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"disqusTitle": "All Too Often, California’s Default Mental Institutions Are Now Jails and Prisons",
"title": "All Too Often, California’s Default Mental Institutions Are Now Jails and Prisons",
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"content": "\u003cp>[dropcap]J[/dropcap]effrey Jurgens stood in a cage in an orange jumpsuit, screaming that he was Jesus Christ. From her seat in the Sacramento courtroom, his mother watched through tears. Joanna Jurgens knew how important it was for the district attorney prosecuting Jeffrey for stealing a car—and the judge deciding his fate—to see the extent of her son’s illness. But it was torture to watch.\u003c/p>\n\u003cp>For years, she had begged judges to steer Jeffrey, who has schizoaffective disorder, into long-term treatment. She worried he would get hurt. She feared he could hurt someone else.\u003c/p>\n\u003cp>Joanna, 56, knew Jeffrey, who was 22 at the time of that 2014 hearing, did not belong behind bars. But after struggling to stabilize him through treatment in the community, she’d become convinced the criminal justice system was her last hope.\u003c/p>\n\u003cp>These days, the main path to treatment at a state psychiatric hospital is through jail. However controversial those state hospitals may be, many families conclude they are the best option for their loved ones.\u003c/p>\n\u003cp>“That is a sad state of affairs in our society, that only when you get locked up does it become a priority to get you treatment,” said Los Angeles District Attorney Jackie Lacey, who said she’s heard many parents describe similar feelings of desperation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Perhaps nowhere is California’s mental health crisis more evident than in its criminal justice system. After decades of failure to create and fund policies that effectively help people with serious mental illnesses, many now say the jails and prisons have become the state’s default mental institutions.\u003c/p>\n\u003cp>\u003ca href=\"https://law.stanford.edu/wp-content/uploads/2017/05/Stanford-Report-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">Close to a third of California’s inmates\u003c/a> have a documented serious mental illness, according to the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>“We’re going to end up with an incarceration system that’s mainly dealing with people that have serious mental health problems,” said Democratic Sen. Jim Beall of San Jose. “It’s our own fault, in a way, for not having a good mental health system.”\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1-.jpg\">\u003cimg class=\"aligncenter size-medium wp-image-11723765\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--800x750.jpg\" alt=\"\" width=\"800\" height=\"750\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--800x750.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--160x150.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1020x956.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1200x1124.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1920x1799.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In the past five years, the number of people in California who were deemed incompetent to stand trial after arrest—and ordered sent to state hospitals for treatment—increased by 60 percent, state figures show. Judges make such referrals when doctors determine that defendants are unable to understand legal proceedings or cooperate with their attorneys—the goal generally being that they get stabilized and then return to stand trial.\u003c/p>\n\u003cp>Often this leaves people who need mental health treatment stuck in county jails. Inmates in Jeffrey’s condition can wait in limbo for months, or even years, before being sent to a state hospital.\u003c/p>\n\u003cp>Five years ago, an average of 343 inmates with mental illness were awaiting placement. Last year, that number shot up to 819.\u003c/p>\n\u003cp>The increasing number of people deemed incompetent to stand trial may also reflect changing attitudes among public defenders, who now see questioning someone’s competency as an avenue to a more therapeutic environment, said David Meyer, professor with the USC Institute of Psychiatry, Law, and Behavioral Science. Forty years ago, “we would never, ever refer somebody for incompetency proceedings if we could in any way get away with it,” he said. “People would be incarcerated for mental health treatment at a state hospital for a longer time than they would serve if they simply pled guilty.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/629df325-41a8-4d8c-8ec9-02ce2bc573d9?src=embed\" title=\"Criminal referrals swamp state mental hospitals grouped graphics\" width=\"800\" height=\"900\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>One major reason for the growing waitlist is that, while the number of state hospital beds has increased, it has not kept pace with the need. State hospitals now have more than 6,200 beds—a significant portion of which are reserved for other needs. In recent years, the state has added about 700 hospital and “jail-based competency restoration” beds.\u003c/p>\n\u003cp>A few decades ago, fewer than half of state hospital patients came from the criminal justice system. Today \u003ca href=\"http://www.dsh.ca.gov/Publications/docs/ADA2017AnnualRept.pdf\" target=\"_blank\" rel=\"noopener\">more than 90 percent\u003c/a> of them do—with more than a fifth of those individuals found incompetent to stand trial. The next largest group were tried and found not guilty by reason of insanity.\u003c/p>\n\u003cp>“We have hundreds of people sitting in our (community) hospitals right now who could benefit from a long-term stay at a state hospital, but we can’t get them in there,” said Sheree Lowe, vice president of behavioral health for the California Hospital Association.\u003c/p>\n\u003cp>That said, many experts believe state hospital stays are so restrictive and expensive that solutions to the crisis must be found elsewhere. The broader issue is that society is “letting people get so sick” they end up in jails and emergency rooms, Lowe said.\u003c/p>\n\u003cp>Jennifer Mathis, director of policy and legal advocacy at the Bazelon Center for Mental Health Law, describes state hospitals as “kind of like living in prison.”\u003c/p>\n\u003cp>“It’s not really a life on a long-term basis,” she said, but added that many families have gone so long without good community mental health services for their loved ones they see no other real option.\u003c/p>\n\u003cp>State data show that 47 percent of the inmates who were found incompetent to stand trial last year had no Medi-Cal mental health services during the six months before they landed in jail. Almost half were unsheltered; in many cases, the charges they faced were directly related to their homelessness and untreated psychosis, according to the Department of State Hospitals.\u003c/p>\n\u003cp>It was not that the system didn’t know them, though. In Napa State Hospital, state data show, nearly half of the people who were incompetent to stand trial had been arrested 15 or more times before they were deemed incompetent.\u003c/p>\n\u003cp>____\u003c/p>\n\u003cp>[dropcap]J[/dropcap]oanna Jurgens’ memories of Jeffrey’s childhood—soccer games and fishing trips and visits to the snow—have been obscured by the shadow of his illness. As a little boy, he acted out so much it was hard to keep him in preschool. By middle school, she was receiving daily calls from the principal’s office. Freshman year in high school, he started getting into fights and brought a knife to school.\u003c/p>\n\u003cfigure id=\"attachment_11723762\" class=\"wp-caption alignleft\" style=\"max-width: 360px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png\">\u003cimg class=\"size-full wp-image-11723762\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png\" alt=\"\" width=\"360\" height=\"640\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png 360w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1-160x284.png 160w\" sizes=\"(max-width: 360px) 100vw, 360px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Jurgens at age 5.\u003c/figcaption>\u003c/figure>\n\u003cp>Unable to control his behavior, Joanna—who operates a clinic for UC Davis Medical Center—and her ex-husband prevailed upon the school district to send their son to a locked residential program in Utah. The structure appeared to help. But after nine months, she said, he returned home, and the same behaviors resurfaced.\u003c/p>\n\u003cp>That Thanksgiving, when Jeffrey was 17, his mother drove him to his grandmother’s house in Tahoe. He couldn’t stop obsessing about a white car he thought was trailing them, which he insisted carried either government agents or the CIA.\u003c/p>\n\u003cp>Joanna took him to psychiatrist after psychiatrist. They put him on mood stabilizers and, eventually, anti-psychotics. He continued to spiral. Marijuana made the symptoms worse. He stole Joanna’s car again and again. Then, at 19, Jeffrey stole a friend’s parents’ car. They pressed charges.\u003c/p>\n\u003cp>“He needs help and I don’t know what to do,” Joanna remembers telling an El Dorado County judge around 2010. “We’re waiting for a disaster to happen.”\u003c/p>\n\u003cp>The judge was sympathetic, but told Joanna his hands were tied. He sent Jeffrey to jail for 90 days. After he got out, Jeffrey was on and off the streets, lost in a haze of street drugs and psychosis.\u003c/p>\n\u003cp>Over and over, he’d land in psychiatric hospitals. But each time he’d stabilize after a few weeks and his insurance provider would insist he be discharged, Joanna said. Joanna was certain her son needed longer-term inpatient treatment. She begged doctors to put him under a conservatorship, allowing a legal guardian to make decisions on his behalf.\u003c/p>\n\u003cp>A doctor who saw him at Sierra Vista Hospital in Sacramento agreed with her, Joanna said. Jeffrey spent six weeks there while the doctor pushed for him to be conserved. The county refused—Joanna remembers being told that Jeffrey needed to fail out of community treatment once more to be eligible.\u003c/p>\n\u003cp>Michelle Lazark, who at the time worked on the Sacramento Police Department’s mobile crisis unit, remembered the first time she came upon the disheveled-looking young man wearing tattered clothes and no shoes.\u003c/p>\n\u003cp>“Are you a new guy?” she asked. Jeffrey told her his name. Lazark asked if she could call his mom.\u003c/p>\n\u003cfigure id=\"attachment_11723761\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg\">\u003cimg class=\"wp-image-11723761\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg\" alt=\"\" width=\"1920\" height=\"1303\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg 4820w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1200x814.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1920x1303.jpg 1920w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Lazark, a Sacramento police officer who works in the Mental Health Unit, put Jeffrey Jurgens back in touch with his mother. \u003ccite>(Randy Pench/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Oh my God,” Joanna said after she picked up the phone. “Where did you find him?”\u003c/p>\n\u003cp>Over the years, Lazark would often help Joanna search for Jeffrey. Sometimes he was relatively lucid, and she’d share her sandwich with him and chat. Other times she took him to the hospital. If he was self-medicating with meth, she’d take him to jail for a few hours to sober up.\u003c/p>\n\u003cp>“You want to protect them and you want to take them to a safe place where they can detox,” Lazark said. “If that was jail, then that’s what I would do every time. It’s not criminalizing it, it’s keeping them safe.”\u003c/p>\n\u003cp>But not all interactions with law enforcement went well.\u003c/p>\n\u003cp>In 2012, two CHP officers saw him driving a stolen car the wrong way down a one-way street in Sacramento. After a high-speed chase, he came to a stop. A lawsuit filed by the family in federal court said that although he was unarmed and had raised his hands, officers began kicking and beating him with their batons, leaving him with a broken hand and a traumatic brain injury—and then high-fived each other.\u003c/p>\n\u003cp>After an in-car camera video of the incident came out, the district attorney dropped charges against Jeffrey. Last spring, Jeffrey received \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2018/05/Jurgens-CHP-SETTLEMENT.pdf\" target=\"_blank\" rel=\"noopener\">a $1 million settlement\u003c/a>. (The officers involved all remain employed by the CHP).\u003c/p>\n\u003cp>The day he was discharged from jail, Jeffrey disappeared back into homelessness, said his attorney, Beau Weiner. Months later, on Dec. 5, 2013, he stole a car from valet parking in downtown Sacramento and was peacefully apprehended.\u003c/p>\n\u003cp>Twice a week, his mother visited him in jail.\u003c/p>\n\u003cp>“I see you in here a lot,” she remembers a security officer telling her one day.\u003c/p>\n\u003cp>“I visit my son,” she said.\u003c/p>\n\u003cp>“He probably doesn’t deserve it,” the officer said.\u003c/p>\n\u003cp>Joanna Jurgens looked at him sadly. Why bother trying to explain?\u003c/p>\n\u003cp>“You don’t know the whole situation,” she said.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>[dropcap]B[/dropcap]ecause their mental illness leaves them so vulnerable, inmates in that condition are often kept in solitary confinement for their own protection. But extended stays in solitary exacerbate their mental illnesses, too.\u003c/p>\n\u003cp>“You put a bird in a cage, you got to let him out sometime, or he’ll die,” says Samuel Mays, whose adult son, Lorenzo, has been in Sacramento County Jail for eight years waiting to be declared competent. Lorenzo Mays, who has cognitive delays as well as mental illness, is the lead plaintiff in a class action complaint being brought by Disability Rights California against Sacramento County. The complaint cites overcrowding, understaffing and “dangerous, inhumane and degrading conditions,” including use of extended solitary confinement on inmates with serious mental illness.\u003c/p>\n\u003cp>“He’s suffering,” Samuel Mays said of his son. “You can only take so much of that.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/dc3a4f7c-1557-4c9e-a357-cd680f620e49?src=embed\" title=\"mental illness\" width=\"800\" height=\"800\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Douglas Clark, who landed in jail on an attempted burglary charge in 2009, picked up a new charge in prison after throwing feces at a correctional officer. Clark, who has schizophrenia and hears spirits talking to him, was found incompetent to stand trial, said his mother Tammy Clark. He was sent to regain competency at the state hospital. He returned to jail to be tried, she said, but went off his medication, or had it changed, and then became mentally unstable again. That cycle keeps repeating, she said.\u003c/p>\n\u003cp>She tries not to seem upset when she talks to him—she wants to be “a light” in his dark world.\u003c/p>\n\u003cp>But sometimes he can tell she’s been crying. “It’s so disheartening,” she said.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>[dropcap]E[/dropcap]ven as the population of inmates with mental illness burgeons, some advocates see the beginning signs of hope.\u003c/p>\n\u003cp>Sen. Beall, who himself has a family member with schizoaffective disorder, said the administrations of former governors Arnold Schwarzenegger and Jerry Brown rebuffed policy proposals meant to make comprehensive mental health services available in the community.\u003c/p>\n\u003cp>But last year, Brown signed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1810\" target=\"_blank\" rel=\"noopener\">provision\u003c/a> to allow courts to divert certain offenders with mental illness into community-based inpatient or outpatient treatment programs, and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1187\" target=\"_blank\" rel=\"noopener\">another\u003c/a> to reduce the maximum wait time for an inmate to become competent to stand trial—from three years to two.\u003c/p>\n\u003cfigure id=\"attachment_11723760\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg\">\u003cimg class=\"wp-image-11723760\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg\" alt=\"\" width=\"1920\" height=\"1302\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg 4786w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1200x814.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1920x1302.jpg 1920w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joanna Jurgens reflects on her son Jeffrey, who has struggled with mental illness and is now living at Atascadero State Hospital after stealing a car. \u003ccite>(Randy Pench/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, Gov. Gavin Newsom proposed a state budget that includes tens of millions of dollars for mental health programs, including training law enforcement officers on crisis de-escalation. The budget would also provide one-time grants to treat young people experiencing early psychosis and $100 million for “whole person care” programs that seek to address the housing, health, mental health and substance abuse needs of people experiencing homelessness.\u003c/p>\n\u003cp>Judge Stephen Manley started one of the nation’s first mental health courts in Santa Clara County more than 20 years ago. In these courts, public defenders, prosecutors, judges and social service providers work together to connect people with mental illness who have been arrested for certain crimes with services and treatment, with a goal of keeping them out of jail.\u003c/p>\n\u003cp>“Everyone wants to tell me, ‘It’s so complex, we can’t solve it.’” Manley said. “And I say, ‘No, you can. Get together and figure out what you can do.’”\u003c/p>\n\u003cp>Over the years, the model has expanded to counties around California.\u003c/p>\n\u003cp>On a recent afternoon in Department 8 in the downtown Sacramento courthouse, Judge Lawrence Brown called up the mental health court participants one by one. He complimented a woman’s red hat, another man’s poncho. He ribbed those who had a lot of hair, contrasting it with his own balding pate.\u003c/p>\n\u003cp>Standing alongside their public defenders, some participants beamed as he lauded their progress staying on medications and off drugs, getting jobs and doing their dishes. Others squirmed uncomfortably in the spotlight. One woman’s voice cracked as she described her troubled relationship with her mother.\u003c/p>\n\u003cp>“The fact that you’re taking all of these steps to take care of yourself, we’re behind you 1,000 percent,” the judge told her.\u003c/p>\n\u003cp>Brown, who has run the county’s mental health court since 2013 and has helped it to expand, says he’s been drawn to the work because of the “humanity of it all.”\u003c/p>\n\u003cp>“Keeping them in jail once they’re back on their medication is not a very compassionate approach,” he said. “They’re living a nightmare being behind bars. That setting of being in a cell, with loud noises, is not an opportune manner in which to address serious mental illness.”\u003c/p>\n\u003cp>For now, though, such courts still only serve a fraction of the ballooning need. Sex offenders, arson registrants, active gang members, those who have caused great bodily injury or death, and those arrested for driving under the influence are among those who are typically excluded. And many such courts aren’t designed to serve those who are incompetent to stand trial.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>[dropcap]J[/dropcap]effrey Jurgens doesn’t remember much about the months he waited in jail to get a bed at Atascadero State Hospital—one of the five state hospitals that house people with serious mental illness. Reached over the phone there, Jurgens, now 27, said at first only that being in jail “doesn’t feel too good.”\u003c/p>\n\u003cfigure id=\"attachment_11723763\" class=\"wp-caption alignright\" style=\"max-width: 1242px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png\">\u003cimg class=\"size-full wp-image-11723763\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png\" alt=\"\" width=\"1242\" height=\"2208\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png 1242w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-160x284.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-800x1422.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-1020x1813.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-675x1200.png 675w\" sizes=\"(max-width: 1242px) 100vw, 1242px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Jurgens at Atascadero State Hospital couple of years ago, surrounded by his parents.\u003c/figcaption>\u003c/figure>\n\u003cp>After his mother prompted him, he recalled being periodically locked in solitary confinement at the Sacramento County Jail after he was arrested in December 2013, alone with the voices, emerging—in her memory—for just an hour every couple of days.\u003c/p>\n\u003cp>“It was a bummer,” he said quietly. “I was going a little stir crazy. I didn’t know what to do, what to think. Nobody would help me while I was there. They just pushed me off because I wasn’t like everyone else.”\u003c/p>\n\u003cp>His mother figures it’s good he doesn’t remember more. Because she does.\u003c/p>\n\u003cp>She remembers the day he called her, panicked, after his heavyset new cellmate kept trying to give him bear hugs. She remembers him whispering into the phone: “I’m really scared.” With Lazark’s help, she got him moved.\u003c/p>\n\u003cp>Joanna also remembers the night Jeffrey called her, agitated and delusional. She was so terrified of what he might do to himself or someone else that she raced to the jail and refused to leave until she spoke to a sergeant.\u003c/p>\n\u003cp>After Jeffrey was arrested for stealing the car from the valet, weeks passed before he appeared before the judge, screaming that he was Jesus. In February 2014, he was admitted to a state hospital.\u003c/p>\n\u003cp>At the end of August, after six months of receiving treatment and preparing for a court appearance, he was found competent enough to have a trial. Months later, in May 2015, he was found not guilty by reason of insanity. He returned to Atascadero State Hospital that June. Someday he hopes he’ll be well enough to get out, so he can spend time with his family and get a job at a grocery store.\u003c/p>\n\u003cp>Joanna wishes her son had received intensive treatment earlier.\u003cbr>\nIt troubles her to think about all the other inmates like him, stuck behind bars with no one to speak up for them.\u003c/p>\n\u003cp>“You’ve got to fight,” she said. “If somebody doesn’t have someone to advocate for them, they don’t stand a chance. They don’t stand a chance.”\u003c/p>\n\u003cp>\u003cem>This is the first of a series exploring the challenges Californians face in the pursuit of mental health care.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Jocelyn Wiener is a contributing writer to CALmatters. This story was supported by a grant from the California Health Care Foundation.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org\" target=\"_blank\" rel=\"noopener\">CALmatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n",
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"excerpt": "In the past five years, the number of people in California who were deemed incompetent to stand trial—and ordered sent to state hospitals—increased by 60 percent.",
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"nprByline": "\u003cstrong>\u003ca href=\"https://calmatters.org/articles/author/jocelyn-wiener/\">Jocelyn Wiener\u003c/a>\u003c/strong>\u003cbr>\u003cstrong>\u003ca href=\"https://calmatters.org/articles/author/jocelyn-wiener/\">CALmatters\u003c/a>\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">J\u003c/span>\u003c/p>\u003cp>effrey Jurgens stood in a cage in an orange jumpsuit, screaming that he was Jesus Christ. From her seat in the Sacramento courtroom, his mother watched through tears. Joanna Jurgens knew how important it was for the district attorney prosecuting Jeffrey for stealing a car—and the judge deciding his fate—to see the extent of her son’s illness. But it was torture to watch.\u003c/p>\n\u003cp>For years, she had begged judges to steer Jeffrey, who has schizoaffective disorder, into long-term treatment. She worried he would get hurt. She feared he could hurt someone else.\u003c/p>\n\u003cp>Joanna, 56, knew Jeffrey, who was 22 at the time of that 2014 hearing, did not belong behind bars. But after struggling to stabilize him through treatment in the community, she’d become convinced the criminal justice system was her last hope.\u003c/p>\n\u003cp>These days, the main path to treatment at a state psychiatric hospital is through jail. However controversial those state hospitals may be, many families conclude they are the best option for their loved ones.\u003c/p>\n\u003cp>“That is a sad state of affairs in our society, that only when you get locked up does it become a priority to get you treatment,” said Los Angeles District Attorney Jackie Lacey, who said she’s heard many parents describe similar feelings of desperation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Perhaps nowhere is California’s mental health crisis more evident than in its criminal justice system. After decades of failure to create and fund policies that effectively help people with serious mental illnesses, many now say the jails and prisons have become the state’s default mental institutions.\u003c/p>\n\u003cp>\u003ca href=\"https://law.stanford.edu/wp-content/uploads/2017/05/Stanford-Report-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">Close to a third of California’s inmates\u003c/a> have a documented serious mental illness, according to the California Department of Corrections and Rehabilitation.\u003c/p>\n\u003cp>“We’re going to end up with an incarceration system that’s mainly dealing with people that have serious mental health problems,” said Democratic Sen. Jim Beall of San Jose. “It’s our own fault, in a way, for not having a good mental health system.”\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1-.jpg\">\u003cimg class=\"aligncenter size-medium wp-image-11723765\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--800x750.jpg\" alt=\"\" width=\"800\" height=\"750\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--800x750.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--160x150.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1020x956.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1200x1124.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Graphic-1--1920x1799.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003c/p>\n\u003cp>In the past five years, the number of people in California who were deemed incompetent to stand trial after arrest—and ordered sent to state hospitals for treatment—increased by 60 percent, state figures show. Judges make such referrals when doctors determine that defendants are unable to understand legal proceedings or cooperate with their attorneys—the goal generally being that they get stabilized and then return to stand trial.\u003c/p>\n\u003cp>Often this leaves people who need mental health treatment stuck in county jails. Inmates in Jeffrey’s condition can wait in limbo for months, or even years, before being sent to a state hospital.\u003c/p>\n\u003cp>Five years ago, an average of 343 inmates with mental illness were awaiting placement. Last year, that number shot up to 819.\u003c/p>\n\u003cp>The increasing number of people deemed incompetent to stand trial may also reflect changing attitudes among public defenders, who now see questioning someone’s competency as an avenue to a more therapeutic environment, said David Meyer, professor with the USC Institute of Psychiatry, Law, and Behavioral Science. Forty years ago, “we would never, ever refer somebody for incompetency proceedings if we could in any way get away with it,” he said. “People would be incarcerated for mental health treatment at a state hospital for a longer time than they would serve if they simply pled guilty.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/629df325-41a8-4d8c-8ec9-02ce2bc573d9?src=embed\" title=\"Criminal referrals swamp state mental hospitals grouped graphics\" width=\"800\" height=\"900\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>One major reason for the growing waitlist is that, while the number of state hospital beds has increased, it has not kept pace with the need. State hospitals now have more than 6,200 beds—a significant portion of which are reserved for other needs. In recent years, the state has added about 700 hospital and “jail-based competency restoration” beds.\u003c/p>\n\u003cp>A few decades ago, fewer than half of state hospital patients came from the criminal justice system. Today \u003ca href=\"http://www.dsh.ca.gov/Publications/docs/ADA2017AnnualRept.pdf\" target=\"_blank\" rel=\"noopener\">more than 90 percent\u003c/a> of them do—with more than a fifth of those individuals found incompetent to stand trial. The next largest group were tried and found not guilty by reason of insanity.\u003c/p>\n\u003cp>“We have hundreds of people sitting in our (community) hospitals right now who could benefit from a long-term stay at a state hospital, but we can’t get them in there,” said Sheree Lowe, vice president of behavioral health for the California Hospital Association.\u003c/p>\n\u003cp>That said, many experts believe state hospital stays are so restrictive and expensive that solutions to the crisis must be found elsewhere. The broader issue is that society is “letting people get so sick” they end up in jails and emergency rooms, Lowe said.\u003c/p>\n\u003cp>Jennifer Mathis, director of policy and legal advocacy at the Bazelon Center for Mental Health Law, describes state hospitals as “kind of like living in prison.”\u003c/p>\n\u003cp>“It’s not really a life on a long-term basis,” she said, but added that many families have gone so long without good community mental health services for their loved ones they see no other real option.\u003c/p>\n\u003cp>State data show that 47 percent of the inmates who were found incompetent to stand trial last year had no Medi-Cal mental health services during the six months before they landed in jail. Almost half were unsheltered; in many cases, the charges they faced were directly related to their homelessness and untreated psychosis, according to the Department of State Hospitals.\u003c/p>\n\u003cp>It was not that the system didn’t know them, though. In Napa State Hospital, state data show, nearly half of the people who were incompetent to stand trial had been arrested 15 or more times before they were deemed incompetent.\u003c/p>\n\u003cp>____\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">J\u003c/span>\u003c/p>\u003cp>oanna Jurgens’ memories of Jeffrey’s childhood—soccer games and fishing trips and visits to the snow—have been obscured by the shadow of his illness. As a little boy, he acted out so much it was hard to keep him in preschool. By middle school, she was receiving daily calls from the principal’s office. Freshman year in high school, he started getting into fights and brought a knife to school.\u003c/p>\n\u003cfigure id=\"attachment_11723762\" class=\"wp-caption alignleft\" style=\"max-width: 360px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png\">\u003cimg class=\"size-full wp-image-11723762\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png\" alt=\"\" width=\"360\" height=\"640\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1.png 360w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-1-160x284.png 160w\" sizes=\"(max-width: 360px) 100vw, 360px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Jurgens at age 5.\u003c/figcaption>\u003c/figure>\n\u003cp>Unable to control his behavior, Joanna—who operates a clinic for UC Davis Medical Center—and her ex-husband prevailed upon the school district to send their son to a locked residential program in Utah. The structure appeared to help. But after nine months, she said, he returned home, and the same behaviors resurfaced.\u003c/p>\n\u003cp>That Thanksgiving, when Jeffrey was 17, his mother drove him to his grandmother’s house in Tahoe. He couldn’t stop obsessing about a white car he thought was trailing them, which he insisted carried either government agents or the CIA.\u003c/p>\n\u003cp>Joanna took him to psychiatrist after psychiatrist. They put him on mood stabilizers and, eventually, anti-psychotics. He continued to spiral. Marijuana made the symptoms worse. He stole Joanna’s car again and again. Then, at 19, Jeffrey stole a friend’s parents’ car. They pressed charges.\u003c/p>\n\u003cp>“He needs help and I don’t know what to do,” Joanna remembers telling an El Dorado County judge around 2010. “We’re waiting for a disaster to happen.”\u003c/p>\n\u003cp>The judge was sympathetic, but told Joanna his hands were tied. He sent Jeffrey to jail for 90 days. After he got out, Jeffrey was on and off the streets, lost in a haze of street drugs and psychosis.\u003c/p>\n\u003cp>Over and over, he’d land in psychiatric hospitals. But each time he’d stabilize after a few weeks and his insurance provider would insist he be discharged, Joanna said. Joanna was certain her son needed longer-term inpatient treatment. She begged doctors to put him under a conservatorship, allowing a legal guardian to make decisions on his behalf.\u003c/p>\n\u003cp>A doctor who saw him at Sierra Vista Hospital in Sacramento agreed with her, Joanna said. Jeffrey spent six weeks there while the doctor pushed for him to be conserved. The county refused—Joanna remembers being told that Jeffrey needed to fail out of community treatment once more to be eligible.\u003c/p>\n\u003cp>Michelle Lazark, who at the time worked on the Sacramento Police Department’s mobile crisis unit, remembered the first time she came upon the disheveled-looking young man wearing tattered clothes and no shoes.\u003c/p>\n\u003cp>“Are you a new guy?” she asked. Jeffrey told her his name. Lazark asked if she could call his mom.\u003c/p>\n\u003cfigure id=\"attachment_11723761\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg\">\u003cimg class=\"wp-image-11723761\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg\" alt=\"\" width=\"1920\" height=\"1303\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2-.jpg 4820w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1200x814.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-2--1920x1303.jpg 1920w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Lazark, a Sacramento police officer who works in the Mental Health Unit, put Jeffrey Jurgens back in touch with his mother. \u003ccite>(Randy Pench/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Oh my God,” Joanna said after she picked up the phone. “Where did you find him?”\u003c/p>\n\u003cp>Over the years, Lazark would often help Joanna search for Jeffrey. Sometimes he was relatively lucid, and she’d share her sandwich with him and chat. Other times she took him to the hospital. If he was self-medicating with meth, she’d take him to jail for a few hours to sober up.\u003c/p>\n\u003cp>“You want to protect them and you want to take them to a safe place where they can detox,” Lazark said. “If that was jail, then that’s what I would do every time. It’s not criminalizing it, it’s keeping them safe.”\u003c/p>\n\u003cp>But not all interactions with law enforcement went well.\u003c/p>\n\u003cp>In 2012, two CHP officers saw him driving a stolen car the wrong way down a one-way street in Sacramento. After a high-speed chase, he came to a stop. A lawsuit filed by the family in federal court said that although he was unarmed and had raised his hands, officers began kicking and beating him with their batons, leaving him with a broken hand and a traumatic brain injury—and then high-fived each other.\u003c/p>\n\u003cp>After an in-car camera video of the incident came out, the district attorney dropped charges against Jeffrey. Last spring, Jeffrey received \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2018/05/Jurgens-CHP-SETTLEMENT.pdf\" target=\"_blank\" rel=\"noopener\">a $1 million settlement\u003c/a>. (The officers involved all remain employed by the CHP).\u003c/p>\n\u003cp>The day he was discharged from jail, Jeffrey disappeared back into homelessness, said his attorney, Beau Weiner. Months later, on Dec. 5, 2013, he stole a car from valet parking in downtown Sacramento and was peacefully apprehended.\u003c/p>\n\u003cp>Twice a week, his mother visited him in jail.\u003c/p>\n\u003cp>“I see you in here a lot,” she remembers a security officer telling her one day.\u003c/p>\n\u003cp>“I visit my son,” she said.\u003c/p>\n\u003cp>“He probably doesn’t deserve it,” the officer said.\u003c/p>\n\u003cp>Joanna Jurgens looked at him sadly. Why bother trying to explain?\u003c/p>\n\u003cp>“You don’t know the whole situation,” she said.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">B\u003c/span>\u003c/p>\u003cp>ecause their mental illness leaves them so vulnerable, inmates in that condition are often kept in solitary confinement for their own protection. But extended stays in solitary exacerbate their mental illnesses, too.\u003c/p>\n\u003cp>“You put a bird in a cage, you got to let him out sometime, or he’ll die,” says Samuel Mays, whose adult son, Lorenzo, has been in Sacramento County Jail for eight years waiting to be declared competent. Lorenzo Mays, who has cognitive delays as well as mental illness, is the lead plaintiff in a class action complaint being brought by Disability Rights California against Sacramento County. The complaint cites overcrowding, understaffing and “dangerous, inhumane and degrading conditions,” including use of extended solitary confinement on inmates with serious mental illness.\u003c/p>\n\u003cp>“He’s suffering,” Samuel Mays said of his son. “You can only take so much of that.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://e.infogram.com/dc3a4f7c-1557-4c9e-a357-cd680f620e49?src=embed\" title=\"mental illness\" width=\"800\" height=\"800\" scrolling=\"no\" frameborder=\"0\" style=\"border:none;\" allowfullscreen=\"allowfullscreen\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Douglas Clark, who landed in jail on an attempted burglary charge in 2009, picked up a new charge in prison after throwing feces at a correctional officer. Clark, who has schizophrenia and hears spirits talking to him, was found incompetent to stand trial, said his mother Tammy Clark. He was sent to regain competency at the state hospital. He returned to jail to be tried, she said, but went off his medication, or had it changed, and then became mentally unstable again. That cycle keeps repeating, she said.\u003c/p>\n\u003cp>She tries not to seem upset when she talks to him—she wants to be “a light” in his dark world.\u003c/p>\n\u003cp>But sometimes he can tell she’s been crying. “It’s so disheartening,” she said.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ven as the population of inmates with mental illness burgeons, some advocates see the beginning signs of hope.\u003c/p>\n\u003cp>Sen. Beall, who himself has a family member with schizoaffective disorder, said the administrations of former governors Arnold Schwarzenegger and Jerry Brown rebuffed policy proposals meant to make comprehensive mental health services available in the community.\u003c/p>\n\u003cp>But last year, Brown signed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1810\" target=\"_blank\" rel=\"noopener\">provision\u003c/a> to allow courts to divert certain offenders with mental illness into community-based inpatient or outpatient treatment programs, and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1187\" target=\"_blank\" rel=\"noopener\">another\u003c/a> to reduce the maximum wait time for an inmate to become competent to stand trial—from three years to two.\u003c/p>\n\u003cfigure id=\"attachment_11723760\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg\">\u003cimg class=\"wp-image-11723760\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg\" alt=\"\" width=\"1920\" height=\"1302\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3.jpg 4786w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-800x543.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1020x692.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1200x814.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-3-1920x1302.jpg 1920w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Joanna Jurgens reflects on her son Jeffrey, who has struggled with mental illness and is now living at Atascadero State Hospital after stealing a car. \u003ccite>(Randy Pench/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, Gov. Gavin Newsom proposed a state budget that includes tens of millions of dollars for mental health programs, including training law enforcement officers on crisis de-escalation. The budget would also provide one-time grants to treat young people experiencing early psychosis and $100 million for “whole person care” programs that seek to address the housing, health, mental health and substance abuse needs of people experiencing homelessness.\u003c/p>\n\u003cp>Judge Stephen Manley started one of the nation’s first mental health courts in Santa Clara County more than 20 years ago. In these courts, public defenders, prosecutors, judges and social service providers work together to connect people with mental illness who have been arrested for certain crimes with services and treatment, with a goal of keeping them out of jail.\u003c/p>\n\u003cp>“Everyone wants to tell me, ‘It’s so complex, we can’t solve it.’” Manley said. “And I say, ‘No, you can. Get together and figure out what you can do.’”\u003c/p>\n\u003cp>Over the years, the model has expanded to counties around California.\u003c/p>\n\u003cp>On a recent afternoon in Department 8 in the downtown Sacramento courthouse, Judge Lawrence Brown called up the mental health court participants one by one. He complimented a woman’s red hat, another man’s poncho. He ribbed those who had a lot of hair, contrasting it with his own balding pate.\u003c/p>\n\u003cp>Standing alongside their public defenders, some participants beamed as he lauded their progress staying on medications and off drugs, getting jobs and doing their dishes. Others squirmed uncomfortably in the spotlight. One woman’s voice cracked as she described her troubled relationship with her mother.\u003c/p>\n\u003cp>“The fact that you’re taking all of these steps to take care of yourself, we’re behind you 1,000 percent,” the judge told her.\u003c/p>\n\u003cp>Brown, who has run the county’s mental health court since 2013 and has helped it to expand, says he’s been drawn to the work because of the “humanity of it all.”\u003c/p>\n\u003cp>“Keeping them in jail once they’re back on their medication is not a very compassionate approach,” he said. “They’re living a nightmare being behind bars. That setting of being in a cell, with loud noises, is not an opportune manner in which to address serious mental illness.”\u003c/p>\n\u003cp>For now, though, such courts still only serve a fraction of the ballooning need. Sex offenders, arson registrants, active gang members, those who have caused great bodily injury or death, and those arrested for driving under the influence are among those who are typically excluded. And many such courts aren’t designed to serve those who are incompetent to stand trial.\u003c/p>\n\u003cp>___\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">J\u003c/span>\u003c/p>\u003cp>effrey Jurgens doesn’t remember much about the months he waited in jail to get a bed at Atascadero State Hospital—one of the five state hospitals that house people with serious mental illness. Reached over the phone there, Jurgens, now 27, said at first only that being in jail “doesn’t feel too good.”\u003c/p>\n\u003cfigure id=\"attachment_11723763\" class=\"wp-caption alignright\" style=\"max-width: 1242px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png\">\u003cimg class=\"size-full wp-image-11723763\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png\" alt=\"\" width=\"1242\" height=\"2208\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4.png 1242w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-160x284.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-800x1422.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-1020x1813.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/02/Mental-health-part-1-Photo-4-675x1200.png 675w\" sizes=\"(max-width: 1242px) 100vw, 1242px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jeffrey Jurgens at Atascadero State Hospital couple of years ago, surrounded by his parents.\u003c/figcaption>\u003c/figure>\n\u003cp>After his mother prompted him, he recalled being periodically locked in solitary confinement at the Sacramento County Jail after he was arrested in December 2013, alone with the voices, emerging—in her memory—for just an hour every couple of days.\u003c/p>\n\u003cp>“It was a bummer,” he said quietly. “I was going a little stir crazy. I didn’t know what to do, what to think. Nobody would help me while I was there. They just pushed me off because I wasn’t like everyone else.”\u003c/p>\n\u003cp>His mother figures it’s good he doesn’t remember more. Because she does.\u003c/p>\n\u003cp>She remembers the day he called her, panicked, after his heavyset new cellmate kept trying to give him bear hugs. She remembers him whispering into the phone: “I’m really scared.” With Lazark’s help, she got him moved.\u003c/p>\n\u003cp>Joanna also remembers the night Jeffrey called her, agitated and delusional. She was so terrified of what he might do to himself or someone else that she raced to the jail and refused to leave until she spoke to a sergeant.\u003c/p>\n\u003cp>After Jeffrey was arrested for stealing the car from the valet, weeks passed before he appeared before the judge, screaming that he was Jesus. In February 2014, he was admitted to a state hospital.\u003c/p>\n\u003cp>At the end of August, after six months of receiving treatment and preparing for a court appearance, he was found competent enough to have a trial. Months later, in May 2015, he was found not guilty by reason of insanity. He returned to Atascadero State Hospital that June. Someday he hopes he’ll be well enough to get out, so he can spend time with his family and get a job at a grocery store.\u003c/p>\n\u003cp>Joanna wishes her son had received intensive treatment earlier.\u003cbr>\nIt troubles her to think about all the other inmates like him, stuck behind bars with no one to speak up for them.\u003c/p>\n\u003cp>“You’ve got to fight,” she said. “If somebody doesn’t have someone to advocate for them, they don’t stand a chance. They don’t stand a chance.”\u003c/p>\n\u003cp>\u003cem>This is the first of a series exploring the challenges Californians face in the pursuit of mental health care.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Jocelyn Wiener is a contributing writer to CALmatters. This story was supported by a grant from the California Health Care Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://calmatters.org\" target=\"_blank\" rel=\"noopener\">CALmatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "state-senator-proposes-banning-nighttime-releases-of-inmates",
"title": "State Senator Proposes Banning Nighttime Releases of Inmates",
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"content": "\u003cp>\u003ca href=\"http://sd09.senate.ca.gov\">State Sen. Nancy Skinner\u003c/a> is planning to introduce legislation that would ban the nighttime release of inmates from county jails across the state.\u003c/p>\n\u003cp>The move follows the death of Jessica St. Louis, 26, who was released from Santa Rita Jail in Dublin at 1:25 a.m. on July 28 and found dead at the Dublin-Pleasanton BART Station four hours later.\u003c/p>\n\u003cp>When released, St. Louis had been given a BART ticket. But the closest station is a 40-minute walk from the jail, and BART trains don’t operate from that station at that time. St. Louis had been in custody for less than two weeks for theft and other minor crimes.\u003c/p>\n\u003cp>\u003ca href=\"https://www.alamedacountysheriff.org\">The Alameda County Sheriff’s Office \u003c/a>says the medical examiner concluded there was no foul play and that St. Louis died of an apparent drug overdose, most likely from opioids. However, toxicology results have not yet been completed. There’s been no independent confirmation that St. Louis had a substance abuse problem.\u003c/p>\n\u003cp>Skinner, who represents Richmond, Berkeley and Oakland, says releasing someone in the middle of the night without any assurance they have transportation, a place to go or substance abuse treatment is a “recipe for disaster.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"https://www.calsheriffs.org\">The California State Sheriffs’ Association\u003c/a> did not return a request for comment. But Sgt. Ray Kelly, of the Alameda County Sheriff’s Office, says he expects all sheriffs to oppose a ban on nighttime releases.\u003c/p>\n\u003cp>According to Kelly, Santa Rita releases thousands of people every year with no problem, but he says officials are eager to discuss the possibility of developing more support services for inmates when exiting the jail.\u003c/p>\n\u003cp>“If we had some intervention at the release door, we maybe could have saved Jessica,” he says. Skinner says her bill will hopefully include some services upon release.\u003c/p>\n\u003cp>Kelly says inmates who have addiction problems are at a higher risk of overdose after being released, because they can immediately begin using at the same level as when they entered the system.\u003c/p>\n\u003cp>Still, Kelly pushes back on the need for a ban: “This case is really one about drugs. It’s not about midnight releases.”\u003c/p>\n\u003cp>On any given day there are about 2,100 people in custody at Santa Rita Jail, with more than 100 exiting every day, according to Kelly. He says peak release times are 8-10 a.m. and 5 p.m. to midnight, or beyond, depending on workload.\u003c/p>\n\u003cp>A ban on nighttime releases could hamper management of the jail in an era when the trend is to incarcerate fewer people, says Kelly. But Skinner says the priority is to avoid more deaths like that of Jessica St. Louis.\u003c/p>\n\u003cp>“What this does is put more responsibility on our jail facilities to process that paperwork during business hours,” says Skinner.\u003c/p>\n\u003cp>Aside from management issues, the proposed ban could also raise constitutional questions, since inmates have a right to be released at the time determined by the court. However, Skinner says she thinks this could be addressed if release paperwork is completed in the daytime.\u003c/p>\n\u003cp>St Louis’ death has sparked anger and protest from advocates of incarcerated women. “Jessica’s death was tragic and it was avoidable,” says Jessica Nowlan, executive director of the \u003ca href=\"http://www.youngwomenfree.org/\">Young Women’s Freedom Center\u003c/a>, which is helping to craft the bill with Skinner. Following St. Louis’ death, the group held a rally denouncing the young woman’s post-midnight release.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Nowlan says a march is planned for 9 p.m. on Sunday, Aug. 19, from Santa Rita Jail to the Dublin-Pleasanton BART Station. It will be done without candles or lights, she says, so that people can experience the long dark walk inmates, like St. Louis, face when released at night.\u003c/p>\n\n",
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"excerpt": "Move follows death of Jessica St. Louis, who was released from Santa Rita Jail at 1:25 a.m. and found dead at Dublin-Pleasanton BART Station four hours later.",
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"title": "State Senator Proposes Banning Nighttime Releases of Inmates | KQED",
"description": "Move follows death of Jessica St. Louis, who was released from Santa Rita Jail at 1:25 a.m. and found dead at Dublin-Pleasanton BART Station four hours later.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://sd09.senate.ca.gov\">State Sen. Nancy Skinner\u003c/a> is planning to introduce legislation that would ban the nighttime release of inmates from county jails across the state.\u003c/p>\n\u003cp>The move follows the death of Jessica St. Louis, 26, who was released from Santa Rita Jail in Dublin at 1:25 a.m. on July 28 and found dead at the Dublin-Pleasanton BART Station four hours later.\u003c/p>\n\u003cp>When released, St. Louis had been given a BART ticket. But the closest station is a 40-minute walk from the jail, and BART trains don’t operate from that station at that time. St. Louis had been in custody for less than two weeks for theft and other minor crimes.\u003c/p>\n\u003cp>\u003ca href=\"https://www.alamedacountysheriff.org\">The Alameda County Sheriff’s Office \u003c/a>says the medical examiner concluded there was no foul play and that St. Louis died of an apparent drug overdose, most likely from opioids. However, toxicology results have not yet been completed. There’s been no independent confirmation that St. Louis had a substance abuse problem.\u003c/p>\n\u003cp>Skinner, who represents Richmond, Berkeley and Oakland, says releasing someone in the middle of the night without any assurance they have transportation, a place to go or substance abuse treatment is a “recipe for disaster.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://www.calsheriffs.org\">The California State Sheriffs’ Association\u003c/a> did not return a request for comment. But Sgt. Ray Kelly, of the Alameda County Sheriff’s Office, says he expects all sheriffs to oppose a ban on nighttime releases.\u003c/p>\n\u003cp>According to Kelly, Santa Rita releases thousands of people every year with no problem, but he says officials are eager to discuss the possibility of developing more support services for inmates when exiting the jail.\u003c/p>\n\u003cp>“If we had some intervention at the release door, we maybe could have saved Jessica,” he says. Skinner says her bill will hopefully include some services upon release.\u003c/p>\n\u003cp>Kelly says inmates who have addiction problems are at a higher risk of overdose after being released, because they can immediately begin using at the same level as when they entered the system.\u003c/p>\n\u003cp>Still, Kelly pushes back on the need for a ban: “This case is really one about drugs. It’s not about midnight releases.”\u003c/p>\n\u003cp>On any given day there are about 2,100 people in custody at Santa Rita Jail, with more than 100 exiting every day, according to Kelly. He says peak release times are 8-10 a.m. and 5 p.m. to midnight, or beyond, depending on workload.\u003c/p>\n\u003cp>A ban on nighttime releases could hamper management of the jail in an era when the trend is to incarcerate fewer people, says Kelly. But Skinner says the priority is to avoid more deaths like that of Jessica St. Louis.\u003c/p>\n\u003cp>“What this does is put more responsibility on our jail facilities to process that paperwork during business hours,” says Skinner.\u003c/p>\n\u003cp>Aside from management issues, the proposed ban could also raise constitutional questions, since inmates have a right to be released at the time determined by the court. However, Skinner says she thinks this could be addressed if release paperwork is completed in the daytime.\u003c/p>\n\u003cp>St Louis’ death has sparked anger and protest from advocates of incarcerated women. “Jessica’s death was tragic and it was avoidable,” says Jessica Nowlan, executive director of the \u003ca href=\"http://www.youngwomenfree.org/\">Young Women’s Freedom Center\u003c/a>, which is helping to craft the bill with Skinner. Following St. Louis’ death, the group held a rally denouncing the young woman’s post-midnight release.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Nowlan says a march is planned for 9 p.m. on Sunday, Aug. 19, from Santa Rita Jail to the Dublin-Pleasanton BART Station. It will be done without candles or lights, she says, so that people can experience the long dark walk inmates, like St. Louis, face when released at night.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>When 47-year-old Edward Vega arrived in jail, he couldn’t quiet the voices in his head. He felt paranoid, as though he was losing control. “I knew if I didn’t get my medication, I was going to hurt someone,” says Vega.\u003c/p>\n\u003cp>He was right. A week after being arrested for alleged drug possession, Vega says, he assaulted a fellow inmate and ended up in isolation, which only made him feel worse.\u003c/p>\n\u003cp>Finally, a doctor prescribed medicines that Vega says helped. He’d been taking them on the outside until he ran out — just before he was arrested.\u003c/p>\n\u003cp>“The medication hasn’t totally taken away the voices, but I am able to differentiate reality from fiction,” says Vega, who was released three months ago.\u003c/p>\n\u003cp>The number of inmates in California who’ve been prescribed psychiatric drugs has jumped about 25 percent in five years, according to a recent \u003ca href=\"http://calhps.com/reports/PolicyBrief_PsychotropicMedications_CalHPS.pdf\" target=\"_blank\" rel=\"noopener\">analysis\u003c/a> of state data. These inmates now account for about a fifth of the county jail population across the state.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The increase might be a reflection of the growing number of inmates with mental illness, though it also might stem from better identification of people in need of treatment, say researchers from \u003ca href=\"http://calhps.com/reports/PolicyBrief_PsychotropicMedications_CalHPS.pdf\" target=\"_blank\" rel=\"noopener\">California Health Policy Strategies\u003c/a>, a Sacramento-based consulting firm.\u003c/p>\n\u003cp>Amid a \u003ca href=\"https://www.pbs.org/newshour/nation/amid-shortage-psychiatric-beds-mentally-ill-face-long-waits-treatment\" target=\"_blank\" rel=\"noopener\">severe shortage of psychiatric beds\u003c/a> and community-based treatment throughout the state and nation, jails have become repositories for people in the throes of acute mental health crises.\u003c/p>\n\u003cp>The number of people with mental illness in jails and prisons in the U.S. is “astronomical,” says \u003ca href=\"https://law.stanford.edu/directory/michael-romano/\" target=\"_blank\" rel=\"noopener\">Michael Romano\u003c/a>, director of Three Strikes & Justice Advocacy Project at Stanford Law School, who was not involved in the research. “In many ways, the whole justice system is overwhelmed with mental illness.”\u003c/p>\n\u003cp>Contributing to the problem in California is a 2011 federal court order, and a state decision a few years later, that had unintended consequences.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More From KQED About Mental Illness in Jails\u003c/h3>\n\u003cp>\u003c/p>\n\u003cul>\n\u003cli>\n\u003ca href=\"https://www.kqed.org/news/11107949\" target=\"_blank\" rel=\"noopener\">Realignment 5 Years On: Counties Build Jails for Inmates With Mental Illness\u003c/a>\n\u003c/li>\n\u003cli>\n\u003ca href=\"https://www.kqed.org/news/11418506/judge-threatens-to-fine-california-prisons-for-delayed-mental-health-treatment\" target=\"_blank\" rel=\"noopener\">Judge Threatens to Fine California Prisons for Delayed Mental Health Treatment\u003c/a>\n\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In 2011, the U.S. Supreme Court ordered California to \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\" target=\"_blank\" rel=\"noopener\">reduce\u003c/a> the prison population because of overcrowding that the judges said constituted cruel and unusual punishment. Three years later, \u003ca href=\"https://www.cdcr.ca.gov/News/prop47.html\" target=\"_blank\" rel=\"noopener\">a state proposition\u003c/a> reclassified some felony crimes as misdemeanors. Taken together, that led to a huge influx of offenders going to county jails instead of state prisons.\u003c/p>\n\u003cp>The CHPS analysis, based on survey data from 45 of California’s 58 counties, opens a window into how the largest state is coping with the influx.\u003c/p>\n\u003cp>“We think this is the first part of a more systematic discussion about what is going on in the jails and in the broader community with respect to mental health,” says \u003ca href=\"http://calhps.com/team_member/david-panush/\" target=\"_blank\" rel=\"noopener\">David Panush\u003c/a>, a co-author of the report, which was funded in part by the California Health Care Foundation.\u003c/p>\n\u003cp>Far more people with mental illness are housed in jails and prisons than in psychiatric hospitals. Insufficient staff training and poor patient treatment have contributed to inmate suicides, self-mutilation, violence and other problems, say advocates for the mentally ill.\u003c/p>\n\u003cp>One oft-cited complaint is that inmates have poor access to psychiatric prescriptions to treat such conditions as schizophrenia, major depression and bipolar disorder.\u003c/p>\n\u003cp>Jail officials in California say they are trying to better identify incarcerated people who could benefit from such drugs. The numbers suggest the strategy may be working. According to the CHPS report, an average of 13,776 inmates in the 45 California counties were on psychotropic medications in 2016-2017, up from 10,999 five years ago.\u003c/p>\n\u003cp>But the portion of inmates taking psychotropic medicine varies widely by county — from 8 percent in Glenn County to 32 percent in Sonoma and Napa, according to the analysis. The report is based on data from the \u003ca href=\"http://www.bscc.ca.gov/m_bsccboard.php\" target=\"_blank\" rel=\"noopener\">Board of State and Community Corrections\u003c/a>, an independent state agency.\u003c/p>\n\u003cp>In Los Angeles County, whose jails have been described as the largest mental institution in the country, about 30 percent of the roughly 18,000 inmates are mentally ill and most of those diagnosed are on medication, says Dr. Joseph Ortego, chief psychiatrist for correctional health services in L.A. County.\u003c/p>\n\u003cp>Although some still are missed in the screening process, he says, the county jails have improved identification and treatment of inmates and expanded staffing as part of the department’s 2015 settlement with the U.S. Department of Justice. The department had alleged inadequate mental health care and suicide prevention in the jails.\u003c/p>\n\u003cp>Overall, medications are likely under-prescribed in jails, psychiatrists say.\u003c/p>\n\u003cp>“You need enough mental health professionals to treat the very large numbers of mentally ill people in jails,” says \u003ca href=\"https://www.researchgate.net/profile/Harry_Lamb\" target=\"_blank\" rel=\"noopener\">Dr. H. Richard Lamb\u003c/a>, professor emeritus of psychiatry at the University of Southern California School of Medicine. “There probably aren’t enough.”\u003c/p>\n\u003cp>And the medications these doctors prescribe are a crucial aspect of treatment, Lamb says.\u003c/p>\n\u003cp>Some advocates for the mentally ill worry that the drugs are at times prescribed inappropriately. \u003ca href=\"http://www.mhac.org/about-us/staff/\" target=\"_blank\" rel=\"noopener\">Zima Creason\u003c/a>, president and chief executive officer of Mental Health America of California, says psychoactive medicines, though sometimes necessary, are no substitute for comprehensive care for jail inmates.\u003c/p>\n\u003cp>“Sadly, they just throw a bunch of pills at them because there is nothing else,” she says, adding that jails should also be providing individual and group therapy, more time outside of cells and sufficient recreation time.\u003c/p>\n\u003cp>“Jail is not conducive for real recovery,” Creason says. “We are never going to put a dent in the numbers unless we provide a therapeutic environment.”\u003c/p>\n\u003cp>Like people who live outside the correction facilities, inmates can be subject to involuntary drug treatment, officials say, but only if a court deems that step appropriate.\u003c/p>\n\u003cp>County jail officials, including Dr. Alfred Joshua, chief medical officer for the Sheriff’s Department in San Diego County, say the influx of mentally ill inmates and the rising need for psychotropic drugs stems from a lack of resources for patients in the community.\u003c/p>\n\u003cp>“When they have [an] exacerbation of mental illness, they do many times come into contact with law enforcement,” Joshua says.\u003c/p>\n\u003cp>Some of the most common charges that bring people with mental illness to jail are drug offenses and parole violations. Those who are homeless frequently get charged with panhandling, public urination and related crimes.\u003c/p>\n\u003cp>In addition to trying to improve treatment inside the jails, Los Angeles and San Diego county officials say they are working more closely with community organizations to ensure inmates with mental illness get the services they need after their release.\u003c/p>\n\u003cp>Vega says a local community group, the \u003ca href=\"http://www.neighborhoodhouse.org/#sthash.nTPgadqU.dpbs\" target=\"_blank\" rel=\"noopener\">Neighborhood House Association\u003c/a>, was able to help in his case, ensuring he got his meds and other treatment.\u003c/p>\n\u003cp>“Without the medication,” Vega says, “I would probably be right back in jail.”\u003c/p>\n\u003cp>\u003ca href=\"http://www.kaiserhealthnews.org/\" target=\"_blank\" rel=\"noopener\">Kaiser Health News\u003c/a>\u003cem> is an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente. You can follow Anna Gorman on Twitter: \u003c/em>\u003ca href=\"https://twitter.com/annagorman\">@annagorman\u003c/a>.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Copyright 2018 Kaiser Health News. To see more, visit \u003ca href=\"http://www.kaiserhealthnews.org/\" target=\"_blank\" rel=\"noopener\">Kaiser Health News\u003c/a>.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When 47-year-old Edward Vega arrived in jail, he couldn’t quiet the voices in his head. He felt paranoid, as though he was losing control. “I knew if I didn’t get my medication, I was going to hurt someone,” says Vega.\u003c/p>\n\u003cp>He was right. A week after being arrested for alleged drug possession, Vega says, he assaulted a fellow inmate and ended up in isolation, which only made him feel worse.\u003c/p>\n\u003cp>Finally, a doctor prescribed medicines that Vega says helped. He’d been taking them on the outside until he ran out — just before he was arrested.\u003c/p>\n\u003cp>“The medication hasn’t totally taken away the voices, but I am able to differentiate reality from fiction,” says Vega, who was released three months ago.\u003c/p>\n\u003cp>The number of inmates in California who’ve been prescribed psychiatric drugs has jumped about 25 percent in five years, according to a recent \u003ca href=\"http://calhps.com/reports/PolicyBrief_PsychotropicMedications_CalHPS.pdf\" target=\"_blank\" rel=\"noopener\">analysis\u003c/a> of state data. These inmates now account for about a fifth of the county jail population across the state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The increase might be a reflection of the growing number of inmates with mental illness, though it also might stem from better identification of people in need of treatment, say researchers from \u003ca href=\"http://calhps.com/reports/PolicyBrief_PsychotropicMedications_CalHPS.pdf\" target=\"_blank\" rel=\"noopener\">California Health Policy Strategies\u003c/a>, a Sacramento-based consulting firm.\u003c/p>\n\u003cp>Amid a \u003ca href=\"https://www.pbs.org/newshour/nation/amid-shortage-psychiatric-beds-mentally-ill-face-long-waits-treatment\" target=\"_blank\" rel=\"noopener\">severe shortage of psychiatric beds\u003c/a> and community-based treatment throughout the state and nation, jails have become repositories for people in the throes of acute mental health crises.\u003c/p>\n\u003cp>The number of people with mental illness in jails and prisons in the U.S. is “astronomical,” says \u003ca href=\"https://law.stanford.edu/directory/michael-romano/\" target=\"_blank\" rel=\"noopener\">Michael Romano\u003c/a>, director of Three Strikes & Justice Advocacy Project at Stanford Law School, who was not involved in the research. “In many ways, the whole justice system is overwhelmed with mental illness.”\u003c/p>\n\u003cp>Contributing to the problem in California is a 2011 federal court order, and a state decision a few years later, that had unintended consequences.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Read More From KQED About Mental Illness in Jails\u003c/h3>\n\u003cp>\u003c/p>\n\u003cul>\n\u003cli>\n\u003ca href=\"https://www.kqed.org/news/11107949\" target=\"_blank\" rel=\"noopener\">Realignment 5 Years On: Counties Build Jails for Inmates With Mental Illness\u003c/a>\n\u003c/li>\n\u003cli>\n\u003ca href=\"https://www.kqed.org/news/11418506/judge-threatens-to-fine-california-prisons-for-delayed-mental-health-treatment\" target=\"_blank\" rel=\"noopener\">Judge Threatens to Fine California Prisons for Delayed Mental Health Treatment\u003c/a>\n\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>In 2011, the U.S. Supreme Court ordered California to \u003ca href=\"https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population\" target=\"_blank\" rel=\"noopener\">reduce\u003c/a> the prison population because of overcrowding that the judges said constituted cruel and unusual punishment. Three years later, \u003ca href=\"https://www.cdcr.ca.gov/News/prop47.html\" target=\"_blank\" rel=\"noopener\">a state proposition\u003c/a> reclassified some felony crimes as misdemeanors. Taken together, that led to a huge influx of offenders going to county jails instead of state prisons.\u003c/p>\n\u003cp>The CHPS analysis, based on survey data from 45 of California’s 58 counties, opens a window into how the largest state is coping with the influx.\u003c/p>\n\u003cp>“We think this is the first part of a more systematic discussion about what is going on in the jails and in the broader community with respect to mental health,” says \u003ca href=\"http://calhps.com/team_member/david-panush/\" target=\"_blank\" rel=\"noopener\">David Panush\u003c/a>, a co-author of the report, which was funded in part by the California Health Care Foundation.\u003c/p>\n\u003cp>Far more people with mental illness are housed in jails and prisons than in psychiatric hospitals. Insufficient staff training and poor patient treatment have contributed to inmate suicides, self-mutilation, violence and other problems, say advocates for the mentally ill.\u003c/p>\n\u003cp>One oft-cited complaint is that inmates have poor access to psychiatric prescriptions to treat such conditions as schizophrenia, major depression and bipolar disorder.\u003c/p>\n\u003cp>Jail officials in California say they are trying to better identify incarcerated people who could benefit from such drugs. The numbers suggest the strategy may be working. According to the CHPS report, an average of 13,776 inmates in the 45 California counties were on psychotropic medications in 2016-2017, up from 10,999 five years ago.\u003c/p>\n\u003cp>But the portion of inmates taking psychotropic medicine varies widely by county — from 8 percent in Glenn County to 32 percent in Sonoma and Napa, according to the analysis. The report is based on data from the \u003ca href=\"http://www.bscc.ca.gov/m_bsccboard.php\" target=\"_blank\" rel=\"noopener\">Board of State and Community Corrections\u003c/a>, an independent state agency.\u003c/p>\n\u003cp>In Los Angeles County, whose jails have been described as the largest mental institution in the country, about 30 percent of the roughly 18,000 inmates are mentally ill and most of those diagnosed are on medication, says Dr. Joseph Ortego, chief psychiatrist for correctional health services in L.A. County.\u003c/p>\n\u003cp>Although some still are missed in the screening process, he says, the county jails have improved identification and treatment of inmates and expanded staffing as part of the department’s 2015 settlement with the U.S. Department of Justice. The department had alleged inadequate mental health care and suicide prevention in the jails.\u003c/p>\n\u003cp>Overall, medications are likely under-prescribed in jails, psychiatrists say.\u003c/p>\n\u003cp>“You need enough mental health professionals to treat the very large numbers of mentally ill people in jails,” says \u003ca href=\"https://www.researchgate.net/profile/Harry_Lamb\" target=\"_blank\" rel=\"noopener\">Dr. H. Richard Lamb\u003c/a>, professor emeritus of psychiatry at the University of Southern California School of Medicine. “There probably aren’t enough.”\u003c/p>\n\u003cp>And the medications these doctors prescribe are a crucial aspect of treatment, Lamb says.\u003c/p>\n\u003cp>Some advocates for the mentally ill worry that the drugs are at times prescribed inappropriately. \u003ca href=\"http://www.mhac.org/about-us/staff/\" target=\"_blank\" rel=\"noopener\">Zima Creason\u003c/a>, president and chief executive officer of Mental Health America of California, says psychoactive medicines, though sometimes necessary, are no substitute for comprehensive care for jail inmates.\u003c/p>\n\u003cp>“Sadly, they just throw a bunch of pills at them because there is nothing else,” she says, adding that jails should also be providing individual and group therapy, more time outside of cells and sufficient recreation time.\u003c/p>\n\u003cp>“Jail is not conducive for real recovery,” Creason says. “We are never going to put a dent in the numbers unless we provide a therapeutic environment.”\u003c/p>\n\u003cp>Like people who live outside the correction facilities, inmates can be subject to involuntary drug treatment, officials say, but only if a court deems that step appropriate.\u003c/p>\n\u003cp>County jail officials, including Dr. Alfred Joshua, chief medical officer for the Sheriff’s Department in San Diego County, say the influx of mentally ill inmates and the rising need for psychotropic drugs stems from a lack of resources for patients in the community.\u003c/p>\n\u003cp>“When they have [an] exacerbation of mental illness, they do many times come into contact with law enforcement,” Joshua says.\u003c/p>\n\u003cp>Some of the most common charges that bring people with mental illness to jail are drug offenses and parole violations. Those who are homeless frequently get charged with panhandling, public urination and related crimes.\u003c/p>\n\u003cp>In addition to trying to improve treatment inside the jails, Los Angeles and San Diego county officials say they are working more closely with community organizations to ensure inmates with mental illness get the services they need after their release.\u003c/p>\n\u003cp>Vega says a local community group, the \u003ca href=\"http://www.neighborhoodhouse.org/#sthash.nTPgadqU.dpbs\" target=\"_blank\" rel=\"noopener\">Neighborhood House Association\u003c/a>, was able to help in his case, ensuring he got his meds and other treatment.\u003c/p>\n\u003cp>“Without the medication,” Vega says, “I would probably be right back in jail.”\u003c/p>\n\u003cp>\u003ca href=\"http://www.kaiserhealthnews.org/\" target=\"_blank\" rel=\"noopener\">Kaiser Health News\u003c/a>\u003cem> is an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente. You can follow Anna Gorman on Twitter: \u003c/em>\u003ca href=\"https://twitter.com/annagorman\">@annagorman\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Last year, San Francisco \u003ca href=\"https://www.nytimes.com/2016/09/17/opinion/a-formula-to-make-bail-more-fair.html\" target=\"_blank\" rel=\"noopener\">began using an algorithm \u003c/a>to assess whether someone accused of a crime and awaiting trial is safe to be let out of jail.\u003c/p>\n\u003cp>Fifteen months later, prosecutors say the risk assessment tool appears to be working: According to information provided to KQED by the San Francisco District Attorney’s Office, just 6 percent of defendants who were released from jail based on the \u003ca href=\"http://www.arnoldfoundation.org/initiative/criminal-justice/crime-prevention/public-safety-assessment/\" target=\"_blank\" rel=\"noopener\">“public safety assessment,” or PSA\u003c/a>, over those 15 months committed a new crime; 20 percent failed to appear in court.\u003c/p>\n\u003cp>The findings come at a crucial time: California leaders are \u003ca href=\"https://ww2.kqed.org/news/2017/05/23/push-to-limit-money-bail-gains-steam-in-california/\" target=\"_blank\" rel=\"noopener\">weighing legislation\u003c/a> that could expand this type of risk assessment tool to all 58 counties in the state. Democratic lawmakers are pushing a bill — which Gov. Jerry Brown and California Chief Justice Tani Cantil-Sakauye have\u003ca href=\"https://ww2.kqed.org/news/2017/08/29/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018/\" target=\"_blank\" rel=\"noopener\"> promised to support\u003c/a> — that would reduce the use of money bail and create pretrial service agencies, like the one in San Francisco that administers the PSA tool.\u003c/p>\n\u003cp>Proponents of the change say the current system — in which bail amounts are set by courts based on the offense — \u003ca href=\"https://ww2.kqed.org/news/2017/03/27/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor/\" target=\"_blank\" rel=\"noopener\">punish poor defendants \u003c/a>who can’t afford to pay it, while allowing people with money who are potentially dangerous to go free.\u003c/p>\n\u003cp>Max Szabo, a spokesman for District Attorney George Gascón, said the data compiled in San Francisco indicate that the “PSA tool is beating money bail,” when it comes to keeping the public safe and ensuring that defendants show up in court.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>It’s impossible to make a direct comparison, because San Francisco doesn’t keep track of what happens to defendants released on money bail. But Szabo pointed to data compiled by the U.S. Department of Justice examining pretrial release outcomes in the 75 largest counties in the nation — including San Francisco.\u003c/p>\n\u003cp>One \u003ca href=\"https://www.bjs.gov/content/pub/pdf/fdluc06.pdf\" target=\"_blank\" rel=\"noopener\">report \u003c/a>showed that double the percentage of defendants — 12 percent — were arrested while they were out on bail or on their own recognizance during May 2006.\u003c/p>\n\u003cp>\u003ca href=\"https://www.bjs.gov/content/pub/pdf/fdluc09.pdf\" target=\"_blank\" rel=\"noopener\">Another showed \u003c/a>that in all of 2009, 29 percent of people out on bail or their own recognizance either committed a new crime, failed to appear in court or were taken back into custody for violating the terms of their release.\u003c/p>\n\u003cp>Szabo said these numbers show that the PSA tool is more accurate than money bail at predicting whether someone should be released as they await trial.\u003c/p>\n\u003cp>“Whether you’re using an algorithm or money bail, the criminal justice system is in the very difficult business of predicting criminal behavior,” Szabo said. “The key difference is that the algorithm assists counties with custody decisions based on a statistically significant prediction of pretrial behavior, as opposed to how much money you have in your bank account.”\u003c/p>\n\u003cp>The PSA tool being used in San Francisco isn’t without critics — and nor is the\u003ca href=\"https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing\" target=\"_blank\" rel=\"noopener\"> larger practice of relying on computer algorithms to make criminal justice decisions\u003c/a>.\u003c/p>\n\u003cp>Created by the Laura and John Arnold Foundation, the PSA tool was given to San Francisco and 37 other jurisdictions for free. In San Francisco, its use flew largely under the radar until this summer, when it was \u003ca href=\"http://www.sfgate.com/crime/article/Suspect-in-Twin-Peaks-killing-had-been-released-11743329.php\" target=\"_blank\" rel=\"noopener\">revealed \u003c/a>that a man accused in a robbery and murder on Twin Peaks had been determined by the tool to be fit for release.\u003c/p>\n\u003cp>City officials said at the time that the tool wasn’t at fault — \u003ca href=\"http://www.npr.org/2017/08/18/543976003/did-a-bail-reform-algorithm-contribute-to-this-san-francisco-man-s-murder\" target=\"_blank\" rel=\"noopener\">human error was\u003c/a>: An employee at the pretrial services agency entered incorrect data about the man’s past. \u003cspan class=\"s1\">But after we published this story, Eileen Hirst, a spokeswoman for the San Francisco Sheriff’s Department, told KQED that the calculation was not incorrect and that city officials re-ran the numbers multiple times to make sure. Hirst noted that a judge still could have overruled the PSA tool’s recommendation.\u003c/span>\u003c/p>\n\u003cp>But critics seized on the mistake as evidence that these tools shouldn’t replace a court’s judgment. Supporters of risk assessment agree, saying that the risk assessment should guide, not determine, decisions for judges.\u003c/p>\n\u003cp>And there are plenty of instances where someone out on bail committed a new crime.\u003c/p>\n\u003cp>In San Francisco, for example, Randall Stovall was recently arraigned on charges of attempted first-degree robbery, attempted carjacking and assault on a transportation employee. Stovall was already out on bail for alleged human trafficking of a minor, attempted pimping of a minor and other felony charges when the alleged attack on a Muni driver occurred.\u003c/p>\n\u003cp>He made bail after the most recent charges and is currently out of jail awaiting trial. He was not recommended for release under the PSA tool, but under the California constitution he has a right to bail.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated since it was initially published to reflect comments made by a spokeswoman for the San Francisco Sheriff’s Department.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last year, San Francisco \u003ca href=\"https://www.nytimes.com/2016/09/17/opinion/a-formula-to-make-bail-more-fair.html\" target=\"_blank\" rel=\"noopener\">began using an algorithm \u003c/a>to assess whether someone accused of a crime and awaiting trial is safe to be let out of jail.\u003c/p>\n\u003cp>Fifteen months later, prosecutors say the risk assessment tool appears to be working: According to information provided to KQED by the San Francisco District Attorney’s Office, just 6 percent of defendants who were released from jail based on the \u003ca href=\"http://www.arnoldfoundation.org/initiative/criminal-justice/crime-prevention/public-safety-assessment/\" target=\"_blank\" rel=\"noopener\">“public safety assessment,” or PSA\u003c/a>, over those 15 months committed a new crime; 20 percent failed to appear in court.\u003c/p>\n\u003cp>The findings come at a crucial time: California leaders are \u003ca href=\"https://ww2.kqed.org/news/2017/05/23/push-to-limit-money-bail-gains-steam-in-california/\" target=\"_blank\" rel=\"noopener\">weighing legislation\u003c/a> that could expand this type of risk assessment tool to all 58 counties in the state. Democratic lawmakers are pushing a bill — which Gov. Jerry Brown and California Chief Justice Tani Cantil-Sakauye have\u003ca href=\"https://ww2.kqed.org/news/2017/08/29/bail-reform-gets-backing-of-governor-chief-justice-but-put-off-to-2018/\" target=\"_blank\" rel=\"noopener\"> promised to support\u003c/a> — that would reduce the use of money bail and create pretrial service agencies, like the one in San Francisco that administers the PSA tool.\u003c/p>\n\u003cp>Proponents of the change say the current system — in which bail amounts are set by courts based on the offense — \u003ca href=\"https://ww2.kqed.org/news/2017/03/27/lawmakers-aim-to-limit-cash-bail-say-it-punishes-poor-for-being-poor/\" target=\"_blank\" rel=\"noopener\">punish poor defendants \u003c/a>who can’t afford to pay it, while allowing people with money who are potentially dangerous to go free.\u003c/p>\n\u003cp>Max Szabo, a spokesman for District Attorney George Gascón, said the data compiled in San Francisco indicate that the “PSA tool is beating money bail,” when it comes to keeping the public safe and ensuring that defendants show up in court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It’s impossible to make a direct comparison, because San Francisco doesn’t keep track of what happens to defendants released on money bail. But Szabo pointed to data compiled by the U.S. Department of Justice examining pretrial release outcomes in the 75 largest counties in the nation — including San Francisco.\u003c/p>\n\u003cp>One \u003ca href=\"https://www.bjs.gov/content/pub/pdf/fdluc06.pdf\" target=\"_blank\" rel=\"noopener\">report \u003c/a>showed that double the percentage of defendants — 12 percent — were arrested while they were out on bail or on their own recognizance during May 2006.\u003c/p>\n\u003cp>\u003ca href=\"https://www.bjs.gov/content/pub/pdf/fdluc09.pdf\" target=\"_blank\" rel=\"noopener\">Another showed \u003c/a>that in all of 2009, 29 percent of people out on bail or their own recognizance either committed a new crime, failed to appear in court or were taken back into custody for violating the terms of their release.\u003c/p>\n\u003cp>Szabo said these numbers show that the PSA tool is more accurate than money bail at predicting whether someone should be released as they await trial.\u003c/p>\n\u003cp>“Whether you’re using an algorithm or money bail, the criminal justice system is in the very difficult business of predicting criminal behavior,” Szabo said. “The key difference is that the algorithm assists counties with custody decisions based on a statistically significant prediction of pretrial behavior, as opposed to how much money you have in your bank account.”\u003c/p>\n\u003cp>The PSA tool being used in San Francisco isn’t without critics — and nor is the\u003ca href=\"https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing\" target=\"_blank\" rel=\"noopener\"> larger practice of relying on computer algorithms to make criminal justice decisions\u003c/a>.\u003c/p>\n\u003cp>Created by the Laura and John Arnold Foundation, the PSA tool was given to San Francisco and 37 other jurisdictions for free. In San Francisco, its use flew largely under the radar until this summer, when it was \u003ca href=\"http://www.sfgate.com/crime/article/Suspect-in-Twin-Peaks-killing-had-been-released-11743329.php\" target=\"_blank\" rel=\"noopener\">revealed \u003c/a>that a man accused in a robbery and murder on Twin Peaks had been determined by the tool to be fit for release.\u003c/p>\n\u003cp>City officials said at the time that the tool wasn’t at fault — \u003ca href=\"http://www.npr.org/2017/08/18/543976003/did-a-bail-reform-algorithm-contribute-to-this-san-francisco-man-s-murder\" target=\"_blank\" rel=\"noopener\">human error was\u003c/a>: An employee at the pretrial services agency entered incorrect data about the man’s past. \u003cspan class=\"s1\">But after we published this story, Eileen Hirst, a spokeswoman for the San Francisco Sheriff’s Department, told KQED that the calculation was not incorrect and that city officials re-ran the numbers multiple times to make sure. Hirst noted that a judge still could have overruled the PSA tool’s recommendation.\u003c/span>\u003c/p>\n\u003cp>But critics seized on the mistake as evidence that these tools shouldn’t replace a court’s judgment. Supporters of risk assessment agree, saying that the risk assessment should guide, not determine, decisions for judges.\u003c/p>\n\u003cp>And there are plenty of instances where someone out on bail committed a new crime.\u003c/p>\n\u003cp>In San Francisco, for example, Randall Stovall was recently arraigned on charges of attempted first-degree robbery, attempted carjacking and assault on a transportation employee. Stovall was already out on bail for alleged human trafficking of a minor, attempted pimping of a minor and other felony charges when the alleged attack on a Muni driver occurred.\u003c/p>\n\u003cp>He made bail after the most recent charges and is currently out of jail awaiting trial. He was not recommended for release under the PSA tool, but under the California constitution he has a right to bail.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been updated since it was initially published to reflect comments made by a spokeswoman for the San Francisco Sheriff’s Department.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Inmate's Death Is Latest Black Mark for Orange County Sheriff's Dept.",
