Tag Archives: Attorney General

AG Candidate Ted Lieu Calls Out Supreme Court on Nixing Prop. 8 Video

So the U.S. Supreme Court has decided that the revolution will NOT be telvised. Attorney General candidate Ted Lieu (a miliatary prosecutor himself) has a few choice words for them:

“The goal of the American civil justice system is to seek justice. The Supreme Court’s decision to censor the public broadcast of the historic trial to reverse California’s Proposition 8 amounts to a fear of too much justice. Our courts are not star chambers, where testimony and rulings are made in secret and hidden from the public.  

“The Court majority’s rationale that broadcasting this trial will result in “irreparable harm” has no basis in fact.  The Court states that witnesses may suffer harm because they are concerned about possible “harassment” if the public actually found out what they will say under oath. Under that rationale, the Court should seal the transcript of this entire proceeding, not allow any non-witness to attend the proceeding, and block newspapers from reporting on this trial.  

I served on active duty in the armed forces because I believe America is the best country in the world. Members of our armed forces have given their blood to defend our democracy and our constitutional liberties, including freedom of the press, which is perhaps the greatest check on governmental overreach. The Court’s overreach in censoring the broadcast of this trial is something you would expect from the Supreme Court of Iran, not the Supreme Court of the United States.”  

Gov. Schwarzenegger: Don’t privatize CA prisons

(Calitics will promote to the front page a reasonable number of candidate diaries that the Editorial Board believes communicate substantive policy positions of which the Calitics community should be aware – promoted by jsw)

Last week, Governor Schwarzenegger introduced his latest bad idea for solving our state’s budget crisis: privatizing California’s prison system.

Prisons must be managed with public safety, inmate welfare, and rehabilitation as top priorities — not maximizing corporate profits. What’s more, we can’t facilitate the creation of new powerful corporations with the financial incentive to lobby for the imprisonment of more and more residents of our state.

Turning over control of some or all of California’s prisons to private corporations would be a disaster for California — and we can’t let it happen.

So I’ve launched a new petition — on Facebook and also on my campaign website — to spread the word and build opposition to Governor Schwarzenegger’s privatization proposal. I hope you’ll take a minute to join me, urging the governor and your legislators not to privatize California’s prisons.

For six years, we’ve had a governor who failed to manage our prisons — and now he wants to avoid responsibility for the consequences of his mismanagement.

Solving this crisis requires a serious and thoughtful reorganization of the way California manages incarcerations, prisons, and public safety systems in general. To reduce the prison population, we must deter crime and reach young people early, before they begin down the criminal path, channeling them into more productive pursuits.

Please sign my petition to Governor Schwarzenegger and your legislators now (on Facebook here, and on my campaign website here).

Prison and sentencing reform have many complex elements, and one-stop-shop solutions such as privatization are not the answer.

For Governor Schwarzenegger to proclaim that the answer to our failing and costly prison system is to move from public to private management is out of touch with reality.

Thanks so much for standing with me and making your voice heard on this critical issue.

— Chris Kelly, Democratic candidate for California Attorney General

Innovation First: Using Technology to Fight Crime

It’s great to be here blogging with you at Calitics! I look forward to stopping by frequently as my campaign for Attorney General continues over the coming weeks and months.

Today I want to share some news with you — and get your feedback.

In today’s fast-paced environment, California deserves better than ineffective policies that are out of touch with ever-changing technology and fail to keep our communities safe. As the next Attorney General of California, I will apply an innovative, fresh, and tech-savvy approach to fighting crime and protecting the citizens of California.

So this week I’m rolling out my new plan, Innovation First: Using Technology to Fight Crime, which will combat the fiscal, legal, and public safety problems that Californians deal with on a daily basis. This is a call to action. The next Attorney General must be willing to utilize new and innovative tools that reduce crime, keep violent offenders off our streets, protect our children, and provide local law enforcement with the resources they need to fight crime.

Details of my new plan on the flip.

You can learn more about my Innovation First plan here: http://www.kelly2010.com/innovation

For too long, the state of California has thrown more taxpayer money at substandard “public safety” systems that don’t cut it. Violent crime is on the rise and police patrolling our cities streets are dying. Rehabilitation programs intended to re-engage offenders are carelessly monitored and haphazardly organized. This is costing time, money and resources that the state of California can’t afford to expend.

Given my background as a policy advisor to President Bill Clinton, and my experience working with Attorneys General from around the country while serving as Chief Privacy Officer of Facebook, I will be able to quickly implement and utilize new technology and innovative solutions that will reduce crime and make California safer.

My first priority is to make certain that California’s forensic technology is on the cutting-edge and that our regional crime labs and local law enforcement have the necessary tools to deal with complex crime scene investigation and analysis. I will also review training techniques from the California Criminalistics Institute to ensure that essential forensics training programs are made available to the appropriate California law enforcement agencies.

