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  • Brown gives Legislature his prison-fix plan

    Brown gives Legislature his prison-fix plan

    Gov. Jerry Brown has begun circulating draft legislation to meet a federal court order to reduce prison crowding, prompting legislative leaders, as promised, to urge the governor instead to fight the court order.

    “Given what we have accomplished … there is only one constructive solution to prison overcrowding: keep people from coming back to prison after they are released,” state Senate leader Darrell Steinberg (D-Sacramento) said in a letter to the governor Monday.

    Steinberg instead urges Brown to pursue his appeal to the U.S. Supreme Court, which just two years ago upheld prison population caps.

    A trio of federal judges last week ordered California to immediately step up the early release of state inmates who have earned good-time credits, or come up with its own plan to otherwise lower the prison population by some 9,600 inmates by the end of the year.

    On Friday, Brown’s administration gave lawmakers the first glimpse of those draft bills. He had told the court he would seek money to continue shipping inmates to private prisons out of state, lease jail space from Los Angeles and Alameda counties, and continue sending prisoners to work at low-security fire-fighting camps spread throughout the state.

    Steinberg reacted Monday by stating that 80% of the prison population has “some need” of mental health services, and pointing to $206 million in the new state budget to add crisis teams and 2,000 crisis stabilization beds for mental health services. “This investment makes sense,” he said.

    “Our investments need to be in community programs and services, not in constructing new prison capacity in California,” he wrote. “What the Three Judge Panel has failed to consider, is how we spend our limited resources.”

    Though Brown has told the court he could expand a good-time credit program within 90 days, he also has said he does not like such steps, and could not promise that lawmakers would approve it. Steinberg has gone on record in the past saying he would not support any effort to expand the state prison system.

  • Restorative Justice in Las Vegas

    Restorative Justice in Las Vegas

    Las Vegas, through its Community Impact Court, is implementing an initiative meant to keep homeless persons from spending long periods in jail.

    The program, Restorative Justice is intended, and built, to reduce recidivism among nonviolent offenders. The goal is to help them get off the street. Permanently.

    Much of the initiative is aimed at homelessness and around homeless issues such as vagrancy and illegal vending. “The program will permit the courts to evaluated each person and discover their needs and the root factors behind their behavior,” said Taylor Barton, CEO of 24/7 Bail Bonds.

    Barton noted a person cited for a crime might be given a court date one to three months in the future. If that person doesn’t show for court, a bench warrant is issued. When the person is caught, they remain in jail before they get to see a judge.

    “That doesn’t solve the problem. It has created a revolving door of persons who keep repeating the same behavior,” Barton said. “Spending the weekend in jail doesn’t help anyone.”

    Under the new parameters, law enforcement would give some offenders a citation with a court date for one to two weeks away. The idea is that the quick turnaround time may make a defendant more apt to appear in court where they can be evaluated before seeing the judge.

    The idea of the program is to get a variety of agencies involved. “Barton said the program would include “the courts, the defense, Clark County district attorney as well as the Las Vegas Metro Police. Also involved with be service providers and community agencies in the region.

    The program is partially funding by a $200K grant from the U.S. Department of Justice in partnership with the Center for Court Innovation. Clark County was one of just ten sites chosen in April for the grant.

  • Chomedey resident arrested in fraud investigation

    iqbal-javaidThe arrest of alleged fraudster and Chomedey resident Iqbal Javaid concluded a major fraud investigation by Laval Police last weekend.

    Operation Game Over project started with information supplied by the public to Info-Crime which indicated that two individuals each controlled a laboratory of false identity documents and created several non-existent identities (synthetic identities) to obtain credit from financial institutions.

    The pair had set up a large network by creating more than 273 synthetic identities and 20 false companies. Twelve financial institutions were targeted: Laurentian Bank, Bank of Montreal, Canadian Tire, CIBC, Tangerine, Capital One, Desjardins, Banque TD, Chase Bank, Citi Bank, Home Depot and Royal Bank.

    In September, police searched the Pont-Viau home of suspect Mian Suhail, an American fugitive whose true identity was still unknown (the FBI confirming that he used four different identities).

    In November, Suhail pleaded guilty to 16 counts worth $600,000 and received a 30-month prison sentence. Last week his accomplice Javaid appeared at the courthouse to face 10 charges totalling $150,000.

    Iqbal Javaid is being held with a $1,000,000 bail.

    In the Pont-Viau laboratories Police also seized $75,000 in cash, six point of sale terminals, Matrices for making false documents, a new Infiniti Qx80, several dozen false identity document kits, computer equipment, photos and 100 false identification cards.

  • Nevada Counties Experiment With Bail Bond Program

    Nevada Counties Experiment With Bail Bond Program

    When Susan Wrigley was arrested in November, she became one of the first persons to experience a pilot program in Nevada.

    Some Nevada counties are modifying the way they are releasing inmates and moving them back into the community. Despite being 7-hours away from Las Vegas, Clark County bail, bond agencies are keeping a close eye on the developments in Reno.

    The courts in Washoe County are running a pilot program which began on November 1 which does away with the spontaneous bail prisoners receive when they’re processed into jail.

    Previously, the system linked a specific bail amount to a particular charge. Under the planned changes courts will have administrative personnel inside the jail who will assess each inmate as soon as they’re booked.

    The plan is to streamline the procedure and identify each arrestee’s risk of failing to appear in court for a scheduled hearing and for committing a subsequent offense.

    The staff uses a series of questions to assess the detainee.

    Heather Condon, Pretrial Services Manager at the Second Judicial District Court, says the questions look at what the defendant has done in the past, is the defendant dealing drugs or have alcohol issues and what are the chances of the accused appearing in court or re-offending.

    Condon states her staff does a pretrial risk assessment and gets the documentation to a judge within one working day. The judge then decides on the defendant’s bail, and they are either released on their own recognizance or given monetary bail.

    “Each is assessed with the same tool,” Condon said.

    The platform is seeing some growing pains. Wrigley found out first hand. She was detained only 48-hours after the new program went into place. Law enforcement authorities claimed Wrigley fought with her mother with whom Wrigley lives. Wrigley was arrested, handcuffed and processed into the jail on a domestic battery charge.

    “I kept asking, ‘Do I have bail, do I have bail?”

    Previously the jail would have automatically set Wrigley’s bail at $7,000. Now with the new program, she was stuck behind bars on a $15,000 cash-only bail. Wrigley couldn’t afford the bail and was held for ten days.

    Charles Jones, another defendant, charged with domestic battery in a case separate from Wrigley’s, was given a $5,000 cash bail.

    Why the difference?

    The two cases are different and defendants have different backgrounds. Wrigley had a higher bond as her mother has Alzheimer’s and is a vulnerable person; a status which enhanced the domestic violence charge.

    The courts admit to some kinks in the new program. Bail previously was set within a few hours of an arrestee being booked into jail. The new system is slower which leaves inmates to wait in jail longer. That extended stay translates into a cost to taxpayers of $110 a day per inmate.

    “It’s not perfect,” Condon said.

    Adam Plumer, spokesperson for 24/7 Bail Bonds in Las Vegas said deputies have told him the Washoe County jail is overcrowded because of the delays and inmates are forced to sleep in the hallways.

    The courts are trying to budget more staff, so the congestion and delays are eased. Another change is the requirement for judges to review the arrestee’s Pretrial Risk Assessment documentation twice.

  • What’s the Difference Between a Refugee and an Immigrant?

    What’s the Difference Between a Refugee and an Immigrant?

    Money!!

    Steal a million here or there and come to America.

    That seems to be the latest twist in immigrant problems that American authorities are trying to unwind.

    Affluent politicians and businessmen believed to be engaged in corruption back home are running to a haven where their wealth and influence often keeps them from being arrested.

    Entering America various of visas, including one meant to encouragement investment, some apply for asylum. The frequently popular target for persons seeking to evade criminal charges is not a banana republic in South America.

    It’s Nevada, USA.

    Officials running from prosecution in Colombia, China, South Korea, Bolivia, and Panama are seeking asylum in Nevada as they take advantage of slack enforcement of American laws and yawning chasms in immigration and economic controls. Most have hidden their assets and real estate by building trusts and limited liability companies in family members’ names.

    United States officials routinely ignore vetting visa applicants. One of the more prominent instances revolves around a recent Panamanian president who was permitted to enter America just hours after his nation’s Supreme Court initiated an inquiry into charges he had pilfered $50 million from his government’s school meal plan.

    On the U.S. State Department’s radar since 2009, Ricardo Martinelli displayed the “dark side” of his connections to corruption.

    After Martinelli left office in 2014, Panamanian special prosecutors investigated the school lunch program. Tipped off just before the Panama Supreme Court announced a formal probe, Martinelli took a private jet to Guatemala City. Martinelli then entered America on a guest visa and within weeks was living luxuriously as he split his time between an extravagant condominium on Miami’s Brickell Avenue and a Las Vegas condo built by The Stark Team.

