Federal Intervention Requested at Orleans Parish Prison

Behind BarsTuesday evening the Southern Poverty Law Center filed for a preliminary injunction against the New Orleans sheriff’s office. This filing pointedly requested the intervention of a federal judge due to the severity of the allegations. 

This action come a mere one month after the SPLC  filed a proposed class-action lawsuit against Orleans Parish Sheriff Marlin Gusman over unsafe and unconstitutional jail conditions.  Allegations that were supported by a Department of Justice inspection a few weeks later that found “inadequate staffing levels in jail facilities, pervasive violence and substandard mental health care.”

These findings were hardly shocking to anyone who was paying attention back in 2009 when prior DOJ investigations revealed a similar level of unconstitutional activities. In the intervening time, to the intense frustration of advocates, there was practically no public communication from the feds or local authorities about how to resolve the problems.

This latest filing by the SPLC requests U.S. District Judge Lance Africk to both grant investigating attorneys “expedited discovery” and hold a hearing about the conditions in jail within the next 90 days. (It is worth noting that Gusman’s office had asked last month for an extension of the original lawsuit.)

As if the findings prompting the lawsuit were not enough, reports are now filtering in about escalating violence in the facilities under scrutiny – violence that seems to have a level of retribution in its make-up.

Laura Maggi, a reporter for The Times-Picayune, brings us the unpleasant details:

Since the lawsuit, there has been an ‘uptick’ in violence, while inmates who need mental health care continue to be neglected, wrote Katie Schwartzmann, managing attorney for the law center. For example, the filing accuses jail deputies of anally raping an inmate with an object, beating up another shackled inmate and failing to protect three inmates attacked by other inmates.

One of the original plaintiffs, inmate Kent Anderson, signed an affidavit that deputies have threatened him since the lawsuit, saying they could move him back to a jail facility where he believes isn’t safe. ‘Since my lawyers filed the lawsuit, things have been hell for me. Deputies tell me, ‘You want to complain about things? You want to tell your lawyers? We’ll send you back to Old Parish Prison,” according to the affidavit.

Our justice system is flat out broken, there is no other way to truthfully describe it. Conditions of overcrowding and violence are found across the nation, and often in facilities housing not only male offenders, but also those incarcerating women and youths.The situation in Orleans Parish Prison is a horrible reminder of this fact.

 

Talking about the Juvenile Detention Alternative Initiative (JDAI)

Bart Lubow, Director of Juvenile Justice Strategy for the Annie E. Casey Foundation talks about the Juvenile Detention Alternative Initiative (JDAI) at an April 2012 conference in Houston dedicated to the topic. JDAI is currently the the most widely replicated juvenile justice system reform project in the nation, with initiatives in 38 states.

Racism in Memphis: Shelby County Juvenile System on the Hot Seat

Say No To Racism Vector StickerThe Memphis’ juvenile jail has been found decidedly wanting in a recent federal investigation.  According to it’s findings, there have been problems at the Shelby County Juvenile Court for years, mainly concerned with overly harsh discipline, inadequate protection of the incarcerated, and a strong dose of racism in the way that the inmates are treated. 

Thomas Perez, head of the DOJ’s Civil Rights Division in Washington, reported Thursday that both his attorneys and outside consultants found “systemic civil-rights violations as well as patterns of discrimination against black youths, who are more likely to be detained, to receive tougher punishments and to end up in the adult system.”

Beth Warren at The Commercial Appeal gives us a bit more detail on the DOJ findings:

Detention officers have used restraint chairs to strap down juveniles and pressure-point control tactics, such as bending a youth’s wrist backward to induce pain, according to a three-year investigation by the U.S. Department of Justice. Both, as practiced in Memphis, are unconstitutional, according to the report by the DOJ’s Civil Rights Division.

The report also found dangers in the physical layout of the jail, such as its two-level design with a balcony.

‘There is no systematic suicide-proofing of the building, no education to detention staff regarding necessary precautions and no plans to correct these risks,’ according to the report.

These issues are of grave concern, but even worse is the widespread racism endemic in the justice system. Unlike the situation inside the facility, the racist component begins on the streets. Just look at the arrest findings (via WREG TV, Memphis)

Black juveniles who were arrested in Memphis and surrounding Shelby County were twice as likely as whites to be detained in jail and twice as likely to be recommended for transfer to adult court, where a conviction generally brings harsher punishment, Perez said.