Also, as Attorney General, I will also work towards improving efficiency of our DNA analysis and hold laboratories accountable for performance measures. I will put cost saving measures in place to prevent spending taxpayer money on costly private DNA analysis laboratories.

Second, I will create a standardized crime mapping system across the state of California so local enforcement agencies can work together more effectively and efficiently. This will allow law enforcement agencies to accurately evaluate crime data and better respond to criminal acts in real-time. Additionally, I will work with law enforcement in all 58 counties to form strategic partnerships, including building cross-jurisdictional and regional crime analysis information sharing systems.

As Attorney General, I will conduct an assessment and overhaul of all essential technology upgrades that are necessary for police and sheriffs to effectively combat crime. This will include upgrading databases and outdated computer systems with technologically advanced systems and mapping technologies that highlight criminal hotspots for officers to target.

Third, I will develop and implement an effective Global Positioning Monitoring System that would increase and improve supervision and monitoring of parolees. In the past, the transformation from prisoner to parolee has failed to keep Californians safe.

In particular, the recent Jaycee Dugard case is a tragic example of what can happen when our officers are not held accountable for proper investigation and for monitoring of tracking technology. The California Inspector General’s November 2009 report into the kidnapping, hostage holding and sexual assaults on Jaycee Dugard revealed the systematic failure of California’s parole and probation system.

As Attorney General, I will develop and implement an effective Global Positioning System (GPS) monitoring policy, set training and performance standards for all parole agents and increase accountability for California’s parole and probation enforcement supervisors.



Fourth, as Attorney General I will work with federal, state, and local law enforcement agencies to prevent high-tech Internet fraud and identity theft.
Internet fraud and identity theft are becoming increasingly prevalent in our state. Californians need advanced computer privacy technology and innovative law enforcement to ensure our online safety. Internet fraud and identity theft costs California taxpayers millions of dollars. With the proper allocation of innovative and smart resources, these types of crime can be avoided.

As Facebook’s Chief Privacy Officer, I have first hand experience working with Attorneys General around the country to promote a trusted and safe online experience. In New York, working with Attorney General Andrew Cuomo, I helped craft the Electronic Security and Targeting of Online Predators Act (E-Stop). Under this law, sex offenders who previously had used the internet to commit a crime or who are determined to be a high-risk threat would have their online usage restricted by the state’s parole board, including making it a violation to use unregistered e-mail addresses. This is the first step in updating Megan’s law for the digital age.

Finally, California’s justice system must have up-to-date, efficient computer systems. Tracking criminal activity and maintaining accurate data will improve legal services for Californians while also saving taxpayers millions of dollars. Given our state’s budget crisis, improving computer-based systems is something our state cannot afford to ignore.

It is time for to take the state of California in a new direction, to take a new path. In particular, it’s time to stop judging politicians on a curve, especially when it comes to crime. Crime, coupled with misused resources to fight crime, not only costs lives but also precious resources and money at a time when California is in dire need of economic strength and stability.

I aim to combine my service in government and experience in the private sector to deliver for Californians in this new role, but I can only do so with your help. Please join me at kelly2010.com and at facebook.com/chriskelly to begin the long process of rebuilding our broken state.

To read more about and endorse my Innovation First plan, please visit http://www.kelly2010.com/innovation

And if you have any feedback on my plan, I hope you’ll share it in the comments.

Thanks!

Cross-posted at Huffington Post

Saying No To Tough On Crime, Yes To Sensible Prison Policy That Works

In between budget posts, I’ve lately been in a bit of a tiff with Chris Kelly, an Attorney General candidate and former Chief Privacy Officer at Facebook, over his stale, predictable fearmongering about potential early prison releases.  There are a bunch of other estimable candidates in the Attorney General’s race, one who did himself a ton of good yesterday by leading the fight against the offshore drilling proposal.  So maybe I shouldn’t take too much time on Kelly.  But there’s a short-term policy fight coming up next month to determine how to implement $1.2 billion in cuts to the corrections budget, and with some good activism and common sense we can stare down the Tough on Crime crowd and post a needed victory for sensible criminal justice policies.  Therefore it’s worth looking at Kelly’s latest post:

The prison release plan is supposed to save $1.2 billion, but that’s just accounting trickery. In fact, a Federal Bureau of Justice Statistics study finds that nearly 70% of early-released inmates are rearrested within three years, 20% of them for violent crime. That will mean more than $3 billion in increased costs from crime while causing serious harm to hundreds of thousands of innocent victims.

I’ve spoken to police chiefs, law enforcement groups and civic associations throughout California about the issue, and they’re deeply worried about the crime wave this scheme will unleash. It will be hard enough to make San Jose a safer community in tough economic times without the problems caused by early release.

Obviously, Kelly hasn’t talked to the California Police Chiefs Association, which endorsed the plan as a smart step to begin to move away from the failed prison policies of the last thirty years.  Foremost among these new ideas is the concept of targeting resources – instead of warehousing the terminally ill or blanket strict supervision on everyone released regardless of determining possibility of recidivism, we can put resources into programs that provide opportunity for prisoners to pay their debt to society and move on.  This deal doesn’t do all of that, but it does, for example, put ill and infirm prisoners under home detention or in a care facility, which doesn’t impact public safety and saves money.  It offers incentives for prisoners to complete rehabilitation plans.  It reviews the cases of illegal immigrants in jails instead of just tossing them in the lap of the ICE to deal with, which would actually be the kind of misguided policy Kelly warns against.  And most important, it includes an independent sentencing commission, outside of politics, which can look at our sentencing laws and make recommendations for the legislature to adopt on an up-or-down vote.

Using the buzzword of “early release” of “dangerous prisoners” is an old Tough on Crime ploy from way back, evoking memories of the Willie Horton ad in the 1988 Presidential race.  It’s irresponsible and not relevant to what is being discussed.  We have the perfect Tough on Crime prison policy right now – and it’s not working in every respect, to the extent that federal courts have stepped in to take control of it.  Overcrowded prisons cannot fulfill their core mission of rehabilitating those jailed, and that’s especially true where nonviolent offenders who need medical treatment for addiction and not incarceration are concerned.  Brute force has not worked in making the state safer and has certainly caused our budget to skyrocket.  And the truth is that more sensible policies can save money and create better prisons at the same time.

We need real reform in prison and parole policy, through concentrated resources, community corrections, and maintaining manageable prison capacity for those who really need to be there, and what will get decided in the legislature next month represents an important step.  It can be easily derailed by fearmongering from the likes of Chris Kelly, trying to win an election on the backs of the poor and disenfranchised, on whom such brute-force policies typically rain down.

Over the next month I’ll be looking far more closely at this issue, as it’s the first big battle in regaining control of our state.  And it’s a winnable fight.

Chris Kelly: Tough On Crime FAIL

Far be it from me to agree so aggressively with my friend Steve Maviglio, but he’s absolutely right that Chris Kelly is making a fool out of himself by holding to outdated and dangerous Tough on Crime rhetoric in his campaign for Attorney General.  Kelly, the former Facebook chief privacy officer, has created a Cause called “Protect Our Communities.”  As Maviglio says, George Runner couldn’t have done it better himself:

Do you think the early release of 20,000 convicted felons will solve California’s budget crisis?  I don’t.

Please stand with me:  Click here to join my new “Protect California Communities” cause on Facebook and help me build grassroots opposition to this phony budget plan!

Our state is already more than $26 billion in debt and issuing hundreds of millions more in IOUs every week.

We need innovative solutions to get out of this mess. But a plan by Governor Schwarzenegger and some in the Legislature to early release nearly 20,000 felons from state prison is not one of them.

I’m all for prison reform — but this is surrender, not reform. Even if it would save us money — which it won’t — putting thousands of dangerous criminals back on the streets is a risk that California should never take.

Please stand with me: Click here to join my new “Protect California Communities” cause on Facebook and help me build grassroots opposition to this phony budget plan!

“Dangerous criminals” back on the streets include the terminally ill, nonviolent drug offenders and people returned to prison for the crime of technical parole violations, which eats up about 2/3 of total incarcerations in California in any given year.  This is the kind of absurd rhetoric that has our prisons full to bursting, that has created 1,000 sentencing laws passed by the Legislature in the past 30 years, ALL OF THEM increasing sentences, that has turned our parole policy and prison health care systems into a national joke and a federal crime, that has cost the state billions in overtime for prison guards and overall system costs, that has scared the public into passing really dangerous, pernicious laws like three strikes, that has nearly busted our Treasury, destroyed our corrections system and eliminated any possibility for rehabilitation.  

The Attorney General position can be one of leadership in producing alternatives to our prison crisis.  Kelly has forfeited any ability to call himself a leader by playing to the least common denominator.  He can go back now to devising schemes to strip privacy on social networking sites.

CA-AG: Kamala Harris Gets Dragged Through the Mud for Doing Her Job

SF District Attorney has her fair share of supporters and some who are a bit “frustrated,” with her tenure in the DA gig.  

Say what you will about her, but Harris has done more to create innovative programs and solution to both our crime problems and our prison crisis than all but a handful of DAs nationwide. In a state with a repeat offender rate of about 70%, substantially above the national recidivism rate, we should be looking for new ways to treat crime.  Rather than simply packing more people in jail until they get out, and almost inevitably end up back in the criminal justice system, we should attempt to find ways to reintegrate people into the

For example, take the Back on Track program, a program with rather astounding results.  From an AG press release:

Back on Track has lowered recidivism rates among the participating drug offenders to less than 10 percent as compared to statewide recidivism rates of more than 50 percent among the same population. All of the nearly 100 current participants are employed and/or in school, and 90 percent of participants with child support obligations are in good standing and making their required payments. Defendants are not eligible if they have histories of gang involvement, gun possession or violence.

Those are really good statistics, and we should be applauding this data.  But, as with any program in this population, there are going to be people who go astray from the program. The LA Times found such a story yesterday (which was then dutifully rewritten by the Chronicle) about an unfortunate victim of a mugging in San Francisco.

A stranger, later identified as Alexander Izaguirre, snatched her purse and hopped into an SUV, police say. The driver sped forward to run Kiefer down. Terrified, she leaped onto the hood and saw Izaguirre and the driver laughing. The driver slammed on the brakes, propelling Kiefer to the pavement. Her skull fractured. Blood oozed from her ear.

Only after the July 2008 attack did Kiefer learn of the crime’s political ramifications. Izaguirre, police told her, was an illegal immigrant who had pleaded guilty four months earlier to a drug felony for selling cocaine in the seedy Tenderloin area.

He had avoided prison when he was picked for a jobs program run by San Francisco Dist. Atty. Kamala Harris, now a candidate for California’s top law enforcement post. In effect, Harris’ office had been allowing Izaguirre and other illegal immigrants to stay out of prison by training them for jobs they cannot legally hold.(LAT 6/22/09)

Is this unfortunate? Yes, certainly. Is it a reason to shut down the Back on Track Program? Definitely not.  

Izaguirre is an interesting case because he is an undocumented immigrant.  So, there is a touch of nativism, and “ship them out of here” to this case.  Now, it is an outstanding question as to whether he should have been deported. There is a real case for that.  However, it should not be the duty of local law enforcement to enforce immigration laws.  In theory, that is what ICE should be doing.  

You could make an argument that there be some reporting system of felonies to ICE,but that is a question of federal, not local law.  And bringing up this seperate question in the context of Back On Track preys on the fears of the public without actually helping the problem.  

Let’s try this thought experiment: In Oakland, a parolee murdered two sisters in their hotel room. Is that a tragedy? Absolutely, but we cannot simply use that tragedy as an excuse to end all parole.

In our society, and pretty much every modern society, we have chosen to live with a low level of crime.  I know, I know, we aren’t supposed to say that, but it’s the price of living in a society with civil rights.  If we didn’t mind police cameras in our living rooms, we could probably reduce crime substantially, but then we are living under the watchful eye of Big Brother. We’ve opted to keep Big Brother shackled in most areas of our lives, and so we must deal with the occasional crime.

Kamala Harris may not be perfect, after all she is a politician.  However, this program is a valuable attempt to cut the ToughOnCrimeTM crap that Republicans like George Runner are peddling. In fact, Tom Harman, a Republican state Senator from the OC who is also running for AG, even got a link to his press release on the front page of the Chronicle’s SFGate.com site. (A quick note to the Chronicle’s web people and really everybody else: PR “Newswire” is just a stream of press releases. Linking to it as a “newswire” is rather deceptive.)

We need to address the really serious questions in our criminal justice system, and providing successful rehabilitation programs is a win-win-win. It’s good for the offender, it’s good for the state as it is cheaper, and it is good for the public safety.  There will be failures in all of these programs, but they will always get outsized coverage. I guess the successful rehabilitation of a drug dealer doesn’t make for as interesting of a story. But the success stories are extremely important for the future of our state.

Smart on Crime: Good for Public Safety, Good for Budgets

(I want to welcome SF’s District Attorney Kamala Harris. – promoted by Brian Leubitz)

States across our country are facing budget deficits. California is projected to begin next fiscal year with a deficit of nearly 25 billion dollars, equaling one fourth of the state’s entire general fund. Over 10 billion of that general fund supports corrections and law enforcement. In this fiscal crisis, there is no denying the facts: tough budget times are here for public safety agencies. As the District Attorney for the City and County of San Francisco, I am personally familiar with the difficult circumstances we face. Without a significant shift in local and state practices, we can predict that shrinking law enforcement and corrections funding will result in higher crime rates, less support for victims, and fewer offenders being held accountable. If ever there was a time to think outside the box and break with the failed approaches of the past, the time is now. We need to do something different.

In San Francisco, I have developed a smart on crime approach: we must be tough on serious and violent offenders while we get just as tough on the root causes of crime. In my office, we have raised felony conviction rates and sent more violent offenders to state prison, at the same time we have launched innovative, cost effective approaches to reduce recidivism, truancy, and childhood trauma. With a genuine investment in breaking cycles of crime, we can improve public safety at the same time that we save precious public resources.

EDIT by Brian: See the flip

Reentry: Why it Matters to Law Enforcement

Over the last thirty years, our prison population has soared. In 1980, California had a prison population of about 24,000 in a state of 24 million. Today we have an inmate population of 172,000 out of 36 million people. This means that since 1980, our population has grown by 50 % while our prison population has grown 617%.

Today, the majority of those inmates are not first-time offenders. Each year, approximately 70 percent of those released from California prisons commit another offense, resulting in the highest recidivism rate in the nation. These repeat offenses are preventable crimes that claim more victims and harm communities’ quality of life. It costs an estimated $10,000 to prosecute just one felony case, and about $47,000 per year to house just one inmate in prison. Every time an inmate is released and commits a new crime, local and state jurisdictions pay those costs over and over again.  To keep our communities safe and use public money wisely, we must ensure that people coming out of the criminal justice system become productive citizens and stay out.

Four years ago my office pioneered a model reentry initiative called "Back on Track" to reduce recidivism among nonviolent offenders. Back on Track combines accountability with opportunity to ensure that first-time nonviolent drug offenders are held accountable, stop committing crime and become self-sufficient. In Back on Track, offenders plead guilty and commit to strict court supervision as they complete an intensive personal responsibility program. They get trained for a job, go back to school, get current with child support, enroll in parenting classes, and become positive contributors in their communities. The program encompasses swift sanctions for making bad choices and clear incentives for good ones. As a result, less than 10 percent of Back on Track graduates have re-offended compared to a 54 percent recidivism rate statewide for the same population of offenders. We have achieved this success at a fraction of the cost of traditional corrections approaches. Back on Track costs about $5,000 annually per participant, compared to $35,000 to 47,000 for jail or prison.

To graduate, Back on Track participants must be employed or in school. The program has been selected as a national model by the National District Attorney’s Association and at least two jurisdictions have replicated the initiative. Back on Track demonstrates that preventing recidivism is both viable and cost-effective.

Truancy: Keeping Children in School Means Keeping Our Streets Safe

In 2007, after another year of high homicide rates in San Francisco, I asked my staff to review the victims’ histories to assess trends. We found that over the prior four years, 94% of homicide victims under the age of 25 were high school drop outs. We then reviewed SF public schools data and found that over 5,000 students were habitually or chronically truant each year, and nearly half of those kids were in elementary school. These are the kids on route to becoming high school drop outs.

In response, I joined with the San Francisco Unified School District to launch a citywide truancy initiative focused on getting elementary and middle school kids back in school. As the city’s chief prosecutor, I sent every parent in the district a letter explaining that I was prepared to prosecute parents if they broke the law by keeping their children out of school. I was surprised to discover that many parents didn’t know that California law makes education mandatory for children under the age of 18. Thousands of parents attended informational meetings on truancy after receiving the letter, and we fielded hundreds of calls from parents who had questions or needed help.

We also held face-to-face "D.A. Mediation" meetings with over 2,000 parents. Suddenly, the principals didn’t need to work so hard to convince parents to take seriously the consequences of keeping their child from school because a prosecutor was in the room. Through these mediations, we met parents in need of help to get their kids in school. One mother of three, for example, was homeless and holding down two jobs. We connected her to services so she could do what she wanted to do – be a good mother and put her children in school.

Mediations resulted in significant progress for most of the parents. Still, some continued to fail. In these cases, my office filed criminal charges. The children of these parents, some as young as six years old, had missed as many as 80 days of school out of a 180 day school year. Once we filed criminal charges, things started to change. Those parents report to a Truancy Court that combines consequences and support services to make sure that parents get their children in school.

Since we started this initiative, truancy rates for elementary school kids in San Francisco have dropped by 23 percent. And it did not take millions of dollars, bureaucratic red tape, or a decade to see results. It only took genuine commitment and a willingness to shake up the status quo.

What starts out as chronic truancy makes a child far more likely to end up dropping out of school, becoming a victim, or getting arrested. Taking swift corrective action now will reduce the likelihood of harmful and costly consequences later.

Childhood Trauma: Breaking the Silence to Help Children and Youth  

Last year in San Francisco, a teenage boy was gunned down while waiting outside a school for a ride. His senseless murder was witnessed by dozens of young students who were outside at the time. Months later, many of these youth had not accessed mental health support to recover from what they saw. Worse still, for some, it was likely not the first time they had witnessed violence. Some young people come from homes where violence is the norm, while others see violence in their neighborhoods far too frequently. The impact of repeated exposure to violence on children is enormous: they can’t concentrate in school, they’re detached, or they act-up and misbehave.

