ACLU SoCal Files Lawsuit Challenging Efforts to Shutter Transitional Housing in Hesperia

RIVERSIDE, CA – A charitable organization dedicated to reducing homelessness and several of its clients filed a federal lawsuit today challenging the city of Hesperia’s attempts to unlawfully restrict housing and support services for individuals with criminal records.

The ACLU Foundation of Southern California (ACLU SoCal) filed the lawsuit on behalf of Victor Valley Family Resource Center (VVFRC), a nonprofit in Hesperia that connects individuals who are homeless or at risk of becoming homeless to transitional supportive housing. The suit argues that efforts by Hesperia to shut down three transitional homes are intended to banish residents released on probation.

“The city’s efforts to shutter these homes is little more than an attempt to banish individuals with criminal records from their community,” said Adrienna Wong, a staff attorney with ACLU SoCal. “That’s unacceptable and violates the California Constitution and the 1st & 14th amendments of the U.S. Constitution.”

Currently, the San Bernardino County Probation Department refers individuals released from incarceration who have no place else to go to VVFRC, which provides transitional housing for up to one year, as well as meals, case management services and permanent housing placement.

The lawsuit, filed against the city of Hesperia, San Bernardino County Sheriff John McMahon and other city and sheriff’s officials, argues that several Hesperia municipal codes which were used to target VVFRC violate both the California and U.S. Constitutions. In some cases, Hesperia enforced a code prohibiting residential structures that house more than one individual on probation who are not related by blood or marriage, violating the individual plaintiffs’ right to association. One of VVFRC’s transitional homes was forced to close as a result, and the remaining homes may face the same fate.

The city also violated privacy rights by enacting an ordinance requiring landlords to provide their tenants’ personal information to police in Hesperia for purposes of a background check and registration of tenants in a database administered by the police. Under the same ordinance, the city requires landlords to evict tenants if the chief of police sends a “notice of criminal activity” – even if the tenants are never convicted, charged, or even arrested for any crime.

Hesperia’s efforts to shut down or severely limit the operations of VVFRC are a direct challenge to the state Public Safety Realignment Act (AB 109), the sweeping reform package enacted to ease severe overcrowding in California’s jails and prisons. AB 109 redirects state resources from building more prisons to investing in community-based programs that provide services such as transitional housing, addiction treatment, mental health counseling, job placement and more.

Also named as plaintiffs in the lawsuit are six VVFRC clients who are on probation and have benefitted from these and other services. Without VVFRC, these and other clients would be vulnerable to homelessness, which increases the risk of re-incarceration.

“The city’s stance is not only unlawful but it also undermines public safety by eliminating the kind of re-entry and sober living group homes that provide crucial services to individuals who have no other recourse,” said Belinda Escobosa Helzer, ACLU SoCal general counsel and director of its Dignity for All Project. “Without a safe and supportive environment, they are at great risk of falling into homelessness and returning to criminal activity. Efforts by the city of Hesperia to eliminate this critical resource are ill-considered, unconstitutional and detrimental to public safety.”

Read the complaint

Contact:
Sandra Hernandez 213.977.5247, shernandez@aclusocal.org
Tony Marcano 213.977.5242, tmarcano@aclusocal.org

Via: https://www.aclusocal.org/pr-vvfrc-v-hesperia/ 

FREE Help with Felony Removal

#CHAMP47 Removes Barriers

Is a felony preventing you from moving forward in your life? Increasingly, a proportion of people in the United States, especially from lower income communities and people of color, has been increasingly marginalized in civic and political life. For most people with felony convictions, civil rights and privileges are unimaginably obtainable. Studies have shown that gaining employment and promotions continue to become more challenging. In addition, to limited resources, access to benefits, the right to vote and adequate housing are only a few socio-economical and disenfranchised consequences you may be faced with.  CHAMP 47 (Creating Healthy Alternatives Mobilizing Prop. 47), an initiative of Time For Change Foundation created to implement Proposition 47 gives hope to our community that you can live a sustaining and prosperous life after incarceration. The Safe Neighborhoods and Schools Act, which was approved by voters in November 2014 and CHAMP 47 campaign will help to improve our communities’ quality of life and restore our families. U.S. Sen. and 2016 Presidential Candidate Rand Paul (R) praised "PROP 47 does have the potential to help tens of thousands of Californians gain their freedom and work towards rebuilding their lives. The sooner individuals with qualifying convictions take action to reduce their sentences, the greater the impact of this law will be." Reduce low-level crimes ($950 or less) shoplifting, simple drug possession, forgery/fraud, petty theft/grand theft, writing a bad check, receiving stolen property For more info:  Contact Porscha   (909) 886-2994  info@TimeForChangeFoundation.org  JOIN US! DATE: Saturday May 7, 2016 TIME: 10:00 am-2:00 pm LOCATION: Cal State Reentry In/Parole Bldg  14040 Park Ave. Victorville, CA 92392 Items to bring with you Rap Sheet, CA ID or Drivers License Court documents, Case Numbers, Live Scan result

Extend Prop 47 Bill!

Are you aware that Proposition 47 (The Safe Neighborhoods and Schools Act) has a time limitation? Also, are you aware that there are at least 1 million Californians that may be eligible under Proposition 47 to change their felony convictions? 

Well, just in case the awareness is not there, Proposition 47 can do a numerous amount of good for non-violent criminals, only if it is allowed to do so. 

Furthermore, Proposition 47 (The Safe Neighborhoods and Schools Act) will be coming to a complete halt in November 2017, if AB 2765 (Weber) does not get amended to extend the bill, or eliminate the Proposition 47 deadline to petition for a sentence reduction. 

Most important, AB 2765 (Weber) was introduced on February 19, 2016, to extend the Proposition 47 bill time limitation for petitioning, and is required to have 2/3 votes of the Legislature to amend the act. 

