 2028. Adding to Indio and Larry Smith would still leave the county short of that long-term goal.
Plans for a “hub jail” outside Palm Springs – 2,000 beds in phase one, 7,200 at buildout – have been discussed for years, and the county spent more than $22 million preparing for the project. But supervisors shelved the hub jail in 2011 amid cost concerns and opposition from Coachella Valley residents, who worried a jail seen from Interstate 10 would hurt the area’s image.
Even if supervisors revived the hub jail, a county staff analysis casts doubt on the ability to pay for it in the short term.
County policy dictates that no more than 7 percent of general fund spending go to paying off construction debt, a ratio meant to appease rating agencies that grade the county’s credit-worthiness. Adding 1,600 beds to Larry Smith brings the county to that threshold by 2020, the analysis shows.
The threshold would be shattered by 2025 if the county tries to add 10,000 beds now, according to the analysis. The Indio jail and other approved projects will double the county’s annual debt payments to $40 million by 2016, according to the analysis.
Deputy County Executive Officer Christopher Hans, who presented the analysis to supervisors, noted the projections are less accurate the farther they go out.
NOTHING BUT JAILS?
But assuming the numbers are true, there’s practically no room in the general fund – the county’s main piggy bank – for non-jail construction projects.
In the past, the county could use redevelopment money to pay for new infrastructure. But that option vanished in 2011 when the courts upheld the abolishment of California redevelopment agencies.
The Riverside County Transportation Commission, a multi-jurisdictional agency, does have its own funding for transportation infrastructure. It’s also possible to pay for construction through developer impact fees, state and federal money and other sources.
Right now, 20 percent of the county’s $590 million in discretionary general fund revenue goes to corrections. Jail spending would make up more than 40 percent if 1,600 beds are added to Larry Smith and more than 80 percent if a 6,000-bed jail is also built.
MORE DEPUTIES
The five supervisors committed in April to improving the ratio of deputies to residents in the county’s unincorporated areas, which aren’t part of cities. The ratio stood at 1.2 deputies per 1,000 residents before the recession and fell to 0.75 per 1,000 in 2012. It should rise to 1 per 1,000 by the end of 2013.
To reach 1.2 per 1,000, Corser said the sheriff would have to add 148 deputies by 2018 at an annual cost of $21.4 million. Actual costs could vary depending on how long it takes to screen and train new hires.
During the workshop, Supervisor John Tavaglione questioned whether the 1.2 ratio is feasible. During tough times in prior years, budgets for the animal control and code enforcement departments were slashed, and supervisors had to restore them, he said.
“Now we’ve obliterated those departments,” Tavaglione said. “And we’re going to have to rebuild them again.”
Public safety departments have seen their budgets cut 3 percent in recent years, but other departments took hits of at least 15 to 19 percent, Corser said. Factoring in non-county funding, code enforcement and animal control budgets since 2007 have dropped 33 and 18 percent, respectively.
In September 2007, supervisors beefed up code enforcement staffing in the unincorporated areas to 90 officers and supervising staff, up from 40 the year before. The number is 44 now.
Tavaglione stressed he supports the Sheriff’s Department and said he would love to see a 1.2 ratio.
However, “To think that we can just, for the next five years, focus every single dollar that we have on only the Sheriff’s Department and nothing else … that we’re not going to be able to provide the other services necessary in our communities to support, that go along with sheriff … it’s ridiculous,” he said.
Supervisor Marion Ashley said without a safe environment, the county won’t realize the economic growth it is expecting.
PRICE FOR SAFETY
Assistant District Attorney Jeff Van Wagenen said the district attorney’s office agrees jail beds are the top priority.
However, he said more prosecutors will be needed as more deputies arrest lawbreakers. Van Wagenen estimates the office is down 15 to 20 lawyers compared to four years ago. In recent years, the office has sought grants and outside funding to offset expenses, he added.
The county also is bracing for possible holes in this year’s budget. The Sheriff’s Department could have a $20 million shortfall and Riverside County Regional Medical Center is looking at a $50 million gap when the fiscal year ends next June, Corser said.
Assistant Sheriff Steve Thetford said his department appreciates the costs associated with expanding jails and hiring more deputies.
“There’s a price for public safety,” he said.
via http://www.pe.com/local-news/politics/jeff-horseman-headlines/20131012-riverside-county-jail-spending-will-eat-up-future-money.ece




Monday, October 14, 2013

Jerry Brown vetoes bill to make some drug crimes 'wobblers'

Gov. Jerry Brown vetoed legislation Saturday that that would have given local prosecutors discretion when deciding whether a person charged with possessing a small amount of illegal drugs should be charged with a felony or a misdemeanor.

Under Senate Bill 649, by Sen. Mark Leno, D-San Francisco, possession of cocaine, heroin and other specified drugs would have been downgraded to the status of methamphetamine, Ecstasy or hashish, "wobblers" treated as felonies or misdemeanors depending on the circumstances.

