Marion County Juvenile Department Overview

Transcription

1 Marion County Juvenile Department Overview Reviewed action Youth Arrest/ Referral Petition Filed Diversion or Informal Disposition Formal Accountability Agreement Dismisses/t guilty Key Disposition of Petition Action/Event Decision Activity Paperwork or Document Completion Acronyms: MCJD or JD=Juvenile Department PO = Probation Officer JCP = Juvenile Crime Prevention Assessment JPSRB = Juvenile Psychiatric Security Review Board CFH = Children s Farm Home OSH= Oregon State Hospital FAA = Formal Accountability Agreement County Probation Commitment to OYA for Residential Placement Commitment to OYA for Youth Correctional Facility 1 - Overview

2 Police Report on Active Case Marion County Juvenile Department Referral Processing Youth Arrest/ Referral Police Officer Options for youth Cite & Release Deliver Home Deliver to Relatives Deliver to Detention Deliver to Detention Detention Options: Released own recognizance Released to relative Temp Custody to Shelter Care Release to home Admitted n-admit Assessment w/ Intake PO (go to probation officer decision diamond) IPO Close Case DA Review Merit Questionable Merit - Merit Intake Unit Referral Review Police Reports JD Routes referral Youth with open cases and inactive or new cases Detention Hearing Admitted Assigned a probation officer Youth Released to: Home Shelter Relative GAP Case Closure Successful Diversion or Action Probation Officer Determination Due to seriousness of the offense or FAA failure, formal court proceedings are required District Attorney files a petition Unsuccessful Schedule Intake Interview Case Closure Successful Enter a Formal Accountability Agreement Unsuccessful Preliminary Hearing Petition Dismissed and Case Closure Found innocent Adjudication Hearing Settlement Settlement Conference Settled Admission OYA Residential Placement Found guilty Dispositional Hearing Residential Treatment only available through OYA OYA Youth Correction al Facility Closure of Case Formal Jurisdiction and/or Probation and Supervision 2 - Referral Processing

3 Marion County Juvenile Department Offense and Risk Based Referral Processing Status offense Peer Court where available Close MIP/Alcohol, PCS < ou. Marijuana Age Age 12 or younger Remain with JD or refer to Peer court Referral to services: FSP, Child Welfare, Mental health, etc. Age Juvenile Department Age 9-11 Close Youth Arrest/ Referral Misdemeanor JCP Risk Assessment completed Medium to High Risk Age 12 or younger Age 12 JD assesses and may close Low risk and no or minimal restitution Low risk and substantial restitution Close, Divert or Peer Court Remain with JD Referral to Family Support Program (FSP) Decline services Age 9-11 Meet criteria but decline Age 12 Close JD assesses and may close Meet criteria and agree to services FSP services Felony Age Remain with JD Age 11 or younger JD assesses, involves child welfare, mental health Options for service FSP at MCJD Child Welfare, mental health, etc 3 - Referral services

4 For 15,16,17 who are charged but not in custody, warrant issued. Marion County Juvenile Department Measure 11 Offense Process Flow 15, 16, 17 year old in Detention custody MEASURE 11 CRIMES Murder Manslaughter 2 Sodomy 1 Arson 1* Attempted Murder Kidnapping 1 Sodomy 2 Compelling Prostitution Conspiracy to Commit Murder Kidnapping 2 Rape 1 Using a Child in a Aggravated Murder Assault 1 Rape 2 Display of Sexually Att Aggrvated Murder Assault 2 Sex Abuse 1 Explicit Conduct Consp to Commit Agg Murder Robbery 1 Sex Penetration 1 Manslaughter 1 Robbery 2 Sex Penetration 2 DDA review and determine if Measure 11 charge is appropriate DA office will: tify Detention File information and any concurrent juvenile petition tify victims Initial Hearing on Measure 11 Charge M11 Release granted? DA office will notify Detention, and Youth's home county DA office Jury trial will occur at Circuit Court. Youth will remain in custody until the trial and juvenile petition unless youth turns 18 prior to disposition, transfer to MC Jail Juvenile Department: Contact any currently assigned attorney Inform DA of any particular circumstances PO responsible to notify victims PO Appear with youth to address active warrant or other juvenile matters Circuit Court conviction on Adult crime? Circuit Court proceeding will continue through sentencing phase. Option 2 Option 1 Found not guilty Detention releases youth and property Unless otherwise agreed upon by the Juvenile Director and Sheriff or their designees, youth remain in detention until sentencing or bail is posted. The juvenile director is contacted if a youth has significant issues that would warrant movement to the jail. The elected DA can request from the juvenile director that a youth be moved. When decided that a 16 or 17 year old is moving to the jail, the Detention OD coordinates with the Sheriff s office to determine movement. Sheriff s Office transports. Jurisdiction is taken on a non-measure 11 crime, which would transfer jurisdiction back to the Juv. court, DA will notify juvenile DDA. Juvenile DDA will: Set dispositional hearing tify detention to void the release agreement if one is on file PO Assigned Assigned PO: escort to/from detention and prepare detention disposition form manage juvenile petitions running concurrently screens and adds/removes visitors per dept policy Adult Parole & Probation Release Officer or designee will: Meet with youth to complete release agreement Confirm security wavier payment, if required Inform youth of hearing date set tify Juvenile PO, if there is one Forward a copy of the release agreement to detention & juvenile DA Conditional Release granted? Assigned PO manage juvenile petition and community supervision In event of new juvenile matters Detention will notify release officer of youth brought into detention in violation of release agreement and intake. Assigned PO will ask for a detention custody hearing on the juvenile petition 4 - Measure 11