"title": "Inmate's Death Is Latest Black Mark for Orange County Sheriff's Dept.",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>Orange County authorities continue to investigate the death of a jail inmate earlier this month. The death of 27-year-old Danny Pham has resulted in the suspension of five jail employees and is the latest scandal to hit OC law enforcement.\u003c/p>\n\u003cp>Pham was scheduled to be released from jail July 10 after serving a three-month sentence for auto theft. He died in his cell on July 3.\u003c/p>\n\u003cp>Pham's death is the latest in a string of black marks for the embattled Orange County Sheriff’s Department, following a \u003ca href=\"https://ww2.kqed.org/news/2016/01/26/50k-reward-as-manhunt-continues-for-3-escaped-inmates-in-california/\" target=\"_blank\" rel=\"noopener noreferrer\">brazen jailbreak\u003c/a> by three inmates last year and ongoing questions over the misuse of jailhouse informants.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There are murderers in the jail. That's just the way it is.'\u003ccite>Lt. Lane Lagaret, Orange County Sheriff's Department\u003c/cite>\u003c/aside>\n\u003cp>Five jail employees have been put on paid administrative leave in connection with Pham’s death while the sheriff’s department conducts an internal investigation.\u003c/p>\n\u003cp>The Orange County District Attorney’s Office is also investigating Pham’s death, as it does with all in-custody deaths.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Both law enforcement agencies have released only scant details about the incident, citing the ongoing investigations.\u003c/p>\n\u003cp>But Michael Guisti, a lawyer hired by Pham’s family, suspects Pham was killed by his reported cellmate, a man in custody on suspicion of murdering two homeless people. Pham, in contrast, was finishing up a three-month sentence for vehicle theft, which Guisti characterized as \"joyriding.\"\u003c/p>\n\u003cp>Neither the DA’s office nor the Sheriff’s Department would confirm the name of Pham’s cellmate or whether or not he was suspected of killing Pham. But Guisti said the cellmate was Marvin Magallanes. Both men were being housed at the county Intake and Release Center.\u003c/p>\n\u003cp>Guisti has filed a complaint, a precursor to a lawsuit, with the county over Pham’s death.\u003c/p>\n\u003cp>Lt. Lane Lagaret, a spokesman for the Sheriff's Department, said jail staff select housing for inmates based on a variety of factors and that it’s not unusual for inmates with disparate sentences to be placed together.\u003c/p>\n\u003cp>\"There are murderers in the jail. That’s just the way it is,\" he said.\u003c/p>\n\u003cp>James Sida, a consultant who has assessed jail management for Orange and L.A. counties, says housing a potential serial killer with a nonviolent offender would raise questions. He also said the fact that five jail employees were put on leave indicates a potential violation of jail policy or even the law.\u003c/p>\n\u003cp>\"The rule of thumb in jails is that an individual should walk out of the jail in at least as good a shape as when they came in,\" he said.\u003c/p>\n\u003cp>He stressed that any jail death exposes the local jurisdiction, in this case the county, to harsh scrutiny and expensive litigation.\u003c/p>\n\u003cp>[contextly_sidebar id=\"Q3sKnAlUNmB3ZgXKOyaquYVXh0zJmfDF\"]\u003c/p>\n\u003cp>The Orange County’s Sheriff’s Department and DA’s office are already under the spotlight. Last year, \u003ca href=\"http://projects.scpr.org/timelines/oc-jail-escape/\">three inmates escaped\u003c/a> from the OC Men’s Central Jail in Santa Ana, cutting through several layers of metal, steel and rebar, crawling through plumbing tunnels and then rappelling off the roof to a getaway vehicle.\u003c/p>\n\u003cp>Sheriff Sandra Hutchens has acknowledged that staffing shortages and management flaws contributed to the escape.\u003c/p>\n\u003cp>Hutchens also recently admitted that some deputies \u003ca href=\"http://www.scpr.org/news/2017/07/05/73544/oc-sheriff-hutchens-acknowledges-informant-use-in/\">misused jailhouse informants\u003c/a> to secure convictions against inmates. State and federal officials are investigating the so-called jailhouse snitch scandal.\u003c/p>\n\u003cp>In a recent \u003ca href=\"https://www.aclusocal.org/sites/default/files/ocjails2017-aclu-socal-report.pdf\">report\u003c/a>, the ACLU slammed the Sheriff's Department for alleged mistreatment of jail inmates, including failure to prevent inmate-on-inmate violence.\u003c/p>\n\u003cp>In 2014, an inmate at OC’s Theo Lacy Jail was charged with murder for killing his cellmate, Thiep Truong Nguyen. In 2006, inmates at Theo Lacy beat fellow inmate John Chamberlain to death, leading to murder charges for six inmates.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chamberlain’s death also prompted an investigation into OC jail operations by the U.S. Department of Justice’s Civil Rights Division. That investigation is still open.\u003c/p>\n\n",
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"excerpt": "Danny Pham's death on July 3 follows a brazen jailbreak by three inmates last year, and ongoing questions over the misuse of jailhouse informants.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Orange County authorities continue to investigate the death of a jail inmate earlier this month. The death of 27-year-old Danny Pham has resulted in the suspension of five jail employees and is the latest scandal to hit OC law enforcement.\u003c/p>\n\u003cp>Pham was scheduled to be released from jail July 10 after serving a three-month sentence for auto theft. He died in his cell on July 3.\u003c/p>\n\u003cp>Pham's death is the latest in a string of black marks for the embattled Orange County Sheriff’s Department, following a \u003ca href=\"https://ww2.kqed.org/news/2016/01/26/50k-reward-as-manhunt-continues-for-3-escaped-inmates-in-california/\" target=\"_blank\" rel=\"noopener noreferrer\">brazen jailbreak\u003c/a> by three inmates last year and ongoing questions over the misuse of jailhouse informants.\u003c/p>\n\u003caside class=\"pullquote alignright\">'There are murderers in the jail. That's just the way it is.'\u003ccite>Lt. Lane Lagaret, Orange County Sheriff's Department\u003c/cite>\u003c/aside>\n\u003cp>Five jail employees have been put on paid administrative leave in connection with Pham’s death while the sheriff’s department conducts an internal investigation.\u003c/p>\n\u003cp>The Orange County District Attorney’s Office is also investigating Pham’s death, as it does with all in-custody deaths.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Both law enforcement agencies have released only scant details about the incident, citing the ongoing investigations.\u003c/p>\n\u003cp>But Michael Guisti, a lawyer hired by Pham’s family, suspects Pham was killed by his reported cellmate, a man in custody on suspicion of murdering two homeless people. Pham, in contrast, was finishing up a three-month sentence for vehicle theft, which Guisti characterized as \"joyriding.\"\u003c/p>\n\u003cp>Neither the DA’s office nor the Sheriff’s Department would confirm the name of Pham’s cellmate or whether or not he was suspected of killing Pham. But Guisti said the cellmate was Marvin Magallanes. Both men were being housed at the county Intake and Release Center.\u003c/p>\n\u003cp>Guisti has filed a complaint, a precursor to a lawsuit, with the county over Pham’s death.\u003c/p>\n\u003cp>Lt. Lane Lagaret, a spokesman for the Sheriff's Department, said jail staff select housing for inmates based on a variety of factors and that it’s not unusual for inmates with disparate sentences to be placed together.\u003c/p>\n\u003cp>\"There are murderers in the jail. That’s just the way it is,\" he said.\u003c/p>\n\u003cp>James Sida, a consultant who has assessed jail management for Orange and L.A. counties, says housing a potential serial killer with a nonviolent offender would raise questions. He also said the fact that five jail employees were put on leave indicates a potential violation of jail policy or even the law.\u003c/p>\n\u003cp>\"The rule of thumb in jails is that an individual should walk out of the jail in at least as good a shape as when they came in,\" he said.\u003c/p>\n\u003cp>He stressed that any jail death exposes the local jurisdiction, in this case the county, to harsh scrutiny and expensive litigation.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Orange County’s Sheriff’s Department and DA’s office are already under the spotlight. Last year, \u003ca href=\"http://projects.scpr.org/timelines/oc-jail-escape/\">three inmates escaped\u003c/a> from the OC Men’s Central Jail in Santa Ana, cutting through several layers of metal, steel and rebar, crawling through plumbing tunnels and then rappelling off the roof to a getaway vehicle.\u003c/p>\n\u003cp>Sheriff Sandra Hutchens has acknowledged that staffing shortages and management flaws contributed to the escape.\u003c/p>\n\u003cp>Hutchens also recently admitted that some deputies \u003ca href=\"http://www.scpr.org/news/2017/07/05/73544/oc-sheriff-hutchens-acknowledges-informant-use-in/\">misused jailhouse informants\u003c/a> to secure convictions against inmates. State and federal officials are investigating the so-called jailhouse snitch scandal.\u003c/p>\n\u003cp>In a recent \u003ca href=\"https://www.aclusocal.org/sites/default/files/ocjails2017-aclu-socal-report.pdf\">report\u003c/a>, the ACLU slammed the Sheriff's Department for alleged mistreatment of jail inmates, including failure to prevent inmate-on-inmate violence.\u003c/p>\n\u003cp>In 2014, an inmate at OC’s Theo Lacy Jail was charged with murder for killing his cellmate, Thiep Truong Nguyen. In 2006, inmates at Theo Lacy beat fellow inmate John Chamberlain to death, leading to murder charges for six inmates.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Chamberlain’s death also prompted an investigation into OC jail operations by the U.S. Department of Justice’s Civil Rights Division. That investigation is still open.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years",
"title": "Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years",
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"content": "\u003cp>On June 20, 2014, a bail bond agent named Dino Garcia received a phone call from an inmate in the \u003ca href=\"https://www.sccgov.org/sites/sheriff/pages/mainjail-visiting.aspx\" target=\"_blank\">Santa Clara County Main Jail\u003c/a>. The inmate, known as Riley in \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\">court documents\u003c/a>, wasn’t calling to bail himself out.\u003c/p>\n\u003cp>He was calling about bail for another inmate who had just arrived at the jail. Riley told Garcia the new inmate was trustworthy and willing to use his homes or vehicles as collateral.\u003c/p>\n\u003cp>Garcia spoke to the man and then got back on the line with Riley, urging him to find more clients.\u003c/p>\n\u003cp>“Get me some good ones, dude, some Asians, some fucking Hindus, some good domestic violence ones,” said Garcia, according to a \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p12\" target=\"_blank\">transcript\u003c/a> of the call.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Listen to KQED's Bail Investigation Series\u003c/h3>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt1.mp3\" title=\"Bail Bonds Schemes Exposed: Part One\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/JailMirror.jpg\"]\u003cbr>\n[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/BailBondsPart2FixedwithLede.mp3\" title=\"Bail Bonds Schemes Exposed: Part Two\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg\"]\u003cbr>\n[audio src=\"http://www.kqed.org/.stream/anon/radio/RDnews/2017/04/LewisBailBondspt3.mp3\" title=\"Bail Bonds Schemes Exposed: Part Three\" program=\"KQED News\" image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/11/RS17524_Judge-addresses-holloway-qut.jpg\"]\u003c/p>\n\u003c/aside>\n\u003cp>Garcia wasn’t alone. For years, bail bond agents had been compensating inmates to drum up business in the county’s jails, according to an investigation by the Santa Clara County District Attorney’s Office.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Prosecutors say the illegal activity, known as “bail capping,” gave agents an unfair competitive advantage.\u003c/p>\n\u003cp>It also put inmates and the public at risk.\u003c/p>\n\u003cp>KQED has learned that the \u003ca href=\"https://www.sccgov.org/sites/sheriff/Pages/overview.aspx\">Santa Clara County Sheriff's Department \u003c/a>knew that bail capping was occurring in its jails, but failed to stop it.\u003c/p>\n\u003cp>Through interviews and court records, KQED has found that at least 30 inmates in Santa Clara County jails were involved in bail-capping schemes. Those recruiters controlled access to the phones, threatened other inmates or promised cheap bail to pressure inmates to sign contracts with certain bail agents.\u003c/p>\n\u003cp>The sheriff’s department’s lack of oversight -- and lax policies -- made it easier for agents and inmates to continue working together, in violation of the law.\u003c/p>\n\u003cp>\u003cstrong>'Gatekeepers of bail'\u003c/strong>\u003c/p>\n\u003cp>Longtime inmates in the Santa Clara County Main Jail acted as the “gatekeepers of bail,” according to Alison Filo, the deputy district attorney tasked with prosecuting dozens of bail agents for illegal business practices.\u003c/p>\n\u003cp>Scott Culp told KQED he started working for agents from inside the main jail about three months after he was arrested for armed robbery in 2013. He said he worked as a recruiter until he was transferred to \u003ca href=\"http://www.cdcr.ca.gov/Facilities_Locator/PVSP.html\" target=\"_blank\">Pleasant Valley State Prison\u003c/a> in 2016.\u003c/p>\n\u003cp>Culp said new inmates had “no choice” but to use the bail bond agents he called.\u003c/p>\n\u003cp>In order to make a phone call, inmates needed a special code. Culp said in the unit where he was serving time, new inmates weren’t given instructions on how to use the phone codes. He would “help” them.\u003c/p>\n\u003cfigure id=\"attachment_11395507\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395507\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Culp-800x1000.jpg\" alt=\"Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-800x1000.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-520x650.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \u003ccite>(From Scott Culp's case file)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I take their code,” explained Culp. “I use their code, so they’re not able to call their family to have their family bail them out. They have to go through me and through these bail agencies.”\u003c/p>\n\u003cp>Under state law, only defendants, their family members or their attorneys can contact a bail agent to arrange bail.\u003c/p>\n\u003cp>Prosecutors say that bail capping creates a predatory environment in the jail. First-time inmates are especially vulnerable, because often they’re afraid and have little information. They don’t know, for example, that they may be \u003ca href=\"https://www.sccgov.org/sites/pretrial/Pages/Office-of-Pretrial-Services.aspx\" target=\"_blank\">eligible to get out of jail\u003c/a> without paying bail or to have their bail reduced.\u003c/p>\n\u003cp>“Their instant reaction is what they see on television or what they read in the newspapers,” Filo said, “Which is, ‘I've got to get bail,’ and that sort of desperation is preyed upon by the inmates who are in custody seeking to get some benefit for themselves.”\u003c/p>\n\u003cp>Inmate-recruiters also angled to maintain that benefit by limiting their competition.\u003c/p>\n\u003cp>When Garcia complained to an inmate named Alberto Solorio about another inmate who was “pushing people to Luna,” a rival bail agency, Solorio assured him that he would take care of the problem, according to an\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\"> investigator’s summary\u003c/a> of a phone call between the two men.\u003c/p>\n\u003cp>Garcia told Solorio to get the other inmate “rolled out (kicked out of the dorm).” Solorio responded: “That’s not even a problem.”\u003c/p>\n\u003cp>\u003cstrong>Visitation irregularities\u003c/strong>\u003c/p>\n\u003cp>Culp told KQED that guards were also involved in the illegal activity.\u003c/p>\n\u003cp>He said guards allowed some bail agents to visit him multiple times a week, even though he was not eligible for bail. During those visits, Culp said, agents would train him to recruit new clients, explaining what kinds of questions to ask inmates to find out their suitability for bail.\u003c/p>\n\u003cp>KQED submitted a public records request for the log of Culp’s visitors. In its response, the sheriff’s department said Culp had no visitors.\u003c/p>\n\u003cp>Garcia, now a former bail agent, told KQED that he saw correctional officers giving other agents special treatment, allowing them access to the jail outside of visiting hours.\u003c/p>\n\u003cp>Bail agents are supposed to follow the same rules as other jail visitors, according to the sheriff's department, including writing down the names of the inmates they are visiting in a log book.\u003c/p>\n\u003cp>But at least one bail agent, Fernando Casillas of Aladdin Bail Bonds, was permitted to bypass visiting procedures. According to the \u003ca href=\"https://www.documentcloud.org/documents/3533677-Casillas1.html\" target=\"_blank\">district attorney’s investigation\u003c/a>, when Casillas came into the jail to interview an inmate, he wrote “inmate” on the log book.\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11395508\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395508\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-800x1000.jpg\" alt=\"Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices.\" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-520x650.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices. \u003ccite>(\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958950626/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The inmate who Casillas interviewed was named Lakhbir Singh. Singh told investigators that a jail staff member referred him to Casillas.\u003c/p>\n\u003cp>“Singh said he was then interviewed by someone inside the jail from Aladdin Bail Bonds soon after speaking with this person working at the jail,” the investigator's report said.\u003c/p>\n\u003cp>Singh said that neither he nor his wife called Casillas or \u003ca href=\"https://www.aladdinbailbonds.com/\" target=\"_blank\">Aladdin Bail Bonds\u003c/a>.\u003c/p>\n\u003cp>Investigators were unable to identify the jail staff member.\u003c/p>\n\u003cp>The sheriff’s department did not respond to questions about its visitation procedures or whether it had investigated jail staff in connection with bail capping.\u003c/p>\n\u003cp>The district attorney’s office said it did not have evidence to file charges against any guards or jail administrators.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Amy Le, president of the \u003c/span>\u003cspan style=\"font-weight: 400\">Santa Clara County Correctional Peace Officers Association, said she is not aware of any officer involvement in bail capping schemes.\u003c/span>\u003c/p>\n\u003cp>“We have over 750 employees here,” she said. “We are all professional people. We do what is right even when no one is watching.”\u003c/p>\n\u003cp>Le said to her knowledge none of the employees she represents have been investigated or disciplined for bail-related misconduct.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If officers are involved in such misconduct, Le said, “They [the officers] don’t need to wear a uniform. They don’t need to work here.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11395513\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11395513 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg\" alt='Aladdin Bail Bonds was one of seven companies whose agents were arrested for illegal business practices including \"bail capping.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Aladdin Bail Bonds was one of seven companies whose agents were arrested for alleged illegal business practices, including bail capping. \u003ccite>(Jayne Lucas/\u003ca href=\"%E2%80%9Chhttps://www.flickr.com/photos/ca_dept_insurance/20798065700/in/album-72157657509991139/%22\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp> \u003c/p>\n\u003cp>The sheriff’s department has been under \u003ca href=\"https://ww2.kqed.org/news/2017/01/25/inmates-brutal-beating-death-spurs-scrutiny-and-reform-in-santa-clara-county-jails/\" target=\"_blank\">scrutiny\u003c/a> since the in-custody death of Michael Tyree on Aug. 26, 2015. Three guards are on \u003ca href=\"http://www.mercurynews.com/2017/04/04/michael-tyree/\" target=\"_blank\">trial\u003c/a> for allegedly beating the mentally ill inmate to death. The guards -- Matthew Farris, Rafael Rodriguez and Jereh Lubrin -- have pleaded not guilty to second-degree murder.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.sccgov.org/sites/scc/pages/brc.aspx\" target=\"_blank\">commission\u003c/a> formed to assess operations in Santa Clara County’s jails in the wake of Tyree’s death did not address illegal activity between bail agents and inmates.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.fbi.gov/contact-us/field-offices/sanfrancisco\" target=\"_blank\">Federal Bureau of Investigation\u003c/a> would not comment on whether it is investigating the sheriff’s department.\u003c/p>\n\u003cp>\u003cstrong>$100 deposits\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p16\" target=\"_blank\">Court records\u003c/a> show that jail administrators knew since at least 2012 that illegal bail activity was going on in the jails.\u003c/p>\n\u003cp>On July 6, 2012, Kevin Heilman, who was then the captain of the main jail, received an email from Sgt. Eric Liddle. A bail agent had complained to Liddle that inmates in the Main Jail were working as paid recruiters for another bail firm. Liddle recommended an investigation.\u003c/p>\n\u003cp>Another jail sergeant wrote to Heilman in a follow-up report dated July 31, 2012, that guards had searched the cell of two inmates suspected of being involved in the scheme. They found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account. The two inmates were moved to other areas of the jail.\u003c/p>\n\u003cp>Court documents do not indicate whether the sheriff’s department took any action against bail agents, including restricting their access to inmates.\u003c/p>\n\u003cp>A year later, Lt. April McHugh at the Main Jail \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p34\" target=\"_blank\">emailed \u003c/a>sheriff’s department administrators about a call she received from a bail agent named Robert Silva of Amigo Bail Bonds, alleging that bail agents and inmates were still working together.\u003c/p>\n\u003cfigure id=\"attachment_11395493\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395493\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/File_008-800x600.jpeg\" alt=\"When guards searched the cell of two inmate suspected of involvement in bail capping they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-160x120.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1020x765.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-240x180.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-375x281.jpeg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">When guards searched the cell of two inmate suspected of involvement in bail capping, they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\u003c/figcaption>\u003c/figure>\n\u003cp>“The inmates allegedly question the new inmates as to whether they have bail and when they say they do they intimidate them to go to the other company,” McHugh wrote. “The other company sends commissary packages online anonymously to the inmate who refers the new inmate to them.\u003c/p>\n\u003cp>“It sounds like this inquiry has gone nowhere, but Mr. Silva says he has one or two ‘victims’ who are very afraid to talk, because the bail company has all of their information. I am not sure what he hopes to gain by contacting Main Jail.”\u003c/p>\n\u003cp>The department declined to answer questions about whether it investigated Silva’s complaint.\u003c/p>\n\u003cp>In 2014, the district attorney’s office launched its own bail-capping investigation and found widespread illegal activity between bail agents and jail inmates.\u003c/p>\n\u003cp>\u003cstrong>Jail accounting\u003c/strong>\u003c/p>\n\u003cp>Jail practices made it easy for bail agents to pay recruiters with deposits into their inmate commissary accounts.\u003c/p>\n\u003cp>Culp, the former Santa Clara County inmate, claims agents paid him $15,000 in one year.\u003c/p>\n\u003cp>KQED couldn’t confirm the payments to Culp. Prosecutors couldn’t either. The jail did not track deposits to commissary accounts, allowing agents to give inmates money without the jail having any record of the source of those funds.\u003c/p>\n\u003cp>“You would think that you would have to show some identification or something in order to provide an inmate with commissary credit or phone credit or actual cash,” Filo said. “And you don't. So they were able to freely give those sorts of benefits with no accountability or no paper trail.”\u003c/p>\n\u003cp>Inmates leaving the Main Jail would often pass the “business” on to others.\u003c/p>\n\u003cp>The sheriff's department did not answer questions about whether it has taken measures to track commissary account deposits.\u003c/p>\n\u003cp>\u003cstrong>Three-way calling\u003c/strong>\u003c/p>\n\u003cp>Bail agents also compensated inmates with free phone calls. Such calls can cost \u003ca href=\"http://www.eastbayexpress.com/oakland/exploiting-inmates/Content?oid=4185319\" target=\"_blank\">$3 just to establish a connection\u003c/a>.\u003c/p>\n\u003cp>The Santa Clara County Main Jail records inmates’ phone calls, and jail staff are supposed to monitor them.\u003c/p>\n\u003cp>“They do random monitoring,” said Le, the correctional officers’ association president.\u003c/p>\n\u003cp>But court records show bail agents regularly used three-way calling to allow their inmate-recruiters to contact friends and family. An inmate would call an agent, who would then forward the call to a phone number that inmate provided. Jail phone records would show only that the inmate called the agent.\u003c/p>\n\u003cp>By hiding the ultimate targets of their calls, inmates could use the free calls to intimidate witnesses or run other criminal activities from behind bars, putting the public at risk.\u003c/p>\n\u003cfigure id=\"attachment_11395222\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg\" alt=\"For years bail bonds agents used inmates inside Santa Clara County Main Jail to drum up new business.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For years bail bonds agents used inmates inside the Santa Clara County Main Jail to drum up new business. \u003ccite>(Lisa Pickoff White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If the bail agent then uses his or her cellphone or office phone and makes a three-way call to, for instance, that inmate’s domestic violence victim, who is protected by a restraining order, we would have no way to prove that phone call was made,” prosecutor Filo said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Le said if inmates are caught making three-way calls, they can have their calling privileges suspended. But, she added, the volume of jailhouse calls makes monitoring them difficult. \u003c/span>\u003c/p>\n\u003cp>The sheriff’s department declined to answer questions about whether jail staff monitored those calls or whether it has taken steps to block three-way calling.\u003c/p>\n\u003cp>Garcia said he never paid inmates with cash. But he acknowledged giving them free phone calls.\u003c/p>\n\u003cp>Court records show that during a five-month period in 2014, Garcia received 934 calls from the jail to his personal cellphone.\u003c/p>\n\u003cp>\u003cstrong>The bust\u003c/strong>\u003c/p>\n\u003cp>Investigators in the district attorney’s office started combing through thousands of recorded phone calls between bail agents and inmates in September 2014.\u003c/p>\n\u003cp>In late August 2015, Garcia peered through the blinds in his living room. He found his house surrounded by law enforcement officers with their guns drawn. They were pointing at him.\u003c/p>\n\u003cp>“I said, ‘Holy smokes!’ ” Garcia said. “I thought I was dreaming.”\u003c/p>\n\u003cp>Police arrested Garcia and booked him into the Santa Clara County Main Jail.\u003c/p>\n\u003cp>“It's funny, because I couldn't get through to anyone,” he said. “Everybody was in jail.”\u003c/p>\n\u003cp>Along with Garcia, law enforcement officers arrested 30 other bail bond agents. It was the \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2015/release083-15.cfm\" target=\"_blank\">largest bust\u003c/a> of its kind in state history.\u003c/p>\n\u003cp>Prosecutor Filo said when the district attorney’s office first began looking into bail-capping allegations, it didn’t expect to uncover evidence against so many bail agents. She said at some point investigators had to limit the scope of their work to get through the evidence they already had.\u003c/p>\n\u003cp>Garcia worked for a small firm, but many of those agents were employed by some of the nation’s biggest bail providers, including Aladdin, All-Pro Bail Bonds and Bail Hotline.\u003c/p>\n\u003cp>Garcia will serve three months in jail for his involvement in bail capping.\u003c/p>\n\u003cfigure id=\"attachment_11395509\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395509\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/24881_transform-800x1200.jpg\" alt=\"The Santa Clara County District Attorney's office busted 31 bail bond agents in 2015 for illegal business practices.\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-520x780.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Santa Clara County District Attorney's Office busted 31 bail bond agents in 2015 for illegal business practices. \u003ccite>(Jayne Lucas/\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958801736/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Most of the agents who were arrested have accepted plea deals, with sentences ranging from community service to four months in jail. Seven of the cases have yet to be adjudicated. One agent, Garcia’s boss, went to trial and was found not guilty.\u003c/p>\n\u003cp>No charges were filed against any bail firms or inmates.\u003c/p>\n\u003cp>Jeff Clayton, director of the\u003ca href=\"http://www.americanbailcoalition.org/\" target=\"_blank\"> American Bail Coalition\u003c/a>, insisted the agents who were arrested do not represent the industry.