Like soldiers at war, children are highly likely to suffer from trauma from repeated exposure to violence. And like soldiers coming home, they often suffer from Post Traumatic Stress Disorder (PTSD). Unfortunately, many of these children go undiagnosed or are misdiagnosed and thereby not treated appropriately. Worse still, children repeatedly traumatized by violence at an early age are more likely to fall through the cracks and become either victims or perpetrators of violence later in life.

Studies have shown that up to 35 percent of children and youth exposed to community violence develop PTSD. Exposure to community violence affects everything from a child’s sleep, to their school success, to the physical development of their brains.

In the District Attorney’s Office, we often see the needs of children from distressed families or neighborhoods go untreated. To address these unmet needs, last year we joined with California State Senator Mark Leno to craft ground-breaking legislation to provide funding for mental health counseling for traumatized children and youth. Signed into law last year, our bill allows children who witness community violence to access up to $5,000 for therapy and mental health support.

When we look at children growing up in tough environments, we need to see them through a prism instead of a plate glass window. Left unaddressed, their complex and difficult surroundings can overwhelm their minds and harm their chances for future success. If we can recognize their needs and get timely help, we can substantially increase life prospects for these children before it’s too late.

What Needs to Happen Can Happen

These are just a few examples of what can be done to improve public safety and break the cycle of crime. Being smart on crime requires changing our thinking. Albert Einstein once said, "The significant problems we face cannot be solved at the same level of thinking we were at when we created them." The State of California is at an economic crossroads that demands new approaches. I am confident that we can meet that demand through a long-term strategy of responsive, preventative and evidence-based "smart on crime" approaches, thereby ensuring a better and safer future for all of us.

This post was initially published at ACSblog: http://www.acslaw.org/node/13582

Will Our Attorney General Candidates Get The Prison Crisis?

Today, Chief Privacy Officer at Facebook Chris Kelly announced an exploratory committee for the race for California Attorney General.  He joins a field that includes Assemblymembers Ted Lieu, Pedro Nava and Alberto Torrico; San Francisco DA Kamala Harris, and Los Angeles City Attorney Rocky Delgadillo.  In his statement, which you can find at his website, Kelly talked about efficienct and effective government, Internet safety, proper training and equipment for law enforcement, and stopping trafficking.  The words “prisons,” “jails,” “corrections” or “parole” was not mentioned.

Our prison system is a mess.  We have the highest recidivism rate in the country, mostly because 2/3 of our prisoners returning to jail go there because of technical violations of their parole.  This turns jails into giant holding pens instead of areas for rehabilitation and treatment, as well as colleges for nonviolent offenders on how to get involved in violent crime.  The overstuffed prisons cost more money to staff and service as they become more dangerous, leading to the state spending more on incarceration than higher education.  Despite all this spending, conditions in the prisons are medieval, with the ACLU proposing the closure of the LA County Men’s Central Jail.  Prison officials are discussing release of 8,000 nonviolent and terminally ill offenders, but that’s a drop in the bucket.  We also have denied prisoners their Constitutional right to health care, and have a federal receiver now remedying that situation, taking it out of the hands of the legislature.  The “tough on crime” mantra that has ruled the thinking of both parties on this issue has utterly and completely failed.

And yet, our Attorney General candidates and our gubernatorial candidates view this absolute crisis as just another check on their list, instead of the serious problem it is.  Gavin Newsom didn’t bring it up in his speech, though I did ask him about it in the blogger meeting afterwards.  He talked about how we need a re-entry strategy better than the failed parole system, and cited some re-entry reforms in San Francisco that have helped matters.  And he stated that having the courts step in to fix the problem presents an opportunity for real reform.  With respect to the drug war, which lies at the heart of this, he expressed his support for drug courts and mental health courts and the kind of options that wouldn’t consign nonviolent offenders to the rigors of overcrowded prison life when they need medical treatment.  And he vowed to have more detailed programs available soon.  But when it counted, on stage, he said nothing.  Jerry Brown did tackle the issue, but his non-stop fight against the prison health care receiver and sensible steps like Prop. 5 destroy any credibility he may have had on the issue.

I have appreciated Greg Lucas’ interviews with some of the candidates in the Attorney General’s race, and I have paid particular attention to their views on the prison crisis.  (over)

Here are Alberto Torrico’s ideas to deal with recidivism:

CC: What’s the best way to reduce recidivism?

AT: First, we need to evaluate. See what programs work and don’t work. We’ve got to figure out what we’re going to do about these parolees. Put all these people out and then there’s too many parolees and too few parole officers. We can’t continue to pretend our prisons are drug rehab centers because they’re not. We need to get resources to people who can be helped and make sure when they’re tried at the local level they get put into programs that work.

I’ve been a criminal defense lawyer. I’ve been a labor lawyer. I represented a public agency. The judge tells people under Prop 36 (drug rehab law) that you’re not going to jail, you’re going to get counseling once a week for 12 weeks. You’re not going to beat an addition one hour a week over 12 weeks.

