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Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI July 19, 2013 NACO 2013 Annual Conference

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Page 1: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

Pretrial Justice

A Comprehensive Approach to Improving Juvenile Justice

Stephanie Vetter, Senior Project Associate, PJI July 19, 2013 NACO 2013 Annual Conference

Page 2: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

By the end of 2013, JDAI will be active in more than 200 counties, spanning 39 states plus the District of Columbia

NM

IL

NJ

OR

CA

ID

MD

GA

AZ

NV IN

DC

WA

MO

MN

MS

DE

TX AL

MT

IA

VA

FL

ME

OH

SD

NE WY

WI

KS

PA

TN

State site

County site

Model site

NH

RI MA NY

KY

HI

AR

LA

One in four young Americans lives in a community that participates in JDAI.

Page 3: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative

JDAI VISION Youth involved in the juvenile

justice system will have opportunities to develop into

healthy adults.

JDAI’s PURPOSE

To demonstrate that jurisdictions can establish more effective and efficient systems to accomplish

the purpose of juvenile detention.

• Eliminate inappropriate or unnecessary use of secure detention. • Minimize failures to appear and incidence of delinquent behavior. • Redirect public finances to successful reform strategies. • Improve conditions in secure detention. • Reduce racial, ethnic & gender disparities.

JDAI OBJECTIVES

Page 4: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

40% OF JUVENILE COMMITMENTS AND DETENTIONS ARE DUE TO technical violations of probation, drug possession, low-level property offenses, public order offenses, and status offenses.

IN 2010, ONLY 1 OF

EVERY 4 confined youth was locked up for a violent crime index offense (homicide, aggravated assault, robbery, or sexual assault).

Page 5: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

JDAI Core Strategy

JDAI Practices/Specific Reforms Progress/ Evidence/Results Key Cautions/Considerations

COLLABORATION

• JDAI Governance Structure – includes a policy Steering committee and Work groups

• MOU or resolution –formal authority given to the JDAI policy Steering Committee

• RED authority – explicit authority to reduce racial/ethnic disparities

• System Assessment – a documentation of JJS policies/practices related to the use of detention

• Purpose of Detention Statement -a new detention policy developed by the JDAI policy Collaborative

• Juvenile Advisory Council and Probation Orientation (Cook County)

• Parent Partners (Santa Cruz)

• After a clear understanding of system operations and baseline data, the JDAI governance structure develops policy, implements new practices and measures progress. Membership of the governance structure includes diverse representation from JJS agencies including advocacy, community and people of color. Members work collaboratively to make decisions on behalf of the entire system vs. individual agency.

• Collaboration w/o leadership • Who’s accountable • Non-traditional partners • Staffing the collaborative • Local Education/Immersion • Communication between

stakeholders • RED governance and leadership

USE OF DATA • Detention utilization study-a baseline study of detention

• Daily population sheets –daily accounting for the detention population

• 1/4ly reports (QRS) – routine reporting on detention, RAI and ATDs

• Annual results report –annual reporting on detention, dispositional and public safety data

• Detention utilization, RAI, ATD and public safety data is disaggregated by race/ethnicity/gender (R/E/G)

• Data is analyzed, supports the work plan and is the basis of local discussion

• Routine, Accurate, Timely Administrative reporting

• Use of data linked to local discussion, decisions and progress

• Distractors • Point-in-time vs. trends

JDAI Core Strategies and Best Practices

Page 6: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

JDAI Fundamentals

JDAI Core Strategy

JDAI Practices and Specific Reforms Progress, Evidence, Results Key Cautions/Considerations

OBJECTIVE ADMISSIONS

DECISIONS

• Detention criteria –written detention criteria distributed to police, probation, schools

• Risk assessment instrument (RAI)-an objective tool that measures risk of flight and re-arrest

• 24/7 universal screening –consistent, objective screening is available at all times

• Call-in Center (if applicable for information needed for RAI scoring across state).

• Law Enforcement Criteria – guides police decision-making

• RAI is implemented and monitored • Secure admissions for low/med

risk youth decreases • RED decreases • FTA, Re-Arrest and Override rates

are monitored and within nationally accepted standards

• Many “doors” to detention • Quality assurance • Test RAI • Disaggregate RAI Overrides for

“reasons” by R/E/G • Support of law enforcement • Case processing connects use of

RAI to decision-making

ALTERNATIVES TO DETENTION (ATD) PROGRAMMING

• Home detention – ATD requiring youth to remain in the community, supervised by parents, guardians, JJ staff

• Day/evening reporting centers –ATD requiring youth to report to a center for supervision

• Shelter/foster care beds –ATD used to supervise youth who do not have a home to return to

• Reception Center –ATD used to screen and sort youth arrested by police

• Administered in partnership with or by community based organizations

• Continuum of ATDs linked to RAI • Case processing is aligned w/ATDs • ATDs are utilized (ADP) • ADP & RED in secure detention

decreases • FTA & Re-arrest rates

• Guard against net-widening • Expedited case processing times • Due Process in ATD Violation

practices • Racial Equity Lens informs ATDs • Community-based • Partner with parents

JDAI Core Strategies and Best Practices

Page 7: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

JDAI Fundamentals

JDAI Core Strategy

JDAI Practices and Specific Reforms Progress, Evidence, Results Key Cautions/Considerations

EXPEDITED CASE PROCESSING

• “Speedy trial” laws & rules – local and/or state rules governing case processing

• Expediter- a person assigned to expedite cases through the JJS

• Weekly detention reviews- detention reviews for youth not released at the first detention hearing

• Immediate prosecutorial review for legal sufficiency & Early assignment of quality defense- when a youth is held in detention, immediate review of the case and assignment of counsel should occur

