Education in County Jails

Recommendations 5

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  Legal Issues strike cases, the current offense is not a serious or violent felony. A number of significant legal issues have arisen since the enactment of the "Three Strikes Law." As of In third strike cases, over 50% of the oldest the end of October 1995, approximately 30 Court of alleged priors are over ten years old. Appeals opinions relating to the law have been published (excluding cases depublished or granted Over 85% of the defendants charged with two review). California Supreme Court review has been and three strike cases are represented by some sought in many of these cases. The law, therefore, is in type of court-appointed counsel at County constant flux and many issues remain unsettled. Some expense. major issues are summarized below. Three strike cases are seven times less likely to Dismissing Prior Felony Convictions result in a certified plea at an early stage. Perhaps the most significant issue which has yet Criminal jury trials in Superior Court have to be resolved is whether a trial court has the authority increased 25% and strike cases accounts for to dismiss a qualifying prior felony conviction. If the 44% of all felony trials. court dismisses a prior conviction, it can avoid imposing a three strikes sentence for the current offense. The Strike cases are three times more likely to go to issue is frequently framed in terms of a separation of trial than all felonies and four times more likely powers argument. Prosecutors argue that the "Three than the same type of case prior to the Strikes Law" limits the court's authority to dismiss, implementation of the "Three Strikes Law." while defendants contend that if the law does impose such limitations, it violates the separation of powers Three strike cases are remaining in the court doctrine. The issue has been raised in numerous three system 41% longer than before the effect of the strikes cases, and is currently before the California "Three Strikes Law." Supreme Court in People v. Superior Court (Romero) (No. S045097) and People v. Glaster (No. S048283). The high security jail population has increased from 36% to approximately 62%. The separation of powers argument centers around the fact that Penal Code Section 1385(a) The average three strike inmate length of stay is authorizes judges to dismiss an action in the furtherance 177 days in pre-adjudicated cases. of justice. The "Three Strikes Law", however, states that the prosecution may move to dismiss a prior The "Three Strikes Law" has resulted in a conviction in the interest of justice or if there is significant increase in costs for the entire insufficient evidence to prove the prior; it does not criminal justice system. explicitly state that the court has the same power. Therefore, relying largely on People v. Tenorio (1970) For FY 1994-95 the County's costs for 3 Cal.3d 89, defendants have argued that the law the "Three Strikes Law" was over $101 violates the separation of powers doctrine because it million. requires the court to obtain the prosecutor's approval before exercising Penal Code Section 1385(a) By FY 1996-97 projected costs will be authority to dismiss a prior conviction. $309 million - a 306% increase over 1994-95. Prosecutors argue, among other things, that the Another component of the analysis is case holding of Tenorio has been undermined by subsequent backlog. A significant proportion of strike cases has not legislation and case law which have limited the court's reached disposition. An assessment of pending cases section 1385(a) discretion; that the specific and the age of these cases is being conducted. A related prohibition in the "Three Strikes Law" against analysis is the measure of time spans between major granting probation takes precedence over the court events. These time frames are then compared and general section 1385(a) power to dismiss; and that contrasted to the baseline. allowing the trial court to dismiss prior convictions would frustrate the intent of the "Three Strikes Law." We have a justice system that, in terms of its financial, physical and human resources has been Other Issues stretched to the limit. And, without some level of relief in the immediate future, we will continue to see a rapid decline in both the quantity and quality Whether a three strikes sentence of 25 years to of justice system services. life constitutes cruel and unusual punishment. This issue is often raised in conjunction with the separation of powers argument. A number of RECOMMENDATIONS Court of Appeals decisions have rejected this contention.
