MEMORANDUM OF UNDERSTANDING REGARDING MONTGOMERY COUNTY RJIP S YOUTH AID PANEL PILOT DIVERSION PROGRAM

Transcription

1 MEMORANDUM OF UNDERSTANDING REGARDING MONTGOMERY COUNTY RJIP S YOUTH AID PANEL PILOT DIVERSION PROGRAM This Memorandum of Understanding is entered into effective August 25, 2014 between the Montgomery County District Attorney s Office and the Montgomery County Racial Justice Improvement Project Task Force (RJIP). The parties to this Memorandum understand that the specific racial disparity identified by the Montgomery County RJIP is the overrepresentation and Disproportionate Minority Contact of black juveniles at the arrest stage. The parties to this Memorandum recognize that the purposes of diversion are efficient and appropriate use of community and criminal justice resources, mitigation of the lasting collateral consequences of conviction, rehabilitation of the accused, justice and proportionality in the individual case, and public safety. The parties to this Memorandum agree that the racial disparity with regard to black juveniles can be effectively addressed through a combination of the Youth Aid Panel diversionary program, training/education for law enforcement, in addition to partnership and collaboration with the Montgomery County District Attorney s office. The parties to this Memorandum agree that policy changes to YAP eligibility criteria, case management services, and an objective referral process will help divert more minority juveniles into YAP and consequently lower DMC arrest data. The parties to this Memorandum agree to implement a pilot program which allows a maximum of 30 black juveniles who reside in the zip code accused of retail theft in Upper Merion Township to be offered the YAP (under the attached expanded eligibility criteria) as an alternative adjudication program. NOW THEREFORE, the parties hereby enter into this agreement, incorporating by reference the above recitals, to wit: Members of the Montgomery County Racial Justice Improvement Project s (RJIP) Task Force are The Honorable William Furber, President Judge, Montgomery County Common Pleas; Mike Kehs, Montgomery County Court Administrator; The Honorable Christopher Cerski, Magisterial District Judge; Sharon Giamporcaro, Deputy District Attorney, Juvenile Division; The Honorable Keir Bradford-Grey, Chief Public Defender; Chief Thomas Nolan, Upper Merion Police Department; Kelly Brown, Director of Prevention Services, Family Services; Steve Custer, Chief Juvenile Probation officer; Thomas Haney, Youth Aid Panel Administrator; Angela bell, Esquire, RJIP Task Force Facilitator 8/2014

2 MONTGOMERY COUNTY YOUTH AID PANEL PROGRAM CRITERIA FOR ELIGIBILITY 1. Juvenile: A. The juvenile s age was ten (10) to seventeen (17) years old at the time of the alleged incident. B. There is no pending delinquency petition. C. The juvenile is not currently on probation. D. A juvenile may be referred to the panel despite a prior or pending dependency matter, such as truancy or an ungovernable case. E. A juvenile may be referred to the panel for a summary offense, despite a prior adjudication of delinquency on a misdemeanor offense. F. A juvenile may be referred to the panel despite up to two (2) prior summary offenses/citations (discretionary with the referring officer). G. It is permissible to make a panel referral if a juvenile resides in another county, provided the offense occurred in Montgomery County. 2. Eligible Offenses: A. All summary offenses, except traffic offenses. B. Violation of the Drug Act (VODA): 1. Possession of a small amount of marijuana, Title 35 Pa. P.S (a)(31), if less than 30 grams and less than 5 bags; 2. Possession of paraphernalia, Title 35 P.S (a)(32), if for personal use; 3. Receipt in Commerce (marijuana only), Title 35 P.S (a)(19), if less than 30 grams received.

3 C. All misdemeanor offenses except the following: 1. All sexual offenses; 2. Any weapons offense; 3. Any offense involving the threat of violence; 4. Ethnic Intimidation/Violence; 5. Recklessly endangering another person, Title 18 P.S. 2705; 6. Stalking, Title 18 P.S ; 7. Cruelty to animals, Title 18 P.S. 5511; 8. Identity theft, Title 18 P.S. 4120; 9. Propulsion of a missile; 10. Assault, except simple assault by mutual combat. Any referrals for Youth Aid Panel consideration that fall outside of the above guidelines require prior consultation and approval of the Chief of the Juvenile Division of the Montgomery County District Attorney s Office.

4 8/2014 The policy amendments will be implemented as follows: Step #1: On July 22, 2014, the District Attorney amended the YAP eligibility criteria to include offenders previously convicted of two summary offenses, adjudicated delinquent for a misdemeanor offense, or subject to a pending dependency petition. Step #2: Upper Merion Police Department directs all officers to refer all juvenile offenders who live in zip code to YAP that meet the eligibility criteria. Upper Merion Police Department will refer to YAP minority juveniles accused of summary retail theft. Step #3: Family Services will develop an evaluation tool for use by YAP when deciding whether case management will be ordered. Step #4: The Norristown YAP will be trained concerning the use of case management services. The Norristown YAP will accept a maximum of 30 juveniles accused of retail theft from the Upper Merion Police Department. The Norristown YAP will order half the juveniles to complete YAP with case management and half the juveniles to complete YAP without case management. This will be achieved by alternating every other arrest in the pilot program. Step #5: The non-case management juveniles will complete YAP under traditional circumstances. The case management juveniles will be contacted by Family Services and assisted throughout the YAP restorative process. Step #6: At the YAP follow-up meeting, the panel will determine if the juvenile successfully completed the program. Step #7A: If the juvenile successfully completes the program, then no arrest will occur or initiation of court process. The Public Defender s Office will assist the juvenile in expunging any pre-arrest records retained by the Upper Merion Police Department. Step #7B: If the juvenile fails to complete YAP, then Upper Merion Police Department will formally charge the juvenile and initiate court proceedings. Step #8: Post Program Research (a) Committee will evaluate the effect of the eligibility criteria on DMC countywide. (b) Committee will evaluate the effect of case management versus no case management on YAP completion and DMC. (c) Committee will evaluate the effect of the Upper Merion Police Department referral policy change versus other county police departments and any correlation to DMC. (d) Committee will evaluate success rates of the YAP participants with priors and how the statistics correlate to DMC. (e) Committee will evaluate recidivism rates of the 30 juvenile retail theft offenders referred to YAP for a period of two years. The RJIP task force in conjunction with the ABA will continue to seek additional funding to support this program.

5 8/2014 THIS DONE AND SIGNED ON THE DAY AND YEAR FIRST SET FORTH ABOVE. Judge William Furber, Chief Judge Montgomery County Common Pleas Court Risa Ferman Montgomery County District Attorney Judge Christopher Cerski Magisterial District Judge Mike Kehs Montgomery County Court Administrator Sharon Giamporcaro Deputy District Attorney Juvenile Division Keir Bradford-Grey Chief Public Defender Chief Thomas Nolan Upper Merion Police Department Steve Custer Chief Juvenile probation officer Kelly Brown Family Services Thomas Haney Youth Aid Panel Administrator Angela Bell RJIP Task Force Facilitator

6 8/2014