    The American State Department refused to comment on Martinelli’s case claiming visa documents are private.

    Fengxian Hu was a Chinese fugitive. A former radio broadcaster, Hu led the Chinese state-owned broadcasting company that had a joint deal with Pepsi to distribute the soft drinks in Sichuan province. In 2002, Pepsi accused Hu of looking the company and using funds to buy fancy cars when he wasn’t going on top-tier European vacations.

    Despite this, America gave Hu a visa that permitted him to fly regularly to Las Vegas here he enjoyed VIP status at the MGM Casino.

    Hu applied for a green card through his wife, an American citizen from New York, but American immigration authorities denied Hu’s request.  Undeterred, Hu applied for asylum.

    During all of this, Hu also got into difficulties in America. He dropped millions in a Las Vegas casino and refused to cover a $12 million gambling debt.  Taken to court in 2012, Hu pleaded not guilty to aggravated felony which gets immigrants deported. However, Hu’s pending asylum case was pending so Hu wasn’t going anywhere.

    In 2015, a U.S. Government Accountability Office report on the investigation into Hu said it was “difficult” for immigration authorities to find the true source of Hu’s funds since he had a distinct reason to lie about his financial history on his application.

    “It’s very easy to become lost in the noise if you’re a bad guy,” said Seto Bagdoyan, the co-author of the GAO report.

  • Fifteen people arrested at Heathrow expansion protest

    Fifteen people arrested at Heathrow expansion protest

    Fifteen people have been arrested after campaigners against airport expansion staged a protest near Heathrow Airport.

    A small group of people ran on to the M4 spur road and lay down in front of oncoming traffic, causing temporary disruption.

    Other were arrested on suspicion of public order offences.

    This expansion is being driven by the very rich at the expense of some of the poorest people in the world.RisingUp! campaign group spokesperson

    A Metropolitan Police spokesman said: “A planned protest is ongoing at Heathrow Airport on Saturday.

    “A proportionate policing plan is in place.

    Fifteen people arrested at Heathrow expansion protest
    Fifteen people arrested at Heathrow expansion protest Credit: PA

    “There have been 15 arrests for obstructing the highway and public order offences. Officers remain on scene.”

    As some people took arrestable action, other campaigners gathered on the flyover to chant “No ifs, no buts, no third runway” and “No more runways”.

    Zac Goldsmith with his mother Lady Annabel Goldsmith
    Zac Goldsmith with his mother Lady Annabel Goldsmith, at a rally on Richmond Green, against the Heathrow expansion. Credit: Andrew Parsons / i-Images/Andrew Parsons / i-Images

    People of all ages were present to take part in the demonstration on Saturday which was organised by campaign group RisingUp!.

    Placards reading “Heathrow expansion will destroy thousands of homes” and “Protect the planet, no more runways”, were raised high as locals gathered in the cold to rally against airport expansion.

    A spokesman for the group said: “The Government’s decisions to expand Heathrow, despite mass opposition from local residents and the fact that doing so is incompatible with the UK’s own laws on climate change, leaves us with no morally acceptable option but to resist.

    “Only 15 per cent of the British public is responsible for 70 per cent of international flights taken in the UK and Heathrow largely serves international passengers who have a mean income of £57,000 per year.

    “This expansion is being driven by the very rich at the expense of some of the poorest people in the world.”

    A spokeswoman for Heathrow said the airport’s expansion did not mean a choice between delivering for the economy and protecting the environment.

    She added: “Independent analysis by the Airports Commission has found that building and operating an additional runway at Heathrow is compatible with the UK meeting its long-term climate change reduction targets.

    “The Independent Committee on Climate Change has also shown that a 60 per cent growth in passenger numbers in the United Kingdom can be achieved within the UK’s Climate Change Targets.”

    Heathrow protest
    Protestors from campaign group RisingUp! lock themselves together as they block the east ramp at Heathrow Airport, in protest over the development of a third runway. Credit: PA/PA

    Neil Keveren, a resident of nearby Harmondsworth, said: “Democracy has failed us. Elected leaders have totally reversed the will of the people.

    “As a direct result, the quality of life and life expectancy of the population here will be shorter. This is against our human rights and must be defended.

    “Who is left to correct this injustice when our politicians will not? The answer is us – you and me.”

  • Bail-reform May Help Poor

    Bail-reform May Help Poor

    Tom Chudz had been enjoying his retirement as he drove his Airstream 190 around America.