He seems earnest about lowering the recidivism rate as a financial and moral imperative, and these ideas are somewhat noble, but they read like bullet points, without the innovation necessary to really deal with this crisis.  It’s not just about hoping the locals solve the problem, but a strategy that focuses on rehabilitation, re-entry and alternatives to prison right at the top.

Here’s Ted Lieu on the same subject:

CC: Not sure how much it costs but it has to be expensive when we parole 120,000 people a year and within two years over 70 percent are back in prison.

TL: It is a sort of downward spiraling problem. Because we have a prison-overcrowding situation we now aren’t doing any of the skills training in prison programs that teach people how to function in society when they leave prison. And then people come back to prison because they have nowhere to go and that increases the over-crowding.

I’m a big supporter of drug courts. If someone is addicted, they should get treated. When revenues are falling off a cliff its extremely difficult to fund the programs we need to help people when they get out of prison. Long-term view is that yes it costs some money now but in the long-term it would help the state save money.

If an inmate works toward a degree then they should get early release credits as an incentive to do such things. Part of the problem – and this is a much larger fix – is I think I we also need to improve our education system. If we did, we’d have less people in prison as well.

I just see a lot of people talking around the problem.  I support drug courts as well, but I think there’s a mindset change that’s needed.  The Attorney General at this point is in a position to transform the entire way we think about prisons and rehabilitation.  Rocky Delgadillo gets closer to that.

CC: Speaking of costs, recidivism is very expensive. Something like 120,000 people are paroled each year and 70 percent are back behind bars within two years.

RD: We’ve got to get on the front end. One thing we know about gang members and people who have been in prison is they tend to have a shelf life it tends to end. But if they’re young and active and they go out they do it again. Why? Because in prison they get to hang out with the best in their business. And we pay for it. Great health care plan. So when they get out, they go back to it again. So the answer is to send less in.

We have a program called “First Chance.” I grew up in Northeast Los Angeles. People would say they’ll give you a second chance. You can’t have a second chance until you have a first chance. This is a program for young, but adults who get into our system. Not where they’ve done a serious crime but we know they’re involved with gangs or negative activity. We allow them to go to job training and school and if they complete it, we drop the charges. It’s a much better investment up front then to try and deal with them after they’ve been in prisons. In there, it’s an abyss.

Finally, here’s Kamala Harris, who actually pre-empts the discussion by raising recidivism without being asked:

CC: What role can the Attorney General play in the state’s seemingly endless budget mess?

KH: First, critically examine how the criminal justice system is working and whether we are being most efficient with limited dollars. Here’s an obvious example: Recidivism. California has the highest recidivism rate in the country. On an annual basis we release more than 120,000 prisoners and within two years of their release 71 percent recidivate. That’s costing us a lot of money.

In San Francisco, we created a re-entry initiative in my office. Its called “Back on Track.” It’s for low-level, first-time, non-violent offenders. I brought on my friends from labor – the building trades guys – friends from the business community, non-profits, and we give the parolees job skills development, education and help them meet things like parenting needs. A lot of these young offenders are parents. We reduced recidivism for this specific population from 54 percent to less than 10 percent. The national DA’s association has designated “Back on Track” as a national model.

My vote in this crowded Attorney General’s field will be almost entirely predicated on each candidate’s approach to the prison crisis.  Will they reverse the “tough on crime” myth and start talking about sentencing reform?  Will they discuss serious options to reform parole?  Will they bring up innovative strategies around re-entry and recidivism that would put the focus on rehabilitation and spend on the front end to save on the back end (Hint: check with Kansas)?  Will they touch the third rail of the failed drug war by moving toward decriminalization and keeping tabs on those who commit crimes with victims instead of nonviolent drug abuse?

I eagerly await the answers.

CA-AG: Ted Lieu files for Attorney General

Friend of Calitics Ted Lieu has shown a lot of leadership during the housing crisis, attempting time and again to hold the mortgage brokers responsible and get sensible legislation passed that protects homeowners.  It’s been his signature issue the past two years.  Now he’s going to run for Attorney General.

Democratic Assemblyman Ted Lieu, D-Torrance, filed paperwork this week to run for attorney general in 2010.

Lieu is the third Democrat to make the move, following San Francisco District Attorney Kamala Harris, who announced she was exploring a run in mid-November, and former Assemblyman Joe Canciamilla, who filed in July.

Harris and Lieu and Canciamilla can answer one question for me that would help me in my decision for 2010.  Do they feel they can keep stonewalling the Federal Prison Receiver, as Jerry Brown has, and refusing to comply with providing prisoners an environment that doesn’t violate their Constitutional rights, or do they feel that the failure in leadership over 30 years of wrong-way sentencing and “tough on crime” nonsense needs to be stopped.  Solving the prison crisis ought to be the foremost issue for the state’s top cop.