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  That the Board of Supervisors continue its aggressive efforts at the State and federal levels Whether convictions incurred before passage of to recover the additional costs that have been the "Three Strikes Law" qualify as strikes for sentencing purposes. Several decisions have incurred by the County justice system due to the "Three Strikes Law." held that such convictions qualify as strikes. Whether the "Three Strikes Law" is an unlawful ex post facto law because it uses convictions We endorse the position taken by some of the
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  Superior Court judges that they have the incurred prior to enactment of the law in order discretion to dismiss a prior strike or a third to increase the current sentence. Several strike if the court deems the third strike is decisions have held that there is no ex post facto non-violent or serious. problem. . EDUCATION IN COUNTY JAILS Introduction Correctional Education Division The Criminal Justice Committee conducted a Nationwide 15% of American adults are study on the rate of recidivism of the more than 230,000 illiterate. It is estimated that 65% of the inmates in LACJ are functionally illiterate. Developing programs inmates that are booked into the nine Los Angeles and policies to improve the education levels of felony County Jails (LACJ) each year, who are awaiting hearings, trial, or who have been convicted of a crime. offenders is critical to rehabilitative efforts, especially given evidence that lack of education and problem- Numerous interviews were conducted with solving skills contribute to criminal behavior. various officials and individuals who would be most qualified in estimating the rate of recidivism of those The Correctional Education Division (CED) convicted of a crime. provides opportunities for inmates to participate in a comprehensive educational program to help make positive and productive changes in their lives. Today jails are overcrowded far beyond capacities, so much so that inmates are being released early to make room for new arrestees. Many of those In 1973 the Adult Division began providing academic classes at select jail facilities in Los Angeles released early will be back on the streets committing County. Within four years this program expanded to new crimes, rearrested and back in jail (recidivism). become CED and has continually renewed its contract with the Los Angeles County Sheriff's Department, Studies have been made on the effectiveness of providing a complete package of educational services at correctional education in reducing recidivism in our all jail facilities located throughout Los Angeles County. nation's prisons, but none were made as to the effect of correctional education in reducing recidivism in county jails. Consequently all findings quoted in this report are Correctional Education course offerings may lead to a high school diploma or GED certificate. In estimates by those individuals interviewed who are most addition, a wide range of vocational courses are offered knowledgeable in making these estimates. as well as a selection of support instructional programs unique to the needs of student inmates. Some of these Approximately 75-85% of male inmates and courses include Job Search Skills, AIDS education, from 80-90% of female inmates in the Los Angeles substance abuse programs and parenting classes. County Jails become repeat offenders. The CED maintains a staff of 180 administra- tors, teachers and support personnel. The Division Purpose holds charter membership in the Correctional Education Association and is fully accredited by the Western This study explores possible methods to reduce Association of School and Colleges. All instructors recidivism and increase rehabilitation of those hold valid California teaching credentials. individuals incarcerated. Records indicate that more than 230,000 strategies to support the process of "remaining clean". REACH assists each participant in the inmates are booked into the county's nine independent jail facilities each year. Only 400 GED certificates and development of achievable goals designed to 60 high school diplomas are awarded annually as well as prevent substance abuse and criminal activity approximately 2,000 academic and vocational that accompanies it. The final portion of the certificates. program prepares participants for success in gainful employment. Now in its 23rd year, the CED is the largest provider of correctional education services for jail Prison Recidivism facilities in the United States. Most recent studies of educational and vocational programs in prison report lower The CED has received national recognition for the development of innovative programs and services recidivism rates, lower parole revocation rates, for the incarcerated. Among these programs are: better post-release employment patterns, and better institutional disciplinary records for participants compared to non participants. TALK Jail Recidivism TALK is the division's nationally recognized visitation program created for the children of an incarcerated parent enrolled in a parenting class. The Correctional Education employees esti- mated the same results apply to inmates of the Los Angeles County Jails -- reduced recidivism The format is a child centered "hands-on" rates are prevalent among those inmates taking laboratory