Archives for July 2016

California is radically revamping its prison system in response to a national movement to reduce mass incarceration.
After decades of being tough on crime, the state is shifting to an emphasis on crime prevention and criminal rehabilitation, reports the San Francisco Chronicle.
The state was forced to change by a panel of three federal judges who declared California’s prison overcrowding was so severe it was providing prisoners with an unconstitutional standard of health care, states the Chronicle.
“I’m a little surprised at how much the tenor of things has changed, but it’s clear that the public’s mood has shifted,” said Santa Clara County District Attorney Jeff Rosen.
“It’s clear that the public is saying…let’s try a little more rehabilitation, drug treatment, mental health treatment,” he stated.
Voters showed they were ready for a change in November 2014 by passing Proposition 47. This initiative reclassified some drug and property crimes as misdemeanors, reported the Chronicle.
Realignment reduced the number of state prisoners by more than 30,000 inmates. Most studies don’t show an increase in state crime because of realignment, the report said.
While California had one of the highest recidivism rates in the nation, it is currently at 54.3 percent with room for improvement. The price tag for housing, feeding and caring for an inmate in the state is nearly $64,000 per year, reports the Chronicle.
There are about 127,000 inmates in the state prison system, according to California Department of Corrections and Rehabilitation Secretary Scott Kernan.
The decrease, which affects what Kernan calls “the pure density of the population,” has allowed rehabilitation programs to be started. He said the state’s 35 prisons have a long way to go. They have established substance-abuse treatment at nearly every institution.
“I hope the people of California understand that just locking people away and not giving them any incentive to rehabilitate themselves is not good public safety,” Kernan said.
“We can no longer afford to lock up large segments of our population for extended periods of time,” the Chronicle wrote in an editorial.
“When someone’s in custody without any services, that is not a situation that’s going to get them ready to re-enter society safely,” said Mary Butler, president-elect of Chief Probation Officers of California.
 
“What we’ve really learned is that we have to develop programs that allow people to start to change their way of thinking about crime and their life, so that they can make changes that will let them become a productive member of society,” she said.
Another step is being taken by Gov. Brown in the form of a proposed November ballot measure. It would allow nonviolent felons who have earned enough credits through good behavior and rehabilitative achievement to spend less time in prison.
While reforms have reduced the prison population, they may not result in major cost savings, stated the report.
“I think there’s an unreasonable expectation of budget reductions,” Kernan said. “We haven’t closed a prison, and there are other things that have imposed on our budget.”
Some of those things, such as improved medical care, were court ordered. Improvements in mental health care will improve public safety in the long run, said the Chronicle.
“We need to shift money from the criminal justice system and put it into the mental health system, especially in poor communities,” said San Francisco District Attorney George Gascon.
California’s decision to pursue a punitive criminal justice policy for decades carried huge social costs for families and communities. That’s a cycle that has led to more crime, more recidivism and more generational poverty, said the report.
“We have a three-judge panel who’s told us that there’s a limit to the number of people we can have in California prisons. I don’t think there’s going to be a lot of prison building…. It takes a lot to reduce recidivism, especially with people who may not have hopefulness after experiencing extreme poverty,” said Alameda County District Attorney Nancy O’Malley.
“There are a lot of steps to reducing recidivism and, right now, it’s our job as leaders to maximize our efforts there,” O’ Malley said.

For years, the youth in juvenile justice systems have been subjected to two controversial practices: shackling and strip searches.
However, many states have banned one or both practices, with Maryland the most recent state to attempt to curtail shackling in the courtroom, the Baltimore Sun reported.
In Maryland, juvenile justice officials maintain that security remains the reason for shackling and strip searches — even for those detained briefly for low-level offenses. It is the Maryland Department of Juvenile Services’ policy that juveniles must still be shackled during disturbances within the facility and during any transport by staff, including to medical appointments.
Child psychiatrists note that both of these practices can have a lasting mental impact on the youth. With the treatment of juveniles in custody under debate around the country, many argue that these are vestiges of a broken system, according to the Sun article.

Shackling

Last September, Maryland’s highest court passed a voluntary resolution giving judges discretion over when to shackle in the courtroom. However, the Sun reported many judges continue to defer to the policies of correctional officials. Public defenders argue before judges that shackles make the youth appear guilty and dangerous before the witnesses and even the judges themselves. In Maryland, the Sun wrote, “the complete set of chains can weigh eight to 25 pounds.” These include shackles around the ankles, which are linked with a chain. The youth’s wrists are also locked in handcuffs and attached to a chain draped around the youth’s waist. That is then secured with a black box and heavy padlock.