\u003c/p>\n\u003cp>“We don’t agree with people doing the alleged conduct, and if it is happening it does need to be stopped,” he said.\u003c/p>\n\u003cp>Clayton said bail agents who don’t follow the rules should have their licenses revoked, but doesn’t think they should face felony charges.\u003c/p>\n\u003cp>\u003cstrong>'Charity bonds'\u003c/strong>\u003c/p>\n\u003cp>Unlawful bail practices aren’t unique to Santa Clara County. In the past few years, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-former-lapd-jailer-accused-taking-bribes-20160506-story.html\" target=\"_blank\">Los Angeles\u003c/a>, \u003ca href=\"http://www.sanbag.ca.gov/news/publications/2012-13GrandJuryFinalReportonlineposting.pdf\" target=\"_blank\">San Bernardino\u003c/a> and \u003ca href=\"http://www.orangecounty-bailbonds.com/dui-blog/394-inmate-capping-the-dirty-little-secret-inside-our-jails\" target=\"_blank\">Orange\u003c/a> counties have reported bail-capping cases. The\u003ca href=\"http://www.insurance.ca.gov/0400-news/multimedia/0030VideoHearings/bailhearingvideo.cfm\" target=\"_blank\"> California Department of Insurance\u003c/a>, which regulates the bail industry, estimated that since 2012, complaints about illegal activity by bail agents have tripled.\u003c/p>\n\u003cp>Many of these have come from other bail agents. The \u003ca href=\"https://www.sccgov.org/sites/da/Pages/DA-office-site-home-page.aspx\">Santa Clara County District Attorney's Office\u003c/a> launched its 2014 investigation after receiving complaints from agents.\u003c/p>\n\u003cp>The surge in complaints may be a result of increased competition within the industry, which generates $2 billion in revenue nationwide.\u003c/p>\n\u003cp>According to testimony from Sylvia Herrera, a former Aladdin employee and a witness in the bail-capping cases, agents had to bring in $50,000 and write 20-30 bonds a month. Herrera said the quota was nearly impossible to meet without bending the rules.\u003c/p>\n\u003cp>She described several occasions when she posted bonds for defendants for as little as $10 down. She said she would set up a payment plan for a defendant, knowing the person would probably never pay it.\u003c/p>\n\u003cp>Herrera said agents don’t make a commission on these “charity bonds,” but the deals boost their monthly numbers, and the bail agency is satisfied because the competition for those bonds is eliminated.\u003c/p>\n\u003cp>Aladdin didn’t respond to requests for comment.\u003c/p>\n\u003cp>Payment plans are common in the \u003ca href=\"https://ww2.kqed.org/lowdown/2016/05/03/how-bail-works/\" target=\"_blank\">bail industry\u003c/a>. But they can put the public at risk. A defendant facing felony charges for a violent crime can get out of jail while paying a fraction of the standard bail amount.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533676-Alvarez.html#document/p7\" target=\"_blank\">Court records\u003c/a> show that a Santa Clara County defendant charged with a felony -- battery with serious bodily injury -- bargained with a bail agent to get out of jail for a $150 down payment. A judge had set his bail at $25,000.\u003c/p>\n\u003cp>The final terms of this deal, like all bail bond deals, aren’t known to the public, the courts or regulators.\u003c/p>\n\u003cp>Clayton, the bail industry spokesman, acknowledged that payment plans are a problem. Other states have a set “floor” on how much money a defendant has to put up, but California does not. He said in an effort to get business, bail agents here offer defendants smaller and smaller down payments as part of a “race to the bottom.”\u003c/p>\n\u003cp>\u003cstrong>Balloon payments\u003c/strong>\u003c/p>\n\u003cp>The terms of these payment plans can also hurt defendants.\u003c/p>\n\u003cp>Some payment plans are structured like payday loans, with debt payments ballooning over time, according to Cherise Burdeen of the \u003ca href=\"http://www.pretrial.org/\" target=\"_blank\">Pretrial Justice Institute\u003c/a>, an organization working to end for-profit bail.\u003c/p>\n\u003cp>“People will be paying long after they've satisfied whatever conditions they agreed to for the court,” Burdeen said.\u003c/p>\n\u003cp>Those who sign bail contracts with payment plans can lose their cars or even their homes. Often it’s not the defendant who pays, but a family member.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.insurance.ca.gov/\" target=\"_blank\">California Department of Insurance\u003c/a> said it does not regulate contracts between agents and individuals. Teresa Campbell, assistant chief counsel for the department, said it often receives calls from people who say that a bail agent has taken possession of a car used for collateral, even though the defendant has not missed a court date. Campbell said the department can’t make the agent return the car, but it can apply pressure.\u003c/p>\n\u003cp>“In those situations, we will try and resolve it by getting that consumer, making that consumer whole,” she said. “They just want that car back, so we can work something out where they pay a fine or they have a restriction, and then they give the car back.”\u003c/p>\n\u003cp>Campbell said the department doesn’t have the resources or the authority to adequately police bail agents. But she said that many bail agents are trying to keep their industry clean.\u003c/p>\n\u003cp>“Bail agents will often make complaints about other bail agents, if they know that they're going into jails or things like that,” she said.\u003c/p>\n\u003cp>\u003cstrong>An Alternative to Bail\u003c/strong>\u003c/p>\n\u003cp>California state lawmakers are considering moving the state away from a money-based bail system to what is called \u003ca href=\"https://ww2.kqed.org/news/2016/05/12/contra-costa-pretrial-program-offers-relief-for-those-who-cant-afford-bail/\" target=\"_blank\">“risk-based” pretrial release\u003c/a>.\u003c/p>\n\u003cp>Under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB42\" target=\"_blank\">legislation\u003c/a> sponsored by \u003ca href=\"http://www.robbonta.com/\" target=\"_blank\">Assemblyman Rob Bonta\u003c/a> (D-Alameda) and \u003ca href=\"http://sd18.senate.ca.gov/\" target=\"_blank\">Sen. Robert Hertzberg\u003c/a> (D-Van Nuys), defendants would be assessed for release based on a range of risk factors, including employment, criminal history and community ties.\u003c/p>\n\u003cp>Individuals who are considered lower risk will be released on their own recognizance, without having to pay bail. Higher-risk defendants could be released if they comply with certain conditions, such as ankle monitoring or check-ins with a pretrial services officer.\u003c/p>\n\u003cp>Defendants charged with violent crimes such as murder would not qualify for the pretrial release program. Judges would retain their authority to set bail in cases they deem appropriate.\u003c/p>\n\u003cp>The bill’s proponents say that it would reduce the number of people in jail awaiting trial and create a more equitable system. But bail agents say the legislation threatens public safety and undermines defendants’ civil liberties.\u003c/p>\n\u003cp>“It’s basically putting people on parole before they’ve been accused of a crime,” said Corrin Rankin of the \u003ca href=\"https://www.cbaa.com/\" target=\"_blank\">California Bail Agents Association\u003c/a>.\u003c/p>\n\u003cp>Rankin said money bail works because bail agents are neutral third parties. They don’t have any stake in what the defendant did or didn’t do.\u003c/p>\n\u003cp>“It’s beside the point,\" Rankin said. \"Our job is to make sure people go to court and we do it well.”\u003c/p>\n\u003cp>Santa Clara County is also considering moving away from money bail. It’s studying the feasibility of a nonprofit alternative to commercial bail bonds and looking at expanding pretrial supervision.\u003c/p>\n\u003cp>“Our objective is making Santa Clara County safe and making sure that our justice system is truly just,” \u003ca href=\"https://www.sccgov.org/sites/d2/Pages/d2-supervisor-cindy-chavez.aspx\" target=\"_blank\">county Supervisor Cindy Chavez\u003c/a> said.\u003c/p>\n\u003cp>\u003cem>This piece was updated to include comments from Amy Le, president of the Santa Clara County Correctional Peace Officers Association. An earlier version of this post included comments from correctional officer Sean Allen.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This project was completed as part of a John Jay College of Criminal Justice reporting fellowship.\u003c/em>\u003c/p>\n\n",
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"excerpt": "Bail bond agents paid inmates to drum up business behind bars, giving them money or free phone calls. KQED has learned that the Santa Clara County Sheriff's Department knew this illegal activity was occurring -- but failed to stop it.",
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"description": "Bail bond agents paid inmates to drum up business behind bars, giving them money or free phone calls. KQED has learned that the Santa Clara County Sheriff's Department knew this illegal activity was occurring -- but failed to stop it.",
"title": "Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years | KQED",
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"headline": "Inside Santa Clara Jails, Predatory Bail Schemes Flourished for Years",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On June 20, 2014, a bail bond agent named Dino Garcia received a phone call from an inmate in the \u003ca href=\"https://www.sccgov.org/sites/sheriff/pages/mainjail-visiting.aspx\" target=\"_blank\">Santa Clara County Main Jail\u003c/a>. The inmate, known as Riley in \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\">court documents\u003c/a>, wasn’t calling to bail himself out.\u003c/p>\n\u003cp>He was calling about bail for another inmate who had just arrived at the jail. Riley told Garcia the new inmate was trustworthy and willing to use his homes or vehicles as collateral.\u003c/p>\n\u003cp>Garcia spoke to the man and then got back on the line with Riley, urging him to find more clients.\u003c/p>\n\u003cp>“Get me some good ones, dude, some Asians, some fucking Hindus, some good domestic violence ones,” said Garcia, according to a \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p12\" target=\"_blank\">transcript\u003c/a> of the call.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch3>Listen to KQED's Bail Investigation Series\u003c/h3>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/aside>\n\u003cp>Garcia wasn’t alone. For years, bail bond agents had been compensating inmates to drum up business in the county’s jails, according to an investigation by the Santa Clara County District Attorney’s Office.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors say the illegal activity, known as “bail capping,” gave agents an unfair competitive advantage.\u003c/p>\n\u003cp>It also put inmates and the public at risk.\u003c/p>\n\u003cp>KQED has learned that the \u003ca href=\"https://www.sccgov.org/sites/sheriff/Pages/overview.aspx\">Santa Clara County Sheriff's Department \u003c/a>knew that bail capping was occurring in its jails, but failed to stop it.\u003c/p>\n\u003cp>Through interviews and court records, KQED has found that at least 30 inmates in Santa Clara County jails were involved in bail-capping schemes. Those recruiters controlled access to the phones, threatened other inmates or promised cheap bail to pressure inmates to sign contracts with certain bail agents.\u003c/p>\n\u003cp>The sheriff’s department’s lack of oversight -- and lax policies -- made it easier for agents and inmates to continue working together, in violation of the law.\u003c/p>\n\u003cp>\u003cstrong>'Gatekeepers of bail'\u003c/strong>\u003c/p>\n\u003cp>Longtime inmates in the Santa Clara County Main Jail acted as the “gatekeepers of bail,” according to Alison Filo, the deputy district attorney tasked with prosecuting dozens of bail agents for illegal business practices.\u003c/p>\n\u003cp>Scott Culp told KQED he started working for agents from inside the main jail about three months after he was arrested for armed robbery in 2013. He said he worked as a recruiter until he was transferred to \u003ca href=\"http://www.cdcr.ca.gov/Facilities_Locator/PVSP.html\" target=\"_blank\">Pleasant Valley State Prison\u003c/a> in 2016.\u003c/p>\n\u003cp>Culp said new inmates had “no choice” but to use the bail bond agents he called.\u003c/p>\n\u003cp>In order to make a phone call, inmates needed a special code. Culp said in the unit where he was serving time, new inmates weren’t given instructions on how to use the phone codes. He would “help” them.\u003c/p>\n\u003cfigure id=\"attachment_11395507\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395507\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/Culp-800x1000.jpg\" alt=\"Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-800x1000.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1020x1276.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-1180x1476.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-960x1201.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp-520x650.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/Culp.jpg 1313w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Scott Culp says he worked as a recruiter for bail agents for three years while in Santa Clara County Main Jail on armed robbery charges. \u003ccite>(From Scott Culp's case file)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I take their code,” explained Culp. “I use their code, so they’re not able to call their family to have their family bail them out. They have to go through me and through these bail agencies.”\u003c/p>\n\u003cp>Under state law, only defendants, their family members or their attorneys can contact a bail agent to arrange bail.\u003c/p>\n\u003cp>Prosecutors say that bail capping creates a predatory environment in the jail. First-time inmates are especially vulnerable, because often they’re afraid and have little information. They don’t know, for example, that they may be \u003ca href=\"https://www.sccgov.org/sites/pretrial/Pages/Office-of-Pretrial-Services.aspx\" target=\"_blank\">eligible to get out of jail\u003c/a> without paying bail or to have their bail reduced.\u003c/p>\n\u003cp>“Their instant reaction is what they see on television or what they read in the newspapers,” Filo said, “Which is, ‘I've got to get bail,’ and that sort of desperation is preyed upon by the inmates who are in custody seeking to get some benefit for themselves.”\u003c/p>\n\u003cp>Inmate-recruiters also angled to maintain that benefit by limiting their competition.\u003c/p>\n\u003cp>When Garcia complained to an inmate named Alberto Solorio about another inmate who was “pushing people to Luna,” a rival bail agency, Solorio assured him that he would take care of the problem, according to an\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html\" target=\"_blank\"> investigator’s summary\u003c/a> of a phone call between the two men.\u003c/p>\n\u003cp>Garcia told Solorio to get the other inmate “rolled out (kicked out of the dorm).” Solorio responded: “That’s not even a problem.”\u003c/p>\n\u003cp>\u003cstrong>Visitation irregularities\u003c/strong>\u003c/p>\n\u003cp>Culp told KQED that guards were also involved in the illegal activity.\u003c/p>\n\u003cp>He said guards allowed some bail agents to visit him multiple times a week, even though he was not eligible for bail. During those visits, Culp said, agents would train him to recruit new clients, explaining what kinds of questions to ask inmates to find out their suitability for bail.\u003c/p>\n\u003cp>KQED submitted a public records request for the log of Culp’s visitors. In its response, the sheriff’s department said Culp had no visitors.\u003c/p>\n\u003cp>Garcia, now a former bail agent, told KQED that he saw correctional officers giving other agents special treatment, allowing them access to the jail outside of visiting hours.\u003c/p>\n\u003cp>Bail agents are supposed to follow the same rules as other jail visitors, according to the sheriff's department, including writing down the names of the inmates they are visiting in a log book.\u003c/p>\n\u003cp>But at least one bail agent, Fernando Casillas of Aladdin Bail Bonds, was permitted to bypass visiting procedures. According to the \u003ca href=\"https://www.documentcloud.org/documents/3533677-Casillas1.html\" target=\"_blank\">district attorney’s investigation\u003c/a>, when Casillas came into the jail to interview an inmate, he wrote “inmate” on the log book.\u003c/p>\n\u003cdiv class=\"mceTemp\">\u003c/div>\n\u003cfigure id=\"attachment_11395508\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395508\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-800x1000.jpg\" alt=\"Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices.\" width=\"800\" height=\"1000\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-160x200.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-240x300.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-375x469.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/20958950626_74ce1cbd1f_o-520x650.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fernando Casillas was one of 31 bail agents arrested by law enforcement on charges of illegal business practices. \u003ccite>(\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958950626/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The inmate who Casillas interviewed was named Lakhbir Singh. Singh told investigators that a jail staff member referred him to Casillas.\u003c/p>\n\u003cp>“Singh said he was then interviewed by someone inside the jail from Aladdin Bail Bonds soon after speaking with this person working at the jail,” the investigator's report said.\u003c/p>\n\u003cp>Singh said that neither he nor his wife called Casillas or \u003ca href=\"https://www.aladdinbailbonds.com/\" target=\"_blank\">Aladdin Bail Bonds\u003c/a>.\u003c/p>\n\u003cp>Investigators were unable to identify the jail staff member.\u003c/p>\n\u003cp>The sheriff’s department did not respond to questions about its visitation procedures or whether it had investigated jail staff in connection with bail capping.\u003c/p>\n\u003cp>The district attorney’s office said it did not have evidence to file charges against any guards or jail administrators.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Amy Le, president of the \u003c/span>\u003cspan style=\"font-weight: 400\">Santa Clara County Correctional Peace Officers Association, said she is not aware of any officer involvement in bail capping schemes.\u003c/span>\u003c/p>\n\u003cp>“We have over 750 employees here,” she said. “We are all professional people. We do what is right even when no one is watching.”\u003c/p>\n\u003cp>Le said to her knowledge none of the employees she represents have been investigated or disciplined for bail-related misconduct.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">If officers are involved in such misconduct, Le said, “They [the officers] don’t need to wear a uniform. They don’t need to work here.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11395513\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11395513 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg\" alt='Aladdin Bail Bonds was one of seven companies whose agents were arrested for illegal business practices including \"bail capping.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS24880_20798065700_f74eefc32b_o-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Aladdin Bail Bonds was one of seven companies whose agents were arrested for alleged illegal business practices, including bail capping. \u003ccite>(Jayne Lucas/\u003ca href=\"%E2%80%9Chhttps://www.flickr.com/photos/ca_dept_insurance/20798065700/in/album-72157657509991139/%22\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp> \u003c/p>\n\u003cp>The sheriff’s department has been under \u003ca href=\"https://ww2.kqed.org/news/2017/01/25/inmates-brutal-beating-death-spurs-scrutiny-and-reform-in-santa-clara-county-jails/\" target=\"_blank\">scrutiny\u003c/a> since the in-custody death of Michael Tyree on Aug. 26, 2015. Three guards are on \u003ca href=\"http://www.mercurynews.com/2017/04/04/michael-tyree/\" target=\"_blank\">trial\u003c/a> for allegedly beating the mentally ill inmate to death. The guards -- Matthew Farris, Rafael Rodriguez and Jereh Lubrin -- have pleaded not guilty to second-degree murder.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.sccgov.org/sites/scc/pages/brc.aspx\" target=\"_blank\">commission\u003c/a> formed to assess operations in Santa Clara County’s jails in the wake of Tyree’s death did not address illegal activity between bail agents and inmates.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.fbi.gov/contact-us/field-offices/sanfrancisco\" target=\"_blank\">Federal Bureau of Investigation\u003c/a> would not comment on whether it is investigating the sheriff’s department.\u003c/p>\n\u003cp>\u003cstrong>$100 deposits\u003c/strong>\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p16\" target=\"_blank\">Court records\u003c/a> show that jail administrators knew since at least 2012 that illegal bail activity was going on in the jails.\u003c/p>\n\u003cp>On July 6, 2012, Kevin Heilman, who was then the captain of the main jail, received an email from Sgt. Eric Liddle. A bail agent had complained to Liddle that inmates in the Main Jail were working as paid recruiters for another bail firm. Liddle recommended an investigation.\u003c/p>\n\u003cp>Another jail sergeant wrote to Heilman in a follow-up report dated July 31, 2012, that guards had searched the cell of two inmates suspected of being involved in the scheme. They found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account. The two inmates were moved to other areas of the jail.\u003c/p>\n\u003cp>Court documents do not indicate whether the sheriff’s department took any action against bail agents, including restricting their access to inmates.\u003c/p>\n\u003cp>A year later, Lt. April McHugh at the Main Jail \u003ca href=\"https://www.documentcloud.org/documents/3533679-Garcia1.html#document/p34\" target=\"_blank\">emailed \u003c/a>sheriff’s department administrators about a call she received from a bail agent named Robert Silva of Amigo Bail Bonds, alleging that bail agents and inmates were still working together.\u003c/p>\n\u003cfigure id=\"attachment_11395493\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395493\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/File_008-800x600.jpeg\" alt=\"When guards searched the cell of two inmate suspected of involvement in bail capping they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-800x600.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-160x120.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1020x765.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1920x1440.jpeg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-1180x885.jpeg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-960x720.jpeg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-240x180.jpeg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-375x281.jpeg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/File_008-520x390.jpeg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">When guards searched the cell of two inmate suspected of involvement in bail capping, they found a list of inmate ID numbers, bail bond agent phone numbers and a pay/owe sheet that showed a series of $100 deposits into an account.\u003c/figcaption>\u003c/figure>\n\u003cp>“The inmates allegedly question the new inmates as to whether they have bail and when they say they do they intimidate them to go to the other company,” McHugh wrote. “The other company sends commissary packages online anonymously to the inmate who refers the new inmate to them.\u003c/p>\n\u003cp>“It sounds like this inquiry has gone nowhere, but Mr. Silva says he has one or two ‘victims’ who are very afraid to talk, because the bail company has all of their information. I am not sure what he hopes to gain by contacting Main Jail.”\u003c/p>\n\u003cp>The department declined to answer questions about whether it investigated Silva’s complaint.\u003c/p>\n\u003cp>In 2014, the district attorney’s office launched its own bail-capping investigation and found widespread illegal activity between bail agents and jail inmates.\u003c/p>\n\u003cp>\u003cstrong>Jail accounting\u003c/strong>\u003c/p>\n\u003cp>Jail practices made it easy for bail agents to pay recruiters with deposits into their inmate commissary accounts.\u003c/p>\n\u003cp>Culp, the former Santa Clara County inmate, claims agents paid him $15,000 in one year.\u003c/p>\n\u003cp>KQED couldn’t confirm the payments to Culp. Prosecutors couldn’t either. The jail did not track deposits to commissary accounts, allowing agents to give inmates money without the jail having any record of the source of those funds.\u003c/p>\n\u003cp>“You would think that you would have to show some identification or something in order to provide an inmate with commissary credit or phone credit or actual cash,” Filo said. “And you don't. So they were able to freely give those sorts of benefits with no accountability or no paper trail.”\u003c/p>\n\u003cp>Inmates leaving the Main Jail would often pass the “business” on to others.\u003c/p>\n\u003cp>The sheriff's department did not answer questions about whether it has taken measures to track commissary account deposits.\u003c/p>\n\u003cp>\u003cstrong>Three-way calling\u003c/strong>\u003c/p>\n\u003cp>Bail agents also compensated inmates with free phone calls. Such calls can cost \u003ca href=\"http://www.eastbayexpress.com/oakland/exploiting-inmates/Content?oid=4185319\" target=\"_blank\">$3 just to establish a connection\u003c/a>.\u003c/p>\n\u003cp>The Santa Clara County Main Jail records inmates’ phone calls, and jail staff are supposed to monitor them.\u003c/p>\n\u003cp>“They do random monitoring,” said Le, the correctional officers’ association president.\u003c/p>\n\u003cp>But court records show bail agents regularly used three-way calling to allow their inmate-recruiters to contact friends and family. An inmate would call an agent, who would then forward the call to a phone number that inmate provided. Jail phone records would show only that the inmate called the agent.\u003c/p>\n\u003cp>By hiding the ultimate targets of their calls, inmates could use the free calls to intimidate witnesses or run other criminal activities from behind bars, putting the public at risk.\u003c/p>\n\u003cfigure id=\"attachment_11395222\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg\" alt=\"For years bail bonds agents used inmates inside Santa Clara County Main Jail to drum up new business.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-1180x787.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/RS18881_main-jail-sc-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For years bail bonds agents used inmates inside the Santa Clara County Main Jail to drum up new business. \u003ccite>(Lisa Pickoff White/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“If the bail agent then uses his or her cellphone or office phone and makes a three-way call to, for instance, that inmate’s domestic violence victim, who is protected by a restraining order, we would have no way to prove that phone call was made,” prosecutor Filo said.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Le said if inmates are caught making three-way calls, they can have their calling privileges suspended. But, she added, the volume of jailhouse calls makes monitoring them difficult. \u003c/span>\u003c/p>\n\u003cp>The sheriff’s department declined to answer questions about whether jail staff monitored those calls or whether it has taken steps to block three-way calling.\u003c/p>\n\u003cp>Garcia said he never paid inmates with cash. But he acknowledged giving them free phone calls.\u003c/p>\n\u003cp>Court records show that during a five-month period in 2014, Garcia received 934 calls from the jail to his personal cellphone.\u003c/p>\n\u003cp>\u003cstrong>The bust\u003c/strong>\u003c/p>\n\u003cp>Investigators in the district attorney’s office started combing through thousands of recorded phone calls between bail agents and inmates in September 2014.\u003c/p>\n\u003cp>In late August 2015, Garcia peered through the blinds in his living room. He found his house surrounded by law enforcement officers with their guns drawn. They were pointing at him.\u003c/p>\n\u003cp>“I said, ‘Holy smokes!’ ” Garcia said. “I thought I was dreaming.”\u003c/p>\n\u003cp>Police arrested Garcia and booked him into the Santa Clara County Main Jail.\u003c/p>\n\u003cp>“It's funny, because I couldn't get through to anyone,” he said. “Everybody was in jail.”\u003c/p>\n\u003cp>Along with Garcia, law enforcement officers arrested 30 other bail bond agents. It was the \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2015/release083-15.cfm\" target=\"_blank\">largest bust\u003c/a> of its kind in state history.\u003c/p>\n\u003cp>Prosecutor Filo said when the district attorney’s office first began looking into bail-capping allegations, it didn’t expect to uncover evidence against so many bail agents. She said at some point investigators had to limit the scope of their work to get through the evidence they already had.\u003c/p>\n\u003cp>Garcia worked for a small firm, but many of those agents were employed by some of the nation’s biggest bail providers, including Aladdin, All-Pro Bail Bonds and Bail Hotline.\u003c/p>\n\u003cp>Garcia will serve three months in jail for his involvement in bail capping.\u003c/p>\n\u003cfigure id=\"attachment_11395509\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11395509\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/04/24881_transform-800x1200.jpg\" alt=\"The Santa Clara County District Attorney's office busted 31 bail bond agents in 2015 for illegal business practices.\" width=\"800\" height=\"1200\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-800x1200.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-160x240.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1020x1530.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-1180x1770.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-960x1440.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-240x360.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-375x563.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/04/24881_transform-520x780.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Santa Clara County District Attorney's Office busted 31 bail bond agents in 2015 for illegal business practices. \u003ccite>(Jayne Lucas/\u003ca href=\"https://www.flickr.com/photos/ca_dept_insurance/20958801736/in/album-72157657509991139/\">California Department of Insurance\u003c/a>)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Most of the agents who were arrested have accepted plea deals, with sentences ranging from community service to four months in jail. Seven of the cases have yet to be adjudicated. One agent, Garcia’s boss, went to trial and was found not guilty.\u003c/p>\n\u003cp>No charges were filed against any bail firms or inmates.\u003c/p>\n\u003cp>Jeff Clayton, director of the\u003ca href=\"http://www.americanbailcoalition.org/\" target=\"_blank\"> American Bail Coalition\u003c/a>, insisted the agents who were arrested do not represent the industry.\u003c/p>\n\u003cp>“We don’t agree with people doing the alleged conduct, and if it is happening it does need to be stopped,” he said.\u003c/p>\n\u003cp>Clayton said bail agents who don’t follow the rules should have their licenses revoked, but doesn’t think they should face felony charges.\u003c/p>\n\u003cp>\u003cstrong>'Charity bonds'\u003c/strong>\u003c/p>\n\u003cp>Unlawful bail practices aren’t unique to Santa Clara County. In the past few years, \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-former-lapd-jailer-accused-taking-bribes-20160506-story.html\" target=\"_blank\">Los Angeles\u003c/a>, \u003ca href=\"http://www.sanbag.ca.gov/news/publications/2012-13GrandJuryFinalReportonlineposting.pdf\" target=\"_blank\">San Bernardino\u003c/a> and \u003ca href=\"http://www.orangecounty-bailbonds.com/dui-blog/394-inmate-capping-the-dirty-little-secret-inside-our-jails\" target=\"_blank\">Orange\u003c/a> counties have reported bail-capping cases. The\u003ca href=\"http://www.insurance.ca.gov/0400-news/multimedia/0030VideoHearings/bailhearingvideo.cfm\" target=\"_blank\"> California Department of Insurance\u003c/a>, which regulates the bail industry, estimated that since 2012, complaints about illegal activity by bail agents have tripled.\u003c/p>\n\u003cp>Many of these have come from other bail agents. The \u003ca href=\"https://www.sccgov.org/sites/da/Pages/DA-office-site-home-page.aspx\">Santa Clara County District Attorney's Office\u003c/a> launched its 2014 investigation after receiving complaints from agents.\u003c/p>\n\u003cp>The surge in complaints may be a result of increased competition within the industry, which generates $2 billion in revenue nationwide.\u003c/p>\n\u003cp>According to testimony from Sylvia Herrera, a former Aladdin employee and a witness in the bail-capping cases, agents had to bring in $50,000 and write 20-30 bonds a month. Herrera said the quota was nearly impossible to meet without bending the rules.\u003c/p>\n\u003cp>She described several occasions when she posted bonds for defendants for as little as $10 down. She said she would set up a payment plan for a defendant, knowing the person would probably never pay it.\u003c/p>\n\u003cp>Herrera said agents don’t make a commission on these “charity bonds,” but the deals boost their monthly numbers, and the bail agency is satisfied because the competition for those bonds is eliminated.\u003c/p>\n\u003cp>Aladdin didn’t respond to requests for comment.\u003c/p>\n\u003cp>Payment plans are common in the \u003ca href=\"https://ww2.kqed.org/lowdown/2016/05/03/how-bail-works/\" target=\"_blank\">bail industry\u003c/a>. But they can put the public at risk. A defendant facing felony charges for a violent crime can get out of jail while paying a fraction of the standard bail amount.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/3533676-Alvarez.html#document/p7\" target=\"_blank\">Court records\u003c/a> show that a Santa Clara County defendant charged with a felony -- battery with serious bodily injury -- bargained with a bail agent to get out of jail for a $150 down payment. A judge had set his bail at $25,000.\u003c/p>\n\u003cp>The final terms of this deal, like all bail bond deals, aren’t known to the public, the courts or regulators.\u003c/p>\n\u003cp>Clayton, the bail industry spokesman, acknowledged that payment plans are a problem. Other states have a set “floor” on how much money a defendant has to put up, but California does not. He said in an effort to get business, bail agents here offer defendants smaller and smaller down payments as part of a “race to the bottom.”\u003c/p>\n\u003cp>\u003cstrong>Balloon payments\u003c/strong>\u003c/p>\n\u003cp>The terms of these payment plans can also hurt defendants.\u003c/p>\n\u003cp>Some payment plans are structured like payday loans, with debt payments ballooning over time, according to Cherise Burdeen of the \u003ca href=\"http://www.pretrial.org/\" target=\"_blank\">Pretrial Justice Institute\u003c/a>, an organization working to end for-profit bail.\u003c/p>\n\u003cp>“People will be paying long after they've satisfied whatever conditions they agreed to for the court,” Burdeen said.\u003c/p>\n\u003cp>Those who sign bail contracts with payment plans can lose their cars or even their homes. Often it’s not the defendant who pays, but a family member.\u003c/p>\n\u003cp>The \u003ca href=\"http://www.insurance.ca.gov/\" target=\"_blank\">California Department of Insurance\u003c/a> said it does not regulate contracts between agents and individuals. Teresa Campbell, assistant chief counsel for the department, said it often receives calls from people who say that a bail agent has taken possession of a car used for collateral, even though the defendant has not missed a court date. Campbell said the department can’t make the agent return the car, but it can apply pressure.\u003c/p>\n\u003cp>“In those situations, we will try and resolve it by getting that consumer, making that consumer whole,” she said. “They just want that car back, so we can work something out where they pay a fine or they have a restriction, and then they give the car back.”\u003c/p>\n\u003cp>Campbell said the department doesn’t have the resources or the authority to adequately police bail agents. But she said that many bail agents are trying to keep their industry clean.\u003c/p>\n\u003cp>“Bail agents will often make complaints about other bail agents, if they know that they're going into jails or things like that,” she said.\u003c/p>\n\u003cp>\u003cstrong>An Alternative to Bail\u003c/strong>\u003c/p>\n\u003cp>California state lawmakers are considering moving the state away from a money-based bail system to what is called \u003ca href=\"https://ww2.kqed.org/news/2016/05/12/contra-costa-pretrial-program-offers-relief-for-those-who-cant-afford-bail/\" target=\"_blank\">“risk-based” pretrial release\u003c/a>.\u003c/p>\n\u003cp>Under \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB42\" target=\"_blank\">legislation\u003c/a> sponsored by \u003ca href=\"http://www.robbonta.com/\" target=\"_blank\">Assemblyman Rob Bonta\u003c/a> (D-Alameda) and \u003ca href=\"http://sd18.senate.ca.gov/\" target=\"_blank\">Sen. Robert Hertzberg\u003c/a> (D-Van Nuys), defendants would be assessed for release based on a range of risk factors, including employment, criminal history and community ties.\u003c/p>\n\u003cp>Individuals who are considered lower risk will be released on their own recognizance, without having to pay bail. Higher-risk defendants could be released if they comply with certain conditions, such as ankle monitoring or check-ins with a pretrial services officer.\u003c/p>\n\u003cp>Defendants charged with violent crimes such as murder would not qualify for the pretrial release program. Judges would retain their authority to set bail in cases they deem appropriate.\u003c/p>\n\u003cp>The bill’s proponents say that it would reduce the number of people in jail awaiting trial and create a more equitable system. But bail agents say the legislation threatens public safety and undermines defendants’ civil liberties.\u003c/p>\n\u003cp>“It’s basically putting people on parole before they’ve been accused of a crime,” said Corrin Rankin of the \u003ca href=\"https://www.cbaa.com/\" target=\"_blank\">California Bail Agents Association\u003c/a>.\u003c/p>\n\u003cp>Rankin said money bail works because bail agents are neutral third parties. They don’t have any stake in what the defendant did or didn’t do.\u003c/p>\n\u003cp>“It’s beside the point,\" Rankin said. \"Our job is to make sure people go to court and we do it well.”\u003c/p>\n\u003cp>Santa Clara County is also considering moving away from money bail. It’s studying the feasibility of a nonprofit alternative to commercial bail bonds and looking at expanding pretrial supervision.\u003c/p>\n\u003cp>“Our objective is making Santa Clara County safe and making sure that our justice system is truly just,” \u003ca href=\"https://www.sccgov.org/sites/d2/Pages/d2-supervisor-cindy-chavez.aspx\" target=\"_blank\">county Supervisor Cindy Chavez\u003c/a> said.\u003c/p>\n\u003cp>\u003cem>This piece was updated to include comments from Amy Le, president of the Santa Clara County Correctional Peace Officers Association. An earlier version of this post included comments from correctional officer Sean Allen.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Ex-L.A. County Sheriff Lee Baca Found Guilty in Federal Corruption Scheme",
"title": "Ex-L.A. County Sheriff Lee Baca Found Guilty in Federal Corruption Scheme",
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"content": "\u003cp>A jury convicted former Los Angeles County Sheriff Lee Baca Wednesday of obstruction of justice, conspiracy and lying, bringing an end to a years-long corruption scandal that stained the reputation of the nation's largest sheriff's department.\u003c/p>\n\u003cp>Decades after he first put on a sheriff's deputy star, Baca, 74, now faces up to 20 years in prison for directing deputies in 2011 to hide an informant from FBI agents who were investigating the abuse of inmates in the county jails.\u003c/p>\n\u003cp>\"As the former leader of one of the largest municipal law enforcement agencies in this nation, Lee Baca knew what was right and what was wrong,\" Acting U.S. Attorney Sandra Brown said at a late afternoon press conference. \"And he made a decision. That decision was to commit a crime.\"\u003c/p>\n\u003cp>Brown said the investigation ultimately changed the department, leading to a monitor for the jails and a fundamental change in the culture.\u003c/p>\n\u003cp>A popular and progressive lawman, Baca had been elected as sheriff four times and served in the department for nearly 50 years before stepping down in 2014 as prosecutions against his deputies mounted.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"I appreciate the jury system, however I disagree with this particular verdict,\" Baca said in a short statement to reporters Wednesday afternoon in which he thanked his wife and friends for supporting him through the case.\u003c/p>\n\u003cp>\"You’ve known me for a long time,\" he added wistfully. \"I am a faith-based person. My mentality is always optimistic and I look forward to winning on appeal.\"\u003c/p>\n\u003cp>Baca's defense attorneys argued that subordinates kept the sheriff out of the loop and that any action he took was intended to safeguard his jails from a shoddy FBI probe. They were not allowed to bring up a defense they had sought: that Baca is suffering from early Alzheimer's and that rather than lying to investigators, he simply didn't remember.\u003c/p>\n\u003cp>\"The jury is only as good as the evidence it gets to consider,\" said Baca defense attorney Nathan Hochman. \"Here, the jury did not get to consider all the evidence, but the appellate court will.\"\u003c/p>\n\u003cp>[audio src=\"http://www.kqed.org/.stream/anon/radio/tcr/2017/03/2017-03-16c-tcr.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/03/LeeBaca-800x551.jpg\" Title=\"Ex-L.A. County Sheriff Lee Baca Found Guilty in Federal Corruption Scheme\" program=\"The California Report\"]\u003c/p>\n\u003cp>Baca had agreed to a plea deal with prosecutors last year where he would admit to lying to federal investigators in exchange for a maximum of six months of incarceration, but U.S. District Court Judge Percy Anderson refused to go along with the deal, which he said trivialized the former sheriff's actions.\u003c/p>\n\u003cp>The failed agreement came after nine other sheriff's officials had been convicted in connection with the scandal.\u003c/p>\n\u003cp>In December, a different jury deadlocked 11-1 in favor of Baca's acquittal. Federal prosecutors decided to pursue another trial, hoping a second shot would bring a conviction.\u003c/p>\n\u003cp>This time, jurors heard testimony over the course of nine days in a downtown federal courtroom with Baca appearing in court each day, but not taking the stand in his own defense. Baca's former assistant sheriff, Cecil Rhambo, testified he warned Baca not to mess with the FBI's investigation.\u003c/p>\n\u003cp>\"I thought it was getting a little bit outrageous, quite frankly,\" Rhambo said. \"I couldn't physically grab him by his jacket\" to shake sense into him, he told the jury.\u003c/p>\n\u003cp>After the trial Wednesday, the jury foreman spoke to reporters but would not give his name. He said he found Rhambo's testimony particularly important. The foreman said he voted for Baca when he ran for sheriff, but was convinced Baca committed a crime to “protect his empire.”\u003c/p>\n\u003caside class=\"pullquote alignright\">'We were following the directions of the sheriff. He was the engine of the train... It's like he cut us loose.'\u003ccite>Tom Carey, former sheriff's captain\u003c/cite>\u003c/aside>\n\u003cp>Baca's charges stem from a corruption scandal that emerged as the FBI was quietly investigating deputy brutality against inmates at Men’s Central Jail.\u003c/p>\n\u003cp>Deputies in the jail discovered the federal investigation in the summer of 2011 when they found an inmate's cellphone and learned he was working as an FBI informant.\u003c/p>\n\u003cp>Department employees then hid the informant from federal investigators and failed to deliver him to a grand jury investigating claims of brutality. Two sheriff’s sergeants later approached an FBI agent at her house and threatened to arrest her.\u003c/p>\n\u003cp>Since then, federal prosecutors have filed a slew of indictments, working their way up to the top of the department. Among those convicted is Baca’s former number two, Undersheriff Paul Tanaka.\u003c/p>\n\u003cp>It’s undisputed that Baca had contact with people involved in the scheme at various points.\u003c/p>\n\u003cp>But the central questions throughout his trials were how much Baca knew of plans to keep the informant from the FBI and to threaten the FBI agent, whether those acts impeded the grand jury investigation, and whether Baca intended them as such.\u003c/p>\n\u003cp>Prosecutors called several of Baca’s former employees, including those who have already been implicated in the scheme.\u003c/p>\n\u003cp>“We were following the directions of the sheriff,” former sheriff’s captain Tom Carey said during sworn testimony. “He was the engine of the train … it’s like he cut us loose.”\u003c/p>\n\u003cp>In retrospect, Carey told the jury “our moves, our tactics” were “obstruction.”\u003c/p>\n\u003cp>During closing arguments, defense attorney Hochman said Carey, who’d already pleaded guilty to perjury, had a “believability problem.\"\u003c/p>\n\u003cp>The government has a “basket of goodies” to offer witnesses such as Carey, Hochman said, including reduced charges, lowered fines and lighter sentences.\u003c/p>\n\u003cp>Hochman said, from Baca’s eyes, obstruction “was not one of the goals.”\u003c/p>\n\u003cp>The inmate’s cellphone, Hochman said, raised safety issues in the jail to which Baca “had to act immediately.” Hochman said Baca’s goal was to “get to the bottom of the investigation” and keep the inmate safe from possible retaliation from others for being a \"snitch\".\u003c/p>\n\u003cp>Prosecutors said Baca’s investigation into the cellphone was a “sham” used to cloak the conspirators’ goal of obstruction.\u003c/p>\n\u003cp>When the FBI's investigation turned to Baca himself, federal prosecutor Elizabeth Rhodes said the former sheriff lied during a 2013 interview with federal investigators.\u003c/p>\n\u003cp>Baca told them he had \"no clue this was a civil rights investigation\".\u003c/p>\n\u003cp>Prosecutors said Baca knowingly made false statements \"to divert the government's attention.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Baca was 71 years old at the time, Hochman said, and asked jurors how they would do if asked to review a conversation, a week ago, a month ago or a year ago.\u003c/p>\n\n",
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"nprByline": "\u003cstrong>\u003ca href=\"http://www.scpr.org/about/people/staff/annie-gilbertson\">Annie Gilbertson\u003c/a>\u003c/strong> and \u003cstrong>\u003ca href=\"http://www.scpr.org/about/people/staff/frank-stoltze\">Frank Stoltze\u003c/a>\u003c/strong>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A jury convicted former Los Angeles County Sheriff Lee Baca Wednesday of obstruction of justice, conspiracy and lying, bringing an end to a years-long corruption scandal that stained the reputation of the nation's largest sheriff's department.\u003c/p>\n\u003cp>Decades after he first put on a sheriff's deputy star, Baca, 74, now faces up to 20 years in prison for directing deputies in 2011 to hide an informant from FBI agents who were investigating the abuse of inmates in the county jails.\u003c/p>\n\u003cp>\"As the former leader of one of the largest municipal law enforcement agencies in this nation, Lee Baca knew what was right and what was wrong,\" Acting U.S. Attorney Sandra Brown said at a late afternoon press conference. \"And he made a decision. That decision was to commit a crime.\"\u003c/p>\n\u003cp>Brown said the investigation ultimately changed the department, leading to a monitor for the jails and a fundamental change in the culture.\u003c/p>\n\u003cp>A popular and progressive lawman, Baca had been elected as sheriff four times and served in the department for nearly 50 years before stepping down in 2014 as prosecutions against his deputies mounted.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I appreciate the jury system, however I disagree with this particular verdict,\" Baca said in a short statement to reporters Wednesday afternoon in which he thanked his wife and friends for supporting him through the case.\u003c/p>\n\u003cp>\"You’ve known me for a long time,\" he added wistfully. \"I am a faith-based person. My mentality is always optimistic and I look forward to winning on appeal.\"\u003c/p>\n\u003cp>Baca's defense attorneys argued that subordinates kept the sheriff out of the loop and that any action he took was intended to safeguard his jails from a shoddy FBI probe. They were not allowed to bring up a defense they had sought: that Baca is suffering from early Alzheimer's and that rather than lying to investigators, he simply didn't remember.\u003c/p>\n\u003cp>\"The jury is only as good as the evidence it gets to consider,\" said Baca defense attorney Nathan Hochman. \"Here, the jury did not get to consider all the evidence, but the appellate court will.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Ex-L.A. County Sheriff Lee Baca Found Guilty in Federal Corruption Scheme",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Baca had agreed to a plea deal with prosecutors last year where he would admit to lying to federal investigators in exchange for a maximum of six months of incarceration, but U.S. District Court Judge Percy Anderson refused to go along with the deal, which he said trivialized the former sheriff's actions.\u003c/p>\n\u003cp>The failed agreement came after nine other sheriff's officials had been convicted in connection with the scandal.\u003c/p>\n\u003cp>In December, a different jury deadlocked 11-1 in favor of Baca's acquittal. Federal prosecutors decided to pursue another trial, hoping a second shot would bring a conviction.\u003c/p>\n\u003cp>This time, jurors heard testimony over the course of nine days in a downtown federal courtroom with Baca appearing in court each day, but not taking the stand in his own defense. Baca's former assistant sheriff, Cecil Rhambo, testified he warned Baca not to mess with the FBI's investigation.\u003c/p>\n\u003cp>\"I thought it was getting a little bit outrageous, quite frankly,\" Rhambo said. \"I couldn't physically grab him by his jacket\" to shake sense into him, he told the jury.\u003c/p>\n\u003cp>After the trial Wednesday, the jury foreman spoke to reporters but would not give his name. He said he found Rhambo's testimony particularly important. The foreman said he voted for Baca when he ran for sheriff, but was convinced Baca committed a crime to “protect his empire.”\u003c/p>\n\u003caside class=\"pullquote alignright\">'We were following the directions of the sheriff. He was the engine of the train... It's like he cut us loose.'\u003ccite>Tom Carey, former sheriff's captain\u003c/cite>\u003c/aside>\n\u003cp>Baca's charges stem from a corruption scandal that emerged as the FBI was quietly investigating deputy brutality against inmates at Men’s Central Jail.\u003c/p>\n\u003cp>Deputies in the jail discovered the federal investigation in the summer of 2011 when they found an inmate's cellphone and learned he was working as an FBI informant.\u003c/p>\n\u003cp>Department employees then hid the informant from federal investigators and failed to deliver him to a grand jury investigating claims of brutality. Two sheriff’s sergeants later approached an FBI agent at her house and threatened to arrest her.\u003c/p>\n\u003cp>Since then, federal prosecutors have filed a slew of indictments, working their way up to the top of the department. Among those convicted is Baca’s former number two, Undersheriff Paul Tanaka.\u003c/p>\n\u003cp>It’s undisputed that Baca had contact with people involved in the scheme at various points.\u003c/p>\n\u003cp>But the central questions throughout his trials were how much Baca knew of plans to keep the informant from the FBI and to threaten the FBI agent, whether those acts impeded the grand jury investigation, and whether Baca intended them as such.\u003c/p>\n\u003cp>Prosecutors called several of Baca’s former employees, including those who have already been implicated in the scheme.\u003c/p>\n\u003cp>“We were following the directions of the sheriff,” former sheriff’s captain Tom Carey said during sworn testimony. “He was the engine of the train … it’s like he cut us loose.”\u003c/p>\n\u003cp>In retrospect, Carey told the jury “our moves, our tactics” were “obstruction.”\u003c/p>\n\u003cp>During closing arguments, defense attorney Hochman said Carey, who’d already pleaded guilty to perjury, had a “believability problem.\"\u003c/p>\n\u003cp>The government has a “basket of goodies” to offer witnesses such as Carey, Hochman said, including reduced charges, lowered fines and lighter sentences.\u003c/p>\n\u003cp>Hochman said, from Baca’s eyes, obstruction “was not one of the goals.”\u003c/p>\n\u003cp>The inmate’s cellphone, Hochman said, raised safety issues in the jail to which Baca “had to act immediately.” Hochman said Baca’s goal was to “get to the bottom of the investigation” and keep the inmate safe from possible retaliation from others for being a \"snitch\".\u003c/p>\n\u003cp>Prosecutors said Baca’s investigation into the cellphone was a “sham” used to cloak the conspirators’ goal of obstruction.\u003c/p>\n\u003cp>When the FBI's investigation turned to Baca himself, federal prosecutor Elizabeth Rhodes said the former sheriff lied during a 2013 interview with federal investigators.\u003c/p>\n\u003cp>Baca told them he had \"no clue this was a civil rights investigation\".\u003c/p>\n\u003cp>Prosecutors said Baca knowingly made false statements \"to divert the government's attention.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Baca was 71 years old at the time, Hochman said, and asked jurors how they would do if asked to review a conversation, a week ago, a month ago or a year ago.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Santa Clara County Sheriff's Office Says Inmate Hunger Strike is Over",
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"content": "\u003cp>The Santa Clara County Sheriff's Office is \"encouraged\" that an inmate hunger strike, demanding an end to solitary confinement practices, appears to be over, said spokesman Sgt. Rich Glennon.\u003c/p>\n\u003cp>The strike, which put the jails under scrutiny in recent days, came just months after county supervisors unanimously \u003ca href=\"https://ww2.kqed.org/news/2016/04/12/santa-clara-county-supervisors-unanimously-approve-jail-reforms/\">approved recommendations\u003c/a> on how to improve the jails, which included the prospect of appointing an inspector general to provide independent oversight.\u003c/p>\n\u003cp>The Mercury News \u003ca href=\"http://www.mercurynews.com/2016/10/21/internal-affairs-deputy-union-sides-with-inmates-over-jail-hunger-strike/\">reported\u003c/a> on Friday that the strike apparently ended after a meeting between the inmates and jail officials.\u003c/p>\n\u003cp>The paper reports that it is unclear whether any concessions were made between the two parties over the inmates' \u003ca href=\"https://prisonerhungerstrikesolidarity.files.wordpress.com/2016/08/5-demands-santa-clara-county-jails.pdf\">five demands\u003c/a>.\u003c/p>\n\u003cp>Glennon said they look forward to \"maintaining open lines of communication as we move ahead with reforms in the future.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The hunger strike, which reached its fifth day on Friday, was set to last two weeks and was part of a nationwide \u003ca href=\"https://itsgoingdown.org/santa-clara-ca-update-jail-hunger-strike/\">call for sweeping changes\u003c/a> in jail operations and conditions.\u003c/p>\n\u003cp>Roger Winslow, vice president of the\u003ca href=\"http://www.dsascc.org/\"> Deputy Sheriffs' Association of Santa Clara County\u003c/a>, said in a statement on Thursday that the union agreed with inmates on missteps in leadership by Sheriff Laurie Smith. Here's more from Winslow's statement:\u003c/p>\n\u003cblockquote>\u003cp>We are now on day four of the hunger strike by Santa Clara County jail inmates and Sheriff Laurie Smith has yet to take any action to address this protest. The issues raised by these inmates are not new concerns, nor are they concerns unique to the inmates. We find ourselves in agreement with the striking inmates. They point to leadership failures on the part of the sheriff that have also been articulated by the Prison Law Office in Berkeley, the Blue Ribbon Commission, and the National Institute of Corrections. Despite these calls for reform from a range of voices, the sheriff refuses to implement common-sense policies that would help officers better serve and protect our community. Her lackluster response to the serious hunger strike at hand is yet another example of her incompetence.\u003c/p>\u003c/blockquote>\n\u003cp>On Friday the sheriff's office released a statement saying it has implemented reforms \"specifically addressing\" the inmates' concerns, including an increase in out-of-cell time.\u003c/p>\n\u003cp>County supervisors began a review of recommendations for improving the jails after the August 2015\u003ca href=\"http://ww2.kqed.org/news/2014/03/29/two-mentally-ill-inmates-died-one-month-in-santa-clara/\"> beating death of Michael Tyree\u003c/a>, a mentally ill inmate who died while in custody at the Main Jail. Smith was scrutinized for her leadership after three Santa Clara County jail guards were accused of beating Tyree to death.\u003c/p>\n\u003cp>[contextly_sidebar id=\"THQiMike5AC6KKJVs4j4La6sqI9MVLc4\"]\u003c/p>\n\u003cp>Jose Valle, a community organizer for\u003ca href=\"http://www.siliconvalleydebug.org/\"> Silicon Valley De-Bug \u003c/a>and a former county jail inmate who advocates for inmates and their families, says inmates both in and out of solitary confinement were participating in the strike against what he calls \"cruel and unusual punishment.\"\u003c/p>\n\u003cp>On Tuesday, the sheriff's office said it could not discount the fact that the inmates in maximum-security facilities have been accused of \"some of the most violent crimes imaginable,\" though it has medical protocols in place to monitor the inmates' health. They also said in the statement that they would continue to prepare food for the inmates at the Main Jail.\u003c/p>\n\u003cp>The strikers had five demands: an end to \"meaningless classification reviews and biased appeal process,\" solitary confinement, practices of denying clothing to inmates, \"jail profiteering,\" recidivism and \"misappropriation\" of Inmate Welfare Funds.\u003c/p>\n\u003cp>It's unclear exactly how many inmates were participating in the strike.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Beth Willon of KQED contributed to this report. \u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Santa Clara County Sheriff's Office is \"encouraged\" that an inmate hunger strike, demanding an end to solitary confinement practices, appears to be over, said spokesman Sgt. Rich Glennon.