Senate Bill 200: Part 2

2015 Annual ConferenceTim Arnold

Glenda Edwards

Letters to Remember – DJJ Edition

Risk andCriminogenicNeeds Assessment

Disposition and Placement will be based on the RCNA. The “Treatment Plan” will not.

How does the RCNA Work?

• 15 Questions• Each Question Gives a Score• Scores can be negative (good) or positive (bad)• Risk level determined by score:– Low Risk (-14 to 2)– Moderate Risk (3-18)– High Risk (19 or more)

1. Age at First Public Offense Adjudication

16 or 17 (-1)14 or 15 (1)13 or younger (2)

2. Total Number of Adjudications on Public Offenses (count separate adjudication dates, including current. Adjudications on the same

date count as One. For example: if petitions 001, 002, and 003 are adjudicated on the same date,

it is counted as One )

One (-1)Two (0)Three (1)Four or More (2)

3. Most Serious Current Offense

Misdemeanor (0)D Felony (1)C Felony (4)A or B Felony (5)

4. Number of Previous Adjudicated Felonies

None (-1)One (1)Two (2)Three or More (3)

5. Number of Prior Out of Home Placements (include post adjudication,

court ordered placements, include detention and out of home treatment

programs on public offenses only)

None (-1)One (1)Two (2)Three or More (3)

6. School Attendance (during the past six (6) months)

Enrolled, attending regularly, no out-of-school suspensions or Graduated/GED and employed or enrolled in post-secondary education (-1)

Graduated/GED, but not enrolled in post-secondary; not employed, but actively seeking employment (0)

Truant (has missed 3-5 days unexcused) (1)

Habitual Truant (has missed 6 or more days unexcused) (2)

7. School Discipline (during the past 6 months)

No out of school suspensions for disruptive behavior (-1)

In school suspension (SAFE room, detention before or after school) (0)

Suspended out of school 1-2 times for disruptive behavior (1)

Suspended out of school 3+ times for disruptive behavior/Expelled (2)

8. Substance Use/Abuse (in the past 12 months)

No Use (-1)

Experimentation, does not interfere with functioning (0)

Use sometimes interferes with functioning (1)

Use frequently interferes with functioning; chronic abuse; dependency (2)

9. Positive Peer Relationships

Youth has some positive peers (-1)

Youth has no or few positive peers (1)

10. Negative Peer Relationships

Youth has no or few negative peers (-1)

Youth has some negative peers (1)

Youth is a gang member (2)

11. Parent/Caregiver Supervision/Discipline

Parent/Caregiver supervision and discipline usually effective; youth usually obeys rules; minor conflict (-1)

Parent/Caregiver supervision often ineffective or inconsistent; frequent parent-child conflicts (1)

Little or no Parent/Caregiver supervision/discipline; or constant conflict; youth usually disobeys appropriate Parent/Caregiver supervision (2)

12. Youth Participation in Pro-Social Activities in the past 6 months

Youth participates in at least one sport/athletic, church, hobby/creative, or school activity or is employed (regularly as in weekly basis) (-1)

Youth has participated or sometimes participates in a pro-social activity (not on a regular basis, but more than once in the past 6 months) (0)

Youth has not participated in any pro-social activity (2)

13. Motivation for Intervention

Actively seeking help (-1)

Not actively seeking help (1)

Actively rejecting help (2)

14. Attitude and Adjustment

Youth has respect for the social rules and laws and has a positive expression about conventional institutions, rules and procedures. Youth exhibits remorse for his or her actions and how it has impacted the victim or community. (-1)

Youth expresses hostility towards the criminal justice system, defies authority, and does not think social rules and laws apply to him/her. Youth lacks empathy and sensitivity toward others, blames the victim. (1)

15. Personality and Behavior

Youth is generally cooperative and respectful in communication. (-1)

Youth is minimally cooperative and somewhat disrespectful in communication. (1)

Youth is disrespectful, uncooperative or threatening. (2)

DJJ has a “matrix” for everything

• Disposition recommendation• Placement level for public and youthful

offenders• Placement level for sex offenders• Program phases• Graduated sanctions• Who is responsible for cleaning the coffee pot

Dispositional Recommendations

• “Non-DJJ Services”: Includes detention, parental supervision, and any other programs and services which DJJ does not supervise

• Probate to DJJ• Commitment probated to DJJ– Note: child must be commitment eligible

• Commit to DJJ

Dispositional Recommendations

• Matrix sets minimum and maximum dispositional recommendations.

• Worker is directed to select the least restrictive appropriate recommendation within that range.

Factors mandating community placement

i. Age of youth under twelve (12) years old; and

ii. Disabilities such as deafness, blindness, chronic illness, or physical disabilities.

Factors supporting community placement

i. Services to address treatment needs that are available in the community, including DJJ Community and Mental Health Services and non-DJJ agencies, have not been exhausted;

ii. Parent, caregiver, other family members participation in treatment and supervision;

iii. The level of the committing offense and risk level as outlined in the placement matrix; and

iv. Current commitment to the Cabinet for Health and Family Services (CHFS).

Factors supporting out of home placement

i. Services to address treatment needs are not available or have been exhausted in the community to meet the youth’s needs;

ii. The inability of the parent, caregiver, or other family members, including extended family, to provide adequate supervision of the youth or an unwillingness to participate in the youth’s treatment;

iii. The level of the committing offense and risk level as outlined in the placement matrix;

Factors supporting out of home placement

iv. Previous DJJ probation or commitment;v. Current commitment to CHFS and exhibiting

unlawful behaviors;vi. Documented absent without leave (AWOL)

risk;vii. Community safety is at issue because the

youth’s current or prior behavior, indicates a significant risk of harm to self or others; or

viii.Previous placement disruptions.

Ex: A, B and C Felonies

Low Risk Moderate Risk High RiskNon-DJJ Services

Probate to DJJ

Commit to DJJ

Probate to DJJ

Commit to DJJ

Probate to DJJ

Commit to DJJ

Commitment not to be recommended

• Child is low risk on the RCNA and adjudicated of a misdemeanor or D felony, and qualifies for commitment due to – Prior record or– Offense involved a deadly weapon

• Child is moderate risk on the RCNA and adjudicated of a misdemeanor sex offense, and not declared a juvenile sexual offender

Other Disposition Rules

• Probation to DJJ is not to be recommended where youth is low risk on the RCNA and charged with a probation violation with no suspended commitment.

• Recommendation of commitment is mandatory where child is moderate or high risk on the RCNA, and is guilty of a probation violation with a suspended commitment

Other Disposition Rules

Where youth does not score low risk on the RCNA, probation to DJJ is the minimum recommendation for youth who:• Are adjudicated of an A, B or C felony for a non-

sexual offense • Are adjudicated of any felony sexual offense

and not declared a juvenile sexual offender, or• Are adjudicated of a felony offense involving a

deadly weapon

When Committed . . .

• The RCNA influences the level of placement, anywhere from Level 0 (home) to Level V (AYDC)

• Level of placement for probation violations based on the highest underlying offense

All programs now run on a similar timeframe

• Awareness level (14-21 days)• Development level (35-42 days)• Demonstration level– Misd. 14-21– Felonies – 63-98 days– CLEP – 77 days

The RCNA and Disposition

• JCRPP 17 D. states that the RCNA “cannot be waived”.

• RