Blog: California - 2012

California Governor Jerry Brown has signed two bills that seek to reform school discipline in California schools.
The first, Assembly Bill 1729, introduces intervening means of behavior correction prior to suspension or expulsion. Such behavior correction could include tiered interventions that occur during the school day, a parent-teacher conference, a restorative justice program, or an after-school program focusing on positive activities and behaviors.
The second, Assembly Bill 2537, clarifies that over-the-counter medication and toy guns in schools do not immediately trigger zero-tolerance penalties. School administrators may still make such a determination, but it is no longer automatic. This permits some degree of case-by-case analysis into an individual student’s behavior and intent.
 
 

First-time juvenile offenders in Humboldt County, California, are sometimes referred not to a judge in a black robe, but to their peers for sentencing. Part of a growing trend to infuse accountability and restorative justice into juvenile justice, teen courts involve teenagers (some volunteers, some performing court-ordered community service) who hear the facts of a case and decide on sentences for their fellow juveniles.
The sentences in these courts can be unique and varied—and often involve the teens’ perceptions of what the juvenile offender must do to make society whole and repair the damage done for his or her crimes.
In Humboldt County, teens sentenced their peers in 341 cases between 2001 and 2012, and only 28 youth were charged with a new crime within a year after their stint in the teen court.

In September 2011, Phoenix House, one of the nation’s leading non-profit providers of substance abuse treatment, received a two-year grant from the Department of Justice to address the issue of youth violence using a curriculum called the West Side Story Project. For the past year, Phoenix House has been working with young adults at six of our program sites to deconstruct cultural stereotypes, build relationships with members of law enforcement, and promote peaceful conflict resolution – using themes and content from the musical West Side Story.
Funded via the Office of Community Oriented Policing Services (COPS), the West Side Story Project got its start in Seattle in 2007, with the goal of increasing the capacity of law enforcement agencies to positively interact with at-risk kids through community partnerships. Phoenix House is fortunate to have had the project’s creator, Anna Laszlo, guiding our implementation of the grant across the country. Our work would not be possible without the participation of police departments in Arlington, Virginia; Dallas, Texas; Los Angeles and Santa Ana, California; and New York City and Suffolk County, New York.

The California Supreme Court issued a landmark ruling last week in People v. Caballero, holding that a term of years sentence that is effectively a defacto life without parole sentence for a juvenile in a non-homicide case violates the U.S. Supreme Court’s 2010 decision in Graham v. Florida. In Graham, the Supreme Court ruled that juveniles convicted of non- homicide offenses could not be sentenced to life without parole under the Eighth Amendment. In its unanimous decision, the California Court wrote: “We must determine here whether a 110-year-to- life sentence imposed on a juvenile convicted of nonhomicide offenses contravenes Graham’s mandate against cruel and unusual punishment under the Eighth Amendment. We conclude it does.”
Rodrigo Caballero was represented by California attorney David Durchfort. Caballero was 16 years old when he opened fire on three teenage boys who were members of a rival gang, injuring one of the teens. Caballero was found guilty on three counts of attempted homicide and was sentenced to a term of 110 years, making him eligible for parole consideration in 2112 – a century from now. “For the first time, a state Supreme Court ruled that very lengthy prison terms for juveniles who did not kill are unconstitutional if the sentence does not afford a meaningful opportunity of release,” said Durchfort. “Rodrigo Caballero’s family is grateful that he will now have that opportunity.”

Editor's note: This story is part of a 10-part investigative series: Lessening the impact of incarceration in Oakland.
Judge Gloria Rhynes leveled with the young Oakland mother whose third grader had missed two months of school.
"Did you know, the California Department of Corrections looks at who is absent in the third grade to figure out how many prison cells they are going to need when those children are adults?" Judge Rhynes, an Alameda County Superior Court judge, asked her as the mother’s case was heard in Truancy Court one morning in early May.
"The correlation is that strong," between missing school in the elementary years and winding up in jail, she said, between not learning third grade skills of reading and multiplication to falling so far behind in middle school that by high school the student drops out, the Judge continued. "I just convicted a 19-year old to 30 years to life. Do you think he had an education? Heck no."
Two out of three kids who drop out of Oakland public schools come into contact with the criminal justice system, according to an Oakland Unified School District report. And the dropout rate is 37 percent among Oakland public high school students. In some of Oakland's poorest neighborhoods, more than half of high school students do not graduate.

Editor's note: This story is part of a 10-part investigative series: Lessening the impact of incarceration in Oakland.
Eunique is a vibrant 18-year-old African-American student at Oakland’s Fremont High whose Dad was incarcerated when she was seven years old.
“I’ll be honest with you,” she said as her broad smile stopped in its tracks. “I didn’t get any help from anybody during all of the years that my Dad was in prison. No one ever asked me how I was doing.”

During the nine years that her Dad was away, Eunique said she felt like an outcast.
“I felt like I was all alone and different than all of the other kids and families,” she said. ”It was awful.”
Studies show stories like Eunique's are the norm.
Teens face unique challenges, according to "Children on the Outside: Voicing the Pain and Costs of Parental Incarceration," a Justice Strategies report published in 2011. Like other children of incarcerated parents, they often face separation from siblings, having to move from place to place and increased poverty. Teens have an increased risk of delinquent behavior and an increased likelihood of school failure along with a sense of stigma and shame that impacts on their sense of who they are in the world.

I really wanted to attend the Homeboy Industries and teen substance abuse interventions panel at JMATE, but didn't make it to the session. So I missed learning about Homeboy Industries' Project STAR program that works with recently released juveniles with a history of the substance abuse. They offer in-house, trauma-informed treatment that is sensitive to the unique needs of formerly gang-involved youth. Mental health services are a central part of the program, as are job trainings and academic and life skills classes.
Started as an alternative to gang violence in Los Angeles, Homeboy Industries trains and hires at-risk, recently released and former gang involved young people with the goals of transforming troubled youth into productive members of their communities. They provide free counseling, education, tattoo removal, substance abuse and addiction assistance, job training and job placement services.
Fast Company has a terrific piece on Homeboy Industries, its founder (Father Gregory Boyle) and the key people in charge of running the nonprofit.
Father Gregory Boyle moved to East Los Angeles 26 years ago, and began walking and biking the neighborhood. He became friendly with the community and even visited gang members in the hospital. And one day, he realized that he could help residents escape the pervasive cycle of violence.

Last month, California's Legislative Analyst's Office (LAO), joined the growing momentum for Governor Brown's juvenile realignment proposal with a report explaining the potential financial incentives. While advocates and pollicy groups continue to call for realignment and the de-incarceration of the juvenile system, it's important to take a step back and hear from the families with children in the system. 

In an interview with Turnstyle News, Sumayyah Waheed, director of the Ella Baker Center's Books Not Bars campaign, explains why the current system is making it difficult for families to stay connected with their kids, which in turn makes it more difficult for the kids to rehabilitate: