Category: Uncategorized

Statement: Another Death in Philly Jails

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The ongoing neglect by criminal justice partners to address the horrendous conditions  in Philly’s jails has resulted in the tragic death of Michael McKinnis. The Defender Association is still awaiting full information on the circumstances surrounding his death. For the second time in just ten days, we extend condolences to the family of another victim in the custody of the Philadelphia Department of Prisons.

 

“No guard was assigned to the unit where Mr. McKinnis was housed—an inexcusable but predictable outcome of the well-known guard shortage on State Road. The Defender Association has consistently proposed ways to safely reduce the jail population and ease pressure on the staff. We’ve repeatedly called for collaboration and dialogue to develop solutions to end this crisis.

 

“This crisis requires us to move as quickly and proactively as we did when COVID-19 was spreading through the jails. The time for city leaders to act is overdue. If this lack of urgency continues, more people are going to die in Philly’s jails.”

 

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Request Defender Services Online

Posted on by GJackson@philadefender.org

Reach out to us!

Our clients don't have to wait to reach out for help from the Defender Association! We offer services that you can request right here at PhillyDefenders.org:

Adult & Juvenile Criminal Record Expungements:

An expungement is an order that requires state and local criminal justice agencies to erase something from a record. We provide these services for our adult and youth clients. Click below to learn more about expungements.

 

ADULT RECORD EXPUNGEMENTS

 

JUVENILE RECORD EXPUNGEMENTS

 

Probation Termination

Defender clients can apply through our website to have their probation terminated.

 

PROBATION TERMINATION INFO & APPLICATION

 

Client Interviews

If you have an upcoming case and are represented by a Defender attorney, you can request an initial client interview

 

SCHEDULE AN INTERVIEW

 

Philly Justice System Tutorial

If you or a loved one have an open case, watch this series of videos that explains the process from arrest to sentencing

 

WATCH THE VIDEOS HERE

 

Statement on Closing of Philly Juvenile Assessment Center

Posted on by GJackson@philadefender.org

PHILADELPHIA–“The Defender Association of Philadelphia is deeply concerned about the proposed plan to permanently close the Juvenile Justice Assessment Center (JAC). This decision represents a significant step backwards in our collective efforts to implement trauma-informed policies for our youth.

 

“By reverting to older methods, we risk exposing children to the traumatic experiences that come with traditional arrest processes. They will be handcuffed and held in facilities that are not designed for them, in the same buildings with adult arrestees. This environment is not only inappropriate but also harmful, as their primary interactions will be with law enforcement officers rather than trained youth advocates.

 

“Closing the JAC means that young people will likely face repeated–and unacceptable–violations of the 6-hour rule, which states that juveniles must not be held in police custody for more than six hours without being charged or released. 

 

“The changes will impose additional training burdens on law enforcement, expecting them to fulfill roles outside their expertise. Creating an environment where families feel confident in accepting their child back home is crucial to preventing unnecessary stays in juvenile detention centers. Police officers, regardless of training, cannot replicate the expertise and approach of social workers dedicated to youth advocacy. They are ill-suited to handle the nuanced needs of young people and their families, including contacting family members, connecting them with community-based services, and ensuring safe transportation home from police stations. 

 

“Philadelphia’s law enforcement has historically struggled to ensure uniform and equitable implementation of diversionary policies. This history casts doubt on the effectiveness and fairness of the proposed changes.

 

“The Defender Association was part of the collaborative stakeholder team during the JAC planning process. However, we have not been included in discussions regarding decentralization, offense review processes, or the potential shift of community connections and resources to DHS-sponsored programs.

 

“We urge city officials to reconsider these changes. We must prioritize trauma-informed practices and the involvement of experienced social workers to truly support our youth and their families.”

 

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Policy Statement: Prison Population Reduction Post-Remick

Posted on by GJackson@philadefender.org

Introduction

District Court Judge Gerald A. McHugh’s ruling holding Philadelphia’s prisons in contempt for for the City’s inability to provide a safe, secure, and civilized environment for our incarcerated citizens is completely justified. However, it’s a grim reminder that the Philadelphia Department of Prison’s (PDP), currently understaffed by 800 Correctional Officers, cannot ensure the safety of our citizens awaiting trial or serving sentences.

