TRENDS AND CHALLENGES IN JUSTICE REFORM

Transcription

1 1 TRENDS AND CHALLENGES IN JUSTICE REFORM 14 TH ANNUAL JUVENILE LAW INSTITUTE January 20, 2012 Fernando Giraldo, Assistant Chief Probation Officer Santa Cruz County

2 System Reform: Trends.Flavor of the Month? 2 Opponents of System Reform: Lets just wait it out and the flavor will melt Santa Cruz Philosophy: System Improvement Initiatives and Reform become platforms from which we operate. Justice system must continue to innovate and improve.

3 System Improvement Initiatives/Reforms 3 Juvenile Detention Alternatives Initiative (JDAI) Reduce Disproportionate Minority Contact/Racial and Ethnic Disparities (Burns Institute) Beyond Detention- Reducing State Commitments/Out of Home Placements Evidence Based Practices (Assessments, CBT, MI) Our goal in Santa Cruz is to adhere to the principles and core strategies of each of these system change initiatives

4 Encouraging News: Contrary to popular perception juvenile crime is decreasing 4 Violent Crime Index* ( ) Violent Crime index decreased nearly 50% since 1994 Violent Crime Index decreased 10% from Source: OJJDP Statistical Briefing Book. Online. Available: (October 16, 2011).

5 Challenges: Conflicting Practices U.S. Detention Rate ( ) While overall juvenile crime rates have gone down by nearly 50%... Detention has only declined by 36% (1997 to 2006) In California, local jurisdictions have added 2,250 new detention beds since the late 1990 s Increasing overrepresentation of youth of color In 1985: 28% of youth detained nationwide were youth of color In 2010: 71 % of youth detained nationwide were youth of color Source: Sickmund, M., Sladky, T.J., Kang, W., and Puzzanchera, C. (2011) "Easy Access to the Census of Juveniles in Residential Placement." Online. Available:

6 National Data: Overrepresentation of Youth of Color in Public Detention Centers % 72% 57% 43% 72% 28% White Youth Minority Youth Detention of youth of color has increased since By 2006, more than 70% of detained youth nationwide were youth of color. Source: Census of Public and Private Juvenile Detention, Correctional and Shelter Facilities

7 One-Day Counts in Detention (2010) By Offense Category Technical & Status Violent Person 25% 25% 25% 75% 12% 10% 6% Other Person, Property, Drug, & Public Order 22% Violent Person Other Person Property Drug Public Order Technical & Status Violent Offenses include homicide, violent sexual assault, robbery and Ag. Assault. Other Person includes simple assault. Source: Sickmund, M., Sladky, T.J., Kang, W., & Puzzanchera, C. (2011). "Easy Access to the Census of Juveniles in Residential Placement." Available:

8 Why has Use of Detention Not 8 Dropped Dramatically? ¼ of youth detained were confined for breaking probation rules, rather than new violations In some facilities in California more than 50% of kids are in for violations Few jurisdictions have thoughtful policies or practices to hold youth accountable for violations w/out using detention Many youth languish in juvenile hall for weeks and months due to bottlenecks in case processing and placement delays

9 Japan Finland Sweden Italy France Germany Austrailia Scotland England & Wales Netherlan ds New Zealand South Africa USA Youth Incarceration Rates 350 Youth Incarceration Rates: USA vs. Other Nations (Per 100,000 in Youth Population) Source: Hazel, Neal, Cross-National Comparison of Youth Justice, London: Youth Justice Board (2008) as cited in The Annie E. Casey Foundation No Place for Kids (2011).

10 What s wrong with Incarceration? 10 Dangerous Violence, Abuse, Maltreatment Ineffective High recidivism rates, depresses futures success in education and employment Unnecessary Very few pose a significant risk to public safety Wasteful Lots of tax payer dollars devoted to facilities

11 11 JDAI Juvenile Detention Alternatives Initiative 8 Core Strategies: 1. Collaboration 2. Collection and utilization of data 3. Objective admissions screening 4. Alternatives to detention 5. Case Processing Reforms 6. Special Detentions 7. Racial and Ethnic Disparities 8. Conditions of confinement

12 JDAI in Santa Cruz-Quick Results 12 Santa Cruz embraced JDAI in 1997 and reduced its average detention population from 61 in January 1997 to just 35 in 2001 We also lowered the % of minority youth in detention from 64% in 97 to 54 Santa Cruz is not alone: JDAI now operates in 110 local jurisdictions in 27 states

13 Santa Cruz County Juvenile Hall Capacity 40 Average Daily Population ( ) Average Daily Population ( ) October 6, 2011 Daily Audit: 19 TOTAL 2 Direct Files 8 707(b) Offenses 0 SB 81 Court Commits 1 Pending Placement 11 Traditional Admissions Santa Cruz County becomes a JDAI Site BI Engagement (DMC-TAP Grant ) Proposition 21: District Attorney Direct Files SB 81: Realignment

14 There are Significantly Fewer Latinos in Custody

15 Keys to Success in Santa Cruz 15 Focus on Disparities and Culturally Appropriate Programming Risk Assessment Instrument Detention Alternatives Staff Engagement Focus efforts to get grants to enhance work

16 Focus on Racial and Ethnic Disparities (with Burns Institute) Deliberate work to reduce disparities at key decision points: Example: Gang involvement excluded from RAI Alternatives: Are they accessible? In the right neighborhoods? Can we speak the same language? Data: All data are reviewed by Race/Ethnicity and deliberation on data includes discussion of policy impacts on youth of color Staff Engagement in DMC/Reform Work

17 Burns Institute-Key questions about disparities Is there overrepresentation/disparities at key decision-making points? Who brings the youth to detention (referral source/agency)? Where are the youth from (geographically)? Why are the youth there? For what offenses are they detained? How was the decision to detain the youth made? How long do youth stay in detention? For each question: Do we note any differences by race/ethnicity?

18 Culturally Responsive Programming: Be Intentional Culturally Competent Programs: Program staff: Bilingual and bicultural staff Close community ties and life experiences that help them relate to youth Closer in age to the youth at the evening center Location: Watsonville (80%-90% of the probation caseloads are Latino) Probation Programs: Evening Center: Data demonstrated that a significant number of Latino youth were being remanded into custody for VOPs. The EC serves Latino youth in Watsonville, to reduce court remands. Azteca Soccer: Probation youth soccer team Provides a healthy pro social activity to support youth to be successful in their lives and keep from them re-offending. Coached by a Probation Officer

19 RAI: Risk Measured To ensure that youth appear in court while current charge is being adjudicated. 2. Minimize the risk of serious reoffending while current charges are being adjudicated.

20 Detention Alternatives Detention alternatives provide a means to supervise youth whose cases are pending in juvenile court-pre Adjudication Assures youth who do not require secure detention are supervised in the community without jeopardizing safety. Assure that youth make court appearance Juvenile continuums should also have alternatives for youth after adjudication. Need to have options other than detention as a sanction or out-of-placement

21 Staff Engagement 21 Data Review and Policy Recommendations: Each Unit Supervisor identifies and monitors key indicators of system health and racial and ethnic disparities; Staff dig deeper and ask probing questions about why system involvement increases or decreases; Staff recommend policy/practice solutions to address issues raised by reviewing the data. Example: Staff initiated and collaborated with BI to review how caseload decisions were made to ensure there were no racial/ethnic disparities. Example: Staff worked with BI to develop survey regarding probation violations; analyzed results; and based on the analysis, recommended, developed and helped train their peers on Probation Response Program. Training: Peer-to-Peer Training. Committee Work: All Staff were invited to join a core working group on reducing racial and ethnic disparities.

22 22 Review of Policy and Practice: Are Best Practices being used? Detention Utilization Objective Risk Assessment Instrument Weekly Roster Review Placement Planning Management approval for overrides Placement Decisions Collaborative Placement Screening Committee Probation Violations Structured Probation Response System Supervisor Approval for VOP Petition Management Approval for VOP Detention Rethinking Probation Conditions New work began July 2011 Alternatives to Detention Luna Evening Center Bench Warrants Releasable Bench Warrant Policy Transportation services to probationers Call notification program

23 Public Safety Successes in Santa Cruz: Youth in Alternatives to Detention do not Jeopardize Public Safety 23 From , 4180 youth have been released to an alternative to detention using the RAI. Of the 4180, 3923 (94%!) were successful in not committing a new offense or FTA ing.

24 Juvenile Crime has Dropped During Our JDAI Implementation 38% Decrease

25 Cost Savings Successes in Santa Cruz: Youth in Alternatives to Detention cost significantly less 25 Detention Alternatives cost 86% less per day than detention One Day Savings from : (one day detained vs. alternative comparison) Detention for 4180 youth: $1,040,820 Alternative for 4180 youth $127,580

26 Reductions in Institutional Care

27 Emerging Issue: Closure of CA Juvenile Division Facilities (DJF) 27 The population of DJF has declined 83% 9,772 (1996) to 1,400 (2010 ) The decline in youth incarceration coincides with the highest decline in youth crime rates ever recorded in California.

28 Context of Decline 1986 SB 681 Sliding scale cost. Minimum payment of $150 per month As severity of crime decreased, the monthly cost increased up to $2,600 per month This was an incentive for counties for find alternatives 2007 SB 81 This bill redefined placement options, allowing only the most serious (707B) offenders to be sent There were implications for counties with high commitment rates-they had to figure out how to house or serve them in the community locally Farrell v. Cate consent decree 2004 Resulting from abusive conditions, systemic mismanagement, and ineffectual services

29 Governor s Proposal to Shut Down DJJ In 2011 population is 1,100 Two possibilities Shift cost to counties at $125,000 per year Completely shut down DJJ by 2013 Implications Increase in Direct Files Local institutions not equipped to handle long terms commitments Huge impact on conditions of confinement

30 Debate among juvenile justice reformers Are counties really set up to do a better job than the state No standards, small budgets, do counties really want to spend money on this population Can we really stand to let the abuses at DJJ continueprison like facilities, daily violence and prominent gang subculture? Lowering DJJ population has not led to increase in crime Many worry that Direct File rates will continue increase What is your plan?

31 Brain Development and Legal 31 Culpability Many advances in brain research In adolescents frontal lobe is last part to develop Cognition, thoughts, impulse control, anticipation of consequences, planning-these areas that make people morally culpable Adolescent brain does not fully develop until early 20 s These discoveries support the assertion that adolescents are less morally culpable for their actions than competent adults

32 Brain Development and Law 32 Existence of juvenile court acknowledges the need for developmentally appropriate responses to the amenable nature of youth but Laws take a two pronged approach 1 set recognizes that youth are impressionable, immature, lacking in judgment-so they cant drink, drive, vote, etc. Another set of laws takes opposing view, defining maturity by gravity of offense-these laws propose that youth should receive adult like punishment