5 Marion County Juvenile Department FAA with petition held in abeyance Petition filed Adjudicate Petition FAA Consult with DDA prior to consulting with youth s attorney Before prelim/ Settlement conference (SC) court hearing FAA is considered During a SC. court hearing DDA & youth s attorney discuss options FAA Adjudicate Petition FAA Is petition a misd or felony? Youth admits to petition and admission is held in abeyance FAA Dismissal of MIP/ PCS violation and DDA will not refile FAA is entered by youth, dept PO, attorney and D.A. Set hearing, notify parties, accept admission, take jurisdiction and enter dispositional order using the date of admission FAA is successful PO request a motion to dismiss petition at the time of the FAA closure 5 - FAA petition in abeyance

6 Youth referred on a detainable offense and assigned to FPO Marion County Juvenile Department Aid and Assist (370 Evaluation) Process for youth with mental disease or defect considerations Standard Adjudication and Probation Significant concern of mental disease or defect? Defense requests aid & assist evaluation (370 eval) Court decides where evaluation takes place Simulatenously Community Defense provides notification of intent to use Responsibility Except for Insanity (REI) defense Court finds jurisdiction and commits to JPSRB and DA/Atty completed juris &dispo court order Court determines placement Secure custody PO prepares conditional release DA prepares stipulated facts trial Community Call Children s Farm Home (CFH) (Under 18) or OR State Hospital (OSH) (over 18) to arrange intake PO has a copy of the signed court order and transports under 18 youth to CFH or over 18 youth (who remain in the juvenile system) to OSH Parents must meet with the CFH prior to placement Mental disease or defect? DA dismisses petition Standard Adjudication and Probation PO assist family in accessing services and close the case PO fingerprints/photos youth and transports to secure setting New attorney, skilled in JPSRB, appointed for youth and State Atty General represents the state PO prepares conditional release and court order Evaluation completed within 90 days for a detained youth Youth able to aid and assist A written report by the facility is submitted to the court every 180 days With continued treatment gain ability to assist? Youth to CFH if under 18 and OSH if over 18 (Cond Rel is possible if community services are available & community safety is protected) JPSRB request documents identifying mental health, social and criminal issues JPSRB hearing within 90 days and annually thereafter. PO may be requested at the hearing 6 - Aid and Assist

7 Marion County Juvenile Department Rapid Outpatient Assessment Response for Detention Youth Youth with presenting mental health issues enters detention Immediate need for mental health assessment? YES CAPS works with the PO to develop a plan to assess youth Twice per week, Juvenile faxes a list of Detention youth to Community and Provider Services (CAPS) office and within 1 business day, CAPS returns the list with information about mental health services availability or providers QMHP shares mental health recommendation with Juvenile Department and family. NO Juvenile Department obtains consent from the legal guardian for the QMHP and requests the family attend the mental health assessment. QMHP schedules mental health assessment to occur within 2 business days. CAPS provides case management assistance to link youth and family with appropriate provider and level of care. CAPS and MVBCH work together to connect OHP youth to IDS provide and promote rapid access to their providers. Ongoing care and youth/family participation in community or residential resources Does youth have Integrated Delivery System (IDS) provider? NO YES PO assists family identify medical/mental health options available IDS provider is notified (IDS) provider will offer limited services such consultation or minor case management. Additional services such as counseling and med management will be at the discretion of the IDS provider while the youth is in detention (IDS) provider may resume services with youth after release 7 - Rapid assessment

8 Marion County Juvenile Justice: 2014 Disposed* Criminal Referrals 2013 Marion Youth Population Estimate for Ages 10-17: 36,747 JUVENILE DEPARTMENT DISPOSED CRIMINAL REFERRALS** Referrals 1520 Unique Youth 1014 REVIEW & CLOSED 30% Dispositions 456 Unique youth 442 DIVERSION/INFORMAL 30% Dispositions 463 Unique youth 454 PETITIONED/ADJUDICATION 35% Marion County Juvenile Detention Admissions 901 Unique youth 438 Pre Adjudicatory (includes M11) 18% Admissions 164 Unique youth 150 Post Adjudicatory 64% Admissions 573 Unique youth 386 Warrant and Other 18% Admissions 164 Unique youth 116 *Disposed referrals are tallied only once under the most intense disposition on the referral during the year. County Jurisdiction Court Dismiss 30% Dispositions 157 Unique youth 152 Probation/Formal Sanction 44% Dispositions 234 Unique youth 206 ARREST Dispositions 529 Unique youth 490 WAIVER OR AUTOMATIC TRANSFER TO ADULT COURT 2% Dispositions 28 Unique youth 28 CHARGED IN ADULT COURT (Waived/M11) FOUND GUILTY OYA Community Placement most often results after County Probation Adult Sentence >1% Dispositions 13 Unique Youth 13 ** Criminal = Felony & Misdemeanor. Disposed Referrals may have been received prior to the beginning of the year. JJIS extract 258c data. OYA Jurisdiction OYA COMMITMENT 6% Dispositions 29 Unique youth 28 OYA PROBATION FOR COMMUNITY PLACEMENT 10% Dispositions 52 Unique youth 47 Shaded rectangles in blue show path of youth whose cases were processed in the adult system. ORS (7) also allows transfer to OYA of certain adult inmates who commit their offense between Marion Juvenile Department, August Dispositions