where the youngster and parent vocational and educational classes. interact within a sequential series of communication exercises rebonding and activities specifically designed to facilitate family Of these 400 inmates voluntarily enrolled in educational and vocational classes in the North reunification. County Correctional Facility (NCCF) 50% are TALK was created in order to address the not repeat offenders. This figure of 400 represents only 10-11% of the 3,600-4,000 damaging effect that parental incarceration inmates at NCCF. placed on the children of the inmate. The program's emphasis is centered on the child and is a major contributor to its success and is the Some Alternate Opportunities only such program in the nation to incorporate this design. Sybil Brand Institute for Women has a class in cosmetology. Only ten women inmates can take this class at a given time because of limited REACH work areas. Almost all go on to receive their licenses as cosmetologists. It was noted that less than 20% of these inmates have recidivated REACH is a voluntary, substance abuse education program developed for incarcerated in the past ten years. addicted substance abusers and multiple-offense The offset printing class at NCCF also had a drunk drivers. It is a three-phase project very high rate of rehabilitation indicating that designed to reduce the high rate of recidivism high profile vocational classes do work. among this group. The program provides individual and peer counseling as well as 18 RECOMMENDATIONS Transportation Work-furlough inmates may use public It is time methods improve to start the process transportation to be driven to and from work, of rehabilitation. This takes more money than is now some may even use their own cars, but all must available to implement but must be done as a chaotic return to Scapular House immediately at the end situation exists and will worsen if there are not of their workday. As incarcerated inmates, they improvements. are locked in when not at work. Tremendous sums are being expended Rules incarcerating thousands of felons and we will be spending more as this revolving door situation increases. Inmates who break any rules, such as not reporting to work, not returning immediately Correctional education does more to rehabilitate after work, substance abuse, intoxication, or any inmates than any other process. Methods to other violation will be returned to the courts for explore increasing correctional education should resentencing to jail or prison. Only a small be done at once. percentage ever violate probation. There are no second chances. Substance abuse treatment, continued education and vocational training and job placements are Paying the Way needed to help rehabilitate the released inmate. Each rehabilitated individual saves the County Each work-furlough inmate pays Scapular $35,000 per year (incarceration costs and court House $10 to $35 per day based upon ability to costs). Multiply this figure by thousands and pay. When an inmate cannot afford to pay, the the figures become staggering. job-training placement agency pays $15. Most inmates receive low paid $5 to $8 per hour jobs, WORK-FURLOUGH AT SCAPULAR however, some who are skilled earn HOUSE considerably more. Upon being found guilty defendants can be given Why not Scapular House? a work-furlough sentence to be served at Scapular House in place of a jail or prison term. Scapular House Scapular House can handle as many as 227; is run by the Probation Department. however, its current inmate population is only 65, five female and 60 male. In contrast, Qualifying for a Job Ventura County has a similar facility that houses 250 inmates out of 350 available spaces. There A high percentage of inmates, who are eligible are two main reasons why Scapular House is not for work-furlough, are given jobs to report to used more frequently. daily. In the instance that a prisoner needs literacy instruction to qualify for employment, One primary reason those sentenced do not use he/she will receive 30 hours of instruction per work-furlough is that time served in jail awaiting week with up to three hours per day of judgment and the remaining time to be served homework until a satisfactory level is attained. are less than the time required for work- After gaining employment, all inmates continue furlough. Defendants have the right to refuse with educational classes when not at work. the work-furlough process and serve the remainder of their sentence in jail or prison. Another reason is that many in the court system Work-release inmates under Probation Depart- are not familiar with the Scapular House option. ment supervision should be assigned to Scapular House or a similar facility as long as beds are RECOMMENDATIONS Full-time work-furlough inmates available. should have preference over work-release individuals. Because of Scapular House's high record of reduced recidivism, all personnel concerned with Scapular House now houses both male and justice should be advised of its services and female inmates. Although the Probation successes. Whenever possible the Scapular Department reports they have had no problems House option should be encouraged and with this situation, it is recommended that when exercised. this program expands separate facilities be provided. When Scapular House is filled to capacity, the County should investigate more of this type of facility. 20
