TRENDS AND CHALLENGES IN JUSTICE REFORM

Similar documents
Ventura County Probation Agency. Juvenile Detention Alternative Initiatives and Pretrial Services

Summit County Juvenile Court Linda Tucci Teodosio, Judge. 650 Dan Street ~ Akron, Ohio 44310

Current Trends in Juvenile Incarceration. Presented by Barry Krisberg April 25, 2012

Juvenile Justice Process. Overview of Nevada

Allegheny County Detention Screening Study

FOCUS. Native American Youth and the Juvenile Justice System. Introduction. March Views from the National Council on Crime and Delinquency

New Jersey Juvenile Detention Alternatives Initiative (JDAI) 2010 Annual Data Report

New Jersey JDAI: Site Results Report Prepared for the Annie E. Casey Foundation September, 2006

Using Data to Address Racial and Ethnic Disparities in Justice. 10:30 a.m. -12:00 p.m.

COMMITMENT RATES VARY SIGNIFICANTLY BETWEEN COUNTIES SUGGESTING THAT WHERE A CHILD LIVES MATTERS MORE THAN WHAT HE OR SHE HAS DONE

PINELLAS DETENTION UTILIZATION STUDY

Reducing Disproportionate Minority Confinement: The Multnomah County Oregon Success Story and its Implications

Data Snapshot of Youth Incarceration in New Jersey

SPARTANBURG ALTERNATIVES TO DETENTION

Ramsey County, Minnesota

17th Circuit Court Kent County Courthouse 180 Ottawa Avenue NW, Grand Rapids, MI Phone: (616) Fax: (616)

Racial Disparities in Youth Commitments and Arrests

RAMSEY COUNTY JDAI / DMC QUARTERLY STAKEHOLDER GROUP MEETING JANUARY 19, 2011

OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. Laura Lothman Lambert Director, Juvenile Division

Facing the Future: Juvenile Detention in Alameda County

Juvenile Detention Center Statistics Quarter 1, 2010 Report (period includes January March 31, 2010)

Incarcerated Women and Girls

ISSUE BRIEF. Rethinking Juvenile Detention in Ohio. Why Ohio, Why Now OCTOBER 2010

Each specialized docket is presided over by one of the six elected judges. The presiding judge may refer the specialized docket to a magistrate.

CENTER ON JUVENILE AND CRIMINAL JUSTICE

Select Strategies and Outcomes from DMC Action Network and Replication Sites

REALIZING POTENTIAL & CHANGING FUTURES

The Comeback and Coming-from- Behind States: An Update on Youth Incarceration in the United States

Legislative Reforms in Juvenile Detention and the Justice System

DISPROPORTIONATE MINORITY CONTACT

Pierce County Juvenile Court Functional Analysis

STATE OF NEW JERSEY. SENATE, No SENATE LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO. with committee amendments DATED: MARCH 12, 2015

CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES

Disproportionate Minority Contact. by Moire Kenny Maine Statistical Analysis Center Muskie School of Public Service

DETENTION UTILIZATION STUDY BROWARD COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

Juvenile Detention Alternatives Initiative. Juvenile Justice Reform Ramsey County s Experience Transforming the Juvenile Justice System Using JDAI

Report to Joint Judiciary Interim Committee

Section 10. Continuum of Alternatives to Detention at Intake

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

Workshop Agenda. 2. Detention Alternatives in Sussex County: Background, Implementation and Results. 3. Table Exercise Case Plan Development

Prepared by: Meghan Ogle, M.S.

Maine Statistical Analysis Center. USM Muskie School of Public Service.

Insights COMMUNITY PARTNERS JUST OPPORTUNITY. Creating Fairer Employment Practice for Justice-Involved Young Adults

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522

Minority Youth in the Juvenile Justice System. Disproportionate Minority Contact

STANDARDS GOVERNING THE USE OF SECURE DETENTION UNDER THE JUVENILE ACT 42 Pa.C.S et seq.

Raise the Age Presentation: 2017 NYSAC Fall Seminar. September 21, 2017

detention for preadjudicated youth and assessment services for both alleged delinquents and at-risk youth.

Chester County Swift Alternative Violation Enforcement Supervision SAVE

DETENTION UTILIZATION STUDY PINELLAS COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

Pinellas County Juvenile Detention Alternatives Initiative (JDAI) 2016 Work Plan

DETENTION UTILIZATION STUDY PALM BEACH COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

2012 Judicial Conference. Swift and Sure Sanctions Pilot Program (SSSP)

Florida Senate SB 880

DETENTION FOR PROBATION VIOLATORS: CHARACTERISTICS OF YOUTH LOCKED UP FOR VIOLATING PROBATION. A Thesis by. Randi Jay Harms

Alameda County Probation Department A Look into Probation Monthly Statistical Report January 2012

20 Questions for Delaware Attorney General Candidates

What makes MST such an effective intervention? A proven treatment model for at-risk youth and families.

