BOCC Looks at Criminal Justice System in Work Session - The Bradenton Times - Free News for Bradenton, FL and Manatee County

BOCC Looks at Criminal Justice System in Work Session - The Bradenton Times - Free News for Bradenton, FL and Manatee County

"BRADENTON -- Four months ago Manatee County constructed an agreement with Sarasota County to assign their Criminal Justice Policy Coordinator, Wayne Applebee, to join, Walt Smith (Administrator 12th Judicial Circuit) in order to develop a criminal justice policy model and coordinate recommended changes. The BOCC were brought up to speed at Tuesday's work session.

-- To set the stage for what Smith and Applebee have evaluated to date, Smith familiarized the commissioners and others with a verbal walk through on diversion vs incarceration procedures. He identified all options to one when arrested for a misdemeanor or felony, evaluating each steps from bonding to re-entry and spoke of the heavy case loads public defenders carry, as well as the overloaded court dockets. Smith said that even though there is an extremely high rate of plea bargains, some cases just get pushed through, adding, "we realize people's rights to have an attorney, but we have to move on." He said conviction rates of felonies are running in the high 90 percentile.

-- Next up was Applebee's presentation, and the first recommendations on his list were to have the BOCC propose the Public Safety Coordinating Council (PSCC), define their purpose for existence, review their members, limit them to statutory responsibility and establish their mission. Applebee suggested the BOCC should request recommendations of the PSCC prior to making votes related to funding or policy decisions that may affect public safety or the criminal justice system and update the 1992 Resolution creating the PSCC.

The suggestions call for PSCC System Intercept Mapping that locates the gaps and deficiencies in the criminal justice system and establish priorities based on those findings, then adjust funding recommendations accordingly. Applebee also advised board members that the PSCC publish a list of annual criminal justice priorities to fund, prior to the notice of funding announcements and supply an annual report to the BOCC as to their needs.

Applebee told the commissioners that the PSCC should seek to involve broad input from other communities. He suggested the BOCC look for regional and bi-county solutions, where more opportunity might be available at reasonable savings and to indulge educational/vocational systems, faith-based systems and healthcare systems to regularly interact with the criminal justice system.

Key points to a successful model are: to continue with the implementation of the recommendations from the 2008 Carter Goble Study, commit to pretrial services programs, conduct a cost and service benefit analysis for misdemeanor probation and look into joint county collaborations, for both adult and juvenile facilities. Both Smith and Applebee will finish their advisory roles and submit their final report in a couple of weeks, and it will include specific reporting recommendations."

Illinois' juvenile justice system is failing, state report says - chicagotribune.com

Illinois' juvenile justice system is failing, state report says - chicagotribune.com

"Illinois' juvenile justice system is failing to rehabilitate offenders and help them return to life in their communities, according to a state commission's study to be released Tuesday.

More than half of the people released from state Department of Juvenile Justice facilities are later incarcerated again in the juvenile system, according to the study by the Illinois Juvenile Justice Commission.

OCPublicAuction.comThe report also says the state's juvenile justice system "is, in many ways, the 'feeder system' to the adult criminal justice system and a cycle of crime, victimization and incarceration."

The commission was ordered by law to develop recommendations to help youth offenders successfully transition back into their communities. The commission's members found a system that is in desperate need of an overhaul, said its chairman, Judge George W. Timberlake, retired chief judge of the 2nd Judicial Circuit.

"We actually saw a system that doesn't work so well, if we gauge the worth of the system in increasing public safety, doing so at the least possible cost and improving the outcomes of kids who otherwise might be part of future criminal activity," Timberlake said in a phone interview Monday."

BBC News - Chief constable backs 'restorative justice' for youths

BBC News - Chief constable backs 'restorative justice' for youths

"Youths who commit a "minor offence" should not be criminalised, Cambridgeshire's chief constable has said.

Simon Parr said he was encouraging officers to consider "restorative justice" instead of prosecutions.

More than 1,000 offenders in Cambridgeshire have been dealt with using the system since April, with 51.9% of cases involving youths.

The scheme allows victims to help decide punishments for low-level crime.

Mr Parr said: "Arrests are just one of the options available to officers when dealing with a child suspected of a crime and it is not always the most appropriate option.

"I certainly do not want to see children who have committed a minor offence criminalised for their actions."

Police said restorative justice had saved 8,000 policing hours and solved an extra 2.4% of crimes in the county since April.

Victim approval
In one case, a youth who caused £100 of damage to a sports pavilion avoided a criminal conviction by apologising and picking up litter.

An adult who stole £58 of stock from a shop in another case apologised, paid for the items and swept a car park.

