@hrw strongly opposes #SB10, CA bail reform bill, because it isn't bail reform. It replaces money bail with racially biased risk assessment and judges' discretion to lock people up with no chance of release. #StopSB10 @svdebug
#SB10 replaces money bail with risk assessment tools that embed and increase societal and law enforcement race and class bias while claiming to be "evidence based." hrw.org/news/2018/06/0… @hrw #STOPSB10 @hrw
Risk assessment tools used in #SB10 have adjustable scoring systems, so they can be used to put as many people as they want into the higher risk categories. Guess who will control the scoring of the tools? #STOPSB10 @essie4justice @hrw
The judges will control the risk assessment tools used in #SB10. They will have complete control over the scoring system. What could possibly go wrong? #FakeBailReform #STOPSB10 @LACANetwork @hrw
Judges use pretrial detention through money bail to pressure them to plead guilty quickly so they can get out, regardless of guilt or innocence. It's how they keep court calendars moving. It's part of the machinery of mass incarceration. #STOPSB10 @JustLeadersUSA @hrw
So #SB10 gives judges control over a tool they can adjust to lock up as many people as they want while appearing to be "evidence based." This is not bail reform. This substitutes one bad system for a worse one. #STOPSB10 @YouthJusticeLA @hrw
#SB10 even allows for jailing of low and moderate risk people through broad carve outs from the release provisions. And it gives local courts nearly unlimited power to make more carve outs to further decrease those eligible for release. #STOPSB10 @LACANetwork @hrw
It gets worse. #SB10 gives judges wide discretion to jail people waiting trial with no possibility of release-- preventive detention. The judge just have to say they don't think they can guarantee return to court or no re-arrest if they order release.
#STOPSB10 @CURBprisons @hrw
Preventive detention hearings have no due process-- prosecutor asks for it and judge decides based on prosecutor's argument, risk assessment, police report, whatever hearsay the judge wants. #FakeBailReform #STOPSB10 @svdebug @hrw
#SB10 is a power grab by judges and law enforcement. Probation and the judiciary get more funding, but pretrial incarceration rates won't go down. Big costs to taxpayers. #STOPSB10 @essie4justice @hrw
@hrw opposes money bail and does not agree with the parasitical bail bond industry. But #SB10 is as bad or worse. #STOPSB10 @CURBprisons
Real bail reform is possible. @LACANetwork, @hrw and our many allies are proposing a model of bail reform that lowers pretrial detention rates, has individualized hearings, addresses real public safety and doesn't use risk assessment tools. na01.safelinks.protection.outlook.com/?url=http%3A%2… #STOPSB10

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More from @JRaphling

28 Sep 20
This is for pre-arraignment release. Sec. 1320.13 allows review, but not for high risk. At arraignment, the risk assessment is a factor for the judge to consider in deciding release or detain (Sec. 1320.15)
Knowing judges, they will not be releasing people with high or even medium risk scores. Where RAs are already being used, judge override the scores in favor of detention.
And, the scoring system of RA tools are completely arbitrary. Whoever controls the tools (judges) can set them to rate as many people as high risk as they want.
Read 4 tweets
28 Sep 20
Sec. 1320.18 allows a prosecutor to request and a judge to impose "preventive detention" (held in jail pretrial with no way out) if the judge believes no release conditions will assure protection of the public or return to court.
That is a completely subjective standard. The judge just has to say that they don't think release will assure protection or return and they can simply order incarceration. Nothing stops them from doing this. Judges can always find some reason to justify.
In the past, judges have set high bail; now they don't even have to bother with bail. Sec. 1320.19 and 20 describe the hearings. Almost no due process protections. Almost unlimited judge discretion to impose preventive detention.
Read 9 tweets
17 Sep 20
4 yrs ago today Tulsa police officers killed Terence Crutcher, unarmed, not threatening, maybe in need of some help. Image
Terence left behind a loving family, including his twin sister @TiffanyCrutcher, and a large community of people, especially in North Tulsa. ktul.com/news/local/fam…
City officials promised justice and police reform, but have delivered neither. That fight for justice continues. newsweek.com/tulsa-police-k…
Read 6 tweets
2 Sep 20
Dijon Kizzee 8/31/20
Terron Jammal Boone 6/17/20
Andres Guardado 6/18/20
Michael Thomas 6/11/20
Jarrid Hurst 6/7/ 20
Robert Colvin 5/29/20
Robert Avitia 5/26/20

These are all people shot and killed by Los Angeles County Sheriff's Deputies since George Floyd was killed.
According LASD, deputies stopped Kizzee for a bicycle violation, he ran, hit an officer while trying to escape, dropped a gun (so, unarmed)—and they shot him. abc7.com/doorbell-video…
Deputy who killed Andres Guardado was reportedly trying to prove himself to a Sheriff’s Deputy gang out of Compton Station—The Executioners. spectrumnews1.com/ca/la-west/pub…
Read 5 tweets
19 Aug 20
We need to defund police and invest in communities to promote public safety. @hrw has just released a report recommending this divest/invest approach to reform. hrw.org/news/2020/08/1…
But @hrw report also says we need meaningful accountability mechanisms to deter police misconduct. We cite to data from departments across the US showing police investigating themselves and finding themselves blameless.
Our report on Tulsa revealed from 2012-17, TPD reported 3,364 acts of force, found only 2 “out of policy”, imposed no discipline for either. Not unusual for US police. hrw.org/sites/default/…
Read 8 tweets
13 Aug 20
“A Roadmap for Re-imagining Public Safety in the United States” @hrw paper on policing, recommendations for structural reform: Divest from policing, invest in communities, strengthen accountability hrw.org/news/2020/08/1…
This paper builds on @hrw 2019 case-study of policing in Tulsa, detailing connections between abusive policing, poverty and structural racism, recommending divestment from police/investment in community/accountability for harmful police hrw.org/sites/default/…
We must: 1) reduce role of police in addressing societal problems; 2) invest in communities to advance public safety/rights/well-being; 3) develop independent accountability mechanisms @hrw recs on policing hrw.org/news/2020/08/1…
Read 13 tweets

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