 

PDP is required to receive and hold people who have been remanded to their custody by the courts, whether they’re awaiting trial, being held on detainers for minor infractions, or serving a sentence. It is incredibly naive to think that the PDP will hire 800 corrections officers any time soon. Therefore, it is crucial that other system stakeholders, including the First Judicial District (FJD), the Department of Probation, and the District Attorney’s Office (DAO) work with us to address this humanitarian crisis.

Defender Association's Policy Recommendations

As stakeholders, we must commit to reducing the jail population. We recommend strategies to decrease reliance on county incarceration for public safety, starting with reducing or eliminating ‘short-term’ admissions to county jail. These brief stays do not improve public safety and may even decrease it by destabilizing individuals and their families. 

 

By addressing the following policies, we can reduce these admissions and decrease the jail population and strain on prisons without compromising public safety [click the + to view each recommendation]: 

 

This practice subverts due process by using an unattainably high bail amount as a proxy for holding without bail. Overusing the $1 million bail recommendation diminishes its meaning, forcing bail commissioners to make detention or release decisions without a meaningful DAO recommendation. Unable to rely on this signal, commissioners set higher bail amounts, delaying the actual decision and leading to detention until a judge reviews the bail. Many people at PDP are held initially because they cannot pay bail, often released within 14 days when bail is lowered or funds are raised. This process causes unnecessary detention, discrimination against the poor, family and community destabilization, and an overburdened prison system.

The City presented evidence that in May 2024, 49 people were admitted to jail and released the same day another 114 were released within 24 hours; 138 within two to four days; and 234 within five to fourteen days. These numbers demonstrate that these individuals are making bail quickly, resulting in unnecessary strain on the jail's limited staff and clogging the  jail admission system. The first five days in jail are the most expensive ones for the jail’s medical and other systems and research demonstrates that even periods of detention of 3 days are correlated with increased short and long term rates of re-arrest.

There are currently over 100 people sitting in jail because of a technical violation. 

Empowering bail commissioners to impose non-financial conditions of release, such as house arrest or GPS monitoring, at preliminary arraignment can prevent unnecessary detention. Although use of these tools raise other concerns, earlier access can streamline reviews and reduce detention. Currently, such conditions cannot be set until a judge reviews the initial bail. Providing these alternatives before jailing the arrestee will decrease the jail population and reduce the use of prison resources.

Many of those incarcerated people  65 or older pose no threat to public safety. They can–and should–be released safely. 

Incarcerating drug-addicted people poses significant risks to their health and safety. Providing access to these programs is crucial to reducing their incarceration. The lack of proper treatment, access to medications, and support for withdrawal symptoms and other medical issues related to substance use can lead to severe complications and death. Investment in comprehensive, community-oriented programs will ultimately reduce the cycle of addiction and incarceration.

 

Download a printable version of the policy here

 

A Shift in Mindset

Overlooking the Philly jails, an electronic billboard on I-95 advertising Eastern State Penitentiary flashes the message: “Old Prison/New Ideas.” We need to embody the spirit of this slogan if we’re going to make these and other needed changes. We also need to understand that these changes will  require a significant investment of time and resources beyond what city funds and the PDP alone can accomplish. Meaningful and lasting reform also requires a shift in mindset by other system stakeholders. We can’t continue to behave as if this is solely PDP’s crisis to solve. We need cooperation from every judicial system stakeholder to ensure we’re protecting public safety while keeping many of our citizens from ever hitting the admissions door of the jail. 

 

We need to recognize the humanity of incarcerated people, and stop treating incarcerated people like “units” to be locked away indefinitely. These are men and women with families and communities that they will eventually return to. We should ask ourselves, how will what they experience behind prison walls impact the kind of citizens they are when they go home? We must also remember that the horrible conditions in the jails don’t just impact the incarcerated. Every day that conditions don’t improve is another day of needless health and safety risks for prison employees, most of whom are Black and Brown Philadelphians. 

 

As we did during the COVID-19 emergency, the Defender Association is again ready to collaborate with our fellow stakeholders to come up with bold and creative solutions that protect the rights and lives of those in our city's custody.

