Tag: criminal justice reform

Gov. Jerry Brown Signs Overhaul of California Bail System to End Required Cash Payments for Release

A sign advertises a bail bonds company outside San Francisco’s Hall of Justice. After SB 10 takes effect in October 2019, these signs will be a thing of the past in California. (Alex Emslie/KQED)

by  via latimes.com

California Gov. Jerry Brown signed a landmark bill today to overhaul the state’s money-bail system, replacing it with one that grants judges greater power to decide who should remain incarcerated ahead of trial.

The two-year effort fulfills a pledge made by Brown last year when he stalled negotiations over the ambitious legislation, saying he would continue to work with lawmakers and the state’s top Supreme Court justice on the right approach to change the system. The new law puts California at the forefront of a national push to stop courts from imposing a heavy financial burden on defendants before they have faced a jury.

“Today, California reforms its bail system so that rich and poor alike are treated fairly,” he said in a statement.

Senate Bill 10 would virtually eliminate the payment of money as a condition of release. Under last-minute changes, judges would have greater power to decide which people are a danger to the community and should be held without any possibility of release in a practice known as “preventive detention.”

Top state officials, judges, probation officers and other proponents of the efforts lauded the new law. Co-authors Sen. Bob Hertzberg (D-Van Nuys) and Assemblyman Rob Bonta (D-Alameda) called it a transformative day for criminal justice, and a shift away from a pretrial system based on wealth to one focused on public safety.

Chief Justice Tani Cantil-Sakauye, who helped craft the legislation through the formation of a judicial task force that spent a year studying the issue, described a three-branch solution to address a money-bail system that “was outdated, unsafe and unfair.”

“A person’s checking account balance should never determine how they are treated under the law,” Lt. Gov. Gavin Newsom said in a statement.

But the historic passage of the bill has been bittersweet for lawmakers, as opponents — including some of the bill’s most ardent former supporters — argued the final version of the legislation would allow judges to incarcerate more people based on subjective criteria, and did not include enough oversight over risk-assessment tools found to be biased against communities of color.

“No one should be in jail because they are too poor to afford bail, but neither should they be torn apart from their family because of unjust preventative detention,” said a statement from American Civil Liberties Union directors Abdi Soltani in Northern California, Hector Villagra in Southern California and Norma Chávez Peterson, representing San Diego and Imperial counties.

California’s bail system has long been ripe for reform, both Democrats and Republicans agreed. Under the current system, bail is set according to a list of fixed fees that depend on the gravity of the crime and often vary widely by county.

Offenders are required to post the amount upfront, or pay a 10% fee — like a down payment — to a bond company before they are released on bail. Those who can’t afford the fee can remain incarcerated up to an additional 48 hours, or longer on weekends or holidays, before they are formally charged and arraigned.

Continue reading “Gov. Jerry Brown Signs Overhaul of California Bail System to End Required Cash Payments for Release”

THIS WAY FORWARD: John Legend Teams Up with New Profit to Help Formerly Incarcerated Entrepreneurs Succeed via Unlocked Futures Program

by Dena Crowder

“I care deeply about issues of incarceration and criminal justice reform,” says Tulaine Montgomery, managing partner at New Profit, a philanthropic venture capital fund. It’s a passion she shares with Grammy award-winning singer/songwriter John Legend.  Like Legend, whose mother cycled “in and out of jail for charges related to drug addiction” when he was growing up, Montgomery has seen the impact of prison on families firsthand.

“This idea that there is a group of people we can *other*…that we cannot advocate for – that’s not something I’ve been able to entertain,” she explains. Montgomery believes that when someone who’s been incarcerated faces barriers preventing successful re-entry into society, it doesn’t just damage them alone.  On the contrary, it wreaks havoc on their extended family, community and nation, often for multiple generations. 

In addition, she says that treating entire groups of people as “expendable” and “counting them out” of making productive contributions makes zero economic sense. The USA spends $80 billion a year to keep people behind bars. Once paroled, even non-violent, first-time offenders struggle to find housing, jobs, or chances for further education.  Feeling locked out of opportunity and unable to sustain themselves, many end up right back in prison.  It’s a costly revolving door. Providing a path to success rather than creating a class of “throwaway people” is not only morally redemptive, it’s also economically sound. 

Tulaine Montgomery, New Profit’s Managing Partner (Photo Courtesy of New Profit)

Transforming inequities and imbalances in the criminal justice system is part of the larger mission behind Unlocked Futures, a partnership between New Profit, John Legend’s Free America campaign, and Bank of America. A 16-month accelerator program that supports entrepreneurs who have been previously incarcerated, Unlocked Futures provides funding, leadership training, business skills building, executive coaching, content development and peer support to eight members or cohorts. 

The program identifies innovative entrepreneurs whose businesses solve problems that affect those impacted by the criminal justice system.  They are uniquely qualified to address the “most pressing challenges” and break down barriers, precisely because they’ve been there, Montgomery says.   

It’s her belief that “someone who has served time—one of the most dehumanizing conditions we pay federal dollars to create—and emerged mentally intact and ready to lead a business, that’s a leader I want to know.

Topeka Sam is one of the eight inaugural Unlocked Futures cohorts and a case in point. Her organization, Ladies of Hope Ministries, helps women transition from incarceration back into meaningful participation. She knows the terrain and has insight into how to navigate the road to re-entry because she’s lived it.  

Marcus Bullock, CEO of Flikshop, a mobile app company that delivers postcards to inmates from loved ones, says the idea came to him because it was “connection” with family and his mother in particular that gave him a thread of hope during imprisonment.

Every dollar invested in correctional education returns $19.76 back to society,” according to Dirk Van Velzen, founder of the Prison Scholars Fund. Van Velzen’s organization helps inmates gain degrees and skills that are marketable in the job sector because he knows that if they’re employable, they’re far less likely to commit new crimes. The statistics are staggering: national recidivism stands at 68%. For graduates of the Prison Scholars’ Fund, that rate plummets to 4%. 

When Unlocked Futures kicked off at the end of last year, John Legend joined New Profit and the eight cohorts for a round table discussion. After listening to their stories, Legend remarked “with people like you working tirelessly to change the system and the narrative, I’m optimistic.” Continue reading “THIS WAY FORWARD: John Legend Teams Up with New Profit to Help Formerly Incarcerated Entrepreneurs Succeed via Unlocked Futures Program”

U.S. District Judge Rules Orleans Criminal Court Can No Longer Jail Anyone for Failing to Pay Fines or Fees Without Neutral Hearing

Carvings on the Orleans Parish Courthouse read: THE IMPARTIAL ADMINISTRATION OF JUSTICE IS THE FOUNDATION OF LIBERTY. (Photo by Seth Gaines)

by  via theadvocate.com

Everyone who owes fines and fees from criminal convictions in Orleans Parish must have the chance to plead poverty in a “neutral forum” before landing in jail for failing to pay, a federal judge ruled Friday.

Barring an appeal, the ruling from U.S. District Judge Sarah Vance marks the end of a three-year legal battle over the so-called “debtors’ prison” lawsuit brought by a handful of criminal convicts who were jailed for days or longer in Orleans Parish without a chance to prove they couldn’t afford to pay the fines and fees they owed.

Vance broadened the scope of the case Thursday with a 35-page order granting class-action status to anyone who owes court-issued fines and fees now or in the future.

On Friday, Vance declared that “undisputed evidence” shows the 13 judges of Orleans Parish Criminal District Court have “a policy or practice of not inquiring into criminal defendants’ ability to pay before those individuals are imprisoned for nonpayment of court debts.”

She also declared that the judges have an “institutional conflict of interest” in making such poverty determinations themselves. That’s because the proceeds from fines and fees go directly to the court’s Judicial Expense Fund, a kitty controlled by the judges that can be used for a broad range of judicial expenses. Fines and fees have contributed about $1 million a year to the court’s coffers.

Vance ruled that the court’s failure to “provide a neutral forum for determination of such persons’ ability to pay is unconstitutional.” The decision appears to leave it up to the court to decide how to set up a mechanism for such decisions.

Vance telegraphed her final ruling with a preliminary decision on key issues in the case in December.

On Friday, she cited a 1983 U.S. Supreme Court decision that found the 14th Amendment to the U.S. Constitution bars states from arresting or detaining a defendant solely for failing to pay court costs, without determining if that failure was willful.

For years, the Orleans Parish court’s collections department — and individual judges — routinely issued arrest warrants for people who failed to pay fines and fees assessed after a conviction. Civil rights groups claimed that practice created an “unconstitutional and unjust modern debtors’ prison.”

In response to the legal attack, court officials recalled thousands of arrest warrants issued solely on the basis of unpaid fines or fees, writing off about $1 million in debts in the process.

Other warrants remain in place, such as those involving failure to appear in court or lapsed restitution payments to victims. Vance settled most of the issues from the federal lawsuit in December. But on Thursday, she ruled that her decision applies to a broad class of people: everyone who now owes money from fines and fees, and everyone who will incur those debts in the future.

However, she threw out a separate claim by the plaintiffs, who argued that it is unconstitutional to jail people who fail to pay criminal fines when those who owe fines from civil judgments don’t face the same threat.

Regardless, attorneys for the plaintiffs claimed a big win Friday.

“This is a victory for the people of New Orleans and for those committed to fixing the breaks in the criminal justice system,” said Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law.

“America treats being poor as a crime, disproportionately victimizing people of color. This ruling ensures that people can no longer be thrown in jail in Orleans Parish for their poverty alone.”

Read more: https://www.theadvocate.com/new_orleans/news/courts/article_92c18cda-9754-11e8-8ab4-d326e5f47bbc.html

In the Justice System of South Fulton, GA, Black Women Hold Every Top Position

(Photo: Reginald Duncan / The Atlanta Voice)

by Marshall A. Latimore via theatlantavoice.com

As America waits to see if Georgia will make history by electing Stacey Abrams the first African American woman governor in the country this November, African American women in one of Georgia’s newest cities are already making U.S. history.

Only a year after the creation of the City of South Fulton, Georgia’s fifth largest city, is breaking American barriers.

In January 2018, the city’s Municipal Court began operating and in March 2018 the city’s police services officially began. The city is the first city in American history where every criminal justice department head is an African American woman.

Chief of Police Sheila Rogers is a career law enforcement professional with more than twenty-six years experience.  Chief Rogers is the city’s first police chief and one of a few women police chief around the country.

Chief Judge Tiffany Carter Sellers is a University of Georgia law school graduate and the City’s first chief judge.  Judge Sellers was selected through a panel of experienced judges from the surrounding community.

Judge Sellers hired and appointed the Court Administrator, Lakesiya Cofield, and the City’s first Chief Court Clerk, Ramona Howard.

Also appointed to represent the two equally important components of any criminal justice system were two attorneys, City Solicitor LaDawn “LBJ” Jones, who prosecutes the cases and City Public Defender Viveca Famber Powell, who defends those accused of crimes.

Together these African American women make up all the portions of the criminal justice system in the new city. No other time in American history have black women been appointed to the top position in every department in an entire city’s criminal justice system. This amazing first was not planned. However, it is a testament to the reason the city was founded in the first place – self-reliance and local control that properly represents the community in which they serve.

“Our goal is to ensure justice for everyone,” Sellers said. “However, as African American women we are sensitive to the history of criminal justice in our country.   We want to be an example of how to do things right.”

Under Sellers’s leadership, the demographics of the court are not the only progressive attributes. Incorporated in the foundation of the City of South Fulton’s municipal court policies are details not found in other systems that have existed for years, including guaranteed access to an attorney, a robust diversion program that is infused into the court process, and overall respect for victims and the accused alike.

Source: https://www.theatlantavoice.com/articles/in-the-city-of-south-fultons-justice-system-black-women-hold-all-the-reigns/

Google Pledges $11.5M to Organizations that Fight Racial Bias in Criminal Justice System

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Dr. Phil Goff, co-founder and president of the Center for Policing Equity. (photo via usatoday.com)

article by  via usatoday.com

SAN FRANCISCO — Google is handing out $11.5 million in grants to organizations combating racial disparities in the criminal justice system, double what it has given so far. And, in keeping with a company built on information, the latest wave of grants target organizations that crunch data to pinpoint problems and propose solutions.

“There is significant ambiguity regarding the extent of racial bias in policing and criminal sentencing,” says Justin Steele, principal with Google.org, the Internet giant’s philanthropic arm. “We must find ways to improve the accessibility and usefulness of information.”  Among the organizations receiving funds from Google.org is the Center for Policing Equity, a national research center that collaborates with police departments and the communities they serve to track statistics on law enforcement actions, from police stops to the use of force.

In addition to the grant of $5 million, Google engineers will put their time and skills to work on improving the center’s national database.”It’s hard to measure justice,” says Phillip Atiba Goff, the center’s co-founder and president. “In policing, data are so sparse and they are not shared broadly. The National Justice Database is an attempt to measure justice so that people who want to do the right thing can use that metric to lay out a GPS for getting where we are trying to go. That’s really what we see Google as being a key partner in helping us do.”

Like other major technology companies, Google is trying to address the racial imbalance in the demographics of its workforce. Hispanics make up 3% of Google employees and African Americans 2%. In 2015, Google gave $2.35 million to community organizations in the San Francisco Bay Area tackling systemic racism in America’s criminal justice, prison and educational systems.

Four more grants totaling $3 million followed in 2016, including $1 million to Bryan Stevenson and his nonprofit Equal Justice Initiative to push America to confront its violent racial history including lynchings. The latest round of grants again put Google in the thick of a national conversation on race prompted by the police shooting deaths and mass incarceration of African Americans.

To read full article, go to: Google pledges $11.5M to fight racial bias in policing, sentencing

President Obama Pens 55-Page Article on Criminal Justice Reform in Harvard Law Review

(photo via theroot.com)

article via theroot.com

President Barack Obama returned to his Harvard Law Review roots (he was the first black president of hundred-plus year old journal in his last year at the school) as he penned a 55-page-article on criminal justice reform, how his administration has moved the needle, and how far we have to go.

Entitled “The President’s Role in Advancing Criminal Justice Reform,” the piece appeared in the January 2017 edition of the illustrious book, and according to Harvard magazine, “largely restates the bipartisan case for criminal-justice reform, with an emphasis on mass incarceration’s financial cost.”

Obama did touch on the racial bias in our criminal justice policymaking in the article, writing:

A large body of research finds that, for similar offenses, members of the African American and Hispanic communities are more likely to be stopped, searched, arrested, convicted, and sentenced to harsher penalties. Rates of parental incarceration are two to seven times higher for African American and Hispanic children. Over the past thirty years, the share of African American adults with a past felony conviction—and who have paid their debt to society—has more than tripled, and one in four African American men outside the correctional system now has a felony record. This number is in addition to the one in twenty African American men under correctional supervision…The system of mass incarceration has endured for as long as it has in part because of the school-to-prison pipeline and political opposition to reform that insisted on ‘a stern dose of discipline—more policy, more prisons, more personal responsibility, and an end to welfare.’ Today, however, much of that opposition has receded, replaced by broad agreement that policies put in place in that era are not a good match for the challenges of today.

To read full article, go to: President Obama Pens 55-Page Article on Criminal Justice

Legal Scholar and “The New Jim Crow” Author Michelle Alexander to Receive $250,000 Heinz Award

article via jbhe.com

Michelle Alexander (photo via newjimcrow.com)
Michelle Alexander (photo via newjimcrow.com)

Michelle Alexander, a visiting professor at the Union Theological Seminary in New York City and a senior fellow at the Ford Foundation, has been chosen to receive the Heinz Award in the public policy category. The awards were established by Teresa Heinz in 1993 to honor the memory of her late husband, U.S. Senator John Heinz from Pennsylvania, an heir to the Heinz Ketchup fortune. The Heinz Award comes with a $250,000 prize.

According to the award committee, Professor Alexander is being honored “for her work in drawing national attention to the issues of mass incarceration of African American youth and men in the United States, and for igniting a movement that is inspiring organizations and individuals to take constructive action on criminal justice reform.” She is the author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New Press, 2010).

To read more, go to: https://www.jbhe.com/2016/09/legal-scholar-michelle-alexander-selected-to-receive-a-250000-heinz-award/

United Nations Panel Issues Report Stating U.S. Owes Black People Reparations

Verene Shepherd (right), a member of the United Nations’ Working Group of Experts on People of African Descent, in 2014
Verene Shepherd (right), a member of the United Nations’ Working Group of Experts on People of African Descent, in 2014. (EVERT ELZINGA/AFP/GETTY IMAGES)

article by Monique Judge via theroot.com

Colonial history, a legacy of enslavement and segregation are among the chief reasons reparations are owed to African Americans, according to a report put out by a United Nations group (pdf).

The U.N.’s Working Group of Experts on People of African Descent, which reports to the U.N. High Commissioner on Human Rights, presented its findings to the U.N. Human Rights Council on Monday, the Washington Post reports.

The panel, which visited the U.S. on a fact-finding mission in January, wrote in a statement that it was “extremely concerned about the human rights situation of African Americans,” stating that there has been no real commitment to reparations, truth and reconciliation for people of African descent.

Despite substantial changes since the end of the enforcement of Jim Crow and the fight for civil rights, ideology ensuring the domination of one group over another, continues to negatively impact the civil, political, economic, social and cultural rights of African Americans today. The dangerous ideology of white supremacy inhibits social cohesion amongst the US population.

The panel likened the pattern of police officers killing unarmed black men to lynching, which it referred to as a form of “racial terrorism that has contributed to a legacy of racial inequality that the US must address.”

“Contemporary police killings and the trauma it creates are reminiscent of the racial terror lynching of the past. Impunity for state violence has resulted in the current human rights crisis and must be addressed as a matter of urgency,” the panel wrote.

The panel also noted that African Americans are disproportionately affected by “tough on crime policies,” mass incarceration, and racial bias and disparities in the criminal-justice system.

During this country visit, the experts observed the excessive control and supervision targeting all levels of their life. This control since September 2001, has been reinforced by the introduction of the Patriot Act. We heard testimonies from African Americans based on their experience that people of African descent are treated by the State as a dangerous criminal group and face a presumption of guilt rather than innocence.

The panel laid out recommendations for the U.S. to assist in “its efforts to combat all forms of racism, racial discrimination, Afrophobia, and related intolerance,” which included the “profound need to acknowledge that the transatlantic slave trade was a crime against humanity.”

“Past injustices and crimes against African Americans need to be addressed with reparatory justice,” the panel wrote.

To read more, go to: http://www.theroot.com/articles/news/2016/09/u-n-panel-says-the-u-s-owes-black-people-reparations/

Sandra Bland’s Family Settles Wrongful Death Suit in Texas For $1.9 Million

Newsworthy
(Source: Keith Getter / Getty)

article via theurbandaily.com

The family of Sandra Bland has settled a wrongful death suit with officials in Waller County, Texas, for $1.9 million, reports CNN.

The amount includes payment for Bland’s death as well as several changes to jail procedures, notes the report.  The case became a rallying call in the push for criminal justice reform after the 28-year-old Illinois woman was found dead in a jail cell, three days after she was arrested for failing to use her turn signal in July 2015. Many of the activists argued that she should not have been arrested on a minor traffic infraction or jailed in the first place.

The family’s lawyer, Cannon Lambert, said the final details of the agreement were hammered out on Wednesday night, writes CNN:

Some of the jail procedure changes included in the settlement are:

— Using automated electronic sensors to ensure timely cell checks

— Providing an on-duty staff nurse or emergency medical technician for all shifts

— Providing continuing education for jailer screening

In addition, “the Waller County judge will be seeking passage of state legislation for more funding for local jails regarding intake and booking, screening and other jail support,” the attorney said.

Brian Encinia, the Texas state trooper who arrested her, was “fired after he was indicted on a perjury charge,” notes CNN. And a Waller County jail worker admitted to falsifying log entries showing that he checked on Bland an hour before her death.

Obama Administration to End Federal Use of Private Prisons

A government report found that violent incidents were more common in private prisons. (GETTY IMAGES)

article via bbc.com

The U.S. Justice Department will phase out use of privately owned prisons, citing safety concerns. Contracts with 13 private prisons will be reviewed and allowed to expire over the next five years .”They do not save substantially on costs and … they do not maintain the same level of safety and security,” Deputy Attorney General Sally Yates said explaining the decision.

The majority of US prisoners are held in state-run prisons. On Wall Street, the stocks of private prison companies declined sharply after the news was announced.  By Thursday afternoon, Corrections Corporation of America stock had plunged by nearly 50%.  An Inspector General’s report released this month found that private prisons saw higher rates of violent incidents and rule infractions in comparison with government-run institutions.

Jonathan Burns, a spokesman for the Corrections Corporation of America, told BBC News that the report contained “significant flaws” and that other studies have shown their facilities “to be equal or better with regard to safety and quality”. David Fathi, who directs the National Prison Project for the American Civil Liberties Union (ACLU) told BBC News that the decision could have a trickle-down effect on state and local prisons, where more than 90% of U.S. prisoners are held.

To read more, go to: US to end federal use of private prisons – BBC News