A Discussion, a Bill, a PROMISE

The third and final installment of the Greater Pittsburgh Chapter’s Juvenile Justice Discussion series was held Thursday, November 12th. Tonight’s topic: The Youth PROMISE Act.

The key to understanding the Youth PROMISE Act lies right in the title. First, let’s examine PROMISE:

Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education

That basically says it all. But we’ll examine it a little further to see how the program is expected to run.

This is bipartisan legislation that provides resources to at-risk communities throughout the country (“at-risk” being those localities with intense street gang activity or near areas of violent activity). The PROMISE Act encourages a proactive strategy of spending resources on evidence-based prevention and intervention measures, rather than on punishing youth through the juvenile and criminal justice systems.

Prevention will alleviate crimes and violent act occurrence throughout these communities, benefitting the community financially and leaving it with higher standards for the quality of life. It will help end the cycle of violence, keeping kids IN school and OUT of the criminal justice system.

The model organization of the Act was originally organized here in Pittsburgh. In 1994, Allegheny County established the Youth Crime Prevention Council in response to dramatic increases in juvenile crime. It assembled public and private agencies, grassroots organizations, and individuals concerned with the future of their community, but also the futures of youth without positive outlets in their lives.

Using a similar paradigm to that of the Allegheny County Council, the new legislation would allow communities to receive grants based on the prominence of gang-based activity in the area and the risk of such activity taking place. The programs focus on prevention, intervention, and community mobilization—where representatives from all areas of the community including law enforcement, schools, social services, health providers, and faith-based organizations form local Promise Coordinating Councils or PCCs.

The PCCs would then plan and implement proven prevention strategies, targeting programs toward youth who are at-risk, or already involved in gangs or the criminal justice system and redirect these individuals toward productive, law abiding alternatives.

Other than the social benefits of creating a less violent community and a more productive, well educated youth, the legislation will financially benefit communities and states. Prevention strategies are much less of a financial burden than funneling youth through law enforcement and social welfare systems.

Through the Youth PROMISE Act, we would begin to address the root problems underlying juvenile crime. By doing this, we would no longer rely on punishment, but early intervention and education to decrease crime and violent activity in our communities, helping end the cycle of violence.

Kristine in Pittsburgh

For more information regarding future Greater Pittsburgh Chapter discussion series, visit http://www.aclupa.org/chapters/greaterpittsburgh/discussionseries20092010.htm.

The School to Prison Pipeline? What’s That?

The second installment in the Greater Pittsburgh Chapter’s Juvenile Justice Series Discussion was the School to Prison Pipeline (STPP).

The School to Prison Pipeline refers to the policies and practices that push our nation’s schoolchildren, especially our most at-risk children, out of classrooms and into the juvenile and criminal justice system. The most important aspect is the prioritization of incarceration over education.

On October 8^th, Jasiri Xled the discussion at the Amani International Coffee House on the North Side. Jasiri X, an activist and entrepreneur, focuses his attention and celebrity on local, national, and international issues. Weekly, he reports news lyrically over hip hop beats streaming online. Jasiri X is also a founding member of One HOOD, a group comprised of strong black men determined to heal the wounds of the Pittsburgh community through a proactive approach.

The discussion evolved around the reasons why the STPP exists and how it effects the most at-risk youth.

Five main factors contributing to the STPP:

1) Failing Public Schools: Most students’ journeys along the pipeline begin in public schools with inadequate resources-mostly counseling services and special education services that lock students into poor educational environments with no outlets.

2) Zero-Tolerance and Other School Discipline: These polices automatically impose severe punishment regardless of circumstance. As harsh penalties for minor misbehavior become more pervasive, schools increasingly ignore or bypass due process protections for suspensions and expulsions.

3) Policing in School Hallways: Trends toward police acting as disciplinarians and away from teachers and administrators expose students to a rise in school-based arrests, which are the quickest route from the schoolhouse to the jailhouse. School-based arrests exemplify the most apparent exhibit of the criminalization of schoolchildren.

