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"content": "\u003cp>As the state prepares to close its youth prisons, workers for the Division of Juvenile Justice could receive up to $50,000 bonuses to stay on the job until then, CalMatters has learned.\u003c/p>\n\u003cp>If approved, the bonus appears to be among the largest offered by the state to retain a group of employees.\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration and at least six unions are negotiating the pay bumps, hoping the large incentives will keep the youth facilities staffed until their June 30, 2023, closures.\u003c/p>\n\u003cp>Since Newsom \u003ca href=\"https://calmatters.org/justice/2020/10/justice-newsom-juvenile-offenders-counties/\">announced closure plans\u003c/a>, employees have started leaving the division for new jobs, fueling a worker shortage.\u003c/p>\n\u003cp>Under a \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/03/DJJ_PayDifferential_BLyons_20220309.pdf\">draft plan obtained by CalMatters\u003c/a>, direct care employees — youth prison guards, plumbers, teachers and chaplains — are among the hundreds of Division of Juvenile Justice employees who would receive up to $50,000 in additional pay. Nondirect care employees, who mostly work for headquarters in Sacramento — deputy directors, executive assistants and nursing consultants, for instance — could receive up to $25,000.\u003c/p>\n\u003cp>Past retention bonuses for state prison workers have typically hovered between $2,400 and $5,000, according to documents on the California Department of Human Resources’ website.[pullquote size=\"medium\" align=\"right\" citation=\"Mike Sicilia, spokesperson, Division of Juvenile Justice\"]‘Recruitment and retention efforts aim to retain our valued staff to ensure our facilities are properly operating, and that DJJ is able to continue giving the youth in our charge the best education and rehabilitative opportunities before the planned closure next year.’[/pullquote]\u003c/p>\n\u003cp>“Negotiations are still active on this topic, we do not comment on active labor negotiations,” wrote CalHR spokesperson Camille Travis in an email response to CalMatters. “Once the negotiations are completed, the agreements will be posted to the CalHR website.”\u003c/p>\n\u003cp>According to the State Controller’s Office, 775 people worked at youth facilities as of Jan. 31, 2022. If all of them qualify for the full lump sum, it could cost California more than $38 million. By law, if the agreement is more than $1 million in net costs, the Legislature would have to approve it.\u003c/p>\n\u003cp>All the unions representing youth corrections employees in the bonus negotiations donated to stop Newsom from being recalled in last year’s election. The largest contributor was the California Correctional Peace Officers Association, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1302403&session=2021&view=contributions\">which gave $1.75 million\u003c/a>, according to the Secretary of State’s website.\u003c/p>\n\u003cp>The governor’s office did not respond Wednesday to a request for comment, with a spokesperson citing ongoing negotiations.\u003c/p>\n\u003cp>This is the second time in two years the state has proposed bonuses for juvenile justice employees. Last year, the state offered a limited group of employees $5,000 annually, \u003ca href=\"https://www.calhr.ca.gov/Pay%20Differentials%20Library/Pay_Differential_451.pdf#search=Retention%20Incentive\">which totaled $12,500\u003c/a> if employees stuck around. The new proposal would sweeten the deal, extending the bonuses to more Division of Juvenile Justice workers and quadrupling the maximum amount.[aside postID=\"news_11879759,forum_2010101882283,news_11840465\" label=\"Related Posts\"]The taxable bonuses would be prorated, according to the draft agreement.\u003c/p>\n\u003cp>The Division of Juvenile Justice employees would be eligible for all or part of the proposed bonuses, said agency spokesperson Mike Sicilia in an email to CalMatters.\u003c/p>\n\u003cp>“Recruitment and retention efforts aim to retain our valued staff to ensure our facilities are properly operating, and that DJJ is able to continue giving the youth in our charge the best education and rehabilitative opportunities before the planned closure next year,” wrote Sicilia.\u003c/p>\n\u003cp>According to the \u003ca href=\"https://www.dof.ca.gov/budget/Historical_Budget_Publications/2022-23/salaries_wages_supplement/documents/DCR.pdf\">Department of Finance\u003c/a>, the state has about 1,000 permanent positions authorized among the four juvenile institutions. Roughly 23% of those positions are vacant, according to a CalMatters analysis of the budget report and data from the Controller’s Office.\u003c/p>\n\u003cp>N.A. Chaderjian and O.H. Close Youth Correctional Facilities, both in Stockton, have the highest vacancy rates, around 26%. In addition, about 20% of budgeted permanent positions at Pine Grove Youth Conservation Camp and Ventura Youth Correctional Facility are unfilled.\u003c/p>\n\u003cp>Contracts with correctional unions are often controversial for their costs. Last year, amid the pandemic, the California Correctional Peace Officers Association negotiated a new contract that faced criticism from the Legislative Analyst’s Office, California’s nonpartisan budget and policy experts.\u003c/p>\n\u003cp>The office dinged the administration for increasing prison guards’ compensations “without clear justification.” In addition, they noted that the large contract did not address one of the biggest changes facing the Department of Corrections and Rehabilitation: \u003ca href=\"https://lao.ca.gov/Publications/Report/4446#unit-6-corrections\">impending adult and youth prison closures\u003c/a>.\u003c/p>\n\u003cp>“Depending on how and when the DJJ facilities close, employees could be affected directly, either through relocation to other assignments … or through job loss,” the analyst’s office wrote last year.\u003c/p>\n\u003cp>“There could be various issues related to the closure of DJJ … that could be topics at the bargaining table. The new agreement does not appear to contain any provisions related to these issues.”\u003c/p>\n\u003cp>After the analysis, the Legislature \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB159\">overwhelmingly approved\u003c/a> the new contract between the state and the union.\u003c/p>\n\u003cp>Now, the Legislature may have to decide on another financial package for youth prison employees.\u003c/p>\n\u003cp>The division spokesperson would not say how many staffers would be laid off during the transition. But according to its website, the division is trying to place \u003ca href=\"https://www.cdcr.ca.gov/djj-realignment/memorandum-on-realignment-january-7-2021/\">juvenile prison employees in other jobs\u003c/a> inside the department.\u003c/p>\n\u003cp>The state is negotiating the final agreement.\u003c/p>\n\u003cp>California has offered significant incentives in the past to keep state workers from leaving.\u003c/p>\n\u003cp>In 2003, prison psychiatrists and doctors \u003ca href=\"https://www.sfgate.com/news/article/M-D-s-judges-highest-paid-state-workers-2644201.php\">received an “extra $2,200 a month\u003c/a> as a recruitment and retention bonus,” according to a San Francisco Chronicle story. More recently, in 2020, \u003ca href=\"https://www.calhr.ca.gov/Pay%20Differentials%20Library/Pay_Differential_442.pdf\">nurses for the School for the Blind and School for the Deaf\u003c/a> were approved for a monthly bonus of 5% of their normal salary, up to $589.55.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As the state prepares to close its youth prisons, workers for the Division of Juvenile Justice could receive up to $50,000 bonuses to stay on the job until then, CalMatters has learned.\u003c/p>\n\u003cp>If approved, the bonus appears to be among the largest offered by the state to retain a group of employees.\u003c/p>\n\u003cp>Gov. Gavin Newsom’s administration and at least six unions are negotiating the pay bumps, hoping the large incentives will keep the youth facilities staffed until their June 30, 2023, closures.\u003c/p>\n\u003cp>Since Newsom \u003ca href=\"https://calmatters.org/justice/2020/10/justice-newsom-juvenile-offenders-counties/\">announced closure plans\u003c/a>, employees have started leaving the division for new jobs, fueling a worker shortage.\u003c/p>\n\u003cp>Under a \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/03/DJJ_PayDifferential_BLyons_20220309.pdf\">draft plan obtained by CalMatters\u003c/a>, direct care employees — youth prison guards, plumbers, teachers and chaplains — are among the hundreds of Division of Juvenile Justice employees who would receive up to $50,000 in additional pay. Nondirect care employees, who mostly work for headquarters in Sacramento — deputy directors, executive assistants and nursing consultants, for instance — could receive up to $25,000.\u003c/p>\n\u003cp>Past retention bonuses for state prison workers have typically hovered between $2,400 and $5,000, according to documents on the California Department of Human Resources’ website.\u003c/p>\u003c/div>",
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"content": "‘Recruitment and retention efforts aim to retain our valued staff to ensure our facilities are properly operating, and that DJJ is able to continue giving the youth in our charge the best education and rehabilitative opportunities before the planned closure next year.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Negotiations are still active on this topic, we do not comment on active labor negotiations,” wrote CalHR spokesperson Camille Travis in an email response to CalMatters. “Once the negotiations are completed, the agreements will be posted to the CalHR website.”\u003c/p>\n\u003cp>According to the State Controller’s Office, 775 people worked at youth facilities as of Jan. 31, 2022. If all of them qualify for the full lump sum, it could cost California more than $38 million. By law, if the agreement is more than $1 million in net costs, the Legislature would have to approve it.\u003c/p>\n\u003cp>All the unions representing youth corrections employees in the bonus negotiations donated to stop Newsom from being recalled in last year’s election. The largest contributor was the California Correctional Peace Officers Association, \u003ca href=\"https://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1302403&session=2021&view=contributions\">which gave $1.75 million\u003c/a>, according to the Secretary of State’s website.\u003c/p>\n\u003cp>The governor’s office did not respond Wednesday to a request for comment, with a spokesperson citing ongoing negotiations.\u003c/p>\n\u003cp>This is the second time in two years the state has proposed bonuses for juvenile justice employees. Last year, the state offered a limited group of employees $5,000 annually, \u003ca href=\"https://www.calhr.ca.gov/Pay%20Differentials%20Library/Pay_Differential_451.pdf#search=Retention%20Incentive\">which totaled $12,500\u003c/a> if employees stuck around. The new proposal would sweeten the deal, extending the bonuses to more Division of Juvenile Justice workers and quadrupling the maximum amount.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The taxable bonuses would be prorated, according to the draft agreement.\u003c/p>\n\u003cp>The Division of Juvenile Justice employees would be eligible for all or part of the proposed bonuses, said agency spokesperson Mike Sicilia in an email to CalMatters.\u003c/p>\n\u003cp>“Recruitment and retention efforts aim to retain our valued staff to ensure our facilities are properly operating, and that DJJ is able to continue giving the youth in our charge the best education and rehabilitative opportunities before the planned closure next year,” wrote Sicilia.\u003c/p>\n\u003cp>According to the \u003ca href=\"https://www.dof.ca.gov/budget/Historical_Budget_Publications/2022-23/salaries_wages_supplement/documents/DCR.pdf\">Department of Finance\u003c/a>, the state has about 1,000 permanent positions authorized among the four juvenile institutions. Roughly 23% of those positions are vacant, according to a CalMatters analysis of the budget report and data from the Controller’s Office.\u003c/p>\n\u003cp>N.A. Chaderjian and O.H. Close Youth Correctional Facilities, both in Stockton, have the highest vacancy rates, around 26%. In addition, about 20% of budgeted permanent positions at Pine Grove Youth Conservation Camp and Ventura Youth Correctional Facility are unfilled.\u003c/p>\n\u003cp>Contracts with correctional unions are often controversial for their costs. Last year, amid the pandemic, the California Correctional Peace Officers Association negotiated a new contract that faced criticism from the Legislative Analyst’s Office, California’s nonpartisan budget and policy experts.\u003c/p>\n\u003cp>The office dinged the administration for increasing prison guards’ compensations “without clear justification.” In addition, they noted that the large contract did not address one of the biggest changes facing the Department of Corrections and Rehabilitation: \u003ca href=\"https://lao.ca.gov/Publications/Report/4446#unit-6-corrections\">impending adult and youth prison closures\u003c/a>.\u003c/p>\n\u003cp>“Depending on how and when the DJJ facilities close, employees could be affected directly, either through relocation to other assignments … or through job loss,” the analyst’s office wrote last year.\u003c/p>\n\u003cp>“There could be various issues related to the closure of DJJ … that could be topics at the bargaining table. The new agreement does not appear to contain any provisions related to these issues.”\u003c/p>\n\u003cp>After the analysis, the Legislature \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB159\">overwhelmingly approved\u003c/a> the new contract between the state and the union.\u003c/p>\n\u003cp>Now, the Legislature may have to decide on another financial package for youth prison employees.\u003c/p>\n\u003cp>The division spokesperson would not say how many staffers would be laid off during the transition. But according to its website, the division is trying to place \u003ca href=\"https://www.cdcr.ca.gov/djj-realignment/memorandum-on-realignment-january-7-2021/\">juvenile prison employees in other jobs\u003c/a> inside the department.\u003c/p>\n\u003cp>The state is negotiating the final agreement.\u003c/p>\n\u003cp>California has offered significant incentives in the past to keep state workers from leaving.\u003c/p>\n\u003cp>In 2003, prison psychiatrists and doctors \u003ca href=\"https://www.sfgate.com/news/article/M-D-s-judges-highest-paid-state-workers-2644201.php\">received an “extra $2,200 a month\u003c/a> as a recruitment and retention bonus,” according to a San Francisco Chronicle story. More recently, in 2020, \u003ca href=\"https://www.calhr.ca.gov/Pay%20Differentials%20Library/Pay_Differential_442.pdf\">nurses for the School for the Blind and School for the Deaf\u003c/a> were approved for a monthly bonus of 5% of their normal salary, up to $589.55.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Black and Brown People Killed in Police Custody Are Often Diagnosed With 'Excited Delirium.' That's Racism and Junk Science, Report Says",
"title": "Black and Brown People Killed in Police Custody Are Often Diagnosed With 'Excited Delirium.' That's Racism and Junk Science, Report Says",
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"content": "\u003cp>A national physicians group is demanding an end to the use of the diagnosis \"excited delirium,\" calling it junk science that “cannot be disentangled from its racist and unscientific origins” in a \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">report released last week\u003c/a>.\u003c/p>\n\u003cp>\"Excited delirium\" is often used to describe a state of agitated confusion, often associated with drug use or mental illness, and sometimes with violent outbursts followed by an abrupt death.\u003c/p>\n\u003cp>But critics of the diagnosis say it has no clear or consistent definition, and the report’s authors note that it’s disproportionately applied to Black and brown men by law enforcement to explain sudden deaths in police custody.\u003c/p>\n\u003cp>The report, by \u003ca href=\"https://phr.org/our-work/resources/excited-delirium/\">Physicians for Human Rights\u003c/a>, finds that, “When the diagnosis of ‘excited delirium’ has been advanced, it has almost always been by law enforcement and law-enforcement-affiliated organizations.”\u003c/p>\n\u003cp>Several medical professional groups, like the World Health Organization and the American Psychiatric Association, already don’t recognize the term.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Julia Sherwin, Oakland-based civil rights attorney and co-author of the report\"]'What's really important ... is the human impact that this junk science has. These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they've been ripped from their families.'[/pullquote]Last year, the American Medical Association \u003ca href=\"https://www.ama-assn.org/press-center/press-releases/new-ama-policy-opposes-excited-delirium-diagnosis\">declared its opposition to the diagnosis\u003c/a>. The association’s then-President-elect Gerald E. Harmon called it “a manifestation of systemic racism that has unnecessarily dangerous and deadly consequences for our Black and Brown patients.”\u003c/p>\n\u003cp>But its use remains prevalent nationwide. When Colorado police arrested Elijah McClain, \u003ca href=\"https://sentinelcolorado.com/news/metro/colorado-panel-issues-guidelines-for-injecting-ketamine/\">they invoked \"excited delirium,\" both to justify injecting him with ketamine and later to explain his death\u003c/a>. The defense team for Derek Chauvin — the Minnesota officer who murdered George Floyd — \u003ca href=\"https://apnews.com/article/death-of-george-floyd-health-george-floyd-minneapolis-thomas-lane-1c6776d265e6f3c09e32df7039e80720\">argued during Chauvin’s trial that Floyd was experiencing \"excited delirium\"\u003c/a> and tried to use that to justify Chauvin pressing his knee to Floyd’s neck for more than nine minutes.\u003c/p>\n\u003cp>The diagnosis also has been used to explain deaths in police custody in the Bay Area.\u003c/p>\n\u003cp>[aside postID=news_11887516 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/03/Feature_RS48144_023_SanFrancisco_RiseUpRally_03262021-qut-1020x680.jpg']Angelo Quinto’s family called the police to assist with a mental health crisis Quinto was experiencing in December 2020. Responding officers knelt on the Antioch man’s back, pinning him to the ground for what his family said was about five minutes. Quinto passed out, then died three days later.\u003c/p>\n\u003cp>Public outrage ensued, and community members called for justice for Quinto and for consequences for the responding officers. But in August 2021, a forensic pathologist hired by Contra Costa County named \"excited delirium\" as the cause of death, and the death was ruled an accident.\u003c/p>\n\u003cp>Dr. Vanja Douglas, a neurologist for UCSF, has worked for years with patients who experience delirium, mostly older people. He said he had never heard of the term \"excited delirium\" before reading the Physicians for Human Rights report.\u003c/p>\n\u003cp>Douglas said he was surprised to see delirium listed as a cause of death because it is a symptom of an underlying condition, not a condition in itself, and cannot be responsible for death. Instead, in a situation where a patient dies while delirious, the underlying condition would be the cause.\u003c/p>\n\u003cp>The Contra Costa County sheriff’s office, which houses the coroner’s office, directed questions from KQED about Angelo Quinto’s cause of death to the forensic pathologists involved who work as independent contractors for the county.\u003c/p>\n\u003cp>Dr. Ikechi Ogan, \u003ca href=\"https://www.eastbaytimes.com/2021/08/20/death-of-angelo-quinto-after-struggle-with-cops-blamed-on-excited-delirium-a-controversial-diagnosis-the-ama-says-is-used-to-shield-police-violence/\">the pathologist who testified during a coroner’s inquest that \"excited delirium\" caused Quinto’s death\u003c/a>, could not be reached for comment.\u003c/p>\n\u003cfigure id=\"attachment_11907783\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11907783\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg\" alt=\"vigil attendees kneeling in grass at outdoor park, wearing masks and holding sign reading 'justice for angelo quinto'\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and community members attend a vigil in remembrance of Angelo Quinto at Antioch City Park on March 10, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Physicians for Human Rights report specifically names Quinto’s as one of the cases where \"excited delirium\" is used to explain away excessive force and minimize accountability of law enforcement.\u003c/p>\n\u003cp>“Angelo Quinto, a Filipino-American Navy veteran, is one of many people, disproportionately people of color, whose deaths at the hands of police have been attributed to ‘excited delirium’ rather than to the conduct of law enforcement officers,” the report states.\u003c/p>\n\u003cp>Julia Sherwin is a civil rights attorney based in Oakland who co-authored the report after spending years researching how the term is used among law enforcement. She said police departments must learn how to more safely handle people in distress rather than using \"excited delirium\" to explain away unnecessary deaths that are really caused by the actions of officers.\u003c/p>\n\u003cp>“What's really important ... is the human impact that this junk science has,” Sherwin said. “These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they’ve been ripped from their families.”