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  That the Board of Supervisors continue its aggressive efforts at the State and federal levels Whether convictions incurred before passage of to recover the additional costs that have been the "Three Strikes Law" qualify as strikes for sentencing purposes. Several decisions have incurred by the County justice system due to the "Three Strikes Law." held that such convictions qualify as strikes. Whether the "Three Strikes Law" is an unlawful ex post facto law because it uses convictions We endorse the position taken by some of the
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  Superior Court judges that they have the incurred prior to enactment of the law in order discretion to dismiss a prior strike or a third to increase the current sentence. Several strike if the court deems the third strike is decisions have held that there is no ex post facto non-violent or serious. problem. . EDUCATION IN COUNTY JAILS Introduction Correctional Education Division The Criminal Justice Committee conducted a Nationwide 15% of American adults are study on the rate of recidivism of the more than 230,000 illiterate. It is estimated that 65% of the inmates in LACJ are functionally illiterate. Developing programs inmates that are booked into the nine Los Angeles and policies to improve the education levels of felony County Jails (LACJ) each year, who are awaiting hearings, trial, or who have been convicted of a crime. offenders is critical to rehabilitative efforts, especially given evidence that lack of education and problem- Numerous interviews were conducted with solving skills contribute to criminal behavior. various officials and individuals who would be most qualified in estimating the rate of recidivism of those The Correctional Education Division (CED) convicted of a crime. provides opportunities for inmates to participate in a comprehensive educational program to help make positive and productive changes in their lives. Today jails are overcrowded far beyond capacities, so much so that inmates are being released early to make room for new arrestees. Many of those In 1973 the Adult Division began providing academic classes at select jail facilities in Los Angeles released early will be back on the streets committing County. Within four years this program expanded to new crimes, rearrested and back in jail (recidivism). become CED and has continually renewed its contract with the Los Angeles County Sheriff's Department, Studies have been made on the effectiveness of providing a complete package of educational services at correctional education in reducing recidivism in our all jail facilities located throughout Los Angeles County. nation's prisons, but none were made as to the effect of correctional education in reducing recidivism in county jails. Consequently all findings quoted in this report are Correctional Education course offerings may lead to a high school diploma or GED certificate. In estimates by those individuals interviewed who are most addition, a wide range of vocational courses are offered knowledgeable in making these estimates. as well as a selection of support instructional programs unique to the needs of student inmates. Some of these Approximately 75-85% of male inmates and courses include Job Search Skills, AIDS education, from 80-90% of female inmates in the Los Angeles substance abuse programs and parenting classes. County Jails become repeat offenders. The CED maintains a staff of 180 administra- tors, teachers and support personnel. The Division Purpose holds charter membership in the Correctional Education Association and is fully accredited by the Western This study explores possible methods to reduce Association of School and Colleges. All instructors recidivism and increase rehabilitation of those hold valid California teaching credentials. individuals incarcerated. Records indicate that more than 230,000 strategies to support the process of "remaining clean". REACH assists each participant in the inmates are booked into the county's nine independent jail facilities each year. Only 400 GED certificates and development of achievable goals designed to 60 high school diplomas are awarded annually as well as prevent substance abuse and criminal activity approximately 2,000 academic and vocational that accompanies it. The final portion of the certificates. program prepares participants for success in gainful employment. Now in its 23rd year, the CED is the largest provider of correctional education services for jail Prison Recidivism facilities in the United States. Most recent studies of educational and vocational programs in prison report lower The CED has received national recognition for the development of innovative programs and services recidivism rates, lower parole revocation rates, for the incarcerated. Among these programs are: better post-release employment patterns, and better institutional disciplinary records for participants compared to non participants. TALK Jail Recidivism TALK is the division's nationally recognized visitation program created for the children of an incarcerated parent enrolled in a parenting class. The Correctional Education employees esti- mated the same results apply to inmates of the Los Angeles County Jails -- reduced recidivism The format is a child centered "hands-on" rates are prevalent among those inmates taking laboratory