Brown said in his veto message that state officials dealing with prison crowding in California are preparing "to examine in detail California's criminal justice system, including the current sentencing structure."

The Democratic governor said that "will be the appropriate time to evaluate our existing drug laws."

Supporters of the Leno bill had said it would reduce recidivism by eliminating some employment barriers resulting from a felony record. The California District Attorneys Association opposed the measure.

PHOTO CREDIT: A police officers conducts a traffic stop in Lincoln on Wednesday, September 29, 2010. The Sacramento Bee/Randall Benton

Friday, October 11, 2013

Victory! California adopts Ban the Box - A Message from Dorsey Nunn


Legal Services for Prisoners with ChildrenThe signing of AB 218, the Fair Chance Employment Act, by Governor Brown creates enormous potential for California, formerly incarcerated people, and the community as a whole.  Now people with records will have a better chance to become employed, and thus to sustain themselves, their families, and contribute to their larger community.

Criminal background checks undermine fair hiring practices and discriminate against a class of people solely based on prior conviction history. The new law prohibits initial inquiry about convictions on job applications for state agencies and local government jobs, postponing any background check until later in the hiring process.

Legal Services for Prisoners with Children and All of Us or None have been on a march to secure the full restoration of the civil and human rights of formerly incarcerated people for approximately 10 years. Our dedication to this mission is why we have been fighting to end structural discrimination in hiring and housing, represented by the question, “Have you been convicted...”

Over 10 years ago, All of Us or None initiated our Ban The Box campaign, which aims to prohibit employers, housing providers, and other quality-of-life providers from discriminating against people with records. Now thousands of individuals and hundreds of organizations, service providers, and elected officials around the country have joined in the campaign for fair chances in employment.

We are grateful for everyone’s contribution no matter how large or small. We want to thank Governor Brown for signing AB 218, and Assemblymember Dickinson for authoring it and being a champion for the bill. Most of all we appreciate the hard work and tireless efforts of our co-sponsors, the National Employment Law Project and PICO California. With them, we mobilized people all over the nation to support an end to discrimination based on prior records, and to opening up employment opportunities in California for people with past convictions. This new law is a tremendous victory for all of us.

Real public safety and public health means that everyone has access to sustainable employment, affordable housing, and a productive quality of life absent of any forms of discrimination.

The signing of AB 218 is one step towards equality. We now need to prohibit others, including private companies and contractors, from legally eliminating people with conviction histories from job opportunities. We need to create more meaningful and accessible jobs so that people returning to our communities can have a legitimate way to support themselves, and contribute to our society as a whole.

In pursuit of justice,

Dorsey Nunn
Executive Director

San Bernardino County sheriff gets approval to seek grant for jail upgrades

The San Bernardino County Board of Supervisors on Tuesday gave the Sheriff’s Department the green light to apply for an $80 million grant from the state to construct new housing units at the Glen Helen Rehabilitation Center in Devore.
The Sheriff’s Department plans to demolish two housing units at the 53-year-old jail and replace them with three new housing units comprising 512 beds and a visitors’ center. They will accommodate an intensive 18-month education/counseling program to help prepare inmates for life on the outside once they are released from custody.
Design and planning for the $109.9 million project is expected to span throughout 2014, and construction should last three years, from May 2015 to May 2018, according to the grant proposal presented to supervisors.
The Glen Helen Rehabilitation Center, built in 1960 as a maximum security work camp, is the oldest jail in the county and one of nine detention facilities. To accommodate the influx of inmates under Public Safety Realignment, the county has been seeking funding to assist in upgrades at its existing jails and construction of the Adelanto Detention Center, currently under way.
In June 2012, SB 1022 became law. It allowed the state to set aside a $500 million pot for counties to dip into, via application, to assist in jail construction and upgrades necessitated by realignment. The Sheriff’s Department is requesting the $80 million from the pot.
The county will chip in $26 million-plus for the project and another $3.9 million will come from in-kind contributions.
Glen Helen is not the only project under way in the county to increase bed space and improve efficiency. Projects are also under way to expand the Adelanto Detention Center by more than 1,000 beds and to bring some housing units at the West Valley Detention Center in Rancho Cucamonga into compliance with the Americans with Disabilities Act.
Since awarding the Adelanto Detention Center construction contract in December 2010, there have been 20 amendments and change orders to the contract. Initially projected by the county to cost $144 million to build, bids for the project subsequently came in at $120 million, so the budget was adjusted to reflect that amount, county spokesman David Wert said.
Unforeseen glitches in the smoke detection and sprinkler system and other project snafus, however, caused costs to climb, and now the budget is back to $144 million and is not expected to surpass that, Wert said.
The Board of Supervisors also approved Tuesday increasing the budget for the West Valley Detention Center project by $2.3 million, bringing the cost from $2 million to $4.3 million.
The project will bring eight of 15 housing units at the jail into ADA compliance and address accessibility issues in specific inmate cells, showers, day rooms and recreation yards, according to a report prepared for county supervisors.