Juvenile Detention Alternatives Initiative

DETENTION UTILIZATION STUDY HILLSBOROUGH COUNTY JUNE Office of Research and Data Integrity Florida Department of Juvenile Justice

CHAPTER Committee Substitute for Senate Bill No. 1552

DCLY Budget Brief. Overview of the DC Juvenile Justice System. April 2013

CONSIDER THE ALTERNATIVES PATHWAYS TO JUVENILE DETENTION REFORM. planning and implementing detention alternatives. by Paul DeMuro

NATIONAL ASSOCIATION FOR PUBLIC DEFENSE FOUNDATIONAL PRINCIPLES

Juvenile Law in Kansas after SB367: What s Changed, What s next? Melanie DeRousse

DISPROPORTIONATE MINORITY CONTACT

Corrections Division Policy and Procedure Manual Mendocino County Sheriff's Office

Title 15: COURT PROCEDURE -- CRIMINAL

Richmond s Juvenile Justice Collaborative Over a Decade of Collaboration for System Reform: Looking Back to Move Forward

The Family Court Process for Children Charged with Criminal and Status Offenses

A Bill Regular Session, 2017 SENATE BILL 294

JUVENILE MATTERS Attorney General Executive Directive Concerning the Handling of Juvenile Matters by Police and Prosecutors

Hennepin County JDAI 2011 Annual Report

Criminal Justice A Brief Introduction

The changes will affect three populations of youth differently depending upon their status on the day the bill was enacted on Oct.

Florida Senate SB 170 By Senator Lynn

2018 Questionnaire for Prosecuting Attorney Candidates in Washington State Introduction

Correctional Population Forecasts

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

Disproportionate Minority Contact in Indiana: Quantitative Analyses Final Report

The Second Century. Juvenile Justice Reform in Illinois

MARYVALE PRECINCT Bi-Annual Crime Analysis Report July December 2008

Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 2. A NEW SECTION OF KRS CHAPTER 15A IS CREATED TO

Memorandum of Agreement Between the United States Department of Justice and the St. Louis County Family Court

v. ) A. History of the Case UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND INMATES OF THE RHODE ISLAND TRAINING SCHOOL,

DISPROPORTIONATE MINORITY CONFINEMENT IN MASSACHUSETTS

MICHIGAN PRISONERS, VIOLENT CRIME, AND PUBLIC SAFETY: A PROSECUTOR S REPORT. PAAM Corrections Committee. Prosecuting Attorneys Association of Michigan

CERTIFICATION PROCEEDING

JUVENILE DETENTION RISK ASSESSMENT

DOMESTIC VIOLENCE ALTERNATIVE CENTER (DVAC) Pima County Juvenile Court Center (PCJCC)

MASSACHUSETTS SEX-OFFENDER REGISTRATION AND NOTIFICATION

SFDCCC Candidate Questionnaire

Results Minneapolis. Minneapolis City Attorney s Office

CENTER ON JUVENILE AND CRIMINAL JUSTICE

PAROLE AND PROBATION VIOLATIONS

Index as: DETENTION OF JUVENILE OFFENDERS

Multisystemic Therapy (MST) Overview

1319 F St. NW, Suite 402 Washington, DC

Court Support Agencies Organization Department Summary

Juvenile Justice and Delinquency Prevention Act (JJDPA) FAQ: 2018 Reauthorization Public Law ; 88 Stat. 1109

Transcription:

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

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.

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

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Encouraging News: Contrary to popular perception juvenile crime is decreasing 4 Violent Crime Index* (1994-2009) 500 450 400 350 300 250 200 150 100 50 0 Violent Crime index decreased nearly 50% since 1994 Violent Crime Index decreased 10% from 2008-2009 Source: OJJDP Statistical Briefing Book. Online. Available: http://www.ojjdp.gov/ojstatbb/crime/jar_display.asp?id=qa05201 (October 16, 2011).

Challenges: Conflicting Practices 5 700 600 500 400 300 200 100 0 U.S. Detention Rate (1997-2010) 1997 1999 2001 2003 2006 2007 2010 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: http://www.ojjdp.gov/ojstatbb/ezacjrp/

National Data: Overrepresentation of Youth of Color in Public Detention Centers 1985 1995 2006 28% 72% 57% 43% 72% 28% White Youth Minority Youth Detention of youth of color has increased since 1985. 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 1985-1999

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: http://www.ojjdp.gov/ojstatbb/ezacjrp/

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

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) 336 300 250 200 150 100 50 0 0.1 3.6 4.1 11.3 18.6 23.1 24.9 33 46.8 51.3 68 69 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).

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 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

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

Santa Cruz County 13 60 50 Juvenile Hall Capacity 40 Average Daily Population (1991-2011) Average Daily Population (1991-2011) 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 30 20 10 Santa Cruz County becomes a JDAI Site BI Engagement (DMC-TAP Grant ) 0 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Proposition 21: District Attorney Direct Files SB 81: Realignment

There are Significantly Fewer Latinos in Custody

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

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

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?

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

RAI: Risk Measured 19 1. 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.

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

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 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

Public Safety Successes in Santa Cruz: Youth in Alternatives to Detention do not Jeopardize Public Safety 23 From 2001-2010, 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.

Juvenile Crime has Dropped During Our JDAI Implementation 38% Decrease

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 2001-2010: (one day detained vs. alternative comparison) Detention for 4180 youth: $1,040,820 Alternative for 4180 youth $127,580

Reductions in Institutional Care

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.

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

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

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?

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

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