\u003c/p>\n\u003cp>Sherwin said restraints seemed to be one of the most common factors in deaths under police custody that were later ruled to be caused by \"excited delirium,\" and implored police departments to focus on deescalation training rather than resorting to force.\u003c/p>\n\u003cp>When encountering a person experiencing emotional distress, Sherwin said officers should make sure they are “not going hands-on with the person, not threatening them, they’re giving the person time to calm down … if they have to prone them out for handcuffing, good training would say turn them on their side or sit them up right away so they can breathe.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='police-killings']Douglas, the UCSF neurologist, admitted that restraints are regularly used in cases where a patient is delirious and presents a danger to themselves or others, but said the use of restraints should be carefully monitored and deescalation tactics should always be used first.\u003c/p>\n\u003cp>“If you’ve got somebody who’s delirious, and you approach them with force, they may react in an unpredictable way and that situation could escalate … if they’re confused, restraining them will only make the confusion worse,” Douglas said.\u003c/p>\n\u003cp>Douglas also said it’s worth considering whether medical or mental health professionals would be better suited as the first responders to situations where a person is in crisis.\u003c/p>\n\u003cp>The report similarly calls on state and local governments to make sure medically trained professionals are the primary responders in medical emergencies and establish more rigorous investigations of deaths in law enforcement custody.\u003c/p>\n\u003cp>The report also calls on the Biden administration to establish a Department of Justice unit to investigate all in-custody deaths, and on the National Association of Medical Examiners to issue a statement recognizing that \"excited delirium\" is not a valid medical diagnosis and cannot be a cause of death.\u003c/p>\n\u003cp>In a statement to the authors of the report, NAME President Dr. Kathryn Pinneri said that although medical examiners will list \"excited delirium\" as a cause of death, the association doesn't see it as a diagnosis.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“Though I suspect it is accepted among many NAME members, we have never issued any type of consensus statement on excited delirium,\" Pinneri said. “And as an organization [we] have not formally ‘recognized the condition as a diagnosis.’”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Angelo Quinto’s family called the police to assist with a mental health crisis Quinto was experiencing in December 2020. Responding officers knelt on the Antioch man’s back, pinning him to the ground for what his family said was about five minutes. Quinto passed out, then died three days later.\u003c/p>\n\u003cp>Public outrage ensued, and community members called for justice for Quinto and for consequences for the responding officers. But in August 2021, a forensic pathologist hired by Contra Costa County named \"excited delirium\" as the cause of death, and the death was ruled an accident.\u003c/p>\n\u003cp>Dr. Vanja Douglas, a neurologist for UCSF, has worked for years with patients who experience delirium, mostly older people. He said he had never heard of the term \"excited delirium\" before reading the Physicians for Human Rights report.\u003c/p>\n\u003cp>Douglas said he was surprised to see delirium listed as a cause of death because it is a symptom of an underlying condition, not a condition in itself, and cannot be responsible for death. Instead, in a situation where a patient dies while delirious, the underlying condition would be the cause.\u003c/p>\n\u003cp>The Contra Costa County sheriff’s office, which houses the coroner’s office, directed questions from KQED about Angelo Quinto’s cause of death to the forensic pathologists involved who work as independent contractors for the county.\u003c/p>\n\u003cp>Dr. Ikechi Ogan, \u003ca href=\"https://www.eastbaytimes.com/2021/08/20/death-of-angelo-quinto-after-struggle-with-cops-blamed-on-excited-delirium-a-controversial-diagnosis-the-ama-says-is-used-to-shield-police-violence/\">the pathologist who testified during a coroner’s inquest that \"excited delirium\" caused Quinto’s death\u003c/a>, could not be reached for comment.\u003c/p>\n\u003cfigure id=\"attachment_11907783\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11907783\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg\" alt=\"vigil attendees kneeling in grass at outdoor park, wearing masks and holding sign reading 'justice for angelo quinto'\" width=\"1920\" height=\"1278\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS47595_014_Antioch_AngeloQuintoMemorial_03102021-qut-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Friends, family and community members attend a vigil in remembrance of Angelo Quinto at Antioch City Park on March 10, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The Physicians for Human Rights report specifically names Quinto’s as one of the cases where \"excited delirium\" is used to explain away excessive force and minimize accountability of law enforcement.\u003c/p>\n\u003cp>“Angelo Quinto, a Filipino-American Navy veteran, is one of many people, disproportionately people of color, whose deaths at the hands of police have been attributed to ‘excited delirium’ rather than to the conduct of law enforcement officers,” the report states.\u003c/p>\n\u003cp>Julia Sherwin is a civil rights attorney based in Oakland who co-authored the report after spending years researching how the term is used among law enforcement. She said police departments must learn how to more safely handle people in distress rather than using \"excited delirium\" to explain away unnecessary deaths that are really caused by the actions of officers.\u003c/p>\n\u003cp>“What's really important ... is the human impact that this junk science has,” Sherwin said. “These are people who are suffering, who came into contact with law enforcement for one reason or another, and now they’ve been ripped from their families.”\u003c/p>\n\u003cp>Sherwin said restraints seemed to be one of the most common factors in deaths under police custody that were later ruled to be caused by \"excited delirium,\" and implored police departments to focus on deescalation training rather than resorting to force.\u003c/p>\n\u003cp>When encountering a person experiencing emotional distress, Sherwin said officers should make sure they are “not going hands-on with the person, not threatening them, they’re giving the person time to calm down … if they have to prone them out for handcuffing, good training would say turn them on their side or sit them up right away so they can breathe.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Douglas, the UCSF neurologist, admitted that restraints are regularly used in cases where a patient is delirious and presents a danger to themselves or others, but said the use of restraints should be carefully monitored and deescalation tactics should always be used first.\u003c/p>\n\u003cp>“If you’ve got somebody who’s delirious, and you approach them with force, they may react in an unpredictable way and that situation could escalate … if they’re confused, restraining them will only make the confusion worse,” Douglas said.\u003c/p>\n\u003cp>Douglas also said it’s worth considering whether medical or mental health professionals would be better suited as the first responders to situations where a person is in crisis.\u003c/p>\n\u003cp>The report similarly calls on state and local governments to make sure medically trained professionals are the primary responders in medical emergencies and establish more rigorous investigations of deaths in law enforcement custody.\u003c/p>\n\u003cp>The report also calls on the Biden administration to establish a Department of Justice unit to investigate all in-custody deaths, and on the National Association of Medical Examiners to issue a statement recognizing that \"excited delirium\" is not a valid medical diagnosis and cannot be a cause of death.\u003c/p>\n\u003cp>In a statement to the authors of the report, NAME President Dr. Kathryn Pinneri said that although medical examiners will list \"excited delirium\" as a cause of death, the association doesn't see it as a diagnosis.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Though I suspect it is accepted among many NAME members, we have never issued any type of consensus statement on excited delirium,\" Pinneri said. “And as an organization [we] have not formally ‘recognized the condition as a diagnosis.’”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A new pilot program launched this week in San Francisco Superior Court will pay lower- to moderate-income jurors $100 a day for their service in criminal trials.[pullquote size=\"medium\" align=\"right\" citation=\"San Francisco District Attorney Chesa Boudin\"]‘Justice demands that our juries reflect the diverse backgrounds of the victims, witnesses, and accused persons whose lives are impacted by their decisions.’[/pullquote]The city’s “\u003ca href=\"https://www.sfsuperiorcourt.org/sites/default/files/images/Be%20the%20Jury_one-pager_v5.pdf?1646774511626\">Be the Jury\u003c/a>” program, the first of its kind in the state, aims to create a more racially and economically diverse pool of jurors, according to city officials. They note that juries are disproportionately made up of residents who either are compensated by their employers or have the means to get by with virtually no pay.\u003c/p>\n\u003cp>“This will just help us create a more fair system of justice,” said Anne Stuhldreher, director of the Financial Justice Project in the San Francisco Treasurer’s Office, which will oversee the program.\u003c/p>\n\u003cp>Jurors can qualify for the enhanced payment if they earn less than 80% of the area median income — $74,600 for a single person and $106,550 for a family of four — and are not compensated by their employer for jury service.\u003c/p>\n\u003cp>While California law requires employers to provide time off for employees who are summoned to jury duty, they are not required to compensate them for that time. If salary is not covered, jurors across the state are \u003ca href=\"https://www.courts.ca.gov/juryservice.htm\">paid just $15 per day\u003c/a>, starting on their second day of service.\u003c/p>\n\u003cp>As a result, many prospective jurors request to be excused from service due to financial hardship.\u003c/p>\n\u003cp>Some 35% of jurors in California said jury service imposed a financial hardship on them, according to a recent survey by the Judicial Council of California.\u003c/p>\n\u003cp>“Justice demands that our juries reflect the diverse backgrounds of the victims, witnesses, and accused persons whose lives are impacted by their decisions,” San Francisco District Attorney Chesa Boudin said in a statement. “We must continue to find ways to promote and enable jury service for all San Franciscans, so that our juries reflect our diverse communities and are able to administer justice for all San Franciscans.”[aside label=\"Related Coverage\" tag=\"jury-duty\"]The program, which the city will pay for through fundraising efforts, was created by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1452\">Assembly Bill 1452\u003c/a>, introduced last year by San Francisco Democratic Assemblymember Phil Ting. It will remain in effect through 2023, although the court can end it earlier if it “determines the increased financial reimbursement is causing prejudice to the rights of litigants or the interests of justice.”\u003c/p>\n\u003cp>The legislation requires the city to collect the self-reported data of jurors who receive the increased compensation, and allow a third party to analyze it and report on the program’s efficacy.\u003c/p>\n\u003cp>Prospective jurors in San Francisco will receive information about the new program with their jury summons, and can call 311 or visit \u003ca href=\"https://www.sfsuperiorcourt.org/divisions/jury-services/jury-reporting\">the court’s website\u003c/a> to learn more about it. Judges also are expected to start briefing prospective jurors about the program at the beginning of their jury service.\u003c/p>\n\u003cp>“Everyone deserves a fair trial, but the legal system is full of inequities,” Ting said in a statement. “I’m excited to see whether higher pay for jury duty authorized under my legislation will improve our criminal justice system. Studies show when juries are diverse and reflective of the communities they serve, they tend to spend more time deliberating the case and are less likely to presume guilt.”\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Spencer Whitney and Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The city’s “\u003ca href=\"https://www.sfsuperiorcourt.org/sites/default/files/images/Be%20the%20Jury_one-pager_v5.pdf?1646774511626\">Be the Jury\u003c/a>” program, the first of its kind in the state, aims to create a more racially and economically diverse pool of jurors, according to city officials. They note that juries are disproportionately made up of residents who either are compensated by their employers or have the means to get by with virtually no pay.\u003c/p>\n\u003cp>“This will just help us create a more fair system of justice,” said Anne Stuhldreher, director of the Financial Justice Project in the San Francisco Treasurer’s Office, which will oversee the program.\u003c/p>\n\u003cp>Jurors can qualify for the enhanced payment if they earn less than 80% of the area median income — $74,600 for a single person and $106,550 for a family of four — and are not compensated by their employer for jury service.\u003c/p>\n\u003cp>While California law requires employers to provide time off for employees who are summoned to jury duty, they are not required to compensate them for that time. If salary is not covered, jurors across the state are \u003ca href=\"https://www.courts.ca.gov/juryservice.htm\">paid just $15 per day\u003c/a>, starting on their second day of service.\u003c/p>\n\u003cp>As a result, many prospective jurors request to be excused from service due to financial hardship.\u003c/p>\n\u003cp>Some 35% of jurors in California said jury service imposed a financial hardship on them, according to a recent survey by the Judicial Council of California.\u003c/p>\n\u003cp>“Justice demands that our juries reflect the diverse backgrounds of the victims, witnesses, and accused persons whose lives are impacted by their decisions,” San Francisco District Attorney Chesa Boudin said in a statement. “We must continue to find ways to promote and enable jury service for all San Franciscans, so that our juries reflect our diverse communities and are able to administer justice for all San Franciscans.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The program, which the city will pay for through fundraising efforts, was created by \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1452\">Assembly Bill 1452\u003c/a>, introduced last year by San Francisco Democratic Assemblymember Phil Ting. It will remain in effect through 2023, although the court can end it earlier if it “determines the increased financial reimbursement is causing prejudice to the rights of litigants or the interests of justice.”\u003c/p>\n\u003cp>The legislation requires the city to collect the self-reported data of jurors who receive the increased compensation, and allow a third party to analyze it and report on the program’s efficacy.\u003c/p>\n\u003cp>Prospective jurors in San Francisco will receive information about the new program with their jury summons, and can call 311 or visit \u003ca href=\"https://www.sfsuperiorcourt.org/divisions/jury-services/jury-reporting\">the court’s website\u003c/a> to learn more about it. Judges also are expected to start briefing prospective jurors about the program at the beginning of their jury service.\u003c/p>\n\u003cp>“Everyone deserves a fair trial, but the legal system is full of inequities,” Ting said in a statement. “I’m excited to see whether higher pay for jury duty authorized under my legislation will improve our criminal justice system. Studies show when juries are diverse and reflective of the communities they serve, they tend to spend more time deliberating the case and are less likely to presume guilt.”\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED’s Spencer Whitney and Farida Jhabvala Romero.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "San Francisco Officer Not Guilty of Using Excessive Force",
"title": "San Francisco Officer Not Guilty of Using Excessive Force",
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"content": "\u003cp>A San Francisco police officer was found not guilty in the 2019 beating of a man with a baton in what’s believed to be the city’s first trial against an officer over excessive force allegations while on duty.\u003c/p>\n\u003cp>A jury on Monday found Terrance Stangel not guilty of three charges of assault and battery he faced after striking Dacari Spiers with his baton several times, breaking his wrist and leg.\u003c/p>\n\u003cp>The jury deadlocked on a fourth charge of unlawfully beating Spiers under color of authority.\u003c/p>\n\u003cp>Stangel and his partner, Officer Cuauhtémoc Martínez, were responding to 911 calls about a man choking and dragging a woman near Fisherman’s Wharf when they encountered Spiers and his then-girlfriend on Oct. 7, 2019.\u003c/p>\n\u003cp>Martínez, who was not charged in the case, immediately grabbed Spiers while ordering him to get against the wall. Neither officer gave him reasonable commands before Stangel started beating him with his baton, landing at least seven blows, prosecutors said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Five strikes when he’s lying on the ground, in the fetal position, writhing in pain, is proof beyond a reasonable doubt of assault and battery,” Assistant District Attorney Rebecca Young said during closing arguments in the three-week trial.\u003c/p>\n\u003cp>Stangel was charged with four felonies, including battery causing serious bodily injury, assault with a deadly weapon, assault with force likely to cause great bodily injury and assault under the color of authority.\u003c/p>\n\u003cp>Spiers was never charged with any crime and later received a $700,000 civil settlement from the city.\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"sfpd\"]“This case was sabotaged from day one by police officers and investigators who simply will not allow police officers to be held accountable for perpetrating violence,” Curtis Briggs, Spiers's attorney, said in a statement. “The system for investigating police misconduct is completely dysfunctional and broken. This case has highlighted that.”\u003c/p>\n\u003cp>Stangel testified that his aim was to protect his partner from a violent man after the interaction between Martínez and Spiers quickly turned into a melee.\u003c/p>\n\u003cp>“I was trying to get him to stop fighting my partner and I was trying to get us out of the situation without getting hurt,” Stangel said.\u003c/p>\n\u003cp>His defense attorney, Nicole Pifari, said Stangel used necessary force to control a violent situation created by Spiers. She called the case politically motivated.\u003c/p>\n\u003cp>”We are thankful that the jury was able to see through the dishonesty of the DA’s office in this case and see it for what it was—unjust and unsupported,” she said in a statement. “Everyone should be deeply concerned about this case, about this District Attorney, and about the rule of law in San Francisco. It doesn’t matter if the DA is from the right or the left, he or she should apply the law fairly and honestly, without tipping the scales of justice to meet a political agenda.”\u003c/p>\n\u003cp>Stangel is one of six officers who have been charged by San Francisco District Attorney Chesa Boudin, a former public defender who was elected DA in 2019 as part of a national wave of progressive prosecutors opposed to mass incarceration.\u003c/p>\n\u003cp>The prosecution became a flashpoint between Boudin and San Francisco Police Chief William Scott amid competing claims that both agencies had withheld evidence.\u003c/p>\n\u003cp>A district attorney’s office investigator testified that she felt pressured to sign an affidavit against Stangel that left out evidence that could possibly have helped him, but U.S. District Court Judge Jacqueline Scott Corley ruled that the evidence would not have affected the case. The judge also fined the city, saying that the police department failed to disclose three interviews with officers who were involved, \u003ca href=\"https://missionlocal.org/2022/03/sfpd-sanctioned-for-withholding-evidence-in-dacari-spiers-sfpd-beating-case/\">Mission Local first reported\u003c/a>.\u003c/p>\n\u003cp>During the trial, Scott terminated an agreement that allows the district attorney’s office to investigate police shootings, excessive use of force and in-custody deaths, citing serious concerns over the office’s impartiality. Both agreed to let the agreement stand for another two months \u003ca href=\"https://www.usnews.com/news/best-states/california/articles/2022-02-14/california-ag-others-to-help-with-new-sf-investigation-pact\">after the state attorney general’s office intervened\u003c/a>.\u003c/p>\n\u003cp>After the verdict was announced, the San Francisco Police Officers Association said it was satisfied with the trial's outcome and that the focus should be on keeping San Francisco safe.\u003c/p>\n\u003cp>“We are pleased that this jury focused on the facts, evidence, and the law and was not distracted by other factors in reaching their not guilty verdicts on three of the four charges before them,” Tracy McCray, the association's acting president, said in a statement.\u003c/p>\n\u003cp>But Rachel Marshall, a spokesperson for the San Francisco District Attorney's Office, said the trial underscored the myriad challenges of holding police accountable.\u003c/p>\n\u003cp>“We've seen the ways in which a victim of police violence, as often is the case, is really dirtied up by the defense and has tried to be criminalized and be dehumanized,” she said. “Dacari Spiers was the victim of a brutal beating that resulted in a $700,000 settlement. And at the same time, just throughout this trial, the defense tried to criminalize him and tried to put him on trial as they dragged him through the mud.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This article includes reporting from The Associated Press and KQED's Alex Emslie.\u003c/em>\u003c/p>\n\n",