As is established in numerous reports over recent years, when you put juveniles into adult facilities the recidivism rate spikes. In other words, a much larger percentage of them are arrested again after release. The simple fact is that placing youth in facilities with adult offenders creates a training ground for criminals.

Perez has publicly stated that the goal is not to place blame, but to find a way to fix the problem. We will be keeping an eye on Shelby County and will let you know how well he does.

Image by Vector Portal, used under its Creative Commons license

Born, Not Raised – The Trailer

It is finally here! Ladies and Gentlemen, allow me to present the Born, Not Raised video trailer!

So, what did you think?

News Roundup: Juvenile Justice

Prison BarsFirst of all we would like to thank everyone who made our signing at Warwick’s Books such a success! It means a lot to see what we do inspiring such a reaction. Thank you all!

There seems to be a lot going on this week, and juvenile justice is taking the lead in news stories everywhere. Today, rather than focus on just one story, we would like to present a survey of the current top stories.

First stop, West Virginia. 

The state’s juvenile justice system will soon be examined by a court-hired monitor, due to worries that it focuses more on punishment than rehabilitation. This is an approach that is both more expensive and less effective over time.

State Supreme Court administrative director Steve Canterbury is quoted in The Charleston Daily Mail as making a vital point on the subject:

‘I know that many citizens get very frustrated and they have the misconception that ‘rehabilitation’ means ‘mollycoddling,’ but real rehabilitation programming is stringent and demanding and at the end of the day that investment pays off in dividends because you don’t have to keep paying for the continued recidivisms of juveniles who have not been rehabilitated,’ he said.

Orlando, Florida. 

In a move forward, Orlando is implementing a new program that allows cops on the street to write a ticket for many juvenile infractions that before now would have resulted in time behind bars. Geared toward “slightly troubled kids,” the option is only available to first-time offenders. Even so, the projected cost savings are sizable.

WFTV notes some of the details in their coverage of the story:

The civil citation will require things like restitution, community service and courses to correct juvenile behavior.  These are much cheaper than tying up the court system, according to officials.

‘We see many, many children mess up and many of them don’t need to go deeper into the juvie justice system,’ said Secretary Wansley Walters of the Florida Department of Juvenile Justice.

Texas

The Lone Star State has taken some good strides towards a better system of juvenile justice in recent years, so it is a fitting place for nearly 700 of the nation’s top juvenile-justice reformers to gather. Such is the case this week, as some of the most engaged minds on this topic meet in Houston to share their strategies for reducing the number of troubled youths who end up incarcerated.

Bart Lubow, director of the Juvenile Justice Strategy Group at the Annie E. Casey Foundation, which is hosting the Houston gathering, says just locking kids up mostly doesn’t work.

‘Our reliance on incarceration is a failed policy. It doesn’t work for the kids; it doesn’t work for public safety; it doesn’t work for taxpayers, because it’s enormously expensive.’

New York

While advocates gather in Texas, New York is the site of a two-day conference for journalists, hosted on the campus of The John Jay College of Criminal Justice’s Center on Media, Crime and Justice. The Juvenile Justice Information Exchange is blogging it, and I highly advise checking out their coverage. Here is a little of what to expect:

While the conference, Kids Behind Bars, Where’s the Justice in America’s Juvenile Justice System?, is primarily meant for journalists, many of the topics will be of interest not only to those in the field, but the general public as well.

Speakers on Monday include: Mark Soler, executive director of the Center for Children’s Law & Policy; Vincent Schiraldi, commissioner of New York City’s Department of Probation; Ricardo Martinez, co-director, Padres & Jovenes Unidos and David Utter, director of policy, the Florida office of the Southern Poverty Law Center.

Also of note: The Crime Report is also blogging the event, if you’d like a different perspective.

California

As all know, there has been a lot of furor in The Golden State about the closure of a number of facilities dedicated to housing juvenile offenders. KALW public radio has today’s “must read,” article on the subject – an interview with one of the state’s most noted juvenile justice reformers:

Only three of California’s state facilities still remain open, holding a total of about 800 to 900 youth, and soon the state will hand down responsibility of juvenile offenders to counties. But [Barry] Krisberg, the Director of the of Research and Policy at the Chief Justice Earl Warren Institute at UC Berkeley’s School of Law, isn’t so sure that this realignment is the wisest decision. Turnstyle sat down with him to discuss the coming changes to California’s juvenile justice system and what they will mean for both the state of California and its counties.