• Daily pre-detention hearing conferences (e.g., Placement Coordination meetings held to find least restrictive option for detained case)

• ATD-cases-processed-as-if-in-custody policy/court rule –ATD cases are processed at the same speed as in-custody cases

• Administrative process for use of structured sanctioning –case processing that supports “informal handling of violations”

• Disciplinary protocol (e.g., Clayton County model) • “Best interests” review hearings/process (e.g.,

Marion County, IN)

• Average length of stay (LOS) in secure detention decreases

• Distribution of LOS (offense and R/E/G)

• FTA and Re-arrest rates • RED reductions • New Case Processing

agreements/policies/rules

• Due process rights • Limits of ALOS as indicator • Resistance to change • System Mapping to identify targets • New case processing agreements

at each decision point

JDAI Core Strategies and Best Practices

Page 8: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

JDAI Fundamentals

JDAI Core Strategy

JDAI Practices and Specific Reforms Progress, Evidence, Results Key Cautions/Considerations

“SPECIAL DETENTION”

CASES

• “Response” grids –a structured decision-making tool used to respond to violations of court orders

• Differentiated warrants –policy that allows for the release of some warrant cases

• Dispositional planning and alternative placements –expedited dispositional planning w/o detention

• Court (date/time/place) notification system –reminder calls for court dates

• Policies and practices support tools • Admissions, ADP, LOS, RED

reductions • FTA and Re-arrest rates • Commitments/placements are

reduced

• Quality assurance • Support of Probation • Intergovernmental coordination • Resistance to change

CONDITIONS OF CONFINEMENT

• JDAI facility standards –detention facility standards • Self-assessment process –an assessment of the

detention facility’s conditions by trained volunteers • Corrective action plan –the result of corrective

findings from the self-assessment process

• Facility self-inspection leads to measurable improvements and is completed as recommended

• Resistance to transparency • “Point-in-time” vs. process • Financial worries • Confidentiality

REDUCING RACIAL/ETHNIC

DISPARITIES (RED)

• JDAI Governance Alignment- RED reductions are operationalized by the entire JDAI governance structure, guided by clear goals and roles

• The “RED lens” – using the lens of racial/ethnic equity for every strategy and decision

• Community engagement –involvement of the communities most effected by the JJS

• RED “checklist and work plan”- written plan, goals and strategies for the reduction of RED

• RED is measured at every JJS decision point and informs discussion and decisions

• The JDAI governance and work plans reflect JDAI standards and clear goals to reduce RED

• Deeper analyses is occurring in target areas

• Policies and practices are implemented to “equalize the playing field” (TSSYS)

• Leadership and political will • Distractors • Silo the issue • Subjective tendencies • Structural racism • National and local research • Community engagement • Clear, measurable goals • Parental involvement • School referrals

JDAI Core Strategies and Best Practices

Page 9: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

As of 2012, JDAI sites had reduced detention populations by 43%

ADP − 43%

-100%

-80%

-60%

-40%

-20%

0%

20%

40%

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Change in Average Daily Population (ADP) by AECF Grantee/JDAI Sites

Baseline vs. 2012 N=38 grantees, comprising 112 sites

(Grantees shown in ascending order by percentage change in ADP)

Page 10: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

As of 2012, commitments to state facilities have been reduced 43% across reporting JDAI sites

Commitments −43%

-100%

-80%

-60%

-40%

-20%

0%

20%

40%

60%

80%

100%

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CA

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Change in Commitments to State Custody by Grantee Baseline vs. 2012 N=38 grantees, comprising 112 sites

(Grantees shown in ascending order by percentage change in Commitments)

Page 11: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

-42%

-17%

-50%

-40%

-30%

-20%

-10%

0%JDAI Sites State Totals

Aggregate Percent Change in ADP Counts

Juvenile Detention Alternatives Initiative Sites and States: JDAI Sites Compared to Home State Totals

Page 12: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

3

59

155

28,040 26,170

20,579

0

6,000

12,000

18,000

24,000

30,000

0

100

200

300

400

500

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

Census of Detained Juveniles

Number of counties in JDAI

Expansion of JDAI vs. National Decrease in Detention 1997 - 2010

JDAI Counites CJRP count of detained youth

Page 13: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

74% decrease in Average Daily Population

41.28 36.28

26.83

10.59 12.6 11.16 10.84

5.76

2009 2010 2011 2012Average Daily Population Average Length of Stay

74% decrease in Average Daily Population

In 2009,

Minnehaha County

was locking away

an average of 41

kids per day; with

JDAI programs in

place, that number

has dropped to

around 11 youth.

2009 Bed Days: 15070 Admissions: 1196

2012 Bed Days: 3879 Admissions: 485

Minnehaha County, Sioux Falls, SD

Page 14: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

Reductions in detention and commitments have not hurt public safety: JDAI sites report reductions in all four juvenile crime indicators

24,985

64,247

40,517

73,474

13,629

36,530

27,065

52,014

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

Delinquency Petitions (12sites)

Felony Petitions (53 sites) Juvenile Arrests (24 sites) Juvenile Intake Cases (20sites)Baseline 2012

• 45% fewer Delinquency Petitions • 43% fewer Felony Petitions Filed

Aggregate Reductions in Juvenile Crime Indicators Baseline vs. 2012

N=109 sites

• 29% fewer Juvenile Intake Cases • 33% fewer Juvenile Arrests

Page 15: A Comprehensive Approach to Improving Juvenile Justice...Pretrial Justice A Comprehensive Approach to Improving Juvenile Justice Stephanie Vetter, Senior Project Associate, PJI . July

www.pretrial.org JDAI Help Desk

facebook.com/pretrial @pretrial [email protected]