4) Disciplinary Alternative Schools: Many of these institutions are run by for-profit entrepreneurs, who are not accountable for educational standards. When students leave these facilities and reenter their schools, they are often unprepared for their coursework and permanently exposed to an educational disadvantage.

5) Court Involvement and Juvenile Detention: Many youth involved in the juvenile system are denied procedural protections in the courts. Further, their probation conditions are not fitting for the crimes committed. Violating such conditions forces these children into juvenile detention facilities, which provide little to no educational services.

It should be noted that students of color are far more likely to travel through the STPP than their white counterparts for the same conduct. Those with disabilities are also at higher risk because schools do not provide adequate diagnoses or services. Most students who become a part of the STPP never graduate high school.

Kristine in Pittsburgh

For more information regarding future Greater Pittsburgh Chapter discussion series, visit http://www.aclupa.org/chapters/greaterpittsburgh/discussionseries20092010.htm.

Juvenile (In)Justice

**Last wek the ACLU of Pennsylvania’s Greater Pittsburgh Chapter held the last in a series of discussions on juvenile justice. We will be posting a series of blogs sharing some of that information, and we encourage our blog readers to continue the discussion in the comments section.**

Meet Qu’eed Batts. Batts was a Blood street gang member in 2006 when he was arrested, tried as an adult, and convicted of committing murder when he was just 14.

Just over a month ago, the Pennsylvania Supreme Court granted review to Batts’ case on the juvenile life without parole (JLWOP) issue. At 17, he has been granted a petition to appeal, but his case won’t be seen until at least late 2010, when the US Supreme Court is expected to decide on two Florida JLWOP cases, which are where the PA Courts hope to find some guidance.

Batts’ case is just one of many juvenile cases that make juvenile justice one of the hottest topics in civil liberties, which is why the Greater Pittsburgh Chapter’s annual informal discussion sessions have made juvenile justice part of their series this year.

The series, which began September 10^th, featured facilitator Martha Connolly, an ACLU of PA Greater Pittsburgh board member and co-producer of the film Lost in the Hype.

Up for discussion: Juvenile ‘Lifers’. Pennsylvania has convicted more JLWOP than any other state in the US. Currently, PA host 444 prisoners who are serving life without parole for crimes they committed as juveniles. Of the 2,574 serving in 39 states throughout the US, 60% were first time offenders, according to a 2005 study by Human Rights Watch and Amnesty International.

Two of the main reasons PA disproportionately houses more JLWOP are:

1) A 1995 law that requires juveniles charged of serious crimes to bypass the juvenile courts and first be seen in adult courts. Reasoning being: “adult crimes deserve adult time”; however a growing body of medical research shows incomplete brain development, especially in the areas controlling impulse, planning, judgment, and foresight of consequences, in youth and young adults up to age 21.

2) Unlike other states, only the governor may grant clemency to anyone with the life without parole sentence, including children.

As for the public’s view, a February 2007 National Counsel on Crime and Delinquency study found that 89% of respondents believed rehabilitation services and treatment can prevent youth who have committed crimes from committing future crime.

This discussion had the misfortune to compete with the Steelers’ home opener, which in this city may be the biggest event of the year (and yes we are implying the date of the Steelers’ opener was more widely known here than the dates of the Pittsburgh G20 Summit) – so if you are a Pittsburgher who would have attended if the Steelers would have just rescheduled their game to accommodate our schedule, please feel free to participate in the discussion now!

Kristine in Pittsburgh

For more information regarding future Greater Pittsburgh Chapter discussion series, visit http://www.aclupa.org/chapters/greaterpittsburgh/discussionseries20092010.htm.

Alabama In the Middle?

This past weekend, about sixty people braved less-than-beautiful weather to rally for LGBT rights in Lancaster. One of them was ACLU of Pennsylvania Legislative Director Andy Hoover, a.k.a. "Andy in Harrisburg." See Andy's remarks (although not much of his face) below.



For more information about the ACLU's legislative efforts, go here.
For more about our work on LGBT civil rights, go here.
To contact your legislators about HB 300, go here.

And don't count central Pennsylvania out just yet!

Becca in Harrisburg

A quick note on blog maintenance

Our readers may notice that a few comments have been deleted, each leaving behind a little note, "This post has been removed by a blog administrator." Being that we're the ACLU, I wanted to clarify that the only comments we delete are spam - meaning they are clearly unrelated the conversation and posted solely to advertise other sites or products. Typically these comments say something like "Hey, great blog and very interesting" followed by two or more links to unrelated topics like "Best Elliptical Trainer" or "Online Casino" or something.

Any post that is not spam will be left unmodified. Those of us who work on Speaking Freely discussed this recently, and there was a unanimous agreement that free speech takes precedence. We will not delete or edit comments for being oppositional, wrong-headed, offensive, or tangential. If there's any doubt whether a post is spam or not, we'll leave it be. Rest assured that anything you see deleted was of no relevance or interest - unless you're in the market for herbal marital aids.

That is all.

Chris in Philly

Shocking Fact: Chain Emails Are Not Always True

You may be as shocked - shocked! - as I was to learn this: Some people say things about the ACLU that aren't true.

To wit, a chain email that first circulated years ago saying that the ACLU had filed suit to have all cross-shaped military headstones removed has apparently been revived, if the calls our offices have gotten inquiring about it are any indication.

Below is an excerpt from the national ACLU's Blog of Rights stating the facts about these allegations. Click here to read the entire post.

The ACLU and Religion: Don't Believe Everything You Read On the Internet

A malicious and factually inaccurate e-mail accusing the ACLU of not standing solidly on the side of religious liberty – an e-mail that was first circulated six years ago – has once again reared its ugly head and popped up in the e-mail inboxes of people across the country. In an effort to set the record straight, below are two myths the e-mail passes off as truth, followed by the facts which effectively debunk the e-mail’s claims.

MYTH: The ACLU has filed a lawsuit to have all cross-shaped headstones removed from federal cemeteries.

FACT: The ACLU has never once advocated for or initiated any litigation in favor of removing cross-shaped headstones from federal cemeteries. In fact, as the website Politifact.com makes clear, there are no cross-shaped headstones at VA national cemeteries. The headstones and markers the government issues are rectangular.

What the ACLU did do in 2006 was file a lawsuit seeking to protect the right of veterans and their families to choose religious symbols to engrave on headstones in federal cemeteries. The result of this litigation was not the forced removal of any crosses, but rather an expansion of the official government list of religious symbols allowed on headstones by the National Cemeteries Administration of the U.S. Department of Veterans Affairs to include the Wiccan pentacle.

Becca in Harrisburg

Sentenced to Hard Labor

The growing population of women in prisons and jails brings with it special challenges, particularly if the woman is pregnant. Like -- what happens when she goes into labor? Is she a flight risk? Is this the moment she’s been waiting for – an opportunity to escape? Can you imagine being in active labor and trying to outrun a prison guard?

This seems to be the thinking of many in the correctional system. In Pennsylvania and 39 other states, correctional officers are allowed to shackle pregnant inmates on the way to the hospital, as well as during labor and delivery. Officials justify this practice by saying they need to prevent inmates from escaping. However, there is no record anywhere of an escape attempt by a woman in labor. And guess what? Among states that have banned the practice, there have been no escape attempts.

In addition to being an unnecessary security precaution, shackling is known to be risky for the health of women and their unborn children. The use of physical restraints can severely restrict women’s ability to move and change positions during labor. More importantly, shackles can interfere with medical staff’s ability to provide appropriate care or act quickly in emergency situations. Organizations including the American College of Obstetricians and Gynecologists, the American Public Health Association, and the American Correctional Association support policies that ban or restrict the use of shackles and other restraints during labor and delivery.

Several states and the federal government have recognized the risks associated with shackling and have implemented new policies that restrict the use of these restraints. Texas, New York, New Mexico, Vermont, Illinois, and California have all passed legislation prohibiting the use of shackles on pregnant inmates, while the Federal Bureau of Prisons, U.S. Marshall Service, and the states of Florida, Wyoming, Washington, Rhode Island, and Connecticut have implemented administrative policies restricting the use of shackles and other restraints on pregnant inmates during labor and delivery.

Advocates in Pennsylvania are trying to push the state in this direction. State Senator Daylin Leach recently introduced the Health Birth for Incarcerated Women Act (Senate Bill 1074). It would ban the use of shackles during labor, delivery, and postpartum recovery except for in extreme circumstances. This bill would also require correctional facilities to keep written records and justification for the use of restraints. This legislation could also open the door to establishing more comprehensive health services for incarcerated women who are pregnant.

To learn more, listen to Senator Leach and Kathleen Creamer of Community Legal Services discuss the bill on the senator’s podcast or read the full text of the bill.

Jenny in Philadelphia

Protesters' Rights: The Song

It seems that a few people were moved enough by the protesters' rights palm cards we distributed in Pittsburgh during the G20 Summit to put them to music. Please feel free to send us any other creative renderings of our literature you might have - no reason to be boring when educating people about their rights!

"Out in the Silence" Airing Tonight on WPSU

Haven't seen Out in the Silence yet? If you live in the blue areas shown below, you have another chance tonight!



WPSU will be airing the film tonight at 9:00PM.

Go to http://wpsu.org/outinthesilence/airdates_index for announcements of future airdates on public television.

Is that the Hallelujah Chorus I hear?

Yes, folks, we finally have a budget. Earlier this month – 101 days after it was supposed to be finished – the legislature passed a budget for the fiscal year we are already three and a half months into.

Aside from many, many agencies, schools, and organizations breathing a sigh of relief, what this also means is that the legislature can now get back to working on other things, including important bills on LGBT discrimination, capital punishment, and sex education.

A few to watch:

• House Bill 300

If you follow Speaking Freely or get email updates from us, you know that we were working hard on this bill – which would ban discrimination in employment, housing, and public accommodations on the basis of sexual orientation or gender identity or expression – before the budget impasse. We’re ramping back up now that the legislature is back on track and we need YOU to help get this bill moving again!

Even if you’ve done it already, please take a moment to let your representatives in Harrisburg know that this is something that’s long past due in Pennsylvania. There’s something for you to do no matter how much spare time you have.

If you only have two minutes:
Email your representative. Please take a minute and a half of your two minutes to add a sentence or two to personalize the email – for example, you might briefly summarize the story of a loved one who this law will affect; mention that as a person of faith, you support treating all Pennsylvanians with dignity and respect; or state that as a business owner, this is important legislation for you as you work to recruit and diverse and competitive workforce.

If you have five minutes:
Give your representative’s office a call and say the same thing. You can find the number by using the ACLU’s Find Your Legislator tool. Making a call often augments your voice with lawmakers – it is louder both literally and figuratively! If you have never done this before, don’t worry. All you need to do is tell the staff member who answers your name and address, the bill number you are calling about (HB 300), that you’d like Representative X to support the bill, and why (the personal notes mentioned above or a fact or two from our talking points).

If you have fifteen minutes:
Think about business owners or religious leaders you know who may be willing to sign on as supporters of this bill. Write a brief email or take a few minutes to speak to them about the importance of this bill and let them know that they can help show the diversity of groups that support anti-discrimination legislation. Have them contact us at aclupa@aclupa.org for more information about how they can help.

If you have half an hour:
Write a letter to the editor of your local newspaper. LTEs educate members of your community and are another way of making your voice heard with decisionmakers. You can see examples here or use our talking points for more ideas.

If you have an hour:
Visit your legislator! This is the most important way to make your voice heard with your lawmaker. Meetings can be held in-district (near your home) or in Harrisburg. Call your legislator’s office to schedule a visit. If you have never done a legislator visit before, contact aclupa@aclupa.org for help.

• Senate Bill 1110

This bill calls for a moratorium on executions while a comprehensive study of capital punishment in Pennsylvania is conducted. The study would include analyses of the death penalty’s impact on victims’ families, the potential for executing an innocent person, and the economic, geographical, and racial disparities present in the current system.

In 2007 the American Bar Association concluded that there is overwhelming evidence that the state’s death penalty system is flawed and that we are at risk of executing an innocent person. Among the problems with the death penalty are:

wrongful conviction – The most common causes of wrongful conviction are eyewitness error, government misconduct by the police and/or prosecution, mishandled evidence or the use of unqualified scientific “experts,” unreliable testimony from jailhouse snitches in exchange for a reduction in their sentences, and false confessions resulting from torture, mental illness, or mental retardation.

racial disparities – 69% of Pennsylvania’s death row inmates are racial or ethnic minorities, the second-highest death row minority rate in the country, and black defendants are more likely to be sentenced to death than white defendants, especially if the victim is white.

costs – Contrary to popular belief, it costs more to execute a prisoner than to house him or her for life. A new study released this week by the Death Penalty Information Center investigates other criminal justice needs that could use the hundreds of millions of dollars spent on capital punishment, including the need for 200 more police officers in Philadelphia.

deterrence – The science is inconclusive at best on the deterrent effect of the death penalty. Meanwhile, a national survey of police chiefs from around the country found that police chiefs do not believe the death penalty significantly reduces the number of homicides.

For more information on the death penalty, go to www.deathpenaltyinfo.org or check out our previous blogs on the subject.

• House Bills 1162 and 1163

After years of declining rates of teen pregnancies and teens contracting sexual transmitted diseases, those numbers are again on the rise. Why? Because the epic failure of abstinence-only-until-marriage education has come home to roost. Studies have shown that students who get abstinence-only sex ed don’t delay sexual activity and are less likely to use contraception than students who get comprehensive, science-based sex education.

The impact on public health is without question. Teen births cost the commonwealth more than $300 million per year.

House Bill 1163 (The Healthy Youth Act) would require all public schools that teach HIV prevention – which is all public schools in the state (although the bar for what qualifies as teaching prevention is low, e.g. “don’t have sex”) – to also teach comprehensive sex ed.

House Bill 1162 (The Notice Home Act) would require all schools that teach abstinence-only sex ed to send a notice home to parents informing them of the school’s sex ed curricula.

To learn more about this issue, visit the Pennsylvanians for Responsible Sex Education website.

Becca and Andy in Harrisburg

Out in the Silence

This month the ACLU of PA has been working to bring "Out in the Silence," a film by Joe Wilson and Dean Hamer, to communities across the state. The film has won several awards (including the Audience Award at the Hardacre Film and Cinema Festival in the small town of Tipton, Iowa, and an Alternative Spirit Award at the Rhode Island International Film Festival), but having seen the film five times over the course of three weeks, I do not need to rely on these recommendations - I am somewhat of an expert myself.

By turns sad, funny, and infuriating, the film follows the lives of several current and former residents of Oil City, PA, a small Rust Belt town in western Pennsylvania. After Joe Wilson, a native of the town, decides to place an announcement of his wedding to Dean Hamer in his hometown newspaper, a flurry of nasty responses ensue. One day, however, he receives a letter from a mother in Oil City whose gay teen has been bullied so badly that she has had to withdraw him from school. Knowing of no other place to turn, she has resorted to writing to a man she just happened to see in the newspaper. Joe and Dean return to Oil City to document what is happening with this mother and her son (see page 16 of the ACLU's 2007 Legal Docket for information about the lawsuit they filed against the school district), as well as Joe's former neighbor and her same-sex partner who are working to open a business in town.

Among the films most notable points are the pain experienced by the teenage C.J., the conversations between filmmaker Joe and an evangelical pastor who wrote a letter to the newspaper condemning his wedding announcement, and the father of a teen in a neighboring community who talks about his transformation from someone who would physically assault gay people just for existing to his support of his son today.

If you have not had the opportunity to see "Out in the Silence" at our screenings in Lewisburg, York, Lititz, Harrisburg, or Titusville, you can watch it on WITF November 1, 2009, at 5:00 p.m. Upcoming showings are also planned for Pittsburgh, Erie, Sharon, Oil City, and Stroudsburg.

Want to bring "Out in the Silence" to your town? Contact the producers and your regional ACLU office for help!

Becca in Harrisburg