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"excerpt": "A jury on Monday found Terrance Stangel not guilty of three charges of assault and battery he faced after striking Dacari Spiers with his baton several times in 2019, breaking his wrist and leg.",
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"description": "A jury on Monday found Terrance Stangel not guilty of three charges of assault and battery he faced after striking Dacari Spiers with his baton several times in 2019, breaking his wrist and leg.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco police officer was found not guilty in the 2019 beating of a man with a baton in what’s believed to be the city’s first trial against an officer over excessive force allegations while on duty.\u003c/p>\n\u003cp>A jury on Monday found Terrance Stangel not guilty of three charges of assault and battery he faced after striking Dacari Spiers with his baton several times, breaking his wrist and leg.\u003c/p>\n\u003cp>The jury deadlocked on a fourth charge of unlawfully beating Spiers under color of authority.\u003c/p>\n\u003cp>Stangel and his partner, Officer Cuauhtémoc Martínez, were responding to 911 calls about a man choking and dragging a woman near Fisherman’s Wharf when they encountered Spiers and his then-girlfriend on Oct. 7, 2019.\u003c/p>\n\u003cp>Martínez, who was not charged in the case, immediately grabbed Spiers while ordering him to get against the wall. Neither officer gave him reasonable commands before Stangel started beating him with his baton, landing at least seven blows, prosecutors said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Five strikes when he’s lying on the ground, in the fetal position, writhing in pain, is proof beyond a reasonable doubt of assault and battery,” Assistant District Attorney Rebecca Young said during closing arguments in the three-week trial.\u003c/p>\n\u003cp>Stangel was charged with four felonies, including battery causing serious bodily injury, assault with a deadly weapon, assault with force likely to cause great bodily injury and assault under the color of authority.\u003c/p>\n\u003cp>Spiers was never charged with any crime and later received a $700,000 civil settlement from the city.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“This case was sabotaged from day one by police officers and investigators who simply will not allow police officers to be held accountable for perpetrating violence,” Curtis Briggs, Spiers's attorney, said in a statement. “The system for investigating police misconduct is completely dysfunctional and broken. This case has highlighted that.”\u003c/p>\n\u003cp>Stangel testified that his aim was to protect his partner from a violent man after the interaction between Martínez and Spiers quickly turned into a melee.\u003c/p>\n\u003cp>“I was trying to get him to stop fighting my partner and I was trying to get us out of the situation without getting hurt,” Stangel said.\u003c/p>\n\u003cp>His defense attorney, Nicole Pifari, said Stangel used necessary force to control a violent situation created by Spiers. She called the case politically motivated.\u003c/p>\n\u003cp>”We are thankful that the jury was able to see through the dishonesty of the DA’s office in this case and see it for what it was—unjust and unsupported,” she said in a statement. “Everyone should be deeply concerned about this case, about this District Attorney, and about the rule of law in San Francisco. It doesn’t matter if the DA is from the right or the left, he or she should apply the law fairly and honestly, without tipping the scales of justice to meet a political agenda.”\u003c/p>\n\u003cp>Stangel is one of six officers who have been charged by San Francisco District Attorney Chesa Boudin, a former public defender who was elected DA in 2019 as part of a national wave of progressive prosecutors opposed to mass incarceration.\u003c/p>\n\u003cp>The prosecution became a flashpoint between Boudin and San Francisco Police Chief William Scott amid competing claims that both agencies had withheld evidence.\u003c/p>\n\u003cp>A district attorney’s office investigator testified that she felt pressured to sign an affidavit against Stangel that left out evidence that could possibly have helped him, but U.S. District Court Judge Jacqueline Scott Corley ruled that the evidence would not have affected the case. The judge also fined the city, saying that the police department failed to disclose three interviews with officers who were involved, \u003ca href=\"https://missionlocal.org/2022/03/sfpd-sanctioned-for-withholding-evidence-in-dacari-spiers-sfpd-beating-case/\">Mission Local first reported\u003c/a>.\u003c/p>\n\u003cp>During the trial, Scott terminated an agreement that allows the district attorney’s office to investigate police shootings, excessive use of force and in-custody deaths, citing serious concerns over the office’s impartiality. Both agreed to let the agreement stand for another two months \u003ca href=\"https://www.usnews.com/news/best-states/california/articles/2022-02-14/california-ag-others-to-help-with-new-sf-investigation-pact\">after the state attorney general’s office intervened\u003c/a>.\u003c/p>\n\u003cp>After the verdict was announced, the San Francisco Police Officers Association said it was satisfied with the trial's outcome and that the focus should be on keeping San Francisco safe.\u003c/p>\n\u003cp>“We are pleased that this jury focused on the facts, evidence, and the law and was not distracted by other factors in reaching their not guilty verdicts on three of the four charges before them,” Tracy McCray, the association's acting president, said in a statement.\u003c/p>\n\u003cp>But Rachel Marshall, a spokesperson for the San Francisco District Attorney's Office, said the trial underscored the myriad challenges of holding police accountable.\u003c/p>\n\u003cp>“We've seen the ways in which a victim of police violence, as often is the case, is really dirtied up by the defense and has tried to be criminalized and be dehumanized,” she said. “Dacari Spiers was the victim of a brutal beating that resulted in a $700,000 settlement. And at the same time, just throughout this trial, the defense tried to criminalize him and tried to put him on trial as they dragged him through the mud.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This article includes reporting from The Associated Press and KQED's Alex Emslie.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Highway Patrol Is Slow to Equip Officer Bodycams Compared to Local Police and Other States",
"title": "California Highway Patrol Is Slow to Equip Officer Bodycams Compared to Local Police and Other States",
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"content": "\u003cp>It escalated quickly.\u003c/p>\n\u003cp data-reader-unique-id=\"12\">A California Highway Patrol officer drove slowly behind a man walking on the road. An Arcata police officer rode in the passenger seat, and a second CHP officer sat in the back.\u003c/p>\n\u003cp data-reader-unique-id=\"13\">“Scoot up about 10 more feet,” the Arcata officer told the driver. “I’m just going to start firing.”\u003c/p>\n\u003cp data-reader-unique-id=\"14\">Charles Chivrell, 35, was disabled and had been diagnosed with schizophrenia, court documents show. And on this September 2021 morning, he was in distress, walking along the rural two-lane road in Humboldt County with a briefcase and a holstered gun — making both rational and incoherent statements as police trailed him.\u003c/p>\n\u003cp data-reader-unique-id=\"15\">The CHP officer behind the wheel had tried to convince him to drop his briefcase, to stop walking, to talk to him.\u003c/p>\n\u003cp data-reader-unique-id=\"16\">Chivrell, his back to the officers, continued on.\u003c/p>\n\u003cp data-reader-unique-id=\"17\">Then, without warning, the Arcata officer opened the CHP vehicle door and fired nonlethal pepper balls in Chivrell’s direction, while the CHP officer in the back seat got out and aimed his weapon.\u003c/p>\n\u003cp data-reader-unique-id=\"18\">Chivrell’s body jerked, turned around. He ran as the pepper balls struck him.\u003c/p>\n\u003cp data-reader-unique-id=\"19\">“He drew!” an officer yelled. A burst of fire from Chivrell’s direction. Next, a loud bang — a rifle.\u003c/p>\n\u003cp data-reader-unique-id=\"20\">Chivrell fell to the asphalt. His cause of death: a gunshot wound to the back of the head.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Nicholas Camp, assistant professor, University of Michigan\"]'It's one of the few reforms that both the [American Civil Liberties Union] and police agencies have supported. So it is surprising that such a large agency hasn't adopted them.'[/pullquote]\u003c/p>\n\u003cp data-reader-unique-id=\"21\">Nearly a month later, \u003ca href=\"https://www.youtube.com/watch?v=sGjb4VNnW7A\" data-reader-unique-id=\"22\">Arcata police released edited footage\u003c/a> from officers on the scene, showing multiple angles from dashboard and body cameras. But the local department of 22 sworn officers couldn’t release what it didn’t have: body camera footage from the CHP officer whose shot killed Chivrell.\u003c/p>\n\u003cp data-reader-unique-id=\"23\">That officer is among thousands in the California Highway Patrol ranks who do not wear body cameras.\u003c/p>\n\u003ch2>Body cameras a 'no-brainer'\u003c/h2>\n\u003cp data-reader-unique-id=\"25\">In California and across the nation, body-worn cameras have become a part of many officers’ standard uniforms. While body and dashboard cameras are not mandatory in the state, large and small agencies have begun seeing the cameras as tools of transparency — and a way to keep officers and the public safe.\u003c/p>\n\u003cp data-reader-unique-id=\"26\">The shooting in Humboldt County was recorded by at least three different Arcata cameras and one CHP dashboard camera, videos that recently were viewed by CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"27\">The CHP, one of the state’s largest police forces with a \u003ca href=\"https://lao.ca.gov/Publications/Report/4458#:~:text=and%20other%20devices.-,California%20Highway%20Patrol,outlay%20expenditures%20in%202021%E2%80%9122.\" data-reader-unique-id=\"28\">$2.8 billion budget\u003c/a>, has body cameras for only 3% of its budgeted 7,600 uniformed officers.\u003c/p>\n\u003cp data-reader-unique-id=\"29\">“At this point, body cameras are a no-brainer,” said \u003ca href=\"https://lsa.umich.edu/orgstudies/people/faculty/npcamp.html\">Nicholas Camp\u003c/a>, an assistant professor at the University of Michigan who uses body camera footage to study officers’ communication and their encounters. “It’s one of the few reforms that both the [American Civil Liberties Union] and police agencies have supported. So it is surprising that such a large agency hasn’t adopted them.”\u003c/p>\n\u003cp data-reader-unique-id=\"31\">California’s highway police \u003ca href=\"https://oag.ca.gov/system/files/media/ripa-board-report-2022.pdf\" data-reader-unique-id=\"32\">make around 2 million stops\u003c/a> a year, encounters that mostly happen within range of dashboard cameras. But, the agency’s tentacles extend beyond the state’s crowded highways.\u003c/p>\n\u003cp data-reader-unique-id=\"33\">Highway patrol officers \u003ca href=\"https://fox40.com/news/california-connection/15000-stolen-items-found-during-bay-area-retail-theft-investigation/\" data-reader-unique-id=\"34\">bust robberies\u003c/a>, \u003ca href=\"https://www.latimes.com/california/story/2020-11-26/eviction-homeless-covid-19-caltrans-vacant-houses-pandemic\" data-reader-unique-id=\"35\">enforce evictions\u003c/a>, police \u003ca href=\"https://www.instagram.com/p/CPj0Iz5nFlP/?utm_medium=share_sheet\" data-reader-unique-id=\"36\">drag races\u003c/a>, \u003ca href=\"https://www.sfchronicle.com/politics/article/19-million-price-tag-for-guarding-California-15891295.php\" data-reader-unique-id=\"37\">manage Capitol protests\u003c/a>, \u003ca href=\"https://www.mercurynews.com/2021/06/18/chp-gov-newsom-assaulted-by-aggressive-person-in-oakland/\" data-reader-unique-id=\"38\">protect the governor\u003c/a> and \u003ca href=\"https://s29762.pcdn.co/wp-content/uploads/2021/03/Borderline-AAR_FINAL.pdf\" data-reader-unique-id=\"39\">respond to deadly shootings\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"42\">Gov. Gavin Newsom’s current budget proposal seeks to expand the CHP’s organized \u003ca href=\"https://www.chp.ca.gov/notify-chp/organized-retail-theft-program#:~:text=Three%20regional%20task%20forces%2C%20known,Los%20Angeles%20region)%2C%20and%20Border\" data-reader-unique-id=\"46\">retail theft investigative unit\u003c/a>, \u003ca href=\"https://lao.ca.gov/Publications/Report/4546\" data-reader-unique-id=\"47\">from $6 million in 2022-23\u003c/a> to $15 million by 2026. The unit targets the large smash-and-grab thefts, including a series that \u003ca href=\"https://www.gov.ca.gov/2021/11/22/governor-newsom-doubles-down-on-ending-organized-retail-crime-rings/\" data-reader-unique-id=\"48\">broke out in Northern and Southern California\u003c/a> over the holidays.\u003c/p>\n\u003cp data-reader-unique-id=\"49\">CHP acknowledged it has only 237 body cameras agency-wide, all in the Oakland and Stockton areas. A spokesperson said the department is focused on upgrading its dash cameras.\u003c/p>\n\u003cp>[aside postID=\"news_11905820,news_11903907,news_11907219\" label=\"Related Posts\"]“Due to the nature of the CHP’s enforcement contacts, in-car cameras provide the most benefit … ,” wrote spokesperson Fran Clader in an email to CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"51\">She said the agency will continue evaluating whether to expand its body camera usage.\u003c/p>\n\u003cp data-reader-unique-id=\"52\">In the meantime, some local agencies say they’re happy to fill CHP’s technology gaps.\u003c/p>\n\u003cp data-reader-unique-id=\"53\">“We’re a small department, and for us to be able to help a statewide agency … we don’t do that very often,” Arcata police chief Brian Ahearn told CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"54\">“[The local CHP office] could not have been more grateful for us to provide our video … to illustrate to the community the entirety of the event that led to the use of deadly force,” he said.\u003c/p>\n\u003ch2>State 'dropped the ball' on bodycams\u003c/h2>\n\u003cp data-reader-unique-id=\"63\">In 2015, the California Highway Patrol was at the top of some legislators’ lists to receive funding for body cameras. As the nation grappled with protests against police brutality, Assemblymember Reginald Jones-Sawyer — then chair of the California Legislative Black Caucus — lobbied to “require all California Highway Patrol officers to wear video cameras,” he \u003ca href=\"https://www.sacbee.com/opinion/op-ed/soapbox/article9291977.html\" data-reader-unique-id=\"64\">wrote in an editorial for The Sacramento Bee\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"70\">Jones-Sawyer’s $10 million pitch to give all CHP officers body cameras eventually was whittled down to a \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article24820051.html\" data-reader-unique-id=\"71\">$1 million pilot program\u003c/a> in the agency’s Oakland and Stockton areas. A year into the pilot, officers \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/1819/FY1819_ORG2720_BCP2391.pdf\" data-reader-unique-id=\"72\">recorded nearly 93,000 videos\u003c/a>, but the program was never expanded.\u003c/p>\n\u003cp data-reader-unique-id=\"73\">“Let’s be clear, they never wanted to do any of it,” \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/1819/FY1819_ORG2720_BCP2391.pdf\" data-reader-unique-id=\"74\">said Jones-Sawyer\u003c/a>, a Democrat from Los Angeles. “If it wasn’t for me pushing for the pilot program, they never would have had the 200 [body cameras].\u003c/p>\n\u003cp data-reader-unique-id=\"75\">“In some ways, we dropped the ball,” he said. “We’re not going to drop it anymore.”\u003c/p>\n\u003cp data-reader-unique-id=\"76\">While CHP experimented with its limited pilot program, many local law enforcement agencies in California have gone all-in on body cameras.\u003c/p>\n\u003cp>For example, the Los Angeles Police Department, \u003ca href=\"https://laist.com/news/politics/mayor-garcetti-signs-11-2-billion-city-budget-with-more-lapd-spending-1-billion-for-homelessness\" data-reader-unique-id=\"98\">which has a smaller budget\u003c/a>, has given body cameras to more than 7,000 uniformed field officers, or about 73% of its force.\u003c/p>\n\u003cp data-reader-unique-id=\"99\">Carrie Lane, chief executive for the California Association of Highway Patrolmen, says its members support body cameras.\u003c/p>\n\u003cp data-reader-unique-id=\"100\">“They recognize body-worn cameras can be a benefit to the public by providing greater transparency that helps engender trust,” Lane said in an email response to CalMatters. “The challenge of body-worn cameras is, and always has been, cost.”\u003c/p>\n\u003ch2>Other states lead California on bodycams\u003c/h2>\n\u003cp data-reader-unique-id=\"102\">The same year former \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201520160SB85\" data-reader-unique-id=\"103\">Gov. Jerry Brown signed off on the pilot program\u003c/a>, South Carolina passed a law requiring fully funded police agencies to \u003ca href=\"https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/body-worn-cameras.pdf\" data-reader-unique-id=\"104\">give their officers body cameras\u003c/a>. Since then, \u003ca href=\"https://www.denverpost.com/2021/04/18/body-camera-police-colorado-budget/\" data-reader-unique-id=\"105\">Colorado\u003c/a>, \u003ca href=\"https://ctmirror.org/2021/08/06/as-deadline-approaches-some-ct-police-departments-still-dont-have-body-cameras/\" data-reader-unique-id=\"106\">Connecticut\u003c/a>, \u003ca href=\"https://www.mystateline.com/news/local-news/law-enforcement-reacts-to-body-camera-mandate/\" data-reader-unique-id=\"107\">Illinois\u003c/a>, \u003ca href=\"https://www.govtech.com/public-safety/maryland-county-creates-unit-to-process-police-body-cam-footage#:~:text=The%20team%20is%20the%20county,with%20body%20cameras%20by%202025.\" data-reader-unique-id=\"108\">Maryland\u003c/a>, \u003ca href=\"https://whyy.org/articles/all-police-officers-in-new-jersey-now-mandated-to-wear-body-cameras/\" data-reader-unique-id=\"109\">New Jersey\u003c/a> and \u003ca href=\"https://www.santafenewmexican.com/news/legislature/lujan-grisham-signs-bill-requiring-law-enforcement-to-wear-body-cameras/article_50625102-c142-11ea-bc99-8332b6be391e.html\" data-reader-unique-id=\"110\">New Mexico\u003c/a> all have passed laws \u003ca href=\"https://www.ncsl.org/research/civil-and-criminal-justice/legislatures-require-police-body-camera-use-statewide-magazine2021.aspx#:~:text=Seven%20states%20now%20mandate%20the,New%20Mexico%20and%20South%20Carolina.\" data-reader-unique-id=\"111\">mandating body cameras for officers\u003c/a>, according to the National Conference of State Legislatures. Last year, New York introduced \u003ca href=\"https://apnews.com/article/new-york-law-enforcement-agencies-andrew-cuomo-albany-b8d0359e1e498c87ca842451935c6fa9\" data-reader-unique-id=\"112\">body cameras for all of its state troopers\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"113\">In California, it’s a different story.\u003c/p>\n\u003cp data-reader-unique-id=\"114\">CalMatters queried more than a dozen of California’s largest police and sheriff’s departments and found that nearly all had at least some body cameras. Among the varying policies:\u003c/p>\n\u003cul data-reader-unique-id=\"115\">\n\u003cli data-reader-unique-id=\"116\">Police departments in Los Angeles, Arcata, Bakersfield, Fresno, Oakland, Sacramento, San Jose and Stockton have given body cameras to all of their uniformed patrol officers. So have the Kern, Sacramento and San Diego county sheriffs’ departments. Some agencies have extended their body camera usage beyond just patrol officers.\u003c/li>\n\u003cli data-reader-unique-id=\"117\">The Los Angeles County Sheriff’s Department, the state’s \u003ca href=\"https://laist.com/news/police-public-safety/la-explained-the-police\" data-reader-unique-id=\"118\">largest law enforcement agency\u003c/a>, has outfitted 37% of all sworn personnel with body-worn cameras, according to the agency spokesperson.\u003c/li>\n\u003cli data-reader-unique-id=\"119\">The Long Beach and San Francisco police departments and the Orange County and San Francisco county sheriff’s offices have given some of their officers body cameras.\u003c/li>\n\u003c/ul>\n\u003cp data-reader-unique-id=\"120\">The San Bernardino County Sheriff’s Department was the only agency among those contacted that said it had no body or dashboard cameras. In contrast, the \u003ca href=\"https://www.cityofsacramento.org/Police/Transparency/Body-Worn-Camera-Project\" data-reader-unique-id=\"121\">Sacramento Police Department\u003c/a> provides both body and dashboard cameras for all of its officers and marked vehicles.\u003c/p>\n\u003cp data-reader-unique-id=\"124\">Dashboard cameras also have been shown to be crucial when evaluating police encounters. A recent \u003ca href=\"https://insight.kellogg.northwestern.edu/article/body-cams-impartial-police#:~:text=After%20all%2C%20a%20body%20cam,the%20officer%20was%20less%20intentional.\" data-reader-unique-id=\"132\">study shows that when people view dashcam footage\u003c/a>, they are more likely to assign blame to officers than when they watch body camera footage of the same incident.\u003c/p>\n\u003cp>“In some ways, you get more visual information about what’s going on from the dash camera,” said assistant professor Camp. “One thing that body cameras get us, which I think is important but overlooked, is the audio. You can’t get that from a camera that’s mounted on an officer’s car quite a distance away.”\u003c/p>\n\u003cp data-reader-unique-id=\"134\">As for the highway patrol, it’s betting on improved dashboard cameras. The agency is nixing the grainy, DVD-based cameras it has used statewide since 2010.[pullquote size=\"medium\" align=\"right\" citation=\"Mark Merin, Sacramento civil rights attorney\"]'The more evidence you have that establishes what really happened, the better off everybody is.'[/pullquote]\u003c/p>\n\u003cp data-reader-unique-id=\"135\">The department’s new dashboard system will be wireless, capable of incorporating body cameras if the agency goes that route, and installed in every marked vehicle. The price tag: \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2122/FY2122_ORG2720_BCP4142.pdf\" data-reader-unique-id=\"136\">$52 million\u003c/a>, which then-Gov. Jerry Brown approved in the state’s 2018 budget.\u003c/p>\n\u003cp data-reader-unique-id=\"137\">“Once that is completed, the new system will be capable of incorporating body-worn cameras in the future,” wrote Clader, the highway patrol spokesperson.\u003c/p>\n\u003ch2>A family mourns\u003c/h2>\n\u003cp data-reader-unique-id=\"139\">For now, families like Chivrell’s must rely on grainy CHP dashcam footage and body camera shots from other agencies when looking for answers.\u003c/p>\n\u003cp data-reader-unique-id=\"140\">In January, Charles Chivrell’s family filed a wrongful death lawsuit in the U.S. District Court for the Northern District of California. The federal suit targets the city of Arcata, the Arcata Police Department and the California Highway Patrol, along with some named officers, for the shooting.\u003c/p>\n\u003cp data-reader-unique-id=\"141\">The lawsuit calls Chivrell “a mentally-ill man who was stalked by law enforcement officers … as he walked along public roadways.”\u003c/p>\n\u003cp data-reader-unique-id=\"142\">The complaint alleges that “[the officers] failed to utilize appropriate procedures for communicating and confronting persons suffering from mental illness, such as de-escalation techniques.”\u003c/p>\n\u003cp data-reader-unique-id=\"143\">Attorneys for the CHP and Arcata have filed motions to dismiss, which will be heard June 2.\u003c/p>\n\u003cp data-reader-unique-id=\"146\">The family’s attorney, Mark Merin of Sacramento, told CalMatters that the shooting caused Chivrell’s family to move away from the area.\u003c/p>\n\u003cp data-reader-unique-id=\"150\">“It’s very disorienting for them, destructive,” he said. “It’s a very bad situation.”\u003c/p>\n\u003cp data-reader-unique-id=\"151\">Merin said he believes that all officers should wear body cameras, and turn them on when they interact with the public.\u003c/p>\n\u003cp data-reader-unique-id=\"152\">“The more evidence you have that establishes what really happened, the better off everybody is,” said Merin. “There’s no justification for not wearing a body camera.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It escalated quickly.\u003c/p>\n\u003cp data-reader-unique-id=\"12\">A California Highway Patrol officer drove slowly behind a man walking on the road. An Arcata police officer rode in the passenger seat, and a second CHP officer sat in the back.\u003c/p>\n\u003cp data-reader-unique-id=\"13\">“Scoot up about 10 more feet,” the Arcata officer told the driver. “I’m just going to start firing.”\u003c/p>\n\u003cp data-reader-unique-id=\"14\">Charles Chivrell, 35, was disabled and had been diagnosed with schizophrenia, court documents show. And on this September 2021 morning, he was in distress, walking along the rural two-lane road in Humboldt County with a briefcase and a holstered gun — making both rational and incoherent statements as police trailed him.\u003c/p>\n\u003cp data-reader-unique-id=\"15\">The CHP officer behind the wheel had tried to convince him to drop his briefcase, to stop walking, to talk to him.\u003c/p>\n\u003cp data-reader-unique-id=\"16\">Chivrell, his back to the officers, continued on.\u003c/p>\n\u003cp data-reader-unique-id=\"17\">Then, without warning, the Arcata officer opened the CHP vehicle door and fired nonlethal pepper balls in Chivrell’s direction, while the CHP officer in the back seat got out and aimed his weapon.\u003c/p>\n\u003cp data-reader-unique-id=\"18\">Chivrell’s body jerked, turned around. He ran as the pepper balls struck him.\u003c/p>\n\u003cp data-reader-unique-id=\"19\">“He drew!” an officer yelled. A burst of fire from Chivrell’s direction. Next, a loud bang — a rifle.\u003c/p>\n\u003cp data-reader-unique-id=\"20\">Chivrell fell to the asphalt. His cause of death: a gunshot wound to the back of the head.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp data-reader-unique-id=\"21\">Nearly a month later, \u003ca href=\"https://www.youtube.com/watch?v=sGjb4VNnW7A\" data-reader-unique-id=\"22\">Arcata police released edited footage\u003c/a> from officers on the scene, showing multiple angles from dashboard and body cameras. But the local department of 22 sworn officers couldn’t release what it didn’t have: body camera footage from the CHP officer whose shot killed Chivrell.\u003c/p>\n\u003cp data-reader-unique-id=\"23\">That officer is among thousands in the California Highway Patrol ranks who do not wear body cameras.\u003c/p>\n\u003ch2>Body cameras a 'no-brainer'\u003c/h2>\n\u003cp data-reader-unique-id=\"25\">In California and across the nation, body-worn cameras have become a part of many officers’ standard uniforms. While body and dashboard cameras are not mandatory in the state, large and small agencies have begun seeing the cameras as tools of transparency — and a way to keep officers and the public safe.\u003c/p>\n\u003cp data-reader-unique-id=\"26\">The shooting in Humboldt County was recorded by at least three different Arcata cameras and one CHP dashboard camera, videos that recently were viewed by CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"27\">The CHP, one of the state’s largest police forces with a \u003ca href=\"https://lao.ca.gov/Publications/Report/4458#:~:text=and%20other%20devices.-,California%20Highway%20Patrol,outlay%20expenditures%20in%202021%E2%80%9122.\" data-reader-unique-id=\"28\">$2.8 billion budget\u003c/a>, has body cameras for only 3% of its budgeted 7,600 uniformed officers.\u003c/p>\n\u003cp data-reader-unique-id=\"29\">“At this point, body cameras are a no-brainer,” said \u003ca href=\"https://lsa.umich.edu/orgstudies/people/faculty/npcamp.html\">Nicholas Camp\u003c/a>, an assistant professor at the University of Michigan who uses body camera footage to study officers’ communication and their encounters. “It’s one of the few reforms that both the [American Civil Liberties Union] and police agencies have supported. So it is surprising that such a large agency hasn’t adopted them.”\u003c/p>\n\u003cp data-reader-unique-id=\"31\">California’s highway police \u003ca href=\"https://oag.ca.gov/system/files/media/ripa-board-report-2022.pdf\" data-reader-unique-id=\"32\">make around 2 million stops\u003c/a> a year, encounters that mostly happen within range of dashboard cameras. But, the agency’s tentacles extend beyond the state’s crowded highways.\u003c/p>\n\u003cp data-reader-unique-id=\"33\">Highway patrol officers \u003ca href=\"https://fox40.com/news/california-connection/15000-stolen-items-found-during-bay-area-retail-theft-investigation/\" data-reader-unique-id=\"34\">bust robberies\u003c/a>, \u003ca href=\"https://www.latimes.com/california/story/2020-11-26/eviction-homeless-covid-19-caltrans-vacant-houses-pandemic\" data-reader-unique-id=\"35\">enforce evictions\u003c/a>, police \u003ca href=\"https://www.instagram.com/p/CPj0Iz5nFlP/?utm_medium=share_sheet\" data-reader-unique-id=\"36\">drag races\u003c/a>, \u003ca href=\"https://www.sfchronicle.com/politics/article/19-million-price-tag-for-guarding-California-15891295.php\" data-reader-unique-id=\"37\">manage Capitol protests\u003c/a>, \u003ca href=\"https://www.mercurynews.com/2021/06/18/chp-gov-newsom-assaulted-by-aggressive-person-in-oakland/\" data-reader-unique-id=\"38\">protect the governor\u003c/a> and \u003ca href=\"https://s29762.pcdn.co/wp-content/uploads/2021/03/Borderline-AAR_FINAL.pdf\" data-reader-unique-id=\"39\">respond to deadly shootings\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"42\">Gov. Gavin Newsom’s current budget proposal seeks to expand the CHP’s organized \u003ca href=\"https://www.chp.ca.gov/notify-chp/organized-retail-theft-program#:~:text=Three%20regional%20task%20forces%2C%20known,Los%20Angeles%20region)%2C%20and%20Border\" data-reader-unique-id=\"46\">retail theft investigative unit\u003c/a>, \u003ca href=\"https://lao.ca.gov/Publications/Report/4546\" data-reader-unique-id=\"47\">from $6 million in 2022-23\u003c/a> to $15 million by 2026. The unit targets the large smash-and-grab thefts, including a series that \u003ca href=\"https://www.gov.ca.gov/2021/11/22/governor-newsom-doubles-down-on-ending-organized-retail-crime-rings/\" data-reader-unique-id=\"48\">broke out in Northern and Southern California\u003c/a> over the holidays.\u003c/p>\n\u003cp data-reader-unique-id=\"49\">CHP acknowledged it has only 237 body cameras agency-wide, all in the Oakland and Stockton areas. A spokesperson said the department is focused on upgrading its dash cameras.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Due to the nature of the CHP’s enforcement contacts, in-car cameras provide the most benefit … ,” wrote spokesperson Fran Clader in an email to CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"51\">She said the agency will continue evaluating whether to expand its body camera usage.\u003c/p>\n\u003cp data-reader-unique-id=\"52\">In the meantime, some local agencies say they’re happy to fill CHP’s technology gaps.\u003c/p>\n\u003cp data-reader-unique-id=\"53\">“We’re a small department, and for us to be able to help a statewide agency … we don’t do that very often,” Arcata police chief Brian Ahearn told CalMatters.\u003c/p>\n\u003cp data-reader-unique-id=\"54\">“[The local CHP office] could not have been more grateful for us to provide our video … to illustrate to the community the entirety of the event that led to the use of deadly force,” he said.\u003c/p>\n\u003ch2>State 'dropped the ball' on bodycams\u003c/h2>\n\u003cp data-reader-unique-id=\"63\">In 2015, the California Highway Patrol was at the top of some legislators’ lists to receive funding for body cameras. As the nation grappled with protests against police brutality, Assemblymember Reginald Jones-Sawyer — then chair of the California Legislative Black Caucus — lobbied to “require all California Highway Patrol officers to wear video cameras,” he \u003ca href=\"https://www.sacbee.com/opinion/op-ed/soapbox/article9291977.html\" data-reader-unique-id=\"64\">wrote in an editorial for The Sacramento Bee\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"70\">Jones-Sawyer’s $10 million pitch to give all CHP officers body cameras eventually was whittled down to a \u003ca href=\"https://www.sacbee.com/news/politics-government/capitol-alert/article24820051.html\" data-reader-unique-id=\"71\">$1 million pilot program\u003c/a> in the agency’s Oakland and Stockton areas. A year into the pilot, officers \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/1819/FY1819_ORG2720_BCP2391.pdf\" data-reader-unique-id=\"72\">recorded nearly 93,000 videos\u003c/a>, but the program was never expanded.\u003c/p>\n\u003cp data-reader-unique-id=\"73\">“Let’s be clear, they never wanted to do any of it,” \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/1819/FY1819_ORG2720_BCP2391.pdf\" data-reader-unique-id=\"74\">said Jones-Sawyer\u003c/a>, a Democrat from Los Angeles. “If it wasn’t for me pushing for the pilot program, they never would have had the 200 [body cameras].\u003c/p>\n\u003cp data-reader-unique-id=\"75\">“In some ways, we dropped the ball,” he said. “We’re not going to drop it anymore.”\u003c/p>\n\u003cp data-reader-unique-id=\"76\">While CHP experimented with its limited pilot program, many local law enforcement agencies in California have gone all-in on body cameras.\u003c/p>\n\u003cp>For example, the Los Angeles Police Department, \u003ca href=\"https://laist.com/news/politics/mayor-garcetti-signs-11-2-billion-city-budget-with-more-lapd-spending-1-billion-for-homelessness\" data-reader-unique-id=\"98\">which has a smaller budget\u003c/a>, has given body cameras to more than 7,000 uniformed field officers, or about 73% of its force.\u003c/p>\n\u003cp data-reader-unique-id=\"99\">Carrie Lane, chief executive for the California Association of Highway Patrolmen, says its members support body cameras.\u003c/p>\n\u003cp data-reader-unique-id=\"100\">“They recognize body-worn cameras can be a benefit to the public by providing greater transparency that helps engender trust,” Lane said in an email response to CalMatters. “The challenge of body-worn cameras is, and always has been, cost.”\u003c/p>\n\u003ch2>Other states lead California on bodycams\u003c/h2>\n\u003cp data-reader-unique-id=\"102\">The same year former \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201520160SB85\" data-reader-unique-id=\"103\">Gov. Jerry Brown signed off on the pilot program\u003c/a>, South Carolina passed a law requiring fully funded police agencies to \u003ca href=\"https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/body-worn-cameras.pdf\" data-reader-unique-id=\"104\">give their officers body cameras\u003c/a>. Since then, \u003ca href=\"https://www.denverpost.com/2021/04/18/body-camera-police-colorado-budget/\" data-reader-unique-id=\"105\">Colorado\u003c/a>, \u003ca href=\"https://ctmirror.org/2021/08/06/as-deadline-approaches-some-ct-police-departments-still-dont-have-body-cameras/\" data-reader-unique-id=\"106\">Connecticut\u003c/a>, \u003ca href=\"https://www.mystateline.com/news/local-news/law-enforcement-reacts-to-body-camera-mandate/\" data-reader-unique-id=\"107\">Illinois\u003c/a>, \u003ca href=\"https://www.govtech.com/public-safety/maryland-county-creates-unit-to-process-police-body-cam-footage#:~:text=The%20team%20is%20the%20county,with%20body%20cameras%20by%202025.\" data-reader-unique-id=\"108\">Maryland\u003c/a>, \u003ca href=\"https://whyy.org/articles/all-police-officers-in-new-jersey-now-mandated-to-wear-body-cameras/\" data-reader-unique-id=\"109\">New Jersey\u003c/a> and \u003ca href=\"https://www.santafenewmexican.com/news/legislature/lujan-grisham-signs-bill-requiring-law-enforcement-to-wear-body-cameras/article_50625102-c142-11ea-bc99-8332b6be391e.html\" data-reader-unique-id=\"110\">New Mexico\u003c/a> all have passed laws \u003ca href=\"https://www.ncsl.org/research/civil-and-criminal-justice/legislatures-require-police-body-camera-use-statewide-magazine2021.aspx#:~:text=Seven%20states%20now%20mandate%20the,New%20Mexico%20and%20South%20Carolina.\" data-reader-unique-id=\"111\">mandating body cameras for officers\u003c/a>, according to the National Conference of State Legislatures. Last year, New York introduced \u003ca href=\"https://apnews.com/article/new-york-law-enforcement-agencies-andrew-cuomo-albany-b8d0359e1e498c87ca842451935c6fa9\" data-reader-unique-id=\"112\">body cameras for all of its state troopers\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"113\">In California, it’s a different story.\u003c/p>\n\u003cp data-reader-unique-id=\"114\">CalMatters queried more than a dozen of California’s largest police and sheriff’s departments and found that nearly all had at least some body cameras. Among the varying policies:\u003c/p>\n\u003cul data-reader-unique-id=\"115\">\n\u003cli data-reader-unique-id=\"116\">Police departments in Los Angeles, Arcata, Bakersfield, Fresno, Oakland, Sacramento, San Jose and Stockton have given body cameras to all of their uniformed patrol officers. So have the Kern, Sacramento and San Diego county sheriffs’ departments. Some agencies have extended their body camera usage beyond just patrol officers.\u003c/li>\n\u003cli data-reader-unique-id=\"117\">The Los Angeles County Sheriff’s Department, the state’s \u003ca href=\"https://laist.com/news/police-public-safety/la-explained-the-police\" data-reader-unique-id=\"118\">largest law enforcement agency\u003c/a>, has outfitted 37% of all sworn personnel with body-worn cameras, according to the agency spokesperson.\u003c/li>\n\u003cli data-reader-unique-id=\"119\">The Long Beach and San Francisco police departments and the Orange County and San Francisco county sheriff’s offices have given some of their officers body cameras.\u003c/li>\n\u003c/ul>\n\u003cp data-reader-unique-id=\"120\">The San Bernardino County Sheriff’s Department was the only agency among those contacted that said it had no body or dashboard cameras. In contrast, the \u003ca href=\"https://www.cityofsacramento.org/Police/Transparency/Body-Worn-Camera-Project\" data-reader-unique-id=\"121\">Sacramento Police Department\u003c/a> provides both body and dashboard cameras for all of its officers and marked vehicles.\u003c/p>\n\u003cp data-reader-unique-id=\"124\">Dashboard cameras also have been shown to be crucial when evaluating police encounters. A recent \u003ca href=\"https://insight.kellogg.northwestern.edu/article/body-cams-impartial-police#:~:text=After%20all%2C%20a%20body%20cam,the%20officer%20was%20less%20intentional.\" data-reader-unique-id=\"132\">study shows that when people view dashcam footage\u003c/a>, they are more likely to assign blame to officers than when they watch body camera footage of the same incident.\u003c/p>\n\u003cp>“In some ways, you get more visual information about what’s going on from the dash camera,” said assistant professor Camp. “One thing that body cameras get us, which I think is important but overlooked, is the audio. You can’t get that from a camera that’s mounted on an officer’s car quite a distance away.”\u003c/p>\n\u003cp data-reader-unique-id=\"134\">As for the highway patrol, it’s betting on improved dashboard cameras. The agency is nixing the grainy, DVD-based cameras it has used statewide since 2010.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp data-reader-unique-id=\"135\">The department’s new dashboard system will be wireless, capable of incorporating body cameras if the agency goes that route, and installed in every marked vehicle. The price tag: \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2122/FY2122_ORG2720_BCP4142.pdf\" data-reader-unique-id=\"136\">$52 million\u003c/a>, which then-Gov. Jerry Brown approved in the state’s 2018 budget.\u003c/p>\n\u003cp data-reader-unique-id=\"137\">“Once that is completed, the new system will be capable of incorporating body-worn cameras in the future,” wrote Clader, the highway patrol spokesperson.\u003c/p>\n\u003ch2>A family mourns\u003c/h2>\n\u003cp data-reader-unique-id=\"139\">For now, families like Chivrell’s must rely on grainy CHP dashcam footage and body camera shots from other agencies when looking for answers.\u003c/p>\n\u003cp data-reader-unique-id=\"140\">In January, Charles Chivrell’s family filed a wrongful death lawsuit in the U.S. District Court for the Northern District of California. The federal suit targets the city of Arcata, the Arcata Police Department and the California Highway Patrol, along with some named officers, for the shooting.\u003c/p>\n\u003cp data-reader-unique-id=\"141\">The lawsuit calls Chivrell “a mentally-ill man who was stalked by law enforcement officers … as he walked along public roadways.”\u003c/p>\n\u003cp data-reader-unique-id=\"142\">The complaint alleges that “[the officers] failed to utilize appropriate procedures for communicating and confronting persons suffering from mental illness, such as de-escalation techniques.”\u003c/p>\n\u003cp data-reader-unique-id=\"143\">Attorneys for the CHP and Arcata have filed motions to dismiss, which will be heard June 2.\u003c/p>\n\u003cp data-reader-unique-id=\"146\">The family’s attorney, Mark Merin of Sacramento, told CalMatters that the shooting caused Chivrell’s family to move away from the area.\u003c/p>\n\u003cp data-reader-unique-id=\"150\">“It’s very disorienting for them, destructive,” he said. “It’s a very bad situation.”\u003c/p>\n\u003cp data-reader-unique-id=\"151\">Merin said he believes that all officers should wear body cameras, and turn them on when they interact with the public.\u003c/p>\n\u003cp data-reader-unique-id=\"152\">“The more evidence you have that establishes what really happened, the better off everybody is,” said Merin. “There’s no justification for not wearing a body camera.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cb>Nova Ukraine\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Ostap Korkuna has a full-time job in tech, but since the Russian invasion of Ukraine on Feb. 24, he’s been spending most of his time coordinating humanitarian aid to his home country. Korkuna is the co-chair and director of Nova Ukraine, a non-profit run entirely by volunteers. Right now, he said, they are trying to secure planes to transport medical supplies for injured civilians and soldiers in Ukraine.