Mr Parr said: "Officers in Cambridgeshire are being encouraged to use their professional judgment and look at all the options available to resolve a criminal investigation involving a minor offence, especially when dealing with children.

"Restorative justice provides an alternative to the traditional process of arrest and punishment. That said, the needs of victims remain a priority and are always considered.

"It cannot be used to deal with serious crimes or for repeat offenders and can only be used where a person has admitted their guilt, shown remorse and is willing to apologise and make amends."

Police said research showed people were less likely to reoffend if they were kept out of the criminal justice system."

Transgender and disabled murders to incur far harsher hate-crime penalty | UK news | The Guardian

Transgender and disabled murders to incur far harsher hate-crime penalty | UK news | The Guardian

"Murderers who kill disabled or transgender people in hate crimes are to face much longer prison sentences under government proposals.

The justice secretary, Kenneth Clarke, said the "starting point" for judges sentencing in disability and transgender murder cases was to double from 15 to 30 years.

The move will bring sentencing in these cases in line with murders in which race, religion or sexual orientation is an aggravating factor.

It follows the jailing in September of Leon Fyle, 23, for life for the murder of Destiny Lauren, a transgender woman who worked as a prostitute. Fyle, who was convicted after a retrial, was given a 21-year tariff.

The proposal is part of the government's first strategy to tackle transgender prejudice in England and Wales. The equalities minister, Lynne Featherstone, said the strategy included support for transgender pupils in schools, measures to tackle discrimination in accessing public services and greater steps to protect transgender people's privacy, including not having their transgender identity revealed at work without their consent.

Ministers are to introduce amendments to the legal aid, sentencing and punishment bill now going through parliament to double the starting point in murder cases. It will also allow judges to pass tougher sentences for any crime in which hostility towards transgender or disabled people is an aggravating factor.

Clarke said that hate crime left sections of society living in fear and at risk of unprovoked violence. "The courts already treat hate crime seriously and aggravate sentences accordingly," he said. "These proposals make clear offenders should be in no doubt that they face a more severe sentence for these unacceptable crimes."

The "starting points" for sentencing killers are laid down in the 2003 Criminal Justice Act, which provides judges with guidance on determining the minimum term under a life sentence for murder. Any aggravating or mitigating factors present in the case are then taken into account by the judge before reaching the final minimum term or tariff."

Crime Stoppers in the Tulsa Co. jail - FOX23 News

Crime Stoppers in the Tulsa Co. jail - FOX23 News

"More than three thousand people are booked into the David L. Moss Criminal Justice Center in Tulsa every year.

Deputies say unless security reasons, it doesn’t matter what type of crime inmates are accused of, they are housed in the same cells.

Imagine all the jailhouse chatter that goes on behind the walls, eventually someone is going to talk and now inmates can call a tip for free.

You can call, text and e-mail Crime Stoppers tips.

"We know that other bad guys and scorned lovers are the big frequent fliers are Crime Stoppers,” says Crime Commission Executive Director Carol Bush.

Some of the callers could be inmates with a beef. "There is always jailhouse chatter and jail house snitches for everything,” says Bush.

Any of the information can be reported to Crime Stoppers for free inside the jail. Signs are posted at telephones encouraging inmates to call Crime Stoppers.

"There are a lot of people inside jails that know stuff that is going on the outside and sometimes they know they need to get those people off the streets,” says Crime Stoppers supporter Lewis Billy.

He lives near 11th and Rockford and says he wants criminals invading his neighborhood reported.

"Prostitution, we've had a lot of drive-bys in a few months,” says Billy.

The tipsters could already be locked up with what deputies call “weekenders”. They are someone who is serving scheduled time for offenses such as a DUI.

If those less violent offenders overhear information about bigger crimes, they can call Crime Stoppers inside the jail or when they get out.

"They have a tendency to want to tell somebody because they are good people, they just made a mistake,” says Tulsa County Sheriff’s Office Sgt. Shannon Clark.

Or the tipsters could be hardened criminals who want to score some extra cash for the reward.

"There is a jailhouse etiquette and they are competitive and start tattle telling on each other’s crimes,” says Clark.

Jail calls are recorded but to keep Crime Stopper callers anonymous, the call is on speed dial to the answering service in Texas."

JAG impact on the criminal justice system

JAG impact on the criminal justice system

"Most of the officers who attend my grant writing classes are familiar with the JAG. It is the most flexible of all justice grants for law enforcement, but lots of questions about what JAG supports and what it will allow departments to do with the grant funding arise, both in the classroom and in question submitted to Policegrantshelp.com. Hopefully an introduction to this comprehensive report will offer insight into the JAG. I strongly recommend that anyone interested in applying for a JAG grant read the full report.

The National Criminal Justice Association in partnership with the Bureau of Justice Assistance recently published a report titled "Cornerstone for Justice/Byrne JAG and its Impact in the Criminal Justice System." This comprehensive review of the Jag provides insight into the grant funded initiatives throughout the criminal justice system. The report includes law enforcement, court systems, technology initiatives, corrections, Substance Abuse Prevention and Treatment, victims support, juvenile delinquency and initiatives in strategy planning. Let me provide a summary of the report.

As stated in the report “The Edward Byrne Memorial Justice Assistance grant is presented as the cornerstone federal justice assistance grant program. It grew out of the omnibus Crime Control and Safe Streets Act of 1968 to assist state and local government in strengthening and improving operation of law enforcement functions in the states.”

Today the JAG has expanded to include all aspects of justice and is deemed the most flexible of all of the grants for law enforcement. Police departments have used the JAG to test new and initiatives, technology, expand their policing strategies and purchase needed equipment.

Sixty percent (60%) of the total JAG funds are allocated to the state criminal justice planning agencies, the State Administering Agencies (SAAs) who then in turn pass a designated percentage through to local governments and other organizations, including non-profit service providers. The funding is administered through seven key purpose areas of law enforcement: prosecution and courts, prevention and education, corrections and community corrections drug treatment and enforcement, planning, evaluation and technology and crime victim and witness. Fifty Two Percent (52%) of JAG funding is allocated to law enforcement."

Conservatives' omnibus crime bill clears Commons | News | National Post

Conservatives' omnibus crime bill clears Commons | News | National Post

"OTTAWA — The opposition has called it misguided, at least two provinces have vowed not to pay for it and the Canadian Bar Association has done its darndest to get the Conservatives to listen to reason.

Still, the controversial omnibus crime bill cleared the Commons Monday evening, just 45 sitting days after it was first tabled.

The Safe Streets and Communities Act — a hodgepodge of nine justice bills, most of which were defeated in previous Parliaments when the Conservatives were in minority status — easily passed thanks to the government’s new majority in a vote of 157 to 127.

“Parliament has seen and debated these measures, some of them for as long as four years,” Justice Minister Rob Nicholson said earlier in the day as he called on all MPs to unanimously support the measures — even though this clearly was no longer necessary, nor likely to happen.

“The time for talk is over. The time for action is now.”

The government fast-tracked the bill through the Commons, invoking closure every step of the way to limit debate, and Nicholson expressed hope that the bill also would move through the Senate “expeditiously.”

It is likely to pass second reading before Parliament breaks for the holidays and the Senate committee on legal and constitutional affairs will begin hearing from stakeholders and examining the bill clause-by-clause in the new year.

Bill C-10 is poised to become law by March 16, 2012, the 100th sitting day of the 41st Parliament.

The Senate, however, will need to consider six government amendments proposed by Public Safety Minister Vic Toews at the 11th hour following consultations with stakeholders after House Speaker Andrew Scheer ruled them out of order.

Nearly identical to some of the 38 proposals tabled by Liberal justice critic Irwin Cotler, the amendments aimed at strengthening provisions that allow victims of terrorism to sue their perpetrators were ultimately rejected by a Commons committee.

The late day flip-flop raised the ire of the opposition, which argued this was an abuse of democracy and proof the government was pushing the bill through without adequate debate.

Cotler, who was justice minister under Paul Martin, said Monday that he has spoken with his colleagues in the Senate and has suggested a number of other amendments for the opposition to bring forward.

“I do hope that maybe the government will say, ‘Okay, the Senate is the chamber of sober second thought,’ and maybe they’ll give it that sober second thought, revisit some of their own legislation and see that it gets improved by the Senate deliberations,” he said, noting the government does, however, also have a majority in the Senate.

“The way they exercised their majority in the House, I’m not confident that they’re going to do things differently in the Senate, but there’s always hope.”

Cotler said the biggest “holes” in the bill include the fact that it contains no protection for the mentally ill, that some of the provisions are “constitutionally suspect” and could end up being challenged in court and that changes to the International Transfer of Offenders Act give the minister of public safety unfair and arbitrary powers."

Migrants Say They're Unwilling Mules For Cartels : NPR

Migrants Say They're Unwilling Mules For Cartels : NPR

"Mexican drug cartels have found a new source of labor to backpack marijuana into the United States: illegal immigrants.

Federal agents, prosecutors, defense attorneys and migrants themselves say that traffickers have begun recruiting undocumented immigrants at the border, both voluntarily and forcibly. Now, U.S. courts along the border have to decide what to do with terrified immigrants who come before them and say, "The cartel made me do it."

Rodolfo and Jose Luis were fairly typical economic immigrants. Strong, resourceful and poor, they arrived at Ojinaga, Mexico, with the intention of crossing the border and making their way to Colorado to look for work as roofers. But when they arrived at the Rio Grande on Oct. 21, ready for the journey north, they were met by three trucks full of heavily armed young toughs belonging to La Linea, a drug gang based upriver in Juarez.

"They hit us, threw us on the ground, searched us and took our money," Rodolfo said at the Pecos Criminal Justice Center in Pecos, Texas. "Then they told us if we didn't smuggle drugs for them, they would kill us. They didn't give us any other option."

So that's what Rodolfo and Jose Luis did. They each shouldered a 50-pound backpack full of marijuana and carried it across the dry riverbed into Presidio County, Texas. The cartel guide who accompanied them carried a radio, but no weapon. So as soon as they were out of sight of the border, they dropped the dope in the brush and high-tailed it north. The next morning, Border Patrol agents found them tromping through the desert and arrested them for illegal entry.

"I told the Border Patrol that we were forced to carry it," Rodolfo said. "They told us we were lying. I said, 'No, I'm telling the truth. We'll show you.' So we took them to the place near the river and the marijuana was still there."

In November, the prosecutor dropped the charges. Rodolfo and Jose Luis — fearing for their lives — were deported back to Mexico. They asked that their last names not be used in this story."

Hoping to Reform Justice System, Groups Eye Sunset Review — Texas Department of Criminal Justice | The Texas Tribune

Hoping to Reform Justice System, Groups Eye Sunset Review — Texas Department of Criminal Justice | The Texas Tribune

"With the Texas Legislature set to begin the state review process for the Texas Department of Criminal Justice and the Board of Pardons and Paroles in January, advocacy groups have already begun lobbying the Sunset Advisory Commission, which will conduct the review.

"As a human rights organization, our perspective is that these conditions are cruel and unusual, they violate the Constitution, and that it's illegal to house prisoners in these conditions," said Scott Medlock of the Texas Civil Rights Project.

The group has already sent a letter to the Sunset Advisory Commission noting what it considers inadequate health care for prisoners.

But Medlock knows arguing for prisoners' rights doesn't always get far in tough-on-crime Texas. So he's also proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars.

"So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.

Mark Levin of the Texas Public Policy Foundation, a conservative think tank, agrees that sentencing and the prison population should be reviewed. He said the state must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail."

FFWD - Calgary News & Views - News - Crime bill

FFWD - Calgary News & Views - News - Crime bill

"The clock is ticking on the Harper government’s promise to pass its omnibus crime bill within 100 parliamentary days (expected to come around mid-March). Bill C-10, known as the Safe Streets and Communities Act, is opposed by other levels of government, lawyers, criminologists, advocacy groups and virtually every stakeholder. One voice that has remained noticeably mute is the Alberta government’s.

The bill is a 150-page bundle of seven previously introduced measures, which were not passed, created for the Conservatives’ “tough on crime” agenda. If passed, it will, among other things: allow the victims of terrorism to sue terrorists; extend the time period required before criminal pardons are granted; discontinue house arrest for violent criminals; introduce safeguards against human trafficking; and usher in minimum sentences for sexual offences against children, drug-related offences and repeat young offenders.

The Alberta government has relatively little to say about the omnibus crime bill, but it is supportive. Alberta Justice Minister Verlyn Olson, speaking recently in the legislature, said that Alberta backed the legislation when it was introduced last spring and continues to do so now. Alberta Justice spokesperson Josh Stewart reiterates Olson’s position.

“We were supportive of them (the seven bills) in the past and we’re supportive of them still,” Stewart says. “We were involved in quite a bit of the work behind C-10; a lot of the legislative changes at the federal level we’ve been pushing for over the years.” Stewart points to mandatory sentencing and added prohibitions against the sexual predation of children as two of the areas the Alberta government had a hand in.

“I think Albertans definitely are pro for a stance of being tough on crime. I don’t think there’s a question on that,” he adds.

Not every province shares that view. Ontario and Quebec’s governments are perhaps the most vocally opposed. Both provinces are fighting the omnibus bill’s hardline stance on crime and refusing to pay for the anticipated expansion of the corrections system.

Stewart and the solicitor general’s spokesperson, Jason Maloney, dismiss concerns over increased costs as premature.

“There are going to be costs, but it does take money to fight crime,” says Stewart. “It’s really too early to speculate on what the costs might be or against how those costs might be split.”

While the provincial government appears confident Albertans support the proposed changes, those in the province who are familiar with crime and punishment seem unanimously opposed."