    One night in New Mexico, while Tom slept, the local sheriff and his deputies came knocking

    Sniffing booze on Tom’s breath, the deputies arrested him believing he had been driving and drinking. Someone had plowed into a Toyota just down the road at a truck stop and law enforcement just “knew” it had to be Tom. Even though they hadn’t seen Tom driving, they processed him into Metro Detention Center in Albuquerque.

    Tom’s cash, billfold and credit cards were back in the trailer. He couldn’t post bond, so he stayed in jail for 33 days.

    “I didn’t have any option but to remain there,” Chudz recently told reporters. Despite the drunk driving charges being eventually dropped, Chudz hasn’t had it easy since getting out.

    His Airstream was taken — with everything in it — when he couldn’t pay the impound costs. For the next three months, Chudz stayed in homeless programs around Albuquerque.

    Accounts like these are motivating state legislators to rework state constitutions to change the application of bond for arrestees waiting for trial. In New Mexico, the law’s prototype won the backing of 87% of citizens in the latest voting.

    New Mexico joined numerous American jurisdictions starting to put risk-based practices of pre-trial detention into place. Pre-trial detention is almost universally seen as fairer and a more efficient option to conventional cash bail.

    Reformers are arguing that typical bond practices leave poor individuals locked up as their affluent counterparts are released. Frequently a judge sets bail based on the accusations a prisoner faces and doesn’t review the arrestee’s criminal past or economic ability to post bail.

    “It is not an honest way of holding persons,” said Leo Romero who chaired a committee chosen by the New Mexico Supreme Court to spearhead the state’s bail reform.

    Governmental numbers reveal in 2009 33 percent of felony arrestees in urban counties remain in jail since they can’t post collateral. The average cost of bond was $25K, and that charge is especially piercing for impoverished defendants.

    Since 2015, various governmental courts have decided the application of monetary bail for indigent persons is unconstitutional. In November 2016 San Francisco’s city attorney decided against defending the city’s bail arrangement facing an objection brought by Equal Justice Under Law.

    Recently many cities and states have decided to look at risk-based options to bond. For instance, if an amendment similar to New Mexico’s is approved in Nevada, judges will be forbidden from keeping low-risk detainees who can’t make bail if:

    • They present little menace or threat, and
    • They are apt to arrive for scheduled court dates

    Nevada may also adopt a rule proposed by Romero’s bail-reform group. If adopted, judges will be required to discharge low-level arrestees who have been accused of petty crimes and not detained within the prior twenty-four months.

    Courts are reviewing a risk-assessment application from the Laura and John Arnold Foundation.

    A computer based program scans the offender records, present charges and the defendant’s age to compute customized flight and risk scores to manage pre-trial decisions regarding release. The software is gaining favor with jurisdictions nationally and has been adopted by 29 cities and states including Charlotte, Arizona, New Jersey and Chicago.

    With risk scores in their hand, judges may release low or medium-risk defendants on their own recognizance. Six states — Nevada, Colorado, Hawaii, New Jersey, Vermont and West Virginia — also

  • Shailene Woodley Released From Jail After Protesting Dakota Access Pipeline

    Shailene Woodley Released From Jail After Protesting Dakota Access Pipeline

    On Monday, actress Shailene Woodley was arrested in Sioux County, North Dakota, following a peaceful protest of the construction of the Dakota Access Pipeline. She was released from Morton County Jail hours after she was taken into custody, E! News reports.

    The Dakota Access Pipeline is a $3.7 billion project aimed at creating a 1,172-mile pipe spanning four states, transferring 470,000 gallons of crude oil per day into South Dakota, Iowa, and Illinois. In the process of constructing it, the company will destroy the sacred burial sites of the Standing Rock Sioux tribe of North Dakota.

    The Divergent star was charged with criminal trespass and “engaging in a riot during a protest at a construction site that involved about 300 people,” which are both misdemeanors and punishable by up to 30 days in jail along with a $1,500 fine, Morton County Sheriff’s Department spokesman Rob Keller told the Associated Press. Shailene captured her entire arrest on Facebook Live.

    According to CNN, Shailene posted a $500 bond and was released yesterday.

    Of the incident, Shailene’s publicist told E! News, “She appreciates the outpouring of support, not only for her, but more importantly, for the continued fight against the construction of the Dakota Access Pipeline.”

    About an hour before she was arrested, Shailene urged fans via Facebook Live to donate supplies to the Standing Rock Sioux tribe and their allies. The Red Warrior Camp’s address can be found here along with a list of supplies the protesters need.

