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Why Ending Prison Sexual Violence Won’t Be Easy

10:16 am in Uncategorized by davidchura

prison cellIt’s an optimistic headline: “Prison Rape: Obama’s Program to Stop It”. It leads into a comprehensive New York Review of Books article on three recently released Federal government publications.  Two of these documents examine sexual abuse in the nation’s detention centers while the other outlines the Department of Justice’s regulations for eliminating prison rape. All three aim to address the appalling number of people—young and old, female and male, citizen and those awaiting deportation— who  routinely suffer sexual violence while in lockup, an estimated 209,000 plus every year according to the Justice Department.

So where’s the optimism? The guidelines established by the Obama administration are—on paper, at least—good ones. As the reviewers David Kaiser and Lovisa Stannow (both staunch advocates for victims of prison sexual assault) note, the new recommendations address pivotal issues: how detention centers are staffed, how those staffs are trained in sexual abuse issues, and how inmates are supervised. Equally important is how offenders are evaluated for their potential as either sexual prey or predator. This provision is crucial in protecting young offenders, especially LGBT youth who are in greater danger of sexual harassment and abuse by peers and adult inmates. Once this information is obtained housing can be assigned based on vulnerability, which in the case of minors means not being housed with adults. There are also new standards on how prisoners can report sexual assault and on how that information is handled and investigated by staff. Kaiser and Stannow write that if these standards are successful—“and we believe they will be”—then the incidences of prison rape will be reduced dramatically.

But I can’t share their optimism. I wish I could. My skepticism stems from the way in which these regulations are to be enforced.  Enforcement will be the responsibility of the state departments of corrections and the correctional staff in charge of prisons and jails.

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Maybe He Was Right and I Didn’t Care about Victims?

8:00 am in Uncategorized by davidchura

“You don’t care about the victims. All you care about are those kids.”

I Don't Wish Nobody To Have a Life Like Mine by David Churra

It was a comment I’ve heard in one form or another at book events, at juvenile justice talks I’ve given, or in response to pieces I’d written about our national policy of retribution towards troubled kids. I have to admit, though, this guy was a bit more, shall I say, challenging, as he stood up after my reading and made his comment.

I’d read several advice articles for authors on giving readings which suggested that you have “pat answers” ready for the Q & A. It keeps things moving. It may be good advice, but I’ve found that it doesn’t work for me. Juvenile justice is too potent a topic be “pat answered” away. Besides, I wrote I Don’t Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup about the young offenders I taught for ten years in the adult county prison to get people thinking about this much neglected issue. So I do my best to address each concern sincerely.

Fielding the man’s rather angry question, I talked about my belief that kids should indeed be held accountable for their actions; that they should learn that what they did affected not only their victims and their families and communities but also the young offenders themselves and their families and communities. What I couldn’t support was the punitive quality of that accountability as it is now practiced in our prison system.

I could tell that evening’s questioner was pretty disgusted. I was one more bleeding heart, one more knee jerk liberal, one more sucker taken in by “those kids.” He was gracious about it. He didn’t say any of that out loud. He didn’t have to. I’d heard it all before.

But his comment stayed with me long after the event: What did I feel about the victims?

I talk a lot about victims in my book. But the victims in this case are the locked up high school students I worked with for those ten years. In telling their stories—stories of childhood neglect and abandonment; of sexual abuse; of violence in the home and on the streets; of parental addiction and disease—I wanted readers to at least be aware of the fertile ground of mistreatment in which these children grew up. From my challenger’s point of view I’m sure I do go on too much about “those kids” and not about the people who suffered because of their crimes. (It’s important to note, however, that many of the teens I came across in jail—and this holds true for prisons nationally—were serving time for victimless, nonviolent offences.) I was beginning to wonder if maybe the guy was right. Maybe I didn’t care about crime victims?

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Keeping Locked-up Kids and Their Families Connected

5:52 am in Uncategorized by davidchura

Arizona’s legislature recently passed a law charging prison visitors a onetime $25 fee as a way to help close the state’s $1.6 billion budget deficit. Middle Ground Prison Reform, a prison advocacy group, challenged the law in court as a discriminatory tax, but a county judge upheld its constitutionality.

Fees like that, slapped on prisoners and their families, couldn’t be more counterintuitive. But then again, so many of our criminal justice policies are just that. Since it is mostly the poor, the desperately poor who fill US prisons, the $25 fee is one more economic hardship offenders’ families have to struggle with. It becomes another bill they have to scramble to pay—that is if they can.

These kinds of charges (and Arizona isn’t the only jurisdiction trying to shift the cost of incarceration to the poor) have even graver consequences. When a family can’t pay the fee their contact with their loved one is limited, essentially cutting an offender off from the only supports he or she has in the outside world.

Psychologists have long known how central it is for an individual to have nurturing people in his or her life in order to develop emotionally, psychologically and socially. This need for a supportive network is even more essential when we talk about the young people who are locked away from family and loved ones in our nation’s prisons and detention centers.

As anyone who has worked with kids in the penal system knows on a gut level, it is crucial to have families and other supportive community members involved in young offenders’ lives as they serve their time. Now, that commonsense intuition has been given empirical strength by studies done by such juvenile justice groups as the Vera Institute of Justice which have demonstrated that maintaining young people’s connection to families is a major factor in helping kids stay out of jail once they are released.

But it’s easy to question whether these families are really such a positive influence. After all, if they were doing such a great job what are their kids doing in jail?

It’s an easy assumption to make until you see some of those family members in the prison visiting room with their sons and daughters. I got to do that at least twice a year when the jailhouse high school where I taught for ten years in a county adult facility had its open house for families and caregivers.

The place was packed with mothers, fathers, grandmothers, grandfathers, aunts, uncles, brothers and sisters, or the people who stepped into those roles when circumstances—AIDS, death, addiction, incarceration, abandonment, all the things that ravage the lives of the poor and disenfranchised—demanded it. It wasn’t easy for many of them to get there. Meals had to be missed. Second jobs skipped. Long cross-county bus rides with tickets to pay for, transfers to be negotiated, at night, often in bad weather. The grandmother of one of my students, Leon, a skinny 15 year old who was finally making progress in class, had to travel over an hour on three buses to get there. It was a trip I knew she faithfully made twice a week to see her grandson. “I wouldn’t miss a visit with my boy for anything,” she told me, reaching over and giving Leon’s hair a playful tug. “But now you tell, Mr. Chura, how’s he doin in class?” That set Leon squirming.

It was a conversation I had over and over during those family visits. Miguel’s uncle who gave me his phone number and urged me to call him if Miguel wasn’t in school. Luis’ mother, frail and  in a wheelchair, holding her son’s hand, telling me how when Luis got out of jail she was moving her whole family out of state to get away from the gangs that ran wild in the streets. “I just want my boys to be safe,” she said, her English halting but her fear and determination palpable.

It was hard to hear in the visiting room sometimes with people chattering in several different languages, children running around, little brothers squealing when their big brother in his funny orange jump suit picked them up, mothers crying, locked-up sons trying to explain, promise, console. It was hard to hear but it was easy to know what was going on: Families—fragile, fragmented, strained, mending—were desperately trying to stay a family.

Many of those visitors would be willing to admit that they hadn’t done such a good job at maintaining the family bond, but that they did the best they could given the problems they had to face. Like Luis’ mother the determination was there but the resources weren’t. If we as a nation are serious about reducing crime (and not just by increased incarceration) it is important that we not put more obstacles in the way of young inmates’ families but rather that we give them the opportunities and resources to develop and sustain those crucial connections. It’s an investment that’s worth losing 25 bucks over.

Originally appeared on Juvenile Justice Information Exchange

Real Solutions for Ending Prison Rapes

8:04 am in Uncategorized by davidchura

Sex and power — forces rampant in our prison system, thwarted and twisted by the jail culture. Lock up large numbers of the same gender and the frustrated sexual energy is palpable. Likewise, in jail everyone — wardens, correctional officers, inmates — wants power, fights for it, manipulates for it, in a place where everyone is made to feel impotent. The locked up teenagers I taught over a ten year period in an adult county facility and about whom I write in I Don’t Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup, had a great image for that lack of power: crabs in a bucket, stepping over each other, pulling down the ones closest to the top, so nobody wins.

Sex and power, as everyone knows, are the ingredients of rape. Consequently, the prison rape numbers are high. According to the Bureau of Justice Statistics 88,500 incarcerated adults were sexually abused — by correctional staff or other inmates — in 2009. This number doesn’t include the kids who have been sexually victimized while locked up, an even higher percentage.

Disturbing numbers made even more disturbing by the fact that seven years ago the George W. Bush congress (surprisingly) passed the Prison Rape Elimination Act.

It’s a good bill that raised the alarm regarding widespread prison sexual assaults. It also established the National Prison Rape Elimination Commission to investigate and make recommendations on how best to stop prisoner sexual abuse. In June 2009 the Commission finally released its report setting out certain reforms. However, the Obama administration has yet to adopt those findings.

The recommendations are thorough, straightforward and sensible. Among them, instituting zero tolerance policies of all sexual abuse. Training staff to identify potential sexual assault situations. Teaching inmates their right to report sexual harassment without reprisals. Screening new inmates for their risk of being sexually abused or abusive.

When I read what the Commission suggested I wondered why prisons haven’t already been taking these commonsensical, low cost measures which would have spared thousands of men and women pain and suffering. And I wondered what this failure said about our criminal justice system’s attitude — and our society’s attitude — towards prison rape, and prisoners in general?

But if we really want to get at the causes of prison sexual assaults we have to dig deeper than a commissioned report.

The system is the problem. Our jails are run on a culture of violence. Walk into a jail and you’ll know that violence. Every day I worked in the county jail I was hit by it. The smells of men packed into overcrowded dorms; of exposed toilets; of rancid food. The constant din of the PA system; of the blaring television; of officers and inmates shouting over it all. The sight of a handcuffed inmate being dragged down the hall to the Special Housing Unit by the black-clad emergency response team. Just another day in the county lockup.

A more subtle message of this culture of violence is the dehumanization of the body. Sounds pretty philosophical, but in jail it translates real easy: Your body isn’t yours. You dress, undress, shower, shit under somebody’s eye, electronic or otherwise. You can be stripped down and exposed to cameras; you can be prodded and explored — “cavity searched” — all at corrections’ command. My jailhouse students knew this. During one of corrections’ clampdowns on jailhouse tattoos, one of the kids, a tattoo artist, commented, “The way police see it, when we do our shit, we’re defacing county property.” When human beings are treated as commodities, sexual assault becomes inevitable; and this inevitability fits the publics’ perception: Prison rape happens. (Yet, can you imagine the outbreak if these attacks took place in any other public care institution?)

Prison rape can only be diminished when we change the culture of violence within our jails. It’s not impossible. It is being done in some prisons across the country where administrators such as Sunny Schwartz in the San Francisco county jails have had the courage and vision to implement programs in restorative justice and violence reduction programs, for example. These approaches, when supported by administrators and uniformed staff, have reduced sexual violence by demanding full accountability from inmates and correctional staff alike while ensuring that each person is valued and respected.

In March, Attorney General Holder told a congressional committee that addressing prison rape “…is something that I think needs to be done, not tomorrow, but yesterday.” Today is “yesterday.” The victims of prison rape can’t wait for another “yesterday.”

Originally posted on Huffington Post

Time to “Think Outside the Box” on Recidivism

10:21 am in Uncategorized by davidchura

At the beginning of my ten years teaching teenagers in a county lockup, years I chronicle in I Don’t Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup(Beacon Press), I was always surprised, and yes, disappointed, when one of my students got rearrested.

Jail’s a sobering place no matter how tough you want to think you are. The deprivation, brutality, and oppression gets your attention especially if you’re 15 years old. So once locked up, many of the kids I taught saw my jailhouse classroom as an opportunity to do something productive. Along with education, some got counseling to deal with their addiction and anger problems; others reconnected with family and church. When they were released, they talked about changing their lives for the better. They were sincere and determined, and I was hopeful that they would do just that.

Over time, though, my attitude changed. More and more I was surprised when a student didn’t return. Despite society’s puzzlement as to why jail is a revolving door for so many teens, the reasons became obvious to me: The kids I taught might have made significant changes while locked up, but the world they were sent back into—poor, violent, defined by racism—had not. I’ve seen teens walk out the prison gates alone, carrying nothing but a plastic bag with their clothes, a token for the bus, and the county’s other freebie—the wise words, “Don’t come back.” That’s all. No planning, or guidance, or support to make the mega-changes needed to turn their lives around, changes that when you’re a kid with no resources feel insurmountable.

One major stumbling block for any former inmate is jobs. Ex-offenders don’t get hired. Teenage ex-offenders get hired even less. When I asked guys, “What are you doing back here?”,  they would talk about not being able to get jobs they knew they were qualified for because they had a record. It’s hard to “do the right thing” when the streets and their hustles—drugs, auto theft, guns, robbery—are the only employers eager to hire you back.

States have made it easy for employers not to hire someone with a record by formalizing that refusal in their CORI (Criminal Offender Record Information) laws. The biggest roadblock to getting a job is a pretty simple one: the yes/no box on an application that asks, “Have you ever been charged or convicted of a crime?” That box has buried a lot of young men and women trying to start a new life. Check “yes” and the application gets dumped without anyone talking with you, hearing your story, or evaluating you in person. Check “no” and you’re back in the world you’re trying to put behind you, a world of deceit, dishonesty, and manipulation.

Josh is a good example of the power of that box. After serving time, he cleaned himself up at 17. He signed into drug rehab and earned his GED. Then he got lucky. He was accepted into the French Culinary Institute, completed the program, and was ready to fulfill his dream of being a chef. Giant steps for a young man who had been homeless and addicted. But his luck stopped there. No restaurant would hire him because of his record.

Originally CORI laws were designed to help employers make responsible, informed decisions when hiring, and thus to protect citizens from harm and abuse. But these laws have actually turned out to be an impediment to that very protection. If, after individuals do jail time, they are still pushed to the margins of society, unable to legally support themselves and their families, they will only go back doing the things we want to protect society from.

Some states are beginning to understand this vicious cycle and are considering changes to their CORI regulations. Massachusetts is one of the first states to make that sensible and humane reform. One of the most significant changes the state has made is to remove “the box” from applications. An employer can still ask about a prior criminal record, but now at least an ex-offender will have the opportunity to explain his or her past and present themselves as they are now. It may be an awkward and painful conversation for an ex-offender to have fresh out of jail, but it’s a lot more dignified than the deadening silence of the wastepaper basket.

As a teacher I am always pushing my students to “think outside the box.” It’s time that more states do the same and examine closely the laws that limit the possibilities of success and mobility of people who, if we really believe in our own system of justice, have served their time and want to take their place in society.