 

Download a printable version of the policy here

Defender Association Supports ACLU-PA’s Indigent Defense Lawsuit

Posted on by GJackson@philadefender.org

PHILADELPHIA–The Defender Association of Philadelphia supports ACLU-PA’s lawsuit against Pennsylvania for inadequate state funding for indigent defense. In Gideon v Wainwright, the Supreme Court ruled that every individual is entitled to legal counsel in court, regardless of ability to pay. But many public defender offices are so underfunded that they can’t provide proper legal representation. This isn’t just about money—it’s about justice and ensuring that everyone, regardless of their financial situation, gets the constitutionally required effective representation.

 

We appreciate Governor Josh Shapiro’s leadership in adding a $7.5 million line item for public defense in the state budget. It’s a positive step, but public defender offices still rely almost entirely on county funding. This creates a system where the quality of defense varies widely depending on where you live, leading to unequal justice.

 

Underfunded public defender offices struggle with overwhelming caseloads and insufficient resources, making it nearly impossible to meet the constitutional mandate for effective counsel. This not only harms those accused of crimes but also erodes trust in our justice system. ACLU-PA’s lawsuit aims to change this by pushing for statewide reform and adequate funding for all public defender offices.

 

We urge Pennsylvania to act now and ensure that every public defender office in the Commonwealth has the resources needed to provide effective representation. We need a justice system that works for every Pennsylvania citizen.

 

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2024 Father’s Day Bailout

Posted on by GJackson@philadefender.org

This Father's Day, the Defender is working with Frontline Dads to bring home as many Father's as possible!

 

If your loved one's bail is under $50,000 and they have NO other detainers, they may qualify to be freed through the Father's Day Bailout program!

 

To apply for the Father's Day Bailout, please fill out the form below:

 

Peer Advocate Request Form

Posted on by GJackson@philadefender.org

Defender Association's Peer Advocates are "veterans" of Philadelphia's dependency system.

 

They work alongside attorneys to help young clients navigate often complex systems to help them access housing, education and other critical services they'll need as they transition out of the dependency system and into adulthood. 

 

Watch the video below to hear from our Peer Advocates about the services they provide for our young clients.  Then, click here if you want a Peer Advocate assigned to your case.

Would you like a peer advocate assigned to your case? Click the button below to fill out a quick Peer Advocate request form.

 

Fill out the request form

A Better Plan for Kensington

Posted on by GJackson@philadefender.org

The Defender Association fully realizes that immediate action is needed to address the conditions in Kensington. But the City’s May 8 “sweep” of homeless people signals a return to draconian and ineffective crime and drug policies. We are also troubled by the lack of communication we have received from the city in advance of these actions. This information vacuum is particularly concerning as it potentially compromises our ability to serve our clients.

 

Read our full statement here. 

 

Click on any of the menu items below to learn more about the Defender's perspectives on what's really needed in Kensington:

 

Because we are responsible for legal representation and mitigation on behalf of these community members, we have been able to gain unique insight into their needs. For example, we know that:

 

Approximately 18% of our clients each year call Kensington Home.

 

Between 2017 and 2022, our office represented 11,803 adults who lived in the neighborhood.

 

The majority–53%—of our Kensington clients are White-Hispanic; 36% are Black Non-Hispanic; and only 11% of our clients in the district were White non-Hispanic.

 

They are more likely to have been involved in the child welfare system and more likely to be arrested multiple times in the five-year period than peers who reside in other districts;

 

18% of District 7 cases involve an arrestee with a child welfare history; and

 

Slightly over half of all arrests made in District 7 are people who have been arrested at least once before in the last five years.

 

Many obstacles to improving safety and quality of life are largely systemic. Our clients who reside in and near Kensington have experienced years of disinvestment and institutional discrimination. 