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Former Sen. Barbara Boxer\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">“My heart is breaking as I watch this war unfold,” said \u003c/span>\u003cb>former Sen. Barbara Boxer,\u003c/b>\u003cspan style=\"font-weight: 400\"> D-CA (1993-2017). As the second week of Russia’s war on Ukraine unfolds, American and Californian support for Ukraine grew. Boxer shares her perspective on the war, sanctions against Russia, and whether Russian President Vladimir Putin can prevail. \u003c/span>\u003c/p>\n\u003cp>\u003cb>This Week in California News and Politics\u003c/b>\u003cspan style=\"font-weight: 400\">\u003cbr>\n\u003c/span>\u003cspan style=\"font-weight: 400\">This week, President Biden gave his first State of the Union, which was heavily focused on the crisis in Ukraine as well as plans for learning to live with COVID. We analyze what Biden’s priorities mean for California in addition to other news of the week\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Saul Gonzalez, KQED’s The California Report co-host\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Scott Shafer, KQED politics and government senior editor\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Something Beautiful: West Oakland Mural Project\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">This week’s look at Something Beautiful is a public art installation by the West Oakland Mural Project which highlights the vital role women played in the revolutionary Black Panther Party. \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/whoweare_030422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11907202\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/whoweare_030422_final.png\" alt='Cartoon: a label that reads, \"this is not who we are\" points at Joe Biden, who carries a paper that says, \"settlement for victims of family separation\" that is crossed out in red. In small parenthetical type to the right is written, \"but check back after the midterms.\" A migrant family looks on in the background.' width=\"1920\" height=\"1400\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-800x583.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-1020x744.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-160x117.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-1536x1120.png 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>Soon after right-wing media outlets slammed potential payouts to migrant families that had been separated under Trump, \u003ca href=\"https://bit.ly/fioreseparationsettlement\">the Biden administration withdrew from settlement talks\u003c/a> with immigrant advocates.\u003c/p>\n\u003cp>President Joe Biden was known for saying, “\u003ca href=\"https://www.vox.com/2018/6/20/17484414/joe-biden-trump-family-separation-immigration\">this is not who we are\u003c/a>” when he correctly excoriated the Trump administration’s family separation policy.\u003c/p>\n\u003cp>When talking about asylum-seeking families who were tortured by the U.S. government during Donald Trump’s “zero tolerance” policy, Biden more recently said, “\u003ca href=\"https://www.newyorker.com/news/news-desk/why-biden-refused-to-pay-restitution-to-families-separated-at-the-border\">you deserve some kind of compensation, no matter what.\u003c/a>”\u003c/p>\n\u003cp>Unfortunately, it looks like that compensation isn’t happening anytime soon.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/whoweare_030422_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11907202\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/whoweare_030422_final.png\" alt='Cartoon: a label that reads, \"this is not who we are\" points at Joe Biden, who carries a paper that says, \"settlement for victims of family separation\" that is crossed out in red. In small parenthetical type to the right is written, \"but check back after the midterms.\" A migrant family looks on in the background.' width=\"1920\" height=\"1400\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-800x583.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-1020x744.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-160x117.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/whoweare_030422_final-1536x1120.png 1536w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003c/a>Soon after right-wing media outlets slammed potential payouts to migrant families that had been separated under Trump, \u003ca href=\"https://bit.ly/fioreseparationsettlement\">the Biden administration withdrew from settlement talks\u003c/a> with immigrant advocates.\u003c/p>\n\u003cp>President Joe Biden was known for saying, “\u003ca href=\"https://www.vox.com/2018/6/20/17484414/joe-biden-trump-family-separation-immigration\">this is not who we are\u003c/a>” when he correctly excoriated the Trump administration’s family separation policy.\u003c/p>\n\u003cp>When talking about asylum-seeking families who were tortured by the U.S. government during Donald Trump’s “zero tolerance” policy, Biden more recently said, “\u003ca href=\"https://www.newyorker.com/news/news-desk/why-biden-refused-to-pay-restitution-to-families-separated-at-the-border\">you deserve some kind of compensation, no matter what.\u003c/a>”\u003c/p>\n\u003cp>Unfortunately, it looks like that compensation isn’t happening anytime soon.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "'We Prayed He Would Get Jail Time': Ex-Contra Costa Cop Gets 6 Years in Prison for Killing Man With Mental Illness",
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"content": "\u003cp>Andrew Hall, a former Contra Costa County Sheriff’s deputy, was sentenced to six years in prison on Friday for a fatal shooting in 2018. Hall was immediately taken into custody by his previous employer, the county sheriff.\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault in October\u003c/a> for fatally shooting Laudemer Arboleda, a 33-year-old Filipino man who suffered from paranoia and mental health issues. Hall was initially charged with assault with a deadly weapon and voluntary manslaughter, but the jury deadlocked on the more serious manslaughter charge. \u003c/p>\n\u003cp>Diana Becton, the Contra Costa County district attorney, declined to retry Hall on that charge. Hall, who also served as a Danville police officer, is the first officer \u003ca href=\"https://www.kqed.org/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability\">amid a wave of recent police prosecutions in the Bay Area\u003c/a> to be found guilty and sentenced. Six years is one of the longest sentences a California officer has received for an on-duty shooting.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jennie Atienza, mother of Laudemer Arboleda\"]‘The emptiness is still here … I would never be the same again. And one half of my life died with my son.’[/pullquote]“We prayed he would get jail time and he did, although it’s just six years,” Arboleda’s sister Jennifer Leong said at a press conference following the sentencing. When asked how she was feeling, Leong said, “it’s been hell. It’s baby steps right now. It’s baby steps for our family. This is something.”\u003c/p>\n\u003cp>“[Arboleda] did not deserve to die for evading a police officer,” Contra Costa County Superior Court Judge Terri Mockler said. “That is really the crux of this.” \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11789945/video-of-fatal-danville-police-shooting-shows-officer-firing-at-slow-moving-vehicle\">on-duty shooting Hall was convicted for took place on Nov. 3, 2018\u003c/a>, when police, responding to calls of a suspicious person, attempted a traffic stop in the town of Danville. Arboleda led police on a nine-minute car chase toward downtown Danville. Dashcam video showed him pulling over multiple times, and then driving off when officers got out of their patrol cars. \u003c/p>\n\u003cp>Hall arrived on the scene and tried to block Arboleda’s car at an intersection. Police video showed Hall get out of his car and step into the path of Arboleda’s vehicle, firing into the windshield and window.\u003c/p>\n\u003cp>To convict Hall of assault, the jury must have found that his decision to shoot Arboleda nine times as he drove slowly forward was unjustified and therefore amounted to an excessive and unnecessary use of force.\u003c/p>\n\u003cp>Arboleda’s mother, Jennie Atienza, spoke at Friday’s hearing and urged the judge to provide justice for her son.\u003c/p>\n\u003cp>“The emptiness is still here,” Atienza told Mockler. “It’s there and it won’t go away. I would never be the same again. And one half of my life died with my son.” \u003c/p>\n\u003cfigure id=\"attachment_11907240\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaFamily.jpg\" alt=\"\" width=\"800\" height=\"529\" class=\"size-full wp-image-11907240\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/BurrisArboledaFamily.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/BurrisArboledaFamily-160x106.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Attorney John Burris (center) stands with family members of Laudemer Arboleda following the sentencing of former Contra Costa County sheriff’s deputy Andrew Hall on March 4, 2022. Hall was sentenced to six years in prison for fatally shooting Arboleda in 2018. \u003ccite>(María Fernanda Bernal/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mockler was highly critical of a probation report submitted to the court for Hall, and found that it relied on evidence that was not included at trial and ignored key evidence that the jury relied on to reach a guilty verdict. \u003c/p>\n\u003cp>Mockler said she had a lot of empathy for Hall who, according to the probation report, “had a very unstable, chaotic childhood and he raised himself up by the bootstraps to become something better.” But she said the same thing could be said for many of the defendants who come through her courtroom. Ultimately, she found probation was not appropriate. \u003c/p>\n\u003cp>She sentenced Hall to three years for the assault conviction and an additional three years for causing great bodily injury. She dismissed a second enhancement that could have added more time. Because Hall was convicted of a violent felony, Mockler said he will have to serve 85% of his sentence. \u003c/p>\n\u003cp>The Contra Costa County district attorney’s office wrote in a statement that the six-year sentence reflected the seriousness of Hall’s crime and the need for accountability. \u003c/p>\n\u003cp>Charges against Hall for the 2018 shooting were announced in April 2021, \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">about a month after Hall fatally shot Tyrell Wilson\u003c/a>, an unhoused Black man who was allegedly throwing rocks on the freeway. Bodycam video of the incident shows Hall pursued Wilson across an intersection. Wilson pulled out a knife and Hall shot him.\u003c/p>\n\u003cp>[aside postID=news_11870567 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/04/StreetCam-1020x612.jpg']Civil rights attorney John Burris, who represented Arboleda’s family in their civil lawsuit against the county, spoke after the sentencing laying blame on the Contra Costa County Sheriff for failing to find that Hall broke policy during the 2018 shooting of Arboleda. \u003c/p>\n\u003cp>If they had, they could have removed him from the police force, Burris said, and “we would not have a second dead young man,” he said, referring to Wilson. “That’s the tragedy of it all.” \u003c/p>\n\u003cp>The county settled with Arboleda’s family for $4.9 million last year.\u003c/p>\n\u003cp>Becton’s office said the investigation into the Tyrell Wilson shooting is ongoing. Wilson’s parents were at Friday’s hearing and said they would continue to fight for justice for their son.\u003c/p>\n\u003cp>Hall has 60 days to file an appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s María Fernanda Bernal contributed to this story.\u003c/em>\u003c/p>\n\n",
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"excerpt": "The family of Laudemer Arboleda expressed measured relief at the sentencing of Andrew Hall, a former sheriff's deputy and ex-Danville police officer who fatally shot Arboleda nine times in 2018.",
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"title": "'We Prayed He Would Get Jail Time': Ex-Contra Costa Cop Gets 6 Years in Prison for Killing Man With Mental Illness | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Andrew Hall, a former Contra Costa County Sheriff’s deputy, was sentenced to six years in prison on Friday for a fatal shooting in 2018. Hall was immediately taken into custody by his previous employer, the county sheriff.\u003c/p>\n\u003cp>A jury \u003ca href=\"https://www.kqed.org/news/11893915/jury-convicts-police-officer-of-assault-in-2018-on-duty-shooting\">convicted Hall of assault in October\u003c/a> for fatally shooting Laudemer Arboleda, a 33-year-old Filipino man who suffered from paranoia and mental health issues. Hall was initially charged with assault with a deadly weapon and voluntary manslaughter, but the jury deadlocked on the more serious manslaughter charge. \u003c/p>\n\u003cp>Diana Becton, the Contra Costa County district attorney, declined to retry Hall on that charge. Hall, who also served as a Danville police officer, is the first officer \u003ca href=\"https://www.kqed.org/news/11905820/more-bay-area-officers-are-being-prosecuted-for-killing-people-does-this-really-signal-a-shift-in-police-accountability\">amid a wave of recent police prosecutions in the Bay Area\u003c/a> to be found guilty and sentenced. Six years is one of the longest sentences a California officer has received for an on-duty shooting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The emptiness is still here … I would never be the same again. And one half of my life died with my son.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“We prayed he would get jail time and he did, although it’s just six years,” Arboleda’s sister Jennifer Leong said at a press conference following the sentencing. When asked how she was feeling, Leong said, “it’s been hell. It’s baby steps right now. It’s baby steps for our family. This is something.”\u003c/p>\n\u003cp>“[Arboleda] did not deserve to die for evading a police officer,” Contra Costa County Superior Court Judge Terri Mockler said. “That is really the crux of this.” \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The \u003ca href=\"https://www.kqed.org/news/11789945/video-of-fatal-danville-police-shooting-shows-officer-firing-at-slow-moving-vehicle\">on-duty shooting Hall was convicted for took place on Nov. 3, 2018\u003c/a>, when police, responding to calls of a suspicious person, attempted a traffic stop in the town of Danville. Arboleda led police on a nine-minute car chase toward downtown Danville. Dashcam video showed him pulling over multiple times, and then driving off when officers got out of their patrol cars. \u003c/p>\n\u003cp>Hall arrived on the scene and tried to block Arboleda’s car at an intersection. Police video showed Hall get out of his car and step into the path of Arboleda’s vehicle, firing into the windshield and window.\u003c/p>\n\u003cp>To convict Hall of assault, the jury must have found that his decision to shoot Arboleda nine times as he drove slowly forward was unjustified and therefore amounted to an excessive and unnecessary use of force.\u003c/p>\n\u003cp>Arboleda’s mother, Jennie Atienza, spoke at Friday’s hearing and urged the judge to provide justice for her son.\u003c/p>\n\u003cp>“The emptiness is still here,” Atienza told Mockler. “It’s there and it won’t go away. I would never be the same again. And one half of my life died with my son.” \u003c/p>\n\u003cfigure id=\"attachment_11907240\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/BurrisArboledaFamily.jpg\" alt=\"\" width=\"800\" height=\"529\" class=\"size-full wp-image-11907240\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/BurrisArboledaFamily.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/BurrisArboledaFamily-160x106.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Attorney John Burris (center) stands with family members of Laudemer Arboleda following the sentencing of former Contra Costa County sheriff’s deputy Andrew Hall on March 4, 2022. Hall was sentenced to six years in prison for fatally shooting Arboleda in 2018. \u003ccite>(María Fernanda Bernal/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Mockler was highly critical of a probation report submitted to the court for Hall, and found that it relied on evidence that was not included at trial and ignored key evidence that the jury relied on to reach a guilty verdict. \u003c/p>\n\u003cp>Mockler said she had a lot of empathy for Hall who, according to the probation report, “had a very unstable, chaotic childhood and he raised himself up by the bootstraps to become something better.” But she said the same thing could be said for many of the defendants who come through her courtroom. Ultimately, she found probation was not appropriate. \u003c/p>\n\u003cp>She sentenced Hall to three years for the assault conviction and an additional three years for causing great bodily injury. She dismissed a second enhancement that could have added more time. Because Hall was convicted of a violent felony, Mockler said he will have to serve 85% of his sentence. \u003c/p>\n\u003cp>The Contra Costa County district attorney’s office wrote in a statement that the six-year sentence reflected the seriousness of Hall’s crime and the need for accountability. \u003c/p>\n\u003cp>Charges against Hall for the 2018 shooting were announced in April 2021, \u003ca href=\"https://www.kqed.org/news/11870567/video-footage-of-tyrell-wilson-killing-released-as-same-danville-officer-charged-in-another-death\">about a month after Hall fatally shot Tyrell Wilson\u003c/a>, an unhoused Black man who was allegedly throwing rocks on the freeway. Bodycam video of the incident shows Hall pursued Wilson across an intersection. Wilson pulled out a knife and Hall shot him.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Civil rights attorney John Burris, who represented Arboleda’s family in their civil lawsuit against the county, spoke after the sentencing laying blame on the Contra Costa County Sheriff for failing to find that Hall broke policy during the 2018 shooting of Arboleda. \u003c/p>\n\u003cp>If they had, they could have removed him from the police force, Burris said, and “we would not have a second dead young man,” he said, referring to Wilson. “That’s the tragedy of it all.” \u003c/p>\n\u003cp>The county settled with Arboleda’s family for $4.9 million last year.\u003c/p>\n\u003cp>Becton’s office said the investigation into the Tyrell Wilson shooting is ongoing. Wilson’s parents were at Friday’s hearing and said they would continue to fight for justice for their son.\u003c/p>\n\u003cp>Hall has 60 days to file an appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED’s María Fernanda Bernal contributed to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "violent-crime-soared-during-the-pandemic-but-does-the-political-debate-reflect-the-data",
"title": "Violent Crime Soared During the Pandemic. But Does the Political Debate Reflect the Data?",
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"headTitle": "Violent Crime Soared During the Pandemic. But Does the Political Debate Reflect the Data? | KQED",
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"content": "\u003cp>With major national and statewide increases in murders since the start of the pandemic, crime is shaping up to be a big political football in 2022. In California, it’s already dominating debate in the race for attorney general, and has largely fueled the recall attempts of at least two reform-minded county district attorneys.\u003c/p>\n\u003cp>Politicians and activists are seizing on the issue for good reason: \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/gavin-newsom-poll-job-approval-crime-fears\">Polls show voters being increasingly concerned\u003c/a> about crime in their communities.\u003c/p>\n\u003cp>While this is often framed as a red-versus-blue debate, the data shows much broader trends — like the increase in murders — playing out across the nation, regardless of the political makeup or the individual policies of a particular city, county or state. Nationally, there was an \u003ca href=\"https://www.npr.org/2021/09/27/1040904770/fbi-data-murder-increase-2020\">unprecedented spike in murders\u003c/a> in 2020 — up nearly 30% over 2019, marking the largest single-year increase ever recorded in the U.S.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"CA Violent and Property Crime Rates, 1966-2020\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-ACith\" src=\"https://datawrapper.dwcdn.net/ACith/3/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"549\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>But despite that troubling surge, the national murder rate appeared to begin receding in 2021. Meanwhile violent crime overall — and homicides in particular — remains at or near record lows throughout the U.S. The same is true in California\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I think 2020 was an outlier. California was not an outlier,” said Steven Raphael, an economist at UC Berkeley’s Goldman School of Public Policy. “There doesn’t appear to be much that’s happening here that didn’t happen in the rest of the country as well.”\u003c/p>\n\u003ch2>\u003cstrong>Bearing the brunt \u003c/strong>\u003c/h2>\n\u003cp>Republicans, law enforcement officials and other critics of the criminal justice reforms California has made over the past decade are seizing on recent high-profile property and hate crimes and murders to attack those efforts.\u003c/p>\n\u003cp>But Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, said there’s no connection between spikes in murders and the political ideology of an individual prosecutor. And there’s also no proof, he said, that states that have embraced reforms like shorter prison sentences are seeing more violence than other states.\u003c/p>\n\u003cp>He noted the uniform uptick in murders across states in 2020.\u003c/p>\n\u003cp>“When you see nearly every city go up like we did in 2020, it’s really difficult under those conditions to attribute the increase to any particular policy in any particular city,” he said. “Everybody was going up.”\u003c/p>\n\u003cp>Rosenfeld pointed to a key factor that hasn’t changed over time and tracks across the nation: Men of color, particularly Black men, are the most likely to be victims of murder.\u003c/p>\n\u003cp>“The overall level of violence, and homicide in particular, has gone way up in the last couple of years [since the pandemic began]. But the communities and the population groups that suffer most — and have historically — from high levels of violence, haven’t changed,” he said. “It’s young men of color. It’s disadvantaged communities of color that have borne the brunt of the increase.”\u003cbr>\n[pullquote align=\"right\" size=\"medium\" citation=\"Richard Rosenfeld, criminologist, University of Missouri-St. Louis\"]‘When you see nearly every city go up like we did in 2020, it’s really difficult under those conditions to attribute the increase to any particular policy in any particular city.’[/pullquote]“So we’re not seeing a spreading out of violence to other population groups — the elderly, for example — or into affluent communities,” he added. What we’re seeing is an intensification of the violence in the very communities where historically it’s been quite high.”\u003c/p>\n\u003cp>Jasmine Hardison has experienced that heartbreaking reality firsthand — it’s her job to show up at the scene of homicides in Oakland, and help family members and other survivors cope. Hardison lost her own son to gun violence in 2016 and now works for Youth ALIVE!, a violence prevention nonprofit in the city, as program coordinator for the Khadafy Washington Project.\u003c/p>\n\u003cp>Oakland, which has long struggled with gun violence,\u003ca href=\"https://www.sfchronicle.com/crime/article/Charts-show-where-homicides-are-spiking-most-in-16942387.php\"> recorded the biggest jump in murders in the Bay Area during the pandemic\u003c/a> — an increase that actually began in the city pre-pandemic, in 2019, and continued to rise into 2021. The 2021 per-capita murder rate in Oakland dwarfs that of any other city in the region — it’s nearly double the rate of the next closest cities, Richmond and Vallejo, according to data tabulated by The San Francisco Chronicle.\u003c/p>\n\u003cp>Hardison said there’s no one factor that seems to be driving Oakland’s increase in violence — though she notes it’s disproportionately affecting the same Black and Brown communities that have long borne the brunt of crime spikes.\u003c/p>\n\u003cp>She doesn’t believe that more or fewer police on the streets is the answer. Instead, she said she’d like to see officers work more closely with the community.\u003c/p>\n\u003cp>“I do think that we need to build better relationships,” Hardison said, “because a lot of times [the police department] doesn’t even have that interaction with the community until there’s a homicide. And then at that time, everyone is pretty much treated like a criminal.”\u003c/p>\n\u003ch2>\u003cstrong>Not as simple as left or right politics\u003c/strong>\u003c/h2>\n\u003cp>Hardison’s observations speak to what some see as the oversimplification of the issue — one they say both sides in the political debate are getting wrong.\u003c/p>\n\u003cp>“We appear to be coming down off just a truly momentous increase in violence that can’t be washed away by reformers,” Rosenfeld said. “It can’t be willy-nilly attributed to progressive policies. It’s far more widespread than either of those explanations can handle.”\u003c/p>\n\u003cp>Rosenfeld said the current political debate over crime is dismaying because both progressives and conservatives are guilty of reducing a complex and tragic situation to political talking points.\u003c/p>\n\u003cp>“On the one hand, we have people who would abolish the police, whatever that could possibly mean, or greatly defund the police,” he said. “On the other hand, we have those who argue that every time there’s a crime increase, it just has to be related to the election of a progressive prosecutor or the appointment of a progressive police chief or liberals run amok in the policy circles in the city.”\u003c/p>\n\u003cp>To understand this debate in California, you need to look back at how things have changed the past few decades. Until about 10 years ago, California embraced a more conservative, law-and-order approach to criminal justice that leaned heavily on long prison sentences and resulted in overcrowded state prisons. After a \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\">U.S. Supreme Court decision\u003c/a> ordering the state to reduce its prison population, Democratic state leaders began passing reforms aimed at lowering the number of inmates and stressing rehabilitation over punishment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Violent Crime Rate in U.S. and California\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-nLoM7\" src=\"https://datawrapper.dwcdn.net/nLoM7/9/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"549\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Much of the backlash against those changes comes from law enforcement and the state’s Republican politicians. For example, police and conservatives have long pushed back against the \u003ca href=\"https://www.courts.ca.gov/prop47.htm\">changes instituted by Proposition 47\u003c/a>. The ballot measure, passed by voters in 2014, made most drug possessions a misdemeanor instead of a felony, and directed the state to use the savings (from not imprisoning as many people) on rehabilitation programs. It also brought California in line with most other states by increasing the threshold for misdemeanor shoplifting from $450 to $900.\u003c/p>\n\u003cp>As brazen shoplifting instances were caught on camera this past year, many opponents of the measure blamed it as a driving factor, saying criminals were taking advantage of what they call the state’s more lenient laws. Critics have also linked reforms like Proposition 47 to violent crime increases.\u003c/p>\n\u003ch2>The rural-urban divide\u003c/h2>\n\u003cp>But statewide data in California reveals that pandemic-related spikes in violence did not spare rural, conservative communities, which in some instances actually experienced relatively larger increases in violent crime during the pandemic than did urban centers with more progressive criminal justice policies.\u003c/p>\n\u003cp>In California, three tiny rural, conservative counties — Mono, Modoc and Tehama — experienced the largest jumps in per capita murders between 2019 and 2020 (although the actual numbers of murders and other violent crime incidents were still relatively low, as these counties have tiny populations).\u003c/p>\n\u003cp>Meanwhile, Los Angeles and San Francisco counties — where the progressive-minded top prosecutors are both facing recall attempts — did not see huge spikes in violence.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Violent Crime Rate per County, 2019-2020\" aria-label=\"Map\" id=\"datawrapper-chart-RLInh\" src=\"https://datawrapper.dwcdn.net/RLInh/4/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"1000\" height=\"817\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In larger urban areas, the biggest per capita increases in murders were in Vallejo, Inglewood and San Bernardino — which represent a mix of political leanings.\u003c/p>\n\u003cp>Rosenfeld and other criminologists say the broader homicide trends are likely driven by a confluence of factors, including the economic woes and broader social disruptions brought on by the pandemic, as well as social unrest sparked in 2020 by the murder of George Floyd. He also attributed the uptick to a pullback in policing due to COVID-19 concerns, staffing shortages and political pressure against aggressive policing practices. Increases in drug sales and use and, possibly, increased access to guns also played a role, he said.\u003c/p>\n\u003ch2>\u003cstrong>What history tells us\u003c/strong>\u003c/h2>\n\u003cp>Criminologists say that many factors over the past two years that were related to or caused by the pandemic have historically been linked to an increase in violence.\u003c/p>\n\u003cp>Among them: the wild fluctuations in the economy since the pandemic began, which hit communities of color especially hard, as well as the nationwide increase in drug use, particularly methamphetamines and fentanyl.\u003c/p>\n\u003cp>“We know that beginning in the mid ’60s and since then, economic conditions have played a role [in violent crime rates] — in particular, inflation,” Rosenfeld said, noting that as inflation stabilized, so, too, did crime rates. “The crack-cocaine era [of the 1980s and 1990s] saw an increase in violent crime associated with the drug markets of the time. And in research I’ve done and published, the opioid epidemic has also pushed up homicide rates in U.S. counties.”\u003c/p>\n\u003cp>But there are also factors that are less understood. Take the nationwide racial justice protests in the summer of 2020 that coincided with the increase in homicides. Researchers have tracked since the 1960s the correlation between social unrest — often sparked by conflicts with police — and violent crime, Rosenfeld said.\u003c/p>\n\u003cp>[aside label=\"Related Coverage\" tag=\"criminal-justice\"]It was particularly evident after the 2014 unrest in Ferguson, Missouri, sparked by the killing of Michael Brown — a young Black man — by a white police officer, he noted.\u003c/p>\n\u003cp>“And then we saw homicide rates move up very abruptly immediately after George Floyd was killed in that video that went viral in 2020,” he said. “The connection between widespread social unrest and increases in violent crime, that connection is pretty solid.”\u003c/p>\n\u003cp>But why that connection exists isn’t fully understood.\u003c/p>\n\u003cp>UC Berkeley’s Raphael noted that homicides generally increase in summer months, when the weather is warmer, the days are longer, and kids are out of school. But he agreed that the rapid spike in homicides in the summer of 2020 was well beyond seasonal fluctuations.\u003c/p>\n\u003cp>“It was certainly the case that the increase in homicide seemed to correspond with the murder of George Floyd and the protests that occurred,” he said. “The timing suggests that something happened, whether it was people unwilling to cooperate with the police or just a general sense of … social malaise that was leading to more violence, or police being more apprehensive.”\u003c/p>\n\u003ch2>The policing factor\u003c/h2>\n\u003cp>That gets to another factor: policing. While there’s not a lot of research showing a direct connection between crime rates and the length of criminal sentences pursued by prosecutors, there is evidence that suggests police presence can drive down crime, especially, said Rosenfeld, if that policing is targeted at high-risk spots or individuals likely to engage in violence or to become victims.\u003c/p>\n\u003cp>“There does appear to be an impact, that when you have more police presence, there’s lower crime rates,” Raphael added.\u003c/p>\n\u003cp>While “defund the police” was a major liberal rallying cry during the summer of 2020 — with many Democratic leaders pledging to reduce police budgets — most of those cuts never ultimately materialized, even in liberal cities like San Francisco.\u003c/p>\n\u003cp>Even so, many police departments have seen huge numbers of retirements and attrition, rendering them understaffed.\u003c/p>\n\u003cp>Rosenfeld said tackling endemic violence will require those critical of law enforcement and those in law enforcement to work together.\u003c/p>\n\u003cfigure id=\"attachment_11906965\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_7035-scaled-e1646183999545.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11906965 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_7035-scaled-e1646183999545.jpg\" alt=\"A woman sits at a table against a brick wall.\" width=\"1920\" height=\"1440\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jasmine Hardison, a violence interrupter for Youth ALIVE!, in Oakland on Feb. 14, 2022. \u003ccite>(Marisa Lago/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If police-community relationships were improved, people would be more likely to cooperate with the police when [they] are attempting to investigate crime,” he said. “That cooperation would lead to higher arrest rates and more and more and more successful prosecutions, and that could help to bring down crime.”\u003c/p>\n\u003cp>Jasmine Hardison, the Oakland violence response worker, said she and her colleagues at Youth ALIVE! will continue to not only support victims, but also work to interrupt the violence.\u003c/p>\n\u003cp>“It’s really critical that families get this type of service because when you’re faced with a crisis like this, you don’t know what to do. You don’t know where to turn,” she said.\u003c/p>\n\u003cp>Hardison said her hope is that police and the court system can provide those families justice.\u003c/p>\n\u003cp>She said most families need financial assistance, as well as help with the logistics of laying a loved one to rest. They often need help connecting with grief counselors and other mental health support. But sometimes, they also need help making sure the cycle of violence doesn’t continue.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“We’ve encountered families that when we get to the scene, there is a lot of hostility — which is to be expected,” Hardison said. “And that’s a time when our violence interrupters approach families and offer that mediation … in hopes that families don’t go out, you know, and try to retaliate.”\u003c/p>\n\n",
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"excerpt": "Many criminologists say crime spikes have little to do with liberal or conservative policies, and argue that both sides of the political debate are misguided.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>With major national and statewide increases in murders since the start of the pandemic, crime is shaping up to be a big political football in 2022. In California, it’s already dominating debate in the race for attorney general, and has largely fueled the recall attempts of at least two reform-minded county district attorneys.\u003c/p>\n\u003cp>Politicians and activists are seizing on the issue for good reason: \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/gavin-newsom-poll-job-approval-crime-fears\">Polls show voters being increasingly concerned\u003c/a> about crime in their communities.\u003c/p>\n\u003cp>While this is often framed as a red-versus-blue debate, the data shows much broader trends — like the increase in murders — playing out across the nation, regardless of the political makeup or the individual policies of a particular city, county or state. Nationally, there was an \u003ca href=\"https://www.npr.org/2021/09/27/1040904770/fbi-data-murder-increase-2020\">unprecedented spike in murders\u003c/a> in 2020 — up nearly 30% over 2019, marking the largest single-year increase ever recorded in the U.S.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"CA Violent and Property Crime Rates, 1966-2020\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-ACith\" src=\"https://datawrapper.dwcdn.net/ACith/3/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"549\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>But despite that troubling surge, the national murder rate appeared to begin receding in 2021. Meanwhile violent crime overall — and homicides in particular — remains at or near record lows throughout the U.S. The same is true in California\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I think 2020 was an outlier. California was not an outlier,” said Steven Raphael, an economist at UC Berkeley’s Goldman School of Public Policy. “There doesn’t appear to be much that’s happening here that didn’t happen in the rest of the country as well.”\u003c/p>\n\u003ch2>\u003cstrong>Bearing the brunt \u003c/strong>\u003c/h2>\n\u003cp>Republicans, law enforcement officials and other critics of the criminal justice reforms California has made over the past decade are seizing on recent high-profile property and hate crimes and murders to attack those efforts.\u003c/p>\n\u003cp>But Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, said there’s no connection between spikes in murders and the political ideology of an individual prosecutor. And there’s also no proof, he said, that states that have embraced reforms like shorter prison sentences are seeing more violence than other states.\u003c/p>\n\u003cp>He noted the uniform uptick in murders across states in 2020.\u003c/p>\n\u003cp>“When you see nearly every city go up like we did in 2020, it’s really difficult under those conditions to attribute the increase to any particular policy in any particular city,” he said. “Everybody was going up.”\u003c/p>\n\u003cp>Rosenfeld pointed to a key factor that hasn’t changed over time and tracks across the nation: Men of color, particularly Black men, are the most likely to be victims of murder.\u003c/p>\n\u003cp>“The overall level of violence, and homicide in particular, has gone way up in the last couple of years [since the pandemic began]. But the communities and the population groups that suffer most — and have historically — from high levels of violence, haven’t changed,” he said. “It’s young men of color. It’s disadvantaged communities of color that have borne the brunt of the increase.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "‘When you see nearly every city go up like we did in 2020, it’s really difficult under those conditions to attribute the increase to any particular policy in any particular city.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“So we’re not seeing a spreading out of violence to other population groups — the elderly, for example — or into affluent communities,” he added. What we’re seeing is an intensification of the violence in the very communities where historically it’s been quite high.”\u003c/p>\n\u003cp>Jasmine Hardison has experienced that heartbreaking reality firsthand — it’s her job to show up at the scene of homicides in Oakland, and help family members and other survivors cope. Hardison lost her own son to gun violence in 2016 and now works for Youth ALIVE!, a violence prevention nonprofit in the city, as program coordinator for the Khadafy Washington Project.\u003c/p>\n\u003cp>Oakland, which has long struggled with gun violence,\u003ca href=\"https://www.sfchronicle.com/crime/article/Charts-show-where-homicides-are-spiking-most-in-16942387.php\"> recorded the biggest jump in murders in the Bay Area during the pandemic\u003c/a> — an increase that actually began in the city pre-pandemic, in 2019, and continued to rise into 2021. The 2021 per-capita murder rate in Oakland dwarfs that of any other city in the region — it’s nearly double the rate of the next closest cities, Richmond and Vallejo, according to data tabulated by The San Francisco Chronicle.\u003c/p>\n\u003cp>Hardison said there’s no one factor that seems to be driving Oakland’s increase in violence — though she notes it’s disproportionately affecting the same Black and Brown communities that have long borne the brunt of crime spikes.\u003c/p>\n\u003cp>She doesn’t believe that more or fewer police on the streets is the answer. Instead, she said she’d like to see officers work more closely with the community.\u003c/p>\n\u003cp>“I do think that we need to build better relationships,” Hardison said, “because a lot of times [the police department] doesn’t even have that interaction with the community until there’s a homicide. And then at that time, everyone is pretty much treated like a criminal.”\u003c/p>\n\u003ch2>\u003cstrong>Not as simple as left or right politics\u003c/strong>\u003c/h2>\n\u003cp>Hardison’s observations speak to what some see as the oversimplification of the issue — one they say both sides in the political debate are getting wrong.\u003c/p>\n\u003cp>“We appear to be coming down off just a truly momentous increase in violence that can’t be washed away by reformers,” Rosenfeld said. “It can’t be willy-nilly attributed to progressive policies. It’s far more widespread than either of those explanations can handle.”\u003c/p>\n\u003cp>Rosenfeld said the current political debate over crime is dismaying because both progressives and conservatives are guilty of reducing a complex and tragic situation to political talking points.\u003c/p>\n\u003cp>“On the one hand, we have people who would abolish the police, whatever that could possibly mean, or greatly defund the police,” he said. “On the other hand, we have those who argue that every time there’s a crime increase, it just has to be related to the election of a progressive prosecutor or the appointment of a progressive police chief or liberals run amok in the policy circles in the city.”\u003c/p>\n\u003cp>To understand this debate in California, you need to look back at how things have changed the past few decades. Until about 10 years ago, California embraced a more conservative, law-and-order approach to criminal justice that leaned heavily on long prison sentences and resulted in overcrowded state prisons. After a \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\">U.S. Supreme Court decision\u003c/a> ordering the state to reduce its prison population, Democratic state leaders began passing reforms aimed at lowering the number of inmates and stressing rehabilitation over punishment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Violent Crime Rate in U.S. and California\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-nLoM7\" src=\"https://datawrapper.dwcdn.net/nLoM7/9/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"800\" height=\"549\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Much of the backlash against those changes comes from law enforcement and the state’s Republican politicians. For example, police and conservatives have long pushed back against the \u003ca href=\"https://www.courts.ca.gov/prop47.htm\">changes instituted by Proposition 47\u003c/a>. The ballot measure, passed by voters in 2014, made most drug possessions a misdemeanor instead of a felony, and directed the state to use the savings (from not imprisoning as many people) on rehabilitation programs. It also brought California in line with most other states by increasing the threshold for misdemeanor shoplifting from $450 to $900.\u003c/p>\n\u003cp>As brazen shoplifting instances were caught on camera this past year, many opponents of the measure blamed it as a driving factor, saying criminals were taking advantage of what they call the state’s more lenient laws. Critics have also linked reforms like Proposition 47 to violent crime increases.\u003c/p>\n\u003ch2>The rural-urban divide\u003c/h2>\n\u003cp>But statewide data in California reveals that pandemic-related spikes in violence did not spare rural, conservative communities, which in some instances actually experienced relatively larger increases in violent crime during the pandemic than did urban centers with more progressive criminal justice policies.\u003c/p>\n\u003cp>In California, three tiny rural, conservative counties — Mono, Modoc and Tehama — experienced the largest jumps in per capita murders between 2019 and 2020 (although the actual numbers of murders and other violent crime incidents were still relatively low, as these counties have tiny populations).\u003c/p>\n\u003cp>Meanwhile, Los Angeles and San Francisco counties — where the progressive-minded top prosecutors are both facing recall attempts — did not see huge spikes in violence.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Violent Crime Rate per County, 2019-2020\" aria-label=\"Map\" id=\"datawrapper-chart-RLInh\" src=\"https://datawrapper.dwcdn.net/RLInh/4/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"1000\" height=\"817\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In larger urban areas, the biggest per capita increases in murders were in Vallejo, Inglewood and San Bernardino — which represent a mix of political leanings.\u003c/p>\n\u003cp>Rosenfeld and other criminologists say the broader homicide trends are likely driven by a confluence of factors, including the economic woes and broader social disruptions brought on by the pandemic, as well as social unrest sparked in 2020 by the murder of George Floyd. He also attributed the uptick to a pullback in policing due to COVID-19 concerns, staffing shortages and political pressure against aggressive policing practices. Increases in drug sales and use and, possibly, increased access to guns also played a role, he said.\u003c/p>\n\u003ch2>\u003cstrong>What history tells us\u003c/strong>\u003c/h2>\n\u003cp>Criminologists say that many factors over the past two years that were related to or caused by the pandemic have historically been linked to an increase in violence.\u003c/p>\n\u003cp>Among them: the wild fluctuations in the economy since the pandemic began, which hit communities of color especially hard, as well as the nationwide increase in drug use, particularly methamphetamines and fentanyl.\u003c/p>\n\u003cp>“We know that beginning in the mid ’60s and since then, economic conditions have played a role [in violent crime rates] — in particular, inflation,” Rosenfeld said, noting that as inflation stabilized, so, too, did crime rates. “The crack-cocaine era [of the 1980s and 1990s] saw an increase in violent crime associated with the drug markets of the time. And in research I’ve done and published, the opioid epidemic has also pushed up homicide rates in U.S. counties.”\u003c/p>\n\u003cp>But there are also factors that are less understood. Take the nationwide racial justice protests in the summer of 2020 that coincided with the increase in homicides. Researchers have tracked since the 1960s the correlation between social unrest — often sparked by conflicts with police — and violent crime, Rosenfeld said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>It was particularly evident after the 2014 unrest in Ferguson, Missouri, sparked by the killing of Michael Brown — a young Black man — by a white police officer, he noted.\u003c/p>\n\u003cp>“And then we saw homicide rates move up very abruptly immediately after George Floyd was killed in that video that went viral in 2020,” he said. “The connection between widespread social unrest and increases in violent crime, that connection is pretty solid.”\u003c/p>\n\u003cp>But why that connection exists isn’t fully understood.\u003c/p>\n\u003cp>UC Berkeley’s Raphael noted that homicides generally increase in summer months, when the weather is warmer, the days are longer, and kids are out of school. But he agreed that the rapid spike in homicides in the summer of 2020 was well beyond seasonal fluctuations.\u003c/p>\n\u003cp>“It was certainly the case that the increase in homicide seemed to correspond with the murder of George Floyd and the protests that occurred,” he said. “The timing suggests that something happened, whether it was people unwilling to cooperate with the police or just a general sense of … social malaise that was leading to more violence, or police being more apprehensive.”\u003c/p>\n\u003ch2>The policing factor\u003c/h2>\n\u003cp>That gets to another factor: policing. While there’s not a lot of research showing a direct connection between crime rates and the length of criminal sentences pursued by prosecutors, there is evidence that suggests police presence can drive down crime, especially, said Rosenfeld, if that policing is targeted at high-risk spots or individuals likely to engage in violence or to become victims.\u003c/p>\n\u003cp>“There does appear to be an impact, that when you have more police presence, there’s lower crime rates,” Raphael added.\u003c/p>\n\u003cp>While “defund the police” was a major liberal rallying cry during the summer of 2020 — with many Democratic leaders pledging to reduce police budgets — most of those cuts never ultimately materialized, even in liberal cities like San Francisco.\u003c/p>\n\u003cp>Even so, many police departments have seen huge numbers of retirements and attrition, rendering them understaffed.\u003c/p>\n\u003cp>Rosenfeld said tackling endemic violence will require those critical of law enforcement and those in law enforcement to work together.\u003c/p>\n\u003cfigure id=\"attachment_11906965\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_7035-scaled-e1646183999545.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11906965 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/IMG_7035-scaled-e1646183999545.jpg\" alt=\"A woman sits at a table against a brick wall.\" width=\"1920\" height=\"1440\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jasmine Hardison, a violence interrupter for Youth ALIVE!, in Oakland on Feb. 14, 2022. \u003ccite>(Marisa Lago/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If police-community relationships were improved, people would be more likely to cooperate with the police when [they] are attempting to investigate crime,” he said. “That cooperation would lead to higher arrest rates and more and more and more successful prosecutions, and that could help to bring down crime.”\u003c/p>\n\u003cp>Jasmine Hardison, the Oakland violence response worker, said she and her colleagues at Youth ALIVE! will continue to not only support victims, but also work to interrupt the violence.\u003c/p>\n\u003cp>“It’s really critical that families get this type of service because when you’re faced with a crisis like this, you don’t know what to do. You don’t know where to turn,” she said.\u003c/p>\n\u003cp>Hardison said her hope is that police and the court system can provide those families justice.\u003c/p>\n\u003cp>She said most families need financial assistance, as well as help with the logistics of laying a loved one to rest. They often need help connecting with grief counselors and other mental health support. But sometimes, they also need help making sure the cycle of violence doesn’t continue.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We’ve encountered families that when we get to the scene, there is a lot of hostility — which is to be expected,” Hardison said. “And that’s a time when our violence interrupters approach families and offer that mediation … in hopes that families don’t go out, you know, and try to retaliate.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "California Workers Face Years-Long Wait for Justice in Wage Theft Cases, State Data Shows",
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"content": "\u003cp>California workers trying to hold their bosses to account for unpaid wages are waiting years just to get a hearing before the state watchdog agency tasked with investigating their cases, according to new data obtained by KQED that shows a system plagued by unprecedented delays.\u003c/p>\n\u003cp>The wait times at the state Labor Commissioner’s Office especially hurt lower-income Californians who’ve been victims of wage theft, and they allow unscrupulous employers to continue cheating workers, advocates say.\u003c/p>\n\u003cp>The delays in handling claims generally filed by individuals ballooned during the pandemic. But for years before that, the agency struggled with understaffing and was failing to meet its statutory requirement for timely hearings.\u003c/p>\n\u003cp>The California Labor Commissioner’s Office is responsible for enforcing minimum wage, overtime pay and other labor laws. By law, it must hold a hearing within 120 days of a wage complaint being filed, unless the employer settles sooner. But the average wait time statewide is nearly seven times that long — more than two years, agency figures show.\u003c/p>\n\u003cp>“This almost encourages employers to continue exploiting,” said Veronica Chavez, who directs the workers’ rights legal practice at the nonprofit Centro Legal de la Raza in Oakland. “The chances of there being repercussions seem to be very far down the line.”\u003c/p>\n\u003cp>In 2015, California workers waited 220 days on average for a hearing. That figure had nearly doubled to 417 days by 2019, and jumped again to an estimated 812 days as of last month.\u003c/p>\n\u003cp>“I want to acknowledge that that is not a number that we want to be at, at the Labor Commissioner’s Office,” Daniel Yu, the agency’s assistant chief for enforcement, told KQED.\u003c/p>\n\u003cp>“We do want to meet our statutory obligations and we want to make sure the process works effectively and efficiently, so the workers are able to get their hearings resolved as quickly as possible,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11906925\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11906925\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-800x479.png\" alt=\"\" width=\"800\" height=\"479\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-800x479.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-1020x611.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-160x96.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-1536x920.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1.png 1712w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Department of Industrial Relations, Labor Commissioner’s Office \u003ccite>(Chart by Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The severity of the problem varies among the Labor Commissioner’s 17 offices around the state, with some of the longest delays at the Oakland and San Francisco branches, data shows.[pullquote size=\"medium\" align=\"right\" citation=\"Mirna Arana, Oakland worker\"]‘I felt bad for my co-workers, too, because [the company was] doing the same to them. But if we said anything, they would have fired us, and I needed the money to pay rent.’[/pullquote]\u003c/p>\n\u003cp>Last year, the average wait time in San Francisco was 968 days, while in Oakland it reached 1,160 days, more than three years — the worst in the state.\u003c/p>\n\u003ch2>‘It’s hard to wait for so long’\u003c/h2>\n\u003cp>Mirna Arana filed a complaint with the Oakland office in June 2018, charging her employer with owing her thousands of dollars in unpaid wages. Arana, who cleaned offices and homes for a small janitorial company called Maid No. 1 Services, said her shifts often lasted 12 hours, six days a week. But her employer only paid her for six hours a day, she said.\u003c/p>\n\u003cp>“I felt like I was being exploited,” said Arana, 33, in Spanish. “I felt bad for my co-workers, too, because [the company was] doing the same to them. But if we said anything, they would have fired us, and I needed the money to pay rent.”\u003c/p>\n\u003cfigure id=\"attachment_11906893\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11906893 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Mirna Arana holds her 3-year-old son at a park in Oakland on Feb. 17, 2022. It took years for the Labor Commissioner’s Office to hear her wage claim and rule that her old employer owes her nearly $183,000. But now it’s unclear when — or if — she’ll recover the money, she said.\u003c/figcaption>\u003c/figure>\n\u003cp>It wasn’t until Arana reached out to Mujeres Unidas y Activas, a Latina immigrant community organizing group, that she realized she’d also been denied overtime pay and meal and rest breaks between 2015 and 2017. The organization connected her with a pro bono attorney who helped Arana submit a wage claim against the company and its owner, Rene A. Herrera.\u003c/p>\n\u003cp>KQED’s efforts to reach Herrera for comment were unsuccessful.\u003c/p>\n\u003cp>Arana waited more than three years for a hearing on her case. Meanwhile, she and her family struggled to buy food and keep up with rent increases. They had to move three times, she said.[aside postID=\"news_11903291,news_11903450,news_11899604\" label=\"Related Posts\"]Last December, a hearing officer with the Labor Commissioner finally ruled that Arana’s old boss owes her nearly $183,000 in unpaid wages. But by then, the company had filed for bankruptcy, she said. It’s unclear now when — or if — she will be able to collect her wages.\u003c/p>\n\u003cp>“It’s hard to wait for so long,” said Arana, who craves more stability for her sons, age 3 and 1. “The state should put more attention on these cases because [wage theft] is an injustice that’s hurting our community … We need change.”\u003c/p>\n\u003ch2>Delays discourage workers from filing claims, advocates say\u003c/h2>\n\u003cp>The Labor Commissioner’s Wage Claim Adjudication unit was originally established as a quick, no-cost alternative to state court for wage theft victims to pursue justice.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dir.ca.gov/dlse/policies.htm\">claim process\u003c/a> includes a meeting between an agency deputy and both parties to try to reach an agreement. If that fails, the next step is a court-like hearing, where an officer will judge the claim. Employers may settle with workers at any time during the process.\u003c/p>\n\u003cp>Worker advocates say this kind of enforcement mechanism is vital to protecting workers’ rights and combat paycheck violations that rob Californians of \u003ca href=\"https://www.epi.org/publication/wage-theft-2021/\">billions of dollars each year\u003c/a>.\u003c/p>\n\u003cp>But the lengthy delays dissuade wage theft victims from complaining about labor violations to the state, particularly because people living paycheck to paycheck need financial relief urgently, said María Moreno, lead organizer with the Restaurant Opportunities Center of the Bay.\u003c/p>\n\u003cp>“Our workers are not in a position to wait years for damages,” said Moreno. “By then they might already be evicted from their home, or moved on from their job.”\u003c/p>\n\u003cp>Moreno says she explains to workers that filing a claim with the Labor Commissioner is an option. But she also recommends other strategies to try to collect wages, such as drafting a demand letter to the employer outlining the violations, and organizing with other workers and advocates to pressure businesses to comply.\u003c/p>\n\u003cfigure id=\"attachment_11906926\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Per-office.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11906926\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Per-office-800x2102.png\" alt=\"\" width=\"800\" height=\"2102\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-800x2102.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-1020x2679.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-160x420.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-585x1536.png 585w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-780x2048.png 780w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office.png 1225w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Department of Industrial Relations, Labor Commissioner’s Office \u003ccite>(Chart by Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yu, the agency’s assistant chief, said the pandemic forced the agency to halt in-person hearings for a year and a half, which slowed operations significantly.\u003c/p>\n\u003cp>But even before the pandemic, understaffing was a key problem at the Labor Commissioner’s Office, which is also known as the Division of Labor Standards Enforcement. In a 2019 \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2021/FY2021_ORG7350_BCP3767.pdf\">budget request\u003c/a> to the state Legislature, agency officials said the wage adjudication unit was “drowning in stale wage claims awaiting hearing” and in desperate need of more hearing officers and other staff to process the cases.\u003c/p>\n\u003cp>Over the last two years, the agency referred more than 15,000 wage claims to a hearing — but resolved only half that number, according to the latest agency figures.\u003c/p>\n\u003cp>Meanwhile, the total number of wage claims filed did drop during the pandemic. There were 32,000 new cases filed in 2018 but just 19,000 in 2021 — possibly because businesses were shutting down or workers feared losing their jobs if they complained, officials said. But that didn’t help the agency catch up with the backlog.\u003c/p>\n\u003cp>And staffing problems remain. Currently, there are just 64 hearing officer positions statewide, according to the state Department of Finance. Nearly 20% of those positions are vacant, said Yu.\u003c/p>\n\u003ch2>‘Definitely a need for more staffing’\u003c/h2>\n\u003cp>In addition to judging the wage claims, hearing officers must handle appeals from \u003ca href=\"https://www.kqed.org/news/11903291/its-so-unfair-major-delays-at-state-labor-agency-leave-many-wage-theft-victims-uncompensated\">employers who have been cited\u003c/a> by the Labor Commissioner. Those major investigations by the agency’s Bureau of Field Enforcement typically cover violations affecting dozens or hundreds of workers.\u003c/p>\n\u003cp>But over the last year, the agency has seen significant staff turnover, including in Oakland and San Francisco, which they described as “difficult-to-hire” areas partly because of the high cost of living.\u003c/p>\n\u003cp>“There is definitely a need for more staffing,” said Yu. “The hiring of our hearing officers remains a top priority.”\u003c/p>\n\u003cp>He added that the agency will get a budget increase in July that allows for four more hearing officer positions.\u003c/p>\n\u003cp>But even if the Labor Commissioner fills all the vacancies and adds those new officers, it won’t be enough staff to get rid of the backlog, said Veronica Chavez, the labor lawyer at Centro Legal de La Raza, who has many clients with claims in Oakland and San Francisco.\u003c/p>\n\u003cp>“We do understand that the Labor Commissioner’s understaffed and we want to be supportive,” Chavez said. “But we also want this to be resolved.”\u003c/p>\n\u003cfigure id=\"attachment_11906901\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906901\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Veronica Chavez, an attorney with Centro Legal de la Raza, speaks with client Alexander about his wage claim in Oakland on Feb. 17, 2022. KQED is not using Alexander’s last name because he fears it could hurt his case. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One of her clients, an East Bay restaurant cook named Alexander, said he was only paid about $600 a week, though he often worked 12-hour shifts, seven days a week. His complaint estimates he’s owed more than $160,000. KQED is not disclosing his last name because he fears it could hurt his case.\u003c/p>\n\u003cp>Alexander said he was hopeful when he filed his claim back in September 2018.\u003c/p>\n\u003cp>Three and a half years later, he’s still waiting for a hearing. And not knowing if he’ll ever get paid has left him hopeless and depressed, he said.\u003c/p>\n\u003cp>“I’m praying to God that this can be resolved soon, that the state starts working harder so they can solve this problem,” said Alexander, who supports his wife and teenage son.\u003c/p>\n\u003cp>San Jose state Assemblymember Ash Kalra, who chairs the Assembly’s Labor and Employment Committee, said he understands workers are frustrated that they’re not getting justice in a timely manner.\u003c/p>\n\u003cp>“Delays that go on for years are completely unacceptable and we have to do better,” Kalra told KQED.\u003c/p>\n\u003cp>Kalra said he is ready to work with the administration and push for more resources for the Labor Commissioner’s Office. He suggests making the job of hearing officer more attractive, so the agency can compete for candidates who might otherwise go to the private sector.\u003c/p>\n\u003cp>“You also have to have the job classifications pay more,” he said. “That’s not something that can necessarily be legislated, but it is something the administration should look at.”\u003c/p>\n\u003cp>The salary for new hearing officers, whose position is officially known as Deputy Labor Commissioner II, ranges from $6,500 to $8,360 per month, according to the state’s \u003ca href=\"https://www.calhr.ca.gov/Pay%20Scales%20Library/PS_Sec_15.pdf\">civil service pay scale\u003c/a>. Candidates must be college graduates with experience in industrial relations management or negotiation of labor agreements, among \u003ca href=\"https://www.calhr.ca.gov/state-hr-professionals/Pages/9502.aspx\">several requirements\u003c/a>.\u003c/p>\n\u003cp>Governor Gavin Newsom’s proposed budget includes $145 million for the Labor Commissioner’s Office, about a $10 million increase from the current fiscal year. The new money would fund 145 more positions across the agency, including for wage claim adjudication.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The delays for hearings worsened during the pandemic, but staffing shortages are longstanding, a KQED investigation found. The Labor Commissioner's Oakland and San Francisco offices have struggled with some of the longest wait times.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California workers trying to hold their bosses to account for unpaid wages are waiting years just to get a hearing before the state watchdog agency tasked with investigating their cases, according to new data obtained by KQED that shows a system plagued by unprecedented delays.\u003c/p>\n\u003cp>The wait times at the state Labor Commissioner’s Office especially hurt lower-income Californians who’ve been victims of wage theft, and they allow unscrupulous employers to continue cheating workers, advocates say.\u003c/p>\n\u003cp>The delays in handling claims generally filed by individuals ballooned during the pandemic. But for years before that, the agency struggled with understaffing and was failing to meet its statutory requirement for timely hearings.\u003c/p>\n\u003cp>The California Labor Commissioner’s Office is responsible for enforcing minimum wage, overtime pay and other labor laws. By law, it must hold a hearing within 120 days of a wage complaint being filed, unless the employer settles sooner. But the average wait time statewide is nearly seven times that long — more than two years, agency figures show.\u003c/p>\n\u003cp>“This almost encourages employers to continue exploiting,” said Veronica Chavez, who directs the workers’ rights legal practice at the nonprofit Centro Legal de la Raza in Oakland. “The chances of there being repercussions seem to be very far down the line.”\u003c/p>\n\u003cp>In 2015, California workers waited 220 days on average for a hearing. That figure had nearly doubled to 417 days by 2019, and jumped again to an estimated 812 days as of last month.\u003c/p>\n\u003cp>“I want to acknowledge that that is not a number that we want to be at, at the Labor Commissioner’s Office,” Daniel Yu, the agency’s assistant chief for enforcement, told KQED.\u003c/p>\n\u003cp>“We do want to meet our statutory obligations and we want to make sure the process works effectively and efficiently, so the workers are able to get their hearings resolved as quickly as possible,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11906925\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11906925\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-800x479.png\" alt=\"\" width=\"800\" height=\"479\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-800x479.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-1020x611.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-160x96.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1-1536x920.png 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/JPcCG-span-style-text-align-center-ca-wage-theft-claims-nbsp-span-span-style-text-align-center-estimated-average-days-from-docket-to-hearing-nbsp-span-1.png 1712w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Department of Industrial Relations, Labor Commissioner’s Office \u003ccite>(Chart by Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The severity of the problem varies among the Labor Commissioner’s 17 offices around the state, with some of the longest delays at the Oakland and San Francisco branches, data shows.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last year, the average wait time in San Francisco was 968 days, while in Oakland it reached 1,160 days, more than three years — the worst in the state.\u003c/p>\n\u003ch2>‘It’s hard to wait for so long’\u003c/h2>\n\u003cp>Mirna Arana filed a complaint with the Oakland office in June 2018, charging her employer with owing her thousands of dollars in unpaid wages. Arana, who cleaned offices and homes for a small janitorial company called Maid No. 1 Services, said her shifts often lasted 12 hours, six days a week. But her employer only paid her for six hours a day, she said.\u003c/p>\n\u003cp>“I felt like I was being exploited,” said Arana, 33, in Spanish. “I felt bad for my co-workers, too, because [the company was] doing the same to them. But if we said anything, they would have fired us, and I needed the money to pay rent.”\u003c/p>\n\u003cfigure id=\"attachment_11906893\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11906893 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53933_IMG_2360-Mirna-holds-Aaron-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Mirna Arana holds her 3-year-old son at a park in Oakland on Feb. 17, 2022. It took years for the Labor Commissioner’s Office to hear her wage claim and rule that her old employer owes her nearly $183,000. But now it’s unclear when — or if — she’ll recover the money, she said.\u003c/figcaption>\u003c/figure>\n\u003cp>It wasn’t until Arana reached out to Mujeres Unidas y Activas, a Latina immigrant community organizing group, that she realized she’d also been denied overtime pay and meal and rest breaks between 2015 and 2017. The organization connected her with a pro bono attorney who helped Arana submit a wage claim against the company and its owner, Rene A. Herrera.\u003c/p>\n\u003cp>KQED’s efforts to reach Herrera for comment were unsuccessful.\u003c/p>\n\u003cp>Arana waited more than three years for a hearing on her case. Meanwhile, she and her family struggled to buy food and keep up with rent increases. They had to move three times, she said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Last December, a hearing officer with the Labor Commissioner finally ruled that Arana’s old boss owes her nearly $183,000 in unpaid wages. But by then, the company had filed for bankruptcy, she said. It’s unclear now when — or if — she will be able to collect her wages.\u003c/p>\n\u003cp>“It’s hard to wait for so long,” said Arana, who craves more stability for her sons, age 3 and 1. “The state should put more attention on these cases because [wage theft] is an injustice that’s hurting our community … We need change.”\u003c/p>\n\u003ch2>Delays discourage workers from filing claims, advocates say\u003c/h2>\n\u003cp>The Labor Commissioner’s Wage Claim Adjudication unit was originally established as a quick, no-cost alternative to state court for wage theft victims to pursue justice.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dir.ca.gov/dlse/policies.htm\">claim process\u003c/a> includes a meeting between an agency deputy and both parties to try to reach an agreement. If that fails, the next step is a court-like hearing, where an officer will judge the claim. Employers may settle with workers at any time during the process.\u003c/p>\n\u003cp>Worker advocates say this kind of enforcement mechanism is vital to protecting workers’ rights and combat paycheck violations that rob Californians of \u003ca href=\"https://www.epi.org/publication/wage-theft-2021/\">billions of dollars each year\u003c/a>.\u003c/p>\n\u003cp>But the lengthy delays dissuade wage theft victims from complaining about labor violations to the state, particularly because people living paycheck to paycheck need financial relief urgently, said María Moreno, lead organizer with the Restaurant Opportunities Center of the Bay.\u003c/p>\n\u003cp>“Our workers are not in a position to wait years for damages,” said Moreno. “By then they might already be evicted from their home, or moved on from their job.”\u003c/p>\n\u003cp>Moreno says she explains to workers that filing a claim with the Labor Commissioner is an option. But she also recommends other strategies to try to collect wages, such as drafting a demand letter to the employer outlining the violations, and organizing with other workers and advocates to pressure businesses to comply.\u003c/p>\n\u003cfigure id=\"attachment_11906926\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Per-office.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11906926\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/Per-office-800x2102.png\" alt=\"\" width=\"800\" height=\"2102\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-800x2102.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-1020x2679.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-160x420.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-585x1536.png 585w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office-780x2048.png 780w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/Per-office.png 1225w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Department of Industrial Relations, Labor Commissioner’s Office \u003ccite>(Chart by Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Yu, the agency’s assistant chief, said the pandemic forced the agency to halt in-person hearings for a year and a half, which slowed operations significantly.\u003c/p>\n\u003cp>But even before the pandemic, understaffing was a key problem at the Labor Commissioner’s Office, which is also known as the Division of Labor Standards Enforcement. In a 2019 \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2021/FY2021_ORG7350_BCP3767.pdf\">budget request\u003c/a> to the state Legislature, agency officials said the wage adjudication unit was “drowning in stale wage claims awaiting hearing” and in desperate need of more hearing officers and other staff to process the cases.\u003c/p>\n\u003cp>Over the last two years, the agency referred more than 15,000 wage claims to a hearing — but resolved only half that number, according to the latest agency figures.\u003c/p>\n\u003cp>Meanwhile, the total number of wage claims filed did drop during the pandemic. There were 32,000 new cases filed in 2018 but just 19,000 in 2021 — possibly because businesses were shutting down or workers feared losing their jobs if they complained, officials said. But that didn’t help the agency catch up with the backlog.\u003c/p>\n\u003cp>And staffing problems remain. Currently, there are just 64 hearing officer positions statewide, according to the state Department of Finance. Nearly 20% of those positions are vacant, said Yu.\u003c/p>\n\u003ch2>‘Definitely a need for more staffing’\u003c/h2>\n\u003cp>In addition to judging the wage claims, hearing officers must handle appeals from \u003ca href=\"https://www.kqed.org/news/11903291/its-so-unfair-major-delays-at-state-labor-agency-leave-many-wage-theft-victims-uncompensated\">employers who have been cited\u003c/a> by the Labor Commissioner. Those major investigations by the agency’s Bureau of Field Enforcement typically cover violations affecting dozens or hundreds of workers.\u003c/p>\n\u003cp>But over the last year, the agency has seen significant staff turnover, including in Oakland and San Francisco, which they described as “difficult-to-hire” areas partly because of the high cost of living.\u003c/p>\n\u003cp>“There is definitely a need for more staffing,” said Yu. “The hiring of our hearing officers remains a top priority.”\u003c/p>\n\u003cp>He added that the agency will get a budget increase in July that allows for four more hearing officer positions.\u003c/p>\n\u003cp>But even if the Labor Commissioner fills all the vacancies and adds those new officers, it won’t be enough staff to get rid of the backlog, said Veronica Chavez, the labor lawyer at Centro Legal de La Raza, who has many clients with claims in Oakland and San Francisco.\u003c/p>\n\u003cp>“We do understand that the Labor Commissioner’s understaffed and we want to be supportive,” Chavez said. “But we also want this to be resolved.”\u003c/p>\n\u003cfigure id=\"attachment_11906901\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11906901\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/03/RS53935_IMG_2395-Veronica-and-Alexander-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Veronica Chavez, an attorney with Centro Legal de la Raza, speaks with client Alexander about his wage claim in Oakland on Feb. 17, 2022. KQED is not using Alexander’s last name because he fears it could hurt his case. \u003ccite>(Farida Jhabvala Romero/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One of her clients, an East Bay restaurant cook named Alexander, said he was only paid about $600 a week, though he often worked 12-hour shifts, seven days a week. His complaint estimates he’s owed more than $160,000. KQED is not disclosing his last name because he fears it could hurt his case.\u003c/p>\n\u003cp>Alexander said he was hopeful when he filed his claim back in September 2018.\u003c/p>\n\u003cp>Three and a half years later, he’s still waiting for a hearing. And not knowing if he’ll ever get paid has left him hopeless and depressed, he said.\u003c/p>\n\u003cp>“I’m praying to God that this can be resolved soon, that the state starts working harder so they can solve this problem,” said Alexander, who supports his wife and teenage son.\u003c/p>\n\u003cp>San Jose state Assemblymember Ash Kalra, who chairs the Assembly’s Labor and Employment Committee, said he understands workers are frustrated that they’re not getting justice in a timely manner.\u003c/p>\n\u003cp>“Delays that go on for years are completely unacceptable and we have to do better,” Kalra told KQED.\u003c/p>\n\u003cp>Kalra said he is ready to work with the administration and push for more resources for the Labor Commissioner’s Office. He suggests making the job of hearing officer more attractive, so the agency can compete for candidates who might otherwise go to the private sector.\u003c/p>\n\u003cp>“You also have to have the job classifications pay more,” he said. “That’s not something that can necessarily be legislated, but it is something the administration should look at.”\u003c/p>\n\u003cp>The salary for new hearing officers, whose position is officially known as Deputy Labor Commissioner II, ranges from $6,500 to $8,360 per month, according to the state’s \u003ca href=\"https://www.calhr.ca.gov/Pay%20Scales%20Library/PS_Sec_15.pdf\">civil service pay scale\u003c/a>. Candidates must be college graduates with experience in industrial relations management or negotiation of labor agreements, among \u003ca href=\"https://www.calhr.ca.gov/state-hr-professionals/Pages/9502.aspx\">several requirements\u003c/a>.\u003c/p>\n\u003cp>Governor Gavin Newsom’s proposed budget includes $145 million for the Labor Commissioner’s Office, about a $10 million increase from the current fiscal year. The new money would fund 145 more positions across the agency, including for wage claim adjudication.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/unitednations_022522_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11906569\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/unitednations_022522_final.png\" alt=\"Cartoon: a comparison of "how it started" versus "how it's going." On the "started" side, we see an old-time shot of people celebrating the founding of the UN, "a new era of peace!" On the "going" side, we see a hand holding a smart phone that reads, "Russia invades Ukraine," "Ukraine on its own."\" width=\"1920\" height=\"1204\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-800x502.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-1020x640.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-160x100.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-1536x963.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003ca href=\"https://bit.ly/fioreukraineprotest\">Hundreds of Ukrainian Americans protested Russia’s invasion of Ukraine on Thursday\u003c/a>, just steps from where the \u003ca href=\"https://www.un.org/en/about-us/un-charter/preamble\">United Nations Charter\u003c/a> was first signed in San Francisco in 1945, when nations pledged to “practice tolerance and live together in peace with one another as good neighbors.”\u003c/p>\n\u003cp>The United Nations, which \u003ca href=\"https://www.unmultimedia.org/avlibrary/asset/1288/1288630/\">began with such high hopes here in San Francisco\u003c/a>, seems particularly feckless during the current war in Europe.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdnapisec.kaltura.com/p/2503451/sp/250345100/embedIframeJs/uiconf_id/43914941/partner_id/2503451?iframeembed=true&playerId=kVideoTarget&entry_id=1_tspvcv3t&flashvars=auto\" width=\"800\" height=\"395\" allow=\"autoplay *; fullscreen *; encrypted-media *\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Even if the U.N. came out with a strongly worded statement condemning the Russian invasion, Russia could simply veto it since they hold a permanent seat on the security council. \u003ca href=\"https://www.aljazeera.com/news/2022/2/25/unsc-to-vote-on-resolution-condemning-russia-invasion-liveblog\">And that’s exactly what happened on Friday.\u003c/a>\u003c/p>\n\u003cp>(Not that a strongly worded resolution repels tanks.)\u003c/p>\n\u003cp>You know your odds are long when your \u003ca href=\"https://www.businessinsider.com/ukraine-kyiv-residents-molotov-cocktails-russia-advances-2022-2\">defense ministry distributes the recipe for Molotov cocktails\u003c/a> in hopes civilians will help repel the Russian invaders.\u003c/p>\n\u003cp>Here are some ways you can \u003ca href=\"https://www.kqed.org/news/11906497/want-to-support-the-people-in-ukraine-heres-how-you-can-help\">help the people of Ukraine\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/unitednations_022522_final.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-11906569\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/02/unitednations_022522_final.png\" alt=\"Cartoon: a comparison of "how it started" versus "how it's going." On the "started" side, we see an old-time shot of people celebrating the founding of the UN, "a new era of peace!" On the "going" side, we see a hand holding a smart phone that reads, "Russia invades Ukraine," "Ukraine on its own."\" width=\"1920\" height=\"1204\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final.png 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-800x502.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-1020x640.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-160x100.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/02/unitednations_022522_final-1536x963.png 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003ca href=\"https://bit.ly/fioreukraineprotest\">Hundreds of Ukrainian Americans protested Russia’s invasion of Ukraine on Thursday\u003c/a>, just steps from where the \u003ca href=\"https://www.un.org/en/about-us/un-charter/preamble\">United Nations Charter\u003c/a> was first signed in San Francisco in 1945, when nations pledged to “practice tolerance and live together in peace with one another as good neighbors.”\u003c/p>\n\u003cp>The United Nations, which \u003ca href=\"https://www.unmultimedia.org/avlibrary/asset/1288/1288630/\">began with such high hopes here in San Francisco\u003c/a>, seems particularly feckless during the current war in Europe.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://cdnapisec.kaltura.com/p/2503451/sp/250345100/embedIframeJs/uiconf_id/43914941/partner_id/2503451?iframeembed=true&playerId=kVideoTarget&entry_id=1_tspvcv3t&flashvars=auto\" width=\"800\" height=\"395\" allow=\"autoplay *; fullscreen *; encrypted-media *\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Even if the U.N. came out with a strongly worded statement condemning the Russian invasion, Russia could simply veto it since they hold a permanent seat on the security council. \u003ca href=\"https://www.aljazeera.com/news/2022/2/25/unsc-to-vote-on-resolution-condemning-russia-invasion-liveblog\">And that’s exactly what happened on Friday.\u003c/a>\u003c/p>\n\u003cp>(Not that a strongly worded resolution repels tanks.)\u003c/p>\n\u003cp>You know your odds are long when your \u003ca href=\"https://www.businessinsider.com/ukraine-kyiv-residents-molotov-cocktails-russia-advances-2022-2\">defense ministry distributes the recipe for Molotov cocktails\u003c/a> in hopes civilians will help repel the Russian invaders.\u003c/p>\n\u003cp>Here are some ways you can \u003ca href=\"https://www.kqed.org/news/11906497/want-to-support-the-people-in-ukraine-heres-how-you-can-help\">help the people of Ukraine\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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