\u003c/p>\n\u003cp>The strike, which put the jails under scrutiny in recent days, came just months after county supervisors unanimously \u003ca href=\"https://ww2.kqed.org/news/2016/04/12/santa-clara-county-supervisors-unanimously-approve-jail-reforms/\">approved recommendations\u003c/a> on how to improve the jails, which included the prospect of appointing an inspector general to provide independent oversight.\u003c/p>\n\u003cp>The Mercury News \u003ca href=\"http://www.mercurynews.com/2016/10/21/internal-affairs-deputy-union-sides-with-inmates-over-jail-hunger-strike/\">reported\u003c/a> on Friday that the strike apparently ended after a meeting between the inmates and jail officials.\u003c/p>\n\u003cp>The paper reports that it is unclear whether any concessions were made between the two parties over the inmates' \u003ca href=\"https://prisonerhungerstrikesolidarity.files.wordpress.com/2016/08/5-demands-santa-clara-county-jails.pdf\">five demands\u003c/a>.\u003c/p>\n\u003cp>Glennon said they look forward to \"maintaining open lines of communication as we move ahead with reforms in the future.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The hunger strike, which reached its fifth day on Friday, was set to last two weeks and was part of a nationwide \u003ca href=\"https://itsgoingdown.org/santa-clara-ca-update-jail-hunger-strike/\">call for sweeping changes\u003c/a> in jail operations and conditions.\u003c/p>\n\u003cp>Roger Winslow, vice president of the\u003ca href=\"http://www.dsascc.org/\"> Deputy Sheriffs' Association of Santa Clara County\u003c/a>, said in a statement on Thursday that the union agreed with inmates on missteps in leadership by Sheriff Laurie Smith. Here's more from Winslow's statement:\u003c/p>\n\u003cblockquote>\u003cp>We are now on day four of the hunger strike by Santa Clara County jail inmates and Sheriff Laurie Smith has yet to take any action to address this protest. The issues raised by these inmates are not new concerns, nor are they concerns unique to the inmates. We find ourselves in agreement with the striking inmates. They point to leadership failures on the part of the sheriff that have also been articulated by the Prison Law Office in Berkeley, the Blue Ribbon Commission, and the National Institute of Corrections. Despite these calls for reform from a range of voices, the sheriff refuses to implement common-sense policies that would help officers better serve and protect our community. Her lackluster response to the serious hunger strike at hand is yet another example of her incompetence.\u003c/p>\u003c/blockquote>\n\u003cp>On Friday the sheriff's office released a statement saying it has implemented reforms \"specifically addressing\" the inmates' concerns, including an increase in out-of-cell time.\u003c/p>\n\u003cp>County supervisors began a review of recommendations for improving the jails after the August 2015\u003ca href=\"http://ww2.kqed.org/news/2014/03/29/two-mentally-ill-inmates-died-one-month-in-santa-clara/\"> beating death of Michael Tyree\u003c/a>, a mentally ill inmate who died while in custody at the Main Jail. Smith was scrutinized for her leadership after three Santa Clara County jail guards were accused of beating Tyree to death.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Jose Valle, a community organizer for\u003ca href=\"http://www.siliconvalleydebug.org/\"> Silicon Valley De-Bug \u003c/a>and a former county jail inmate who advocates for inmates and their families, says inmates both in and out of solitary confinement were participating in the strike against what he calls \"cruel and unusual punishment.\"\u003c/p>\n\u003cp>On Tuesday, the sheriff's office said it could not discount the fact that the inmates in maximum-security facilities have been accused of \"some of the most violent crimes imaginable,\" though it has medical protocols in place to monitor the inmates' health. They also said in the statement that they would continue to prepare food for the inmates at the Main Jail.\u003c/p>\n\u003cp>The strikers had five demands: an end to \"meaningless classification reviews and biased appeal process,\" solitary confinement, practices of denying clothing to inmates, \"jail profiteering,\" recidivism and \"misappropriation\" of Inmate Welfare Funds.\u003c/p>\n\u003cp>It's unclear exactly how many inmates were participating in the strike.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Beth Willon of KQED contributed to this report. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A federal jury has found two Los Angeles County sheriff's deputies guilty of beating a mentally ill jail inmate and falsifying records to hide it.\u003c/p>\n\u003cp>The deputies were among the latest to be convicted of the more than 20 current or former sheriff's employees charged in connection with a probe of corruption and abuse in the Sheriff's Department.\u003c/p>\n\u003cp>The Los Angeles jury on Monday found Jason Branum and Bryan Brunsting guilty of three charges apiece, including conspiracy to violate civil rights. They could get up to 40 years in prison.\u003c/p>\n\u003cp>The Los Angeles Times s\u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-jail-beating-verdict-20160516-snap-story.html\" target=\"_blank\">ummarizes the case\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The case revolved around \u003ca href=\"http://articles.latimes.com/2011/oct/07/local/la-me-honor-recruit-20111007\" target=\"_blank\">allegations made by Joshua Sather\u003c/a>, a former recruit who said he was only days on the job at the Twin Towers Correctional Facility when he was summoned by his training officer, Brunsting, and told that the inmate had left his cell without permission and mouthed off to jail staff.\u003c/p>\n\u003cp>“We’re going to teach him a lesson,” Sather recalled Brunsting telling him.\u003c/p>\n\u003cp>Sather, who had graduated from the academy at the top of his class, testified he tackled the inmate and punched him several times but then stopped because he wasn't resisting. Other deputies then set upon the inmate with a barrage of kicks and blows. The inmate, Sather said, lay curled up on the ground throughout the assault, screaming and crying.\u003c/p>\n\u003cp>When they were done, he said, the deputies gathered privately to concoct a justification for the beating that they gave sheriff’s officials in falsified reports.\u003c/p>\u003c/blockquote>\n\u003cp>Former Sheriff Lee Baca pleaded guilty in February to lying to federal investigators during the broad investigation into the jail system. He's awaiting sentencing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cbr>\nThis post contains reporting from the Associated Press. \u003c/em>\u003c/p>\n\n",
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"headline": "Two L.A. Jail Guards Convicted in Beating of Mentally Ill Inmate",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal jury has found two Los Angeles County sheriff's deputies guilty of beating a mentally ill jail inmate and falsifying records to hide it.\u003c/p>\n\u003cp>The deputies were among the latest to be convicted of the more than 20 current or former sheriff's employees charged in connection with a probe of corruption and abuse in the Sheriff's Department.\u003c/p>\n\u003cp>The Los Angeles jury on Monday found Jason Branum and Bryan Brunsting guilty of three charges apiece, including conspiracy to violate civil rights. They could get up to 40 years in prison.\u003c/p>\n\u003cp>The Los Angeles Times s\u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-jail-beating-verdict-20160516-snap-story.html\" target=\"_blank\">ummarizes the case\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The case revolved around \u003ca href=\"http://articles.latimes.com/2011/oct/07/local/la-me-honor-recruit-20111007\" target=\"_blank\">allegations made by Joshua Sather\u003c/a>, a former recruit who said he was only days on the job at the Twin Towers Correctional Facility when he was summoned by his training officer, Brunsting, and told that the inmate had left his cell without permission and mouthed off to jail staff.\u003c/p>\n\u003cp>“We’re going to teach him a lesson,” Sather recalled Brunsting telling him.\u003c/p>\n\u003cp>Sather, who had graduated from the academy at the top of his class, testified he tackled the inmate and punched him several times but then stopped because he wasn't resisting. Other deputies then set upon the inmate with a barrage of kicks and blows. The inmate, Sather said, lay curled up on the ground throughout the assault, screaming and crying.\u003c/p>\n\u003cp>When they were done, he said, the deputies gathered privately to concoct a justification for the beating that they gave sheriff’s officials in falsified reports.\u003c/p>\u003c/blockquote>\n\u003cp>Former Sheriff Lee Baca pleaded guilty in February to lying to federal investigators during the broad investigation into the jail system. He's awaiting sentencing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cbr>\nThis post contains reporting from the Associated Press. \u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "After Son Stabs Father, Men Reconcile Through Storytelling",
"title": "After Son Stabs Father, Men Reconcile Through Storytelling",
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"content": "\u003cp>For 18 years, the San Francisco County Jail in San Bruno has run a program aimed at keeping inmates from committing more crimes. It invites victims to meet with perpetrators, with the idea that hearing the voices of victims will force perpetrators to face their own actions. The meetings can be hard, but healing -- especially when they're between father and son.\u003c/p>\n\u003cp>Delia Ginorio runs the \u003ca href=\"http://fivekeyscharter.org/about/board\">Resolve To Stop Violence Program\u003c/a> (RSVP). In a room just off the jail hallway, Ginorio talks with the day’s speakers, outlining the work they do here. In addition to survivors' talks, they also run an on-site charter school, substance abuse recovery program, creative writing classes, yoga classes and meditation. It’s not a quick fix nor a guaranteed one, but Ginorio says that in the 18 years since they started, it’s proven incredibly effective at interrupting cycles of violence.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/261603413\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>“I’m a believer that no program works, but it’s our job to provide really good tools and information, and if our clients choose to use those, it will work for them,” she says. “We have good stats and information that the longer men are in our program, the higher the chance of them changing their behavior, but I can’t give false hope.”\u003c/p>\n\u003cp>But today Ginorio says the program will be “a little bit different.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Different because of who the speakers are. This isn’t the first time Joe Loya Jr., a convicted bank robber who has been \u003ca href=\"http://www.amazon.com/Man-Who-Outgrew-Prison-Cell/dp/0060508930\" target=\"_blank\">telling his story\u003c/a> publicly for years, has spoken here. But this time he is joined by his father, and he’s feeling the nerves. It's only the second time they've told the story publicly together.\u003c/p>\n\u003cp>Ginorio asks him why he's feeling shaky.\u003c/p>\n\u003cp>“ ’Cause of my dad. Now I’m here with my dad, I’m telling the story differently. Now it’s a different story,” he says. He describes it as a dance with his father, a story told by two narrators. “We’re barely starting this dance, and now it’s a love story. And when you're in a love story, you collaborate.”\u003c/p>\n\u003cp>But it is a love story that took a long and violent detour.\u003c/p>\n\u003cp>\u003cstrong>Fathers and Sons\u003c/strong>\u003c/p>\n\u003cp>Ginorio leads the group down the hallway and into a room lined with jail cells. Chairs are arranged auditorium-style in the center. Forty-five men, all dressed in bright orange jumpsuits, are already in their seats.\u003c/p>\n\u003cp>Ginorio introduces herself and then poses some questions to the men in the room. How many are fathers, she asks. About a third of the men’s hands go up. Then she asks how many people have had challenges with their own fathers -- more than half of the men raise their hands.\u003c/p>\n\u003cp>“How many of you in here right now, your children, have issues with you?” Ginorio asks.\u003c/p>\n\u003caside class=\"pullquote alignright\">It taught him a lesson. ... A lesson that tied his own self-worth to violence, to the ability to fight back.\u003c/aside>\n\u003cp>This time only a couple of hands shoot up. Ginorio shakes her head, “I just want to say if we had your children in here, I think they’d tell a different story. Just by being in jail you’re impacting your kids. We got to get honest about that, OK?”\u003c/p>\n\u003cp>And then she introduces Joe Loya Jr.\u003c/p>\n\u003cp>Joe is a big guy, with a big laugh and a big voice, a natural-born storyteller. He talks about how he started robbing banks in the late '80s, a spree in which he robbed “about 18 banks in ’88 and ’89 in 14 months.”\u003c/p>\n\u003cp>“I may not look like it, but when I was a youngster I was a pretty crazy guy. I copped to three banks and I did about seven years in the feds, spent about two years in solitary confinement,” he tells the men.\u003c/p>\n\u003cp>But the story Joe Jr. is here to share isn’t really about robbing banks, or even his time in prison. It’s about the moments that led up to that.\u003c/p>\n\u003cfigure id=\"attachment_10943979\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10943979\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/JoeJr-800x874.jpg\" alt=\"Joe Loya Jr. tells the story of his journey from robbing banks and solitary confinement to being a successful writer.\" width=\"800\" height=\"874\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/05/JoeJr.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/JoeJr-400x437.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Joe Loya Jr. tells the story of his journey from robbing banks and solitary confinement to being a successful writer. \u003ccite>(Courtesy Joe Loya Jr.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joe Jr. was born to 16-year-old parents in East Los Angeles. His parents were good parents, he says, and it was a loving home. But then when he was around 7 years old, his mom got sick with liver disease. She died two years later.\u003c/p>\n\u003cp>That loss unleashed his father's rage.\u003c/p>\n\u003cp>There are three moments from Joe Jr.’s childhood that he says were pivotal, that changed something in him. “These are the moments that my dad acted against his conscience in a way,” he says.\u003c/p>\n\u003cp>The first one was after he got beaten up by some bullies, and came home with his sweater torn and glasses broken. His father put him in the car, and drove him around to find the guys that beat him up -- telling his son that he had to fight them. They found the guys, but Joe Jr. lied and told his dad it wasn’t them. “I’m in ninth grade, and my dad knows he has a sissy for a son.”\u003c/p>\n\u003cp>It taught him a lesson, he says, a lesson that tied his own self-worth to violence, to the ability to fight back.\u003c/p>\n\u003cp>The second story is spotty in Joe Jr.’s mind because he had a concussion from football practice. But he remembers his father hitting him so hard he toppled over. This was a lesson in the inevitability of violence. It had become a language -- a shorthand between father and son that registered as a fist.\u003c/p>\n\u003cp>These moments, Joe Jr. says, formed a “troika, the trinity of violent moments in my memory that I remember, and I held onto for many years in my prison cell.” Not just in his prison cell. Joe Jr. says that before he would go rob banks, he would think of these moments, turning them over in his mind whenever he wanted to conjure up rage.\u003c/p>\n\u003cp>But it is the third memory, the final one in the trinity, of one night when Joe Jr. was 16 that would turn both his and his father’s worlds upside down.\u003c/p>\n\u003cp>\u003cstrong>The Night Joe Jr. Stabbed His Father\u003c/strong>\u003c/p>\n\u003cp>“My dad comes home, we have a tough day, something kicks off -- and there happens to be a very, very bad beating that I’m subjected to, my brother and I. And it might not even have been the worst one of all. It just happens to be a bad day, and it happens to be that I’m very scared, and it happens to be that I reached my limit,” Joe Jr. says.\u003c/p>\n\u003cp>After the beating, Joe Loya Sr. left the house. Joe Jr. remembers locking his brother in a bathroom and going to the kitchen and grabbing a steak knife. He describes going to his bedroom, hiding the knife underneath his pillow and then waiting for his father to come home. It was as if he took the lessons of violence he learned and put them to work.\u003c/p>\n\u003cp>“He comes to the bedroom door and it’s round two, I think. And I stand up and I pull out the knife. He tells me to put the knife down. One thing leads to another, we wrestle in the middle of the room, and I end up getting the better of him,” Joe Jr. says. He had stabbed his father in the neck.\u003c/p>\n\u003cp>He remembers twisting the blade, trying to break it off. He remembers his father falling on the ground, yelling out, “You killed me, you killed me!”\u003c/p>\n\u003cp>“So up until now, I’ve been a victim. And now like, whoa, that felt interesting. Everything comes out. And as soon as it hit, I felt power. And I liked that feeling,” Joe Jr. says.\u003c/p>\n\u003cp>Joe Jr. was not charged with anything, and after the stabbing he and his brother were sent to foster care for a little bit. He ended up back in his father’s house, but not for long. Soon he was out on his own, and he turned to crime, making victims as a way to never be one again.\u003c/p>\n\u003cp>The jail room is quiet. Some men stare at their feet, others watch Joe Jr. intensely. And then he does something I don’t think the men were expecting.\u003c/p>\n\u003cp>He invites his father to speak. “This is Joe Loya Sr.,” he tells them. “I love him very much -- show him respect.”\u003c/p>\n\u003cfigure id=\"attachment_10943956\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/TheLoyas-800x766.jpg\" alt=\"Joe Loya Sr. (L) and Joe Loya Jr. come together to celebrate after overcoming a rocky past.\" width=\"800\" height=\"766\" class=\"size-medium wp-image-10943956\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-800x766.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-400x383.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-1180x1130.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-960x920.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-32x32.jpg 32w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Joe Loya Sr. (L) and Joe Loya Jr. come together to celebrate after overcoming a rocky past. \u003ccite>(Courtesy Joe Loya Jr.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Where Joe Jr., is big and brash, Joe Sr. is shorter, a slender man with an elegant figure. It doesn't seem possible that this is the same man who was as violent as Joe Jr. described.\u003c/p>\n\u003cp>But Joe Sr. admits to what he did, everything. It wasn’t easy, and it didn’t happen overnight, but it was his idea to accompany his son on jail visits like this.\u003c/p>\n\u003cp>“I did beat him up, and I did punch him,” Joe Sr. says. “I never should have, that was way over the line. I was angry, I don’t want to go into details why, because it’s just an excuse, it’s just another excuse why I was angry. I hit him, and I remember very clearly that when he stabbed me, I was in shock.”\u003c/p>\n\u003cp>Joe Sr. touches the wound that his son left in the back of his neck. He says that every now and then he touches it, feels the scar, and it all comes flooding back -- the fight, that night, all of it.\u003c/p>\n\u003cp>“When it happened I was completely in shock. But when he turned the knife, I said, ‘What an asshole.’ That’s how I felt. He didn’t have to turn the knife -- he already had it in there.”\u003c/p>\n\u003cp>Joe Sr. says what he remembered then was a “moment of enormous clarity.”\u003c/p>\n\u003cp>He remembered when he was a young parent, not much older than 16, coming home from work, and little Joe Jr. was banging on his high chair, so thrilled to see his father.\u003c/p>\n\u003cp>“I said, 'We’ve gone from that to this. Who's responsible?' ” Joe Sr. pounds his chest for emphasis. “I was.\"\u003c/p>\n\u003cp>“I had a beautiful little guy that loved me, that when he saw me would run to me -- Daddy, Daddy -- and now he’s put a knife in my neck. There is no book that’s given to a child, ‘Here’s how you can dust your dad.’ Nobody gets that book. We make that book in the heart of a child.”\u003c/p>\n\u003cp>\u003cstrong>Rewriting the Book in the Heart\u003c/strong>\u003c/p>\n\u003cp>Now they are working to rewrite the ending as a love story. Joe Jr. says this rewriting is possible in part because he recognized that his father’s pain was so similar to his own, that they were both shaped by the loss of his mother. It’s possible in part because Joe had a daughter, and they made a decision -- that it ends here.\u003c/p>\n\u003cp>But they had to start sharing their stories in words -- rather than blows -- in order to make that shift.\u003c/p>\n\u003cp>A man in the back of the room stands up. “I grew up in a home with no father, I only met my father twice in my life. Both times he said he would be back and he never came back. But I also grew up in a very violent home, so I knew violence, it was really prevalent in my home. I was a victim of it and then I continued the cycle as I got older.”\u003c/p>\n\u003cp>There are more practical questions from inmates as well. A man asks Joe Jr. how, after he was released from jail, he beat the temptation to go out and start robbing banks again. “I’m sure you liked what you were doing -- you liked the rush,” the man asks.\u003c/p>\n\u003cp>[contextly_sidebar id=\"LxIzsPOgkx5gpWOL47uN5GiJxIutdCvS\"]\u003c/p>\n\u003cp>Joe Jr. nods and thinks for a second. He tells the man that robbing banks was always, at heart, a response driven by his own anger. “I really learned to see anger as a symptom of a wound.” Now, he keeps track of the warning signs, the body's physical manifestation of anger.\u003c/p>\n\u003cp>“What do you guys feel when you get angry?” The men call out responses -- their teeth grind, their stomachs churn, their hearts pound.\u003c/p>\n\u003cp>“When I tell myself -- 'Oh no, my body’s feeling angry' -- immediately my mind now says, 'OK, where’s the wound?' Immediately. My brain turns instantly into, 'Oh if I’m feeling angry, get the anger out of the way, I’m wounded somewhere,' ” Joe says.\u003c/p>\n\u003cp>Where’s the wound? It’s a fascinating question. And Joe Jr. puts it in a really powerful way -- that anger is a wound without a story. That when we don’t have a narrative for our pain, our wound's only outlet is rage.\u003c/p>\n\u003cp>At the heart of the RSVP program is an idea about the power of storytelling. In hearing the stories of victims, and listening to the stories of our own wounds, we can change the narrative of the future.\u003c/p>\n\u003cp>After the end of each of these sessions, one of the men gets up to retell the story they have heard, to pull out the lessons.\u003c/p>\n\u003cp>One clutches a pad of paper, and slowly reads the words he has written there.\u003c/p>\n\u003cp>“How many of us didn’t want to be that little boy, didn’t want to be picked on? So I’m going to create this image, I’m going to create this monster, this person that victimizes, that hurts people,” he says.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“ 'Cause you can’t hurt this monster, you can hurt that little boy, but you can’t hurt this monster. How many of us our fake, though, 'cause we think our violence means we are in control? But if someone calls us a bitch, we become a puppet to other people, other people can control us. And how many of us are doing what it takes to quiet that monster, doing work?” he asks. “ ’Cause I know I have still have that monster in me.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For 18 years, the San Francisco County Jail in San Bruno has run a program aimed at keeping inmates from committing more crimes. It invites victims to meet with perpetrators, with the idea that hearing the voices of victims will force perpetrators to face their own actions. The meetings can be hard, but healing -- especially when they're between father and son.\u003c/p>\n\u003cp>Delia Ginorio runs the \u003ca href=\"http://fivekeyscharter.org/about/board\">Resolve To Stop Violence Program\u003c/a> (RSVP). In a room just off the jail hallway, Ginorio talks with the day’s speakers, outlining the work they do here. In addition to survivors' talks, they also run an on-site charter school, substance abuse recovery program, creative writing classes, yoga classes and meditation. It’s not a quick fix nor a guaranteed one, but Ginorio says that in the 18 years since they started, it’s proven incredibly effective at interrupting cycles of violence.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/261603413&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/261603413'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“I’m a believer that no program works, but it’s our job to provide really good tools and information, and if our clients choose to use those, it will work for them,” she says. “We have good stats and information that the longer men are in our program, the higher the chance of them changing their behavior, but I can’t give false hope.”\u003c/p>\n\u003cp>But today Ginorio says the program will be “a little bit different.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Different because of who the speakers are. This isn’t the first time Joe Loya Jr., a convicted bank robber who has been \u003ca href=\"http://www.amazon.com/Man-Who-Outgrew-Prison-Cell/dp/0060508930\" target=\"_blank\">telling his story\u003c/a> publicly for years, has spoken here. But this time he is joined by his father, and he’s feeling the nerves. It's only the second time they've told the story publicly together.\u003c/p>\n\u003cp>Ginorio asks him why he's feeling shaky.\u003c/p>\n\u003cp>“ ’Cause of my dad. Now I’m here with my dad, I’m telling the story differently. Now it’s a different story,” he says. He describes it as a dance with his father, a story told by two narrators. “We’re barely starting this dance, and now it’s a love story. And when you're in a love story, you collaborate.”\u003c/p>\n\u003cp>But it is a love story that took a long and violent detour.\u003c/p>\n\u003cp>\u003cstrong>Fathers and Sons\u003c/strong>\u003c/p>\n\u003cp>Ginorio leads the group down the hallway and into a room lined with jail cells. Chairs are arranged auditorium-style in the center. Forty-five men, all dressed in bright orange jumpsuits, are already in their seats.\u003c/p>\n\u003cp>Ginorio introduces herself and then poses some questions to the men in the room. How many are fathers, she asks. About a third of the men’s hands go up. Then she asks how many people have had challenges with their own fathers -- more than half of the men raise their hands.\u003c/p>\n\u003cp>“How many of you in here right now, your children, have issues with you?” Ginorio asks.\u003c/p>\n\u003caside class=\"pullquote alignright\">It taught him a lesson. ... A lesson that tied his own self-worth to violence, to the ability to fight back.\u003c/aside>\n\u003cp>This time only a couple of hands shoot up. Ginorio shakes her head, “I just want to say if we had your children in here, I think they’d tell a different story. Just by being in jail you’re impacting your kids. We got to get honest about that, OK?”\u003c/p>\n\u003cp>And then she introduces Joe Loya Jr.\u003c/p>\n\u003cp>Joe is a big guy, with a big laugh and a big voice, a natural-born storyteller. He talks about how he started robbing banks in the late '80s, a spree in which he robbed “about 18 banks in ’88 and ’89 in 14 months.”\u003c/p>\n\u003cp>“I may not look like it, but when I was a youngster I was a pretty crazy guy. I copped to three banks and I did about seven years in the feds, spent about two years in solitary confinement,” he tells the men.\u003c/p>\n\u003cp>But the story Joe Jr. is here to share isn’t really about robbing banks, or even his time in prison. It’s about the moments that led up to that.\u003c/p>\n\u003cfigure id=\"attachment_10943979\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10943979\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/JoeJr-800x874.jpg\" alt=\"Joe Loya Jr. tells the story of his journey from robbing banks and solitary confinement to being a successful writer.\" width=\"800\" height=\"874\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/05/JoeJr.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/JoeJr-400x437.jpg 400w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Joe Loya Jr. tells the story of his journey from robbing banks and solitary confinement to being a successful writer. \u003ccite>(Courtesy Joe Loya Jr.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Joe Jr. was born to 16-year-old parents in East Los Angeles. His parents were good parents, he says, and it was a loving home. But then when he was around 7 years old, his mom got sick with liver disease. She died two years later.\u003c/p>\n\u003cp>That loss unleashed his father's rage.\u003c/p>\n\u003cp>There are three moments from Joe Jr.’s childhood that he says were pivotal, that changed something in him. “These are the moments that my dad acted against his conscience in a way,” he says.