In fact, since then, the bill has passed the Assembly Public Safety Committee by a vote of 5 to 2, on April 19, 2016, and will now proceed to the Assembly Appropriations Committee. 

Congratulations, AB 2765 (Weber)!!!!! 

Altogether, let's make sure that we support this bill, and provide the pertinent information to the population of people that this bill can truly have an impact on. 

We have to band together for this!

By: 

Porscha N. Dillard

Special Project Coordinator

Time For Change Foundation

Shame the Prosecuting Attorneys!

Do prosecuting attorneys really withhold evidence? Some actually do! This thought is not too far-fetched for it not to be a reality; especially if the prosecuting attorney is in dire need of a conviction.

As stated by Lopez, "Prosecutorial misconduct is an epidemic in our nation. Bad-acting prosecutors tarnish the image of otherwise hard-working, justice seeking, and law-abiding prosecutors. However, this small group of bad-acting prosecutors have a destructive impact on our criminal justice system. Not only do these bad-acting prosecutors put their conviction rate ahead of seeking justice, these bad actors often send innocent people to prison for a very long time. These bad actions forces the public to lose confidence in the system while costing the systems millions of dollars in costly appeals."

Thankfully, AB 1909 (Lopez) wants to make it a felony for a prosecuting attorney who intentionally withholds exculpatory evidence with a 16 month, 2, or 3-year county jail imprisonment term. What a way to teach those prosecutors! 

But, will it really change their ideology and approach to convictions? Will the corrupt prosecuting attorneys be held accountable for their actions? Really?!? Those are the burning questions for us all. 

To summarize, criminal charges are the best recipe and remedy for the destructive, thoughtless prosecuting attorneys; because something has to occur for the prosecuting attorneys to be held liable for their devastating and despicable behavior. The "withholding evidence chain" has to eventually be broken, specifically for criminal justice reform to occur. 

By: Porscha Dillard

Special Project Coordinator

Time For Change Foundation

                                                                   References:

AB 1909 (Lopez) – As Amended March 28, 2016. As Proposed to be Amended in Committee. 

SECRETS of misconduct to become PUBLIC!

Were you aware that California has the most "secretive" laws when it pertains to law enforcement and police records in the nation? Well, SB 1286 (Leno) wants to expose the shadiness of peace officers to end their sneaky ways of destroying, tampering, and deleting evidence, and make it a felony conviction for the particular peace officer who practices this detrimental approach to getting convictions. 

Given these points, it will be a great feat if police misconduct is publicized for the public to view, because peace officers have their own bill of rights to hide this admissible information. In any event, the public should be allotted the right to review the necessary records that provide insight about the misconduct, and be shown documentation of the process and elimination of a deceitful, monstrous peace officer.

In conclusion, fraud, deception, and trickery from peace officers has to come to a complete halt, AND peace officers have to be held responsible for their heinous acts of misconduct with an arrest and a felony conviction. 

Porscha N. Dillard
Special Project Coordinator
Time For Change Foundation

A Bill on the RISE!

Have you heard!?! Senator Holly Mitchell (D-Los Angeles) introduced SB 966, the Repeal Ineffective Sentencing Enhancement Act (The RISE Act) for prior drug convictions. The RISE Act will abolish expensive and fruitless sentencing improvement, emulating the Legislature’s and voters’ unity to essentially dismantle from mass incarceration; in order to invest back into the vast need of public services for the communities.

The objective of SB 966 is to:

• Save California taxpayers money to reinvest back into the needed community-based programs
• Reduce the racial disproportion within the criminal justice complex
• Address the severe sentencing
• Re-establish balance back in the judicial proceedings
• Abstain the ruthless punishment towards individuals that endure substance abuse disorder

Not to mention, SB 966 wants to show that the deteriorated pursuit has demonstrated and become immensely expensive; by defrauding state and local appropriations that should be disbursed to social and health providers, schools, and channels that veritably diminishes drug use.

Altogether, incarceration can progress to a higher amount of crime by damaging family and community dynamics. For the many individuals who re-enter back into society from incarceration, are challenged with overwhelming barriers in seeking employment, housing, and education.

In the long run, elongated sentences do not reduce recidivism, nor does it impede on the distribution, use, and recovery of drugs.

By:

Porscha Dillard

Special Project Coordinator

Time For Change Foundation

A Great Act - Public Safety & Rehabilitation Act of 2016

Great news! An incredible act called the Public Safety & Rehabilitation Act of 2016 (PSRA) is trying to improve public safety, and save California taxpayers money by reducing frivolous spending on our correctional system. One pivotal point of this act, is to transfer the power back to the judge and away from the District Attorney, to decide whether a minor of 14 years of age or older should be tried as an adult. Key factors have to be considered when making this decision such as: the minor's family and school life. It has to be a clear process to decide the outcome of the minor’s life.

Next, for those who are incarcerated with non-violent offenses, Public Safety & Rehabilitation Act of 2016 will add funds for rehabilitation, and will give credit for completion of educational programs with an early release. Ultimately, it is the next step to improve Prop 47.

Altogether, 1 million signatures need to be collected in order for this act to make it on the ballot in November. Governor Brown supports and is willing to sign this act, but requested 100,000 signatures by the end of April 2016 be gathered.  

Equally important, collaborative help is needed for the collection of the mandatory signatures from all that are in support of this act. Let’s be overt, prison reform is needed in the state of California, and this is a productive step towards obtaining that goal. 

For more information or to support the (PSRA) contact Vanessa Rhodes at vanessarhodes@gmail.com or visit SafetyandRehabilitation.com.

By: 

Porscha N. Dillard

Special Project Coordinator 

Time For Change Foundation