  • Woman Suing Bail Bondsman Accused Of Raping Her

    Woman Suing Bail Bondsman Accused Of Raping Her

    A local woman is suing the Orange County bail bondsman accused of sexually assaulting her. The victim says bondsman Robert Burns threatened to revoke her bond, arrest her and take her to jail unless she had sex with him.

    The alleged victim announced the lawsuit late Monday morning. The suit, filed in Orange County, is not only against the accused bail bondsman; it also seeks damages from the bail bond agency that Robert Burns worked for.

    he victim’s attorney held a news conference to announce the suit against Burns and the Michael Snapp Bonding Agency. Her attorney says the agency should have paid closer attention to Burns’ communications with female clients in light of accusations of similar conduct in the past.

    The victim spoke to Eyewitness News, without revealing her identity, because she believes other potential victims might be out there and are too afraid to come forward.“Why would they do this to a woman? What do they have in their head to rape a woman? I mean … they got to be sick,” the victim said.Burns is facing criminal charges in the case.

    The sheriff’s office believes he lured the victim to his office and then told her husband to go get a car title for collateral or she would face arrest. While the woman’s husband was gone, Burns allegedly raped her.Burns is out on bond.

  • Yes, U.S. locks people up at a higher rate than any other country

    Yes, U.S. locks people up at a higher rate than any other country

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    “Many states can no longer afford to support public education, public benefits, public services without doing something about the exorbitant costs that mass incarceration have created.” — Bryan Stevenson

    Stevenson, the founder and executive director of the Equal Justice Initiative, eloquently points out the cost of America’s “prison industrial complex.”

    It’s a fact that America holds less than 5% of the global population but has almost 25% of the planet’s total prison population. Crime is at historic lows, but the number of people behind bars is higher than decades ago.

    How does America’s rate of incarceration stack up to nations with similar criminal justice systems such as the UK?

    One-hundred and two nations were ranked in the “2015 World Justice Project Rule of Law Index.” Measured are impartiality, due process, and individual rights as well as the effectiveness of the nation’s criminal investigation and corrections system. America ranked 23rd of 102 nations.

    The incarceration rate in America is different in other ways. Tapio Lappi-Seppala, the Institute of Criminology and Legal Policy‘s director found through research:

    • Victimization rates in America ranked roughly the same as Western European nations, yet the American rate of incarceration rate was significantly higher.
    • America ranked low among Organizations for Economic Cooperation, and Development nations in social service monies spent as a percentage of the GDP yet the country’s incarceration with the highest among similarly ranked nations.
    • The U.S. ranked midway in recorded homicide rates compared to over 100 nations, but still had the highest recorded incarceration rate from 2010 until 2013.
    • On the public punitive attitude scale, America ranked highest out of almost 30 countries — primarily in Europe. Comparative studies on punishment are growing, and there are theories why America is an anomaly.

    Books have been written about this arcane subject and most of the writing seems like undergraduate thesis work. But Las Vegas bail bonds agent Taylor Barton will plow on.

    While crime peaked in the 1960s and 1970s, the spike was not unique to America. What stands out was America’s response to getting tough on crime through legislation pushed by then New York Governor Nelson Rockefeller.

    While “get tough” policies continued into the next two decades, Americans have now seen the wastefulness of mandatory minimum sentencing, life sentences without parole and the three-strikes law.

    America’s citizens got worried when crime soared, and the crime issue topped voter concerns throughout the 1970s. A lack of political cohesiveness on the causes of violent crime increases and what to do boosted public interest.

    Another problem is the network of social services is not as developed in America compared to other nations. The U.S. relies more on incarceration for individuals who would have otherwise been sent to non-institutional care such as homeless shelters, mental health programs or substance abuse rehab centers.

    “The lack of development of government institutions has meant that the default is simply to lock individuals up,” says David Garland, a New York University sociology professor.

    The Bottom Line

    Even when adjusting for other factors, America locks up individuals at a higher rate than any other industrialized nation. The crime rate has decreased in the early years of the 21st century, but the incarceration rate remains the same. Some see those trends changing. Often individuals who would have been locked up in the 1970s are now being released and sent to diversion programs.

    2009 was the first year in three decades that saw prisons releasing more inmates than receiving.

    In 2013, the American Supreme Court ruled in Alleyne v U.S. that mandatory minimums, as then prescribed, were unconstitutional. Many attorneys litigated the issue in state courts with the result mandatory minimums found to be unconstitutional.

    What reasoning supports the draconian sentencing? Conservative Criminology advocates and any idiot who can’t tell constitutes the real cost of incarceration.

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