    Relying on the criminal legal system to solve a public health crisis doesn’t work–the same strategy has been tried–and failed–before;

     

    The “jail vs. treatment” strategy is an ineffective one, with more unintended harms than derived benefits; 

     

    There is a question as to whether we even have enough treatment beds

     

    The “sweep” threatens to overwhelm the court and jail system, not to mention stretching the caseloads of public defenders

     

    This tactic will likely shift the current problems to surrounding neighborhoods that aren't’ receiving the same level of attention and focus

    Our direct experience demonstrates that we, as a city, and an office, need to do more to serve our clients who reside in and around Kensington. The Defender Association Supports:

     

    Voluntary treatment programming;

     

    Investments in affordable housing;

     

    Pathways to employment post-recovery

     

    We are working to prioritize maintaining the integrity of Black and Brown families; 

     

    We’re building our capacity to use a place-based response system to trigger social service referrals for people who:

     

      • have multiple arrests in a one-year period, or 

     

      • reside in and around Kensington and other neighborhoods with high levels of community violence.

     

    The Defender currently staffs all the child welfare courtrooms and continues to advocate on behalf of young people seeking return to their families;

     

    We’ve established a Youth Advisory Panel;

     

    Our Junior Defender program provides 10 young people with a summer internship opportunity and next year we will prioritize slots for our previously dependent clients.

     

    We’re working to secure additional funding to: 

     

      • provide young people involved with the dependency systems opportunities to serve as peer mentors for our current child clients; 

     

      • provide every young person we represent with an individual social worker; and

     

      • provide housing navigators and educational attorneys for our youthful clients exiting placement or aging out of the foster care system

    We’re continuing to explore strategies to safely reduce the prison population

     

    Our office is working to embed trauma-centered lawyering to our practice and partnering with community organizations to serve our clients with substance use disorders and trauma histories

     

    We are currently pursuing grant funding to: 

     

      • expedite substance abuse and mental health evaluation for our incarcerated clients who often experience unnecessary delays in evaluations; and 

     

      • to embed re-entry navigators for our clients pending release on supervision from the county jail.

    2024 Junior Defender Internships

    Posted on by GJackson@philadefender.org

    Are you (or do you know)  a high school student who will be 18 before June 10, 2024? Do you want to learn about our criminal legal system while getting PAID? Apply to our Junior Defender Internship Program!

     

    Junior Defenders will learn about our justice system through workshops; observing Philly’s courts in action; taking field trips and more. Click here to learn more about Junior Defenders. Watch the video below to hear from last year’s interns!

     

     

    There are TWO internship sessions: June 10 – July 19, 2024; and July 22 – August 30, 2024.

     

    Interested? Use the online form to apply TODAY for this internship opportunity! Application Deadline is Tuesday, April 30!
    Questions? Contact Tamira McCurdy: tmccurdy@philadefender.org

     

    April is 2nd Chance Month!

    Posted on by 2010admin

    April is 2nd chance month, and at the Defender, giving our clients a second chance at a better future is a year-long mission! In addition to providing high-quality legal representation in the courtroom, we offer opportunities and information on criminal record expungements and probation terminations. 

    Adult Criminal Record Expungements

    Expungement request are the primary request from our Philadelphia community. At every community event we attend we offer one-on-one expungement clinics with our staff attorneys. In 2019 alone, we filed 405 new expungement petitions and saw 438 of our petitions granted by the courts.

     

    An expungement is an order that requires state and local criminal justice agencies to erase something from a record. We offer our clients the opportunity to apply for criminal record expungements using via our website. Defender attorneys also do in-person expungement applications at public events like Defender Days, criminal justice workshops, block parties and more.

     

    LEARN MORE ABOUT ADULT CRIMINAL RECORD EXPUNGEMENTS

    Juvenile Record Expungements

    Expungement request are the primary request from our Philadelphia community. At every community event we attend we offer one-on-one expungement clinics with our staff attorneys. In 2019 alone, we filed 405 new expungement petitions and saw 438 of our petitions granted by the courts.

     

    An expungement order directs the court to treat the criminal conviction as if it had never occurred, removing it from a person’s public record. These court orders are not automatic – a petition must be filed to start the process. The Defender Association files these petitions for our clients.

     

    LEARN MORE ABOUT JUVENILE EXPUNGEMENTS

     

    Probation Termination

    The Defender offers probation termination services for clients. To be eligible, clients MUST BE COMPLIANT with their probation conditions, including reporting to their probation officer, attending mandated treatment appointments and paying fines and fees (if able).

     

    APPLY FOR PROBATION TERMINATION HERE

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