Bill Richardson: Vote “No” on Torture and Mukasey

Water-boarding is term that describes strapping an individual to a board, with a towel pulled tightly across his face, and pouring water on him or her to cut off air and simulate drowning. 

When asked directly last week whether he thought waterboarding is constitutional, Attorney General nominee Michael Mukasey was evasive.  As noted by NPR, Mukasey “danced around the issue of whether waterboarding actually is torture and stopped short of saying that it is.” “If it amounts to torture,” Mukasey said carefully, “then it is not constitutional.”

As stated by Bill Richardson,

Waterboarding is torture, and anyone who is unwilling to identify it as such is not qualified to be the chief legal officer of the United States of America. If I were in the U.S. Senate, I would vote against Mukasey unless he denounces such specific forms of torture.

What about the Democrats in the U.S. Senate and other Democratic Presidential candidates?  Will they oppose Mukasey unless he denounces the use of torture by our government?

John Hutson, former judge advocate general of the Navy said last week after Judge Mukasey’s confirmation hearing , “Waterboarding was devised in the Spanish Inquisition. Next to the rack and thumbscrews, it’s the most iconic example of torture.”

The Bush Administration seems to believe that when anyone else does it, it’s torture, but when the U.S. does it, waterboarding  is acceptable.  Rudy Giuliani holds the same view

During his confirmation hearings, when asked about waterboarding, Jonathan Turley, a law professor at George Washington University, wrote:

Michael Mukasey suddenly seemed to morph into his predecessor, Alberto R. Gonzales — beginning with a series of openly evasive answers that ultimately led to what appeared to be a lie. At first, he repeatedly stated that he does not support torture, which violates the U.S. Constitution. This is precisely the answer given so often by President Bush like a mantra. The problem is that Bush defines torture to exclude things like water-boarding. It is like saying you do not rob banks, but then defining bank robbery in such a way that it does not include walking in with a gun and demanding money from the cashier.

The senators pushed Mukasey to go beyond the Bush administration mantra. He refused and then said something that made many of us who were listening gasp: “I don’t know what is involved in the technique,” he said.

In an editorial published this week, the Los Angeles Times states:

Michael B. Mukasey, who once seemed headed to confirmation as attorney general by acclamation, may now be facing a narrower and more contentious vote. That’s the price the retired federal judge from New York will have to pay unless he reconsiders some evasive testimony about torture.

. . .As the 10 Democrats on the Judiciary Committee noted in a letter to the nominee, water-boarding “has been the subject of much public discussion.” What isn’t clear is whether the CIA reserves the right to resort to that appalling practice to elicit information, reliable or otherwise, from suspected terrorists.

. . .Mukasey owes the Senate, and the country, an unambiguous commitment to upholding the Geneva Convention’s ban on “outrages upon personal dignity, in particular humiliating and degrading treatment.” The question to him is whether Americans — in any service, for any reason — should be allowed to engage in water-boarding. The only acceptable answer is no.

As noted by Professor Turley, there are only two explanations for Mukasey’s evasion:  either Mukasey is the most ill-informed nominee in the history of this republic or, the more likely explanation: Mukasey is lying.

Where do our Senate Democrats and Presidential candidates stand on torture?  That is what the vote on Mukasey has become.

The candidate I’m supporting for President, Bill Richardson, stated on October 19th:

“Waterboarding is torture, and anyone who is unwilling to identify it as such is not qualified to be the chief legal officer of the United States of America. If I were in the U.S. Senate, I would vote against Mukasey unless he denounces such specific forms of torture.

“Torture does not work. Mistreatment backfires and destroys our international leadership, as we saw with Abu Ghraib. Torture also endangers our own troops. The standards we adopt may well be what our own troops are subjected to.

“Anytime one makes a person think he or she is being executed, the very nature of waterboarding, it obviously is a violation of the U.S. Constitution, international law, and basic human decency.

“ABC News has described waterboarding as follows: ‘The prisoner is bound to an inclined board, feet raised and head slightly below the feet. Cellophane is wrapped over the prisoner’s face, and water is poured over him. Unavoidably, the gag reflex kicks in, and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt.’

“If another nation engaged in waterboarding against American citizens, we would denounce that country and call the practice barbaric, and rightly so.

“We must stand against torture without equivocation, without compromise, and without exception. Torture is a violation of everything we stand for as Americans and as human beings.”

Supporters of Clinton, Obama, Edwards, Dodd, Biden and other the candidates – where does your candidate stand on the confirmation of Mukasey?

Let’s rally together and call on all Democrats in the Senate to vote “no” on torture and Mukasey.