\u003c/p>\n\u003cp>The first one was after he got beaten up by some bullies, and came home with his sweater torn and glasses broken. His father put him in the car, and drove him around to find the guys that beat him up -- telling his son that he had to fight them. They found the guys, but Joe Jr. lied and told his dad it wasn’t them. “I’m in ninth grade, and my dad knows he has a sissy for a son.”\u003c/p>\n\u003cp>It taught him a lesson, he says, a lesson that tied his own self-worth to violence, to the ability to fight back.\u003c/p>\n\u003cp>The second story is spotty in Joe Jr.’s mind because he had a concussion from football practice. But he remembers his father hitting him so hard he toppled over. This was a lesson in the inevitability of violence. It had become a language -- a shorthand between father and son that registered as a fist.\u003c/p>\n\u003cp>These moments, Joe Jr. says, formed a “troika, the trinity of violent moments in my memory that I remember, and I held onto for many years in my prison cell.” Not just in his prison cell. Joe Jr. says that before he would go rob banks, he would think of these moments, turning them over in his mind whenever he wanted to conjure up rage.\u003c/p>\n\u003cp>But it is the third memory, the final one in the trinity, of one night when Joe Jr. was 16 that would turn both his and his father’s worlds upside down.\u003c/p>\n\u003cp>\u003cstrong>The Night Joe Jr. Stabbed His Father\u003c/strong>\u003c/p>\n\u003cp>“My dad comes home, we have a tough day, something kicks off -- and there happens to be a very, very bad beating that I’m subjected to, my brother and I. And it might not even have been the worst one of all. It just happens to be a bad day, and it happens to be that I’m very scared, and it happens to be that I reached my limit,” Joe Jr. says.\u003c/p>\n\u003cp>After the beating, Joe Loya Sr. left the house. Joe Jr. remembers locking his brother in a bathroom and going to the kitchen and grabbing a steak knife. He describes going to his bedroom, hiding the knife underneath his pillow and then waiting for his father to come home. It was as if he took the lessons of violence he learned and put them to work.\u003c/p>\n\u003cp>“He comes to the bedroom door and it’s round two, I think. And I stand up and I pull out the knife. He tells me to put the knife down. One thing leads to another, we wrestle in the middle of the room, and I end up getting the better of him,” Joe Jr. says. He had stabbed his father in the neck.\u003c/p>\n\u003cp>He remembers twisting the blade, trying to break it off. He remembers his father falling on the ground, yelling out, “You killed me, you killed me!”\u003c/p>\n\u003cp>“So up until now, I’ve been a victim. And now like, whoa, that felt interesting. Everything comes out. And as soon as it hit, I felt power. And I liked that feeling,” Joe Jr. says.\u003c/p>\n\u003cp>Joe Jr. was not charged with anything, and after the stabbing he and his brother were sent to foster care for a little bit. He ended up back in his father’s house, but not for long. Soon he was out on his own, and he turned to crime, making victims as a way to never be one again.\u003c/p>\n\u003cp>The jail room is quiet. Some men stare at their feet, others watch Joe Jr. intensely. And then he does something I don’t think the men were expecting.\u003c/p>\n\u003cp>He invites his father to speak. “This is Joe Loya Sr.,” he tells them. “I love him very much -- show him respect.”\u003c/p>\n\u003cfigure id=\"attachment_10943956\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/05/TheLoyas-800x766.jpg\" alt=\"Joe Loya Sr. (L) and Joe Loya Jr. come together to celebrate after overcoming a rocky past.\" width=\"800\" height=\"766\" class=\"size-medium wp-image-10943956\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-800x766.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-400x383.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-1180x1130.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-960x920.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2016/05/TheLoyas-32x32.jpg 32w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Joe Loya Sr. (L) and Joe Loya Jr. come together to celebrate after overcoming a rocky past. \u003ccite>(Courtesy Joe Loya Jr.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Where Joe Jr., is big and brash, Joe Sr. is shorter, a slender man with an elegant figure. It doesn't seem possible that this is the same man who was as violent as Joe Jr. described.\u003c/p>\n\u003cp>But Joe Sr. admits to what he did, everything. It wasn’t easy, and it didn’t happen overnight, but it was his idea to accompany his son on jail visits like this.\u003c/p>\n\u003cp>“I did beat him up, and I did punch him,” Joe Sr. says. “I never should have, that was way over the line. I was angry, I don’t want to go into details why, because it’s just an excuse, it’s just another excuse why I was angry. I hit him, and I remember very clearly that when he stabbed me, I was in shock.”\u003c/p>\n\u003cp>Joe Sr. touches the wound that his son left in the back of his neck. He says that every now and then he touches it, feels the scar, and it all comes flooding back -- the fight, that night, all of it.\u003c/p>\n\u003cp>“When it happened I was completely in shock. But when he turned the knife, I said, ‘What an asshole.’ That’s how I felt. He didn’t have to turn the knife -- he already had it in there.”\u003c/p>\n\u003cp>Joe Sr. says what he remembered then was a “moment of enormous clarity.”\u003c/p>\n\u003cp>He remembered when he was a young parent, not much older than 16, coming home from work, and little Joe Jr. was banging on his high chair, so thrilled to see his father.\u003c/p>\n\u003cp>“I said, 'We’ve gone from that to this. Who's responsible?' ” Joe Sr. pounds his chest for emphasis. “I was.\"\u003c/p>\n\u003cp>“I had a beautiful little guy that loved me, that when he saw me would run to me -- Daddy, Daddy -- and now he’s put a knife in my neck. There is no book that’s given to a child, ‘Here’s how you can dust your dad.’ Nobody gets that book. We make that book in the heart of a child.”\u003c/p>\n\u003cp>\u003cstrong>Rewriting the Book in the Heart\u003c/strong>\u003c/p>\n\u003cp>Now they are working to rewrite the ending as a love story. Joe Jr. says this rewriting is possible in part because he recognized that his father’s pain was so similar to his own, that they were both shaped by the loss of his mother. It’s possible in part because Joe had a daughter, and they made a decision -- that it ends here.\u003c/p>\n\u003cp>But they had to start sharing their stories in words -- rather than blows -- in order to make that shift.\u003c/p>\n\u003cp>A man in the back of the room stands up. “I grew up in a home with no father, I only met my father twice in my life. Both times he said he would be back and he never came back. But I also grew up in a very violent home, so I knew violence, it was really prevalent in my home. I was a victim of it and then I continued the cycle as I got older.”\u003c/p>\n\u003cp>There are more practical questions from inmates as well. A man asks Joe Jr. how, after he was released from jail, he beat the temptation to go out and start robbing banks again. “I’m sure you liked what you were doing -- you liked the rush,” the man asks.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Joe Jr. nods and thinks for a second. He tells the man that robbing banks was always, at heart, a response driven by his own anger. “I really learned to see anger as a symptom of a wound.” Now, he keeps track of the warning signs, the body's physical manifestation of anger.\u003c/p>\n\u003cp>“What do you guys feel when you get angry?” The men call out responses -- their teeth grind, their stomachs churn, their hearts pound.\u003c/p>\n\u003cp>“When I tell myself -- 'Oh no, my body’s feeling angry' -- immediately my mind now says, 'OK, where’s the wound?' Immediately. My brain turns instantly into, 'Oh if I’m feeling angry, get the anger out of the way, I’m wounded somewhere,' ” Joe says.\u003c/p>\n\u003cp>Where’s the wound? It’s a fascinating question. And Joe Jr. puts it in a really powerful way -- that anger is a wound without a story. That when we don’t have a narrative for our pain, our wound's only outlet is rage.\u003c/p>\n\u003cp>At the heart of the RSVP program is an idea about the power of storytelling. In hearing the stories of victims, and listening to the stories of our own wounds, we can change the narrative of the future.\u003c/p>\n\u003cp>After the end of each of these sessions, one of the men gets up to retell the story they have heard, to pull out the lessons.\u003c/p>\n\u003cp>One clutches a pad of paper, and slowly reads the words he has written there.\u003c/p>\n\u003cp>“How many of us didn’t want to be that little boy, didn’t want to be picked on? So I’m going to create this image, I’m going to create this monster, this person that victimizes, that hurts people,” he says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“ 'Cause you can’t hurt this monster, you can hurt that little boy, but you can’t hurt this monster. How many of us our fake, though, 'cause we think our violence means we are in control? But if someone calls us a bitch, we become a puppet to other people, other people can control us. And how many of us are doing what it takes to quiet that monster, doing work?” he asks. “ ’Cause I know I have still have that monster in me.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Santa Clara Jail Report Finds Widespread Complaints of Inmate Abuse",
"title": "Santa Clara Jail Report Finds Widespread Complaints of Inmate Abuse",
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"content": "\u003cp>A new report on conditions at Santa Clara County jail facilities finds widespread inmate complaints of physical and verbal abuse and other forms of harassment by correctional officers -- with little recourse for those who have grievances.\u003c/p>\n\u003cp>The report, based in large part on confidential interviews with 944 inmates, was carried out at the direction of a \u003ca href=\"https://www.sccgov.org/sites/scc/Pages/brc.aspx\" target=\"_blank\">Blue Ribbon Commission\u003c/a> appointed to investigate jail conditions after \u003ca href=\"http://ww2.kqed.org/news/2015/09/03/three-santa-clara-jail-guards-arrested-in-inmates-death\" target=\"_blank\">three guards were charged with murder\u003c/a> last year in the death of a mentally ill inmate.\u003c/p>\n\u003cp>Results of the \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=7489&MediaPosition=628.581&ID=80167&CssClass=\" target=\"_blank\">report\u003c/a>, which also included interviews with 33 jail staff members and eight relatives of inmates, were released at a meeting of the panel last Saturday.\u003c/p>\n\u003cp>The commission hired San Francisco law firm \u003ca href=\"http://www.mosconelaw.com/\" target=\"_blank\">Moscone Emblidge & Otis\u003c/a> to conduct the interviews, in which approximately 27 percent of inmates and 3 percent to 4 percent of staff participated.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>Critical Issues at Santa Clara County Jail\u003c/h4>\n\u003cp>A summary of the most urgent issues identified by interviews of jail inmates, staff and inmate relatives:\u003cbr>\nSummary of the most serious and common allegations:\u003c/p>\n\u003cul>\n\u003cli>The grievance system is broken and puts inmates and staff at risk.\u003c/li>\n\u003cli>Deputies use more force than necessary, and use force against inmates who are shackled and pose no threat to others.\u003c/li>\n\u003cli>Inmates face long delays in getting medical and psychiatric care. Some are denied care altogether.\u003c/li>\n\u003cli>Inmates lack enough clothing and supplies to keep themselves and their cells clean, subjecting them to rashes, ringworm, scabies and dangerous staph infections.\u003c/li>\n\u003cli>Inmates get little time out of their cells and at odd hours of the day, which prevents them from being able to contact counsel or family members.\u003c/li>\n\u003cli>Inmates say there’s little transparency about rules for discipline, infractions and placement within the jail.\u003c/li>\n\u003cli>Inmates serving longer state prison sentences in jails say there’s no way to shorten their time with good behavior, as there would be in prison. They also lack vocational and educational opportunities.\u003c/li>\n\u003cli>Understaffing has led to low morale and increased risk to both deputies and inmates.\u003c/li>\n\u003cli>Jail staff face little, if any consequence for misconduct.\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The report found widespread complaints that correctional officers use excessive force \"in routine jail movements and lockdowns. Interviewees emphasized that officers’ use of force does not always stop when an emergency ends; physical violence and pepper spray often continue even after an inmate is fully restrained and no longer a threat to anyone’s safety.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some inmates told interviewers that \"some officers use physical force against inmates who 'talk back' ... and that a few officers use force disproportionately with vulnerable inmates, such as those who are mentally ill, elderly, or without family, because these inmates are less able to speak up for themselves.\"\u003c/p>\n\u003cp>Inmates complained that officers often aren't held accountable for abusing inmates. On the other hand, jail staff told interviewers that the jail's administration often exercises favoritism in meting out discipline and \"sometimes rushes to hold officers accountable before culpability has been established.\"\u003c/p>\n\u003cp>\"The perceived combination of 'sweep it under the rug' culture with 'throw officers under the bus' reactions from administration results in staff morale that is reported to be exceedingly low,\" the report said.\u003c/p>\n\u003cp>Jodie Smith, the attorney who presented the report's findings Saturday, said both inmates and correctional staff view the jail's system for filing and acting on grievances as broken.\u003c/p>\n\u003cp>The system requires inmates to hand grievance slips directly to correctional officers, the report says, adding that many prisoners report that officers simply refuse to take the slips or tear them up.\u003c/p>\n\u003cp>Attorneys said many inmates report that guards retaliate against those who complain, with some saying they avoid filing grievances because they fear the consequences.\u003c/p>\n\u003cp>“They didn’t want to be locked down,\" Smith said of the inmates. \"They didn’t want to have strip searches, they didn’t want to have force used against them, they didn’t want to receive disciplinary infractions, and they feared, based on their observations of others, that’s what would happen to them.”\u003c/p>\n\u003cp>Sheriff Laurie Smith, an ex-officio member of the blue ribbon commission, listened intently to the findings. Following the four-hour meeting, she wrote in a statement, “We are not waiting for every report to be issued before we take action.”\u003c/p>\n\u003cp>Smith said locked grievance collection boxes were being installed in all facilities “so that inmates feel safe in making a complaint.\" She vowed to implement a complaint-tracking process \"to ensure those complaints don't fall on deaf ears.”\u003c/p>\n\u003cp>LaDoris Cordell, the retired Superior Court judge who heads the commission, says she plans to discuss a response to the findings at a meeting March 5.\u003c/p>\n\u003cp>The panel will also consider recommendations from a separate \u003ca href=\"http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=146742\" target=\"_blank\">review of jail policies and procedures\u003c/a> from special consultant Aaron Zisser.\u003c/p>\n\u003cp>Zisser, an attorney who previously served with the U.S. Department of Justice Civil Rights Division, called Santa Clara’s grievance system “a mess,” with serious flaws that result in “critical failures.”\u003c/p>\n\u003cp>Zisser found jail staff made no distinction between minor grievances and serious allegations -- and that claims of serious misconduct and incidents involving serious use of force, other serious misconduct and failure to report a use of force often were not referred for investigation.\u003c/p>\n\u003cp>“There really isn’t any meaningful independent oversight,” Zisser told the panel Saturday.\u003c/p>\n\u003cp>Zisser recommended the establishment of an independent oversight entity that has authority to enforce inmates’ rights and has full access to jail facilities, data, records, staff and administrators.\u003c/p>\n\u003cp>Zisser said the agency should be fully independent from the sheriff’s office and report directly to the Board of Supervisors.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This article was produced as a project for the California Data Fellowship, a program of the \u003ca href=\"http://www.centerforhealthjournalism.org/\" target=\"_blank\">Center for Health Journalism\u003c/a> at the \u003ca href=\"http://annenberg.usc.edu/\" target=\"_blank\">USC Annenberg School for Communication and Journalism\u003c/a>.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new report on conditions at Santa Clara County jail facilities finds widespread inmate complaints of physical and verbal abuse and other forms of harassment by correctional officers -- with little recourse for those who have grievances.\u003c/p>\n\u003cp>The report, based in large part on confidential interviews with 944 inmates, was carried out at the direction of a \u003ca href=\"https://www.sccgov.org/sites/scc/Pages/brc.aspx\" target=\"_blank\">Blue Ribbon Commission\u003c/a> appointed to investigate jail conditions after \u003ca href=\"http://ww2.kqed.org/news/2015/09/03/three-santa-clara-jail-guards-arrested-in-inmates-death\" target=\"_blank\">three guards were charged with murder\u003c/a> last year in the death of a mentally ill inmate.\u003c/p>\n\u003cp>Results of the \u003ca href=\"http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=7489&MediaPosition=628.581&ID=80167&CssClass=\" target=\"_blank\">report\u003c/a>, which also included interviews with 33 jail staff members and eight relatives of inmates, were released at a meeting of the panel last Saturday.\u003c/p>\n\u003cp>The commission hired San Francisco law firm \u003ca href=\"http://www.mosconelaw.com/\" target=\"_blank\">Moscone Emblidge & Otis\u003c/a> to conduct the interviews, in which approximately 27 percent of inmates and 3 percent to 4 percent of staff participated.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>Critical Issues at Santa Clara County Jail\u003c/h4>\n\u003cp>A summary of the most urgent issues identified by interviews of jail inmates, staff and inmate relatives:\u003cbr>\nSummary of the most serious and common allegations:\u003c/p>\n\u003cul>\n\u003cli>The grievance system is broken and puts inmates and staff at risk.\u003c/li>\n\u003cli>Deputies use more force than necessary, and use force against inmates who are shackled and pose no threat to others.\u003c/li>\n\u003cli>Inmates face long delays in getting medical and psychiatric care. Some are denied care altogether.\u003c/li>\n\u003cli>Inmates lack enough clothing and supplies to keep themselves and their cells clean, subjecting them to rashes, ringworm, scabies and dangerous staph infections.\u003c/li>\n\u003cli>Inmates get little time out of their cells and at odd hours of the day, which prevents them from being able to contact counsel or family members.\u003c/li>\n\u003cli>Inmates say there’s little transparency about rules for discipline, infractions and placement within the jail.\u003c/li>\n\u003cli>Inmates serving longer state prison sentences in jails say there’s no way to shorten their time with good behavior, as there would be in prison. They also lack vocational and educational opportunities.\u003c/li>\n\u003cli>Understaffing has led to low morale and increased risk to both deputies and inmates.\u003c/li>\n\u003cli>Jail staff face little, if any consequence for misconduct.\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>The report found widespread complaints that correctional officers use excessive force \"in routine jail movements and lockdowns. Interviewees emphasized that officers’ use of force does not always stop when an emergency ends; physical violence and pepper spray often continue even after an inmate is fully restrained and no longer a threat to anyone’s safety.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some inmates told interviewers that \"some officers use physical force against inmates who 'talk back' ... and that a few officers use force disproportionately with vulnerable inmates, such as those who are mentally ill, elderly, or without family, because these inmates are less able to speak up for themselves.\"\u003c/p>\n\u003cp>Inmates complained that officers often aren't held accountable for abusing inmates. On the other hand, jail staff told interviewers that the jail's administration often exercises favoritism in meting out discipline and \"sometimes rushes to hold officers accountable before culpability has been established.\"\u003c/p>\n\u003cp>\"The perceived combination of 'sweep it under the rug' culture with 'throw officers under the bus' reactions from administration results in staff morale that is reported to be exceedingly low,\" the report said.\u003c/p>\n\u003cp>Jodie Smith, the attorney who presented the report's findings Saturday, said both inmates and correctional staff view the jail's system for filing and acting on grievances as broken.\u003c/p>\n\u003cp>The system requires inmates to hand grievance slips directly to correctional officers, the report says, adding that many prisoners report that officers simply refuse to take the slips or tear them up.\u003c/p>\n\u003cp>Attorneys said many inmates report that guards retaliate against those who complain, with some saying they avoid filing grievances because they fear the consequences.\u003c/p>\n\u003cp>“They didn’t want to be locked down,\" Smith said of the inmates. \"They didn’t want to have strip searches, they didn’t want to have force used against them, they didn’t want to receive disciplinary infractions, and they feared, based on their observations of others, that’s what would happen to them.”\u003c/p>\n\u003cp>Sheriff Laurie Smith, an ex-officio member of the blue ribbon commission, listened intently to the findings. Following the four-hour meeting, she wrote in a statement, “We are not waiting for every report to be issued before we take action.”\u003c/p>\n\u003cp>Smith said locked grievance collection boxes were being installed in all facilities “so that inmates feel safe in making a complaint.\" She vowed to implement a complaint-tracking process \"to ensure those complaints don't fall on deaf ears.”\u003c/p>\n\u003cp>LaDoris Cordell, the retired Superior Court judge who heads the commission, says she plans to discuss a response to the findings at a meeting March 5.\u003c/p>\n\u003cp>The panel will also consider recommendations from a separate \u003ca href=\"http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=146742\" target=\"_blank\">review of jail policies and procedures\u003c/a> from special consultant Aaron Zisser.\u003c/p>\n\u003cp>Zisser, an attorney who previously served with the U.S. Department of Justice Civil Rights Division, called Santa Clara’s grievance system “a mess,” with serious flaws that result in “critical failures.”\u003c/p>\n\u003cp>Zisser found jail staff made no distinction between minor grievances and serious allegations -- and that claims of serious misconduct and incidents involving serious use of force, other serious misconduct and failure to report a use of force often were not referred for investigation.\u003c/p>\n\u003cp>“There really isn’t any meaningful independent oversight,” Zisser told the panel Saturday.\u003c/p>\n\u003cp>Zisser recommended the establishment of an independent oversight entity that has authority to enforce inmates’ rights and has full access to jail facilities, data, records, staff and administrators.\u003c/p>\n\u003cp>Zisser said the agency should be fully independent from the sheriff’s office and report directly to the Board of Supervisors.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This article was produced as a project for the California Data Fellowship, a program of the \u003ca href=\"http://www.centerforhealthjournalism.org/\" target=\"_blank\">Center for Health Journalism\u003c/a> at the \u003ca href=\"http://annenberg.usc.edu/\" target=\"_blank\">USC Annenberg School for Communication and Journalism\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
"airtime": "SUN 9pm-10pm",
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"meta": {
"site": "radio",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.commonwealthclub.org/podcasts",
"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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}
},
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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"id": "freakonomics-radio",
"title": "Freakonomics Radio",
"info": "Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
"rss": "https://feeds.feedburner.com/freakonomicsradio"
}
},
"fresh-air": {
"id": "fresh-air",
"title": "Fresh Air",
"info": "Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.",
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"link": "/radio/program/fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/381444908/podcast.xml"
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"id": "here-and-now",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"rss": "https://feeds.npr.org/510051/podcast.xml"
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},
"hidden-brain": {
"id": "hidden-brain",
"title": "Hidden Brain",
"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/hiddenbrain.jpg",
"officialWebsiteLink": "https://www.npr.org/series/423302056/hidden-brain",
"airtime": "SUN 7pm-8pm",
"meta": {
"site": "news",
"source": "NPR"
},
"link": "/radio/program/hidden-brain",
"subscribe": {
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"tuneIn": "https://tunein.com/podcasts/Science-Podcasts/Hidden-Brain-p787503/",
"rss": "https://feeds.npr.org/510308/podcast.xml"
}
},
"how-i-built-this": {
"id": "how-i-built-this",
"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
"meta": {
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/3zxy",
"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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"rss": "https://feeds.npr.org/510313/podcast.xml"
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
"imageAlt": "KQED Hyphenación",
"officialWebsiteLink": "/podcasts/hyphenacion",
"meta": {
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"order": 15
},
"link": "/podcasts/hyphenacion",
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"spotify": "https://open.spotify.com/show/2p3Fifq96nw9BPcmFdIq0o?si=39209f7b25774f38",
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"amazon": "https://music.amazon.com/podcasts/6c3dd23c-93fb-4aab-97ba-1725fa6315f1/hyphenaci%C3%B3n",
"rss": "https://feeds.megaphone.fm/KQINC2275451163"
}
},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED The Political Mind of Jerry Brown",
"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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"apple": "https://itunes.apple.com/us/podcast/id1492194549",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/latino-usa",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/xtTd",
"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Masters-of-Scale-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
"site": "radio",
"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
"subscribe": {
"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
"apple": "https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
},
"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
"imageAlt": "On Our Watch from NPR and KQED",
"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
"site": "news",
"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
"apple": "https://podcasts.apple.com/podcast/id1567098962",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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"stitcher": "https://www.stitcher.com/show/on-our-watch",
"rss": "https://feeds.npr.org/510360/podcast.xml"
}
},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
"site": "news",
"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
"meta": {
"site": "news",
"source": "pbs"
},
"link": "/radio/program/pbs-newshour",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
"imageAlt": "KQED Perspectives",
"officialWebsiteLink": "/perspectives/",
"meta": {
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
"subscribe": {
"apple": "https://podcasts.apple.com/us/podcast/id73801135",
"npr": "https://www.npr.org/podcasts/432309616/perspectives",
"rss": "https://ww2.kqed.org/perspectives/category/perspectives/feed/",
"google": "https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
"officialWebsiteLink": "https://www.npr.org/sections/money/",
"meta": {
"site": "news",
"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
"npr": "https://rpb3r.app.goo.gl/M4f5",
"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
"tuneIn": "https://tunein.com/podcasts/Business--Economics-Podcasts/Planet-Money-p164680/",
"rss": "https://feeds.npr.org/510289/podcast.xml"
}
},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Political Breakdown",
"officialWebsiteLink": "/podcasts/politicalbreakdown",
"meta": {
"site": "radio",
"source": "kqed",
"order": 5
},
"link": "/podcasts/politicalbreakdown",
"subscribe": {
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"amazon": "https://music.amazon.com/podcasts/e0c2d153-ad36-4c8d-901d-f1da6a724824/political-breakdown",
"npr": "https://www.npr.org/podcasts/572155894/political-breakdown",
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