where the youngster and parent vocational and educational classes. interact within a sequential series of communication exercises rebonding and activities specifically designed to facilitate family Of these 400 inmates voluntarily enrolled in educational and vocational classes in the North reunification. County Correctional Facility (NCCF) 50% are TALK was created in order to address the not repeat offenders. This figure of 400 represents only 10-11% of the 3,600-4,000 damaging effect that parental incarceration inmates at NCCF. placed on the children of the inmate. The program's emphasis is centered on the child and is a major contributor to its success and is the Some Alternate Opportunities only such program in the nation to incorporate this design. Sybil Brand Institute for Women has a class in cosmetology. Only ten women inmates can take this class at a given time because of limited REACH work areas. Almost all go on to receive their licenses as cosmetologists. It was noted that less than 20% of these inmates have recidivated REACH is a voluntary, substance abuse education program developed for incarcerated in the past ten years. addicted substance abusers and multiple-offense The offset printing class at NCCF also had a drunk drivers. It is a three-phase project very high rate of rehabilitation indicating that designed to reduce the high rate of recidivism high profile vocational classes do work. among this group. The program provides individual and peer counseling as well as 18 RECOMMENDATIONS Transportation Work-furlough inmates may use public It is time methods improve to start the process transportation to be driven to and from work, of rehabilitation. This takes more money than is now some may even use their own cars, but all must available to implement but must be done as a chaotic return to Scapular House immediately at the end situation exists and will worsen if there are not of their workday. As incarcerated inmates, they improvements. are locked in when not at work. Tremendous sums are being expended Rules incarcerating thousands of felons and we will be spending more as this revolving door situation increases. Inmates who break any rules, such as not reporting to work, not returning immediately Correctional education does more to rehabilitate after work, substance abuse, intoxication, or any inmates than any other process. Methods to other violation will be returned to the courts for explore increasing correctional education should resentencing to jail or prison. Only a small be done at once. percentage ever violate probation. There are no second chances. Substance abuse treatment, continued education and vocational training and job placements are Paying the Way needed to help rehabilitate the released inmate. Each rehabilitated individual saves the County Each work-furlough inmate pays Scapular $35,000 per year (incarceration costs and court House $10 to $35 per day based upon ability to costs). Multiply this figure by thousands and pay. When an inmate cannot afford to pay, the the figures become staggering. job-training placement agency pays $15. Most inmates receive low paid $5 to $8 per hour jobs, WORK-FURLOUGH AT SCAPULAR however, some who are skilled earn HOUSE considerably more. Upon being found guilty defendants can be given Why not Scapular House? a work-furlough sentence to be served at Scapular House in place of a jail or prison term. Scapular House Scapular House can handle as many as 227; is run by the Probation Department. however, its current inmate population is only 65, five female and 60 male. In contrast, Qualifying for a Job Ventura County has a similar facility that houses 250 inmates out of 350 available spaces. There A high percentage of inmates, who are eligible are two main reasons why Scapular House is not for work-furlough, are given jobs to report to used more frequently. daily. In the instance that a prisoner needs literacy instruction to qualify for employment, One primary reason those sentenced do not use he/she will receive 30 hours of instruction per work-furlough is that time served in jail awaiting week with up to three hours per day of judgment and the remaining time to be served homework until a satisfactory level is attained. are less than the time required for work- After gaining employment, all inmates continue furlough. Defendants have the right to refuse with educational classes when not at work. the work-furlough process and serve the remainder of their sentence in jail or prison. Another reason is that many in the court system Work-release inmates under Probation Depart- are not familiar with the Scapular House option. ment supervision should be assigned to Scapular House or a similar facility as long as beds are RECOMMENDATIONS Full-time work-furlough inmates available. should have preference over work-release individuals. Because of Scapular House's high record of reduced recidivism, all personnel concerned with Scapular House now houses both male and justice should be advised of its services and female inmates. Although the Probation successes. Whenever possible the Scapular Department reports they have had no problems House option should be encouraged and with this situation, it is recommended that when exercised. this program expands separate facilities be provided. When Scapular House is filled to capacity, the County should investigate more of this type of facility. 20