One youth, interviewed by the Sun about his court appearance, said of the shackles, “They feel like fire, like someone put hot metal into your skin. Even when they aren’t tight, they hurt when you walk,” he was facing a robbery charge for being with a group of boys when one of them stole a cellphone.

“You got your feet and your hands shackled like you’re a cold-blooded killer,” added the youth. “You feel like you don’t even have a fighting chance in the courtroom.”

In 2005, the Supreme Court stopped this practice for adults by ruling that it violates the due process rights of those who posed no flight or safety risks. The Supreme Court ruled that shackling caused individuals to appear guilty in the eyes of a judge or jury.

Twenty-three states have followed suit in cases involving children, by either passing laws or binding court resolutions.

Strip Searches

In Maryland, juveniles are strip searched when they are admitted to detention facilities, after court dates, and visits with family and attorneys, reported the Sun.

To search for contraband, staff required juveniles to completely disrobe, squat and raise their arms.

“I felt violated,” a Baltimore girl said. “It made me feel like I did something wrong — I mean I did — but like I’d hurt somebody bad.”

Security 

Officials at Maryland’s Department of Juvenile Services say that both shackling and strip searches are considered best practices by the American Correctional Association.

Officials cite two escape attempts and the murder of a teacher in a facility over the past six years.

“For us, this is a life-and-death issue,” said Jay Cleary, Chief of Staff to Juvenile Services Secretary Sam J. Abed. “The community is counting on us to keep them safe and keep the youth safe,” he added.

Reforms

Public defenders and child advocates want further reforms.

“These policies have nothing to do with any particular risk from a child,” said Sen. Dolores Kelley, who filed a bill that would have banned strip searches and limited shackling except in the case of a particular security threat.

“If you were to look at …’ cruel and unusual punishment,’ this is it,” she adde

A nearly unanimous vote in February by the Kansas Senate passed legislation shifting the focus of the state’s juvenile justice system to reduce incarceration of low-risk offenders. The bill shifts millions of dollars into community-based programs to counter recidivism by funding education and treatment.
The bill was advanced by Senator Greg Smith (R-Kansas). It was praised by Democrats and Republicans alike.
Senate Bill 367 was passed to the House by a 38 to 2 margin.
Under the bill, the level of out-of-home placement of juveniles is expected to drop 60 percent by 2020. It is estimated $75 million could be reallocated to juvenile programs. “It truly reflects the charge … to promote public safety, hold juvenile offenders accountable, control taxpayer cost, and improve outcomes for youth, families and communities,” Smith said, reported the Topeka Capital-Journal.
According to the Kansas Department of Corrections, drug charges are a common theme for juveniles serving time in the local detention centers. Currently, juveniles could be returned to the Juvenile Department of Corrections for any violation of the terms of probation. These violations could include drug use, not attending school, hanging out with drug users, and getting fast food at a restaurant when ordered to go straight home. In addition, Kansas incarcerates youth at the sixth highest rate of any state in the U.S.
In response, a bipartisan group of legislators hopes to shift resources away from incarceration and into programs that help young people.
For example, the bill would also limit a court’s jurisdiction over a juvenile’s case to 12 months for a misdemeanor, 15 months for a low-risk felony, and 18 months for some high-risk felonies.Probation would reflect the outcome of risk and needs assessments. Terms of probation would be graduated from six to 12 months depending on the offense.
The Kansas Department of Corrections would be required to adopt regulations by January 2017 for a series of graduated responses to technical violations of probation. A system of multidisciplinary teams would also be created to review cases of a juvenile’s failure to substantially comply with intervention efforts.
Katrina Pollet, Southwest Regional Juvenile Detention Director said, “We need (the) type of program to meet the needs (of our kids),” she added.She also believes education and training inside the juveniles homes are better methods than incarceration. “We need to get them to services at home that are known to help.” The legislation would shift control over policies and programs to the local level. Smith, chairman of the Senate’s corrections committee, said criticism of the bill as soft on crime is mistaken. Smith himself has been affected by crime. His daughter, Kelsey, was abducted and murdered in 2007.
He urged colleagues to review the research for answers to why the state can’t simply warehouse troubled children.
“Rarely does the Legislature address the needs of the people. It seems we always address the needs of the institutions,” said the senator. “We’re putting kids first, families first, and promoting public safety.”