So there you go, some of the top news on the subject of juvenile justice this week. I’m sure that as budgetary constraints get tighter and election season ramps up we will be seeing a lot more stories on the subject. We can only hope that the legislators of our nation remember that it truly is more expensive to do nothing!

House Proposes 50% Cut in Juvenile Justice Spending

moneyState and local juvenile justice programs are looking at some very deep cuts in their federally based funding. The Congressional rampage to cut federal “discretionary” spending is lurching their way with a proposal that should unsettle anyone who is concerned with the fate of our country’s youth.

On the national level, Justice Department programs are funded by money appropriated by a single House committee, currently controlled by Republicans.

That committee has just submitted it’s financial proposals for the new fiscal year which starts on October first. In that proposal money dedicated to juvenile justice is reduces from $424 million in 2010 to $209 million, a slashing cut of more than fifty percent.

Ted Gest of the Juvenile Justice Information Exchange takes a closer look at the declining reosurces:

Federal aid for juvenile justice already had fallen more than 50 percent to its lowest level in more than a decade, says the Coalition for Juvenile Justice, which represents state advisory committees in Washington, D.C. The coalition is asking Congress for $80 million for “formula grants” that helps states comply with mandates in a key 1974 juvenile crime law, such as separating juvenile and adult defendants in jail and keeping minor offenders out of custody.

If you doubt the importance of keeping juveniles out of adult facilities, please look through the blog. It has been a constant refrain for us, as it is one of the biggest factors encouraging recidivism.

House appropriators, rather than adding funds for those purposes, would cut them to $33 million.

Continuing such cuts may raise questions about whether states will continue to abide by the federal requirements, with relatively little money at stake, as some states have done regarding the federal sex offender registration law.

This is really the big issue here. While progress has been being made in some states, a drastic reduction in federal funds could put those forward strides in jeopardy. As Gest noted above there is already a precedent for that sort of reaction, a fact that should give chills to any juvenile justice advocate.

Brace yourselves; the fight is about to get harder.

If you find yourself in the La Jolla area on Saturday, come out and meet Susan Madden Lankford, author of Born, Not Raised, at Warwicks. She will be holding a book signing from noon ’till 2 PM [details here].

Suicide in Jail: A Special Report

It is always gratifying to see solid, in-depth reporting. Today I’d like to share an excellent example of such an instance – a special report on the Emmy-Award winning interactive news talk show Richard French Live.

French, who has interviewed personalities ranging from Presidents Obama and Clinton to Sen. Harry Reid and House Speaker John Boehner, takes on the troubling topic of prison suicide.

The conditions in our penal system are often in the news because of brutal or substandard conditions. Inadequate supervision, use of unusual force, inmate violence, drugs and other reprehensible conditions are no longer surprising when they turn up in the news.

In two of our books we have looked at the plight of women in prison and the shameful state of juvenile justice. Here is another look at the system that examines the conditions faced in a New York facility that primarily houses male inmates.

(Since this is a full length report I’ve embedded a playlist with all the parts in the proper order for ease of watching.)

Maryland: The Juvenile Detention Center Blues

Handcuffed Hands Vector IllustrationThe state of Maryland received some bad news recently. It seems that their most troubled youth detention centers have gotten worse over the past year. Scott Dance at The Baltimore Sun gives us some details:

Youth violence and staff uses of force spiked in 2011 at Maryland’s most troubled juvenile detention centers, according to an annual report by the state’s Juvenile Justice Monitoring Unit, part of the attorney general’s office. The number of incident reports filed rose 25 percent from 2010 to 2011 across the state’s juvenile justice system to nearly 8,000, while some of the more violent categories of incidents increased even more.

Violent incidents noted in the report include:

  • Systemwide, the number of melees and other large group disturbances doubled. (179 instances reported.)
  • The Victor Cullen Center, a reform school in Frederick County, increased it’s use of handcuffs as restrains more than five times as often as in 2010. Youth-on-youth attacks there doubled, and assaults on staff members tripled.

Four particular hot spot facilities house roughly three quarters of the incarcerated youth population.

Cheltenham, Cullen, the Charles H. Hickey Jr. School in Baltimore County and the Baltimore City Juvenile Detention Center — four centers highlighted in the report because of their size or rates of violence — hold about 350 youths at any given time.

Overall, there are typically about 450 youths in state detention centers at a time, while 900 are in rehabilitation programs and reform schools. There are 5,700 released on probation to the community.

Forty to fifty percent of the roughly 230 youths detained at Cheltenham and the Baltimore facility at any time are not sentenced to the facility. They are, instead, waiting to be placed in a group home, substance abuse program or other type of treatment plan.

Once placed in a detention center, a person’s interim stay telescopes. While meant as a temporary measure, there is severe overcrowding in other youth facilities as well. This means that a stay meant to only last a few weeks frequently becomes a much longer wait for an opening to occur somewhere else.

While in the detention centers overcrowding is also a factor. Thirty-six thousand youths were referred to the department by the courts during the 2011 fiscal year. Since the department is required by law to accommodate any youth a juvenile court orders to be placed there, the problem becomes obvious.

I will once again refer to Mr. Dance’s excellent examination of the subject:

Many of the facilities have been stretched well beyond their capacity. The Hickey School, designed for 72 youths, housed more than that for nearly seven months of 2011, hitting a high of 97, according to the report. At Cheltenham, two of the main housing structures double up youths in 24 rooms meant for single occupancy, filling the buildings as much as 85 percent beyond capacity.

So we have kids that are just in there while waiting for a space at a group home who are incarcerated with violent offenders. This creates an environment where violence is rapidly learned as a means of self defense. Youth that would never have taken that path find themselves walking it in such an environment. Not only that, but it also is often the first step on the path to recidivism.
 Image Source: Vectorportal, used under it’s Creative Commons license

Mark Your Calender: Born, Not Raised Book Signing at Warwicks

As part of their continuing series of Weekend with Locals events, Warwick’s in La Jolla will be hosting Susan Madden Lankford, author of Born, Not Raised: Voices from Juvenile Hall this coming Saturday, April 21st at 12:00pm.

Come out and get your copy personalized!

Warwick’s 7812 Girard AveLa Jolla, California 92037 United States

Free Parking is available behind the store for customers while shopping at Warwick’s

Convict Speaks Out Against Transition Center Closures

Prisoners Exhibit, Rimini Meeting 2008The pressure cooker of incarcerated life is one that people adjust to out of necessity. The rules of interaction are drastically different, and often more brutal, than a life lived without bars.

One of the reasons the American rate of recidivism (the percentage of former prisoners who are rearrested) is so high is that prisoners are trained into the prison lifestyle and find themselves unable to readjust once returned to society.

This is exactly the issue being stressed in Illinois right now as the battle is joined to keep transition centers across the state open. Illinois Gov. Quinn has plans on the table to close fourteen facilities across the state, including many that help ease convicts back into the social patterns of everyday life.

The PJ Star brings us one convict’s view:

Convicted felon John Flood credits a state transition center with helping him get his life back on track after prison and testified Tuesday that Gov. Pat Quinn’s plan to close them would have a disastrous effect on inmates looking for a fresh start.

‘They know how to do prison; they don’t know how to do the world,’ said Flood. The 54-year-old spent nearly two years at Westside Adult Transition Center in Chicago after his theft sentence before landing a maintenance supervisor job.

Readers of our books are well aware that we find it vital to bring these people back into society. Mental health programs, substance abuse programs, inmate halfway houses, and transitional centers like the Peoria Adult Transition Center are essential in order to reduce recidivism.

Facilities like these help to provide a lifeline to those trying to adjust to the outside world. When released, prisoners often end up drifting back into the same criminal circles that got them behind bars to begin with. Many times this is due to feeling like outcasts or as though they are unable to function in the normal world.

Transition programs ease them from one environment to the other, helping to support their efforts to re-learn the world. Closing centers like these is a blatant invitation to failure and expense, and it is our hope that Gov. Quinn will alter his stance on the issue.

Keep in mind the convict, Mr. Flood. In his testimony he said he had nowhere to go without the Westside transitional center. Now he is leading a productive life on the right side of the bars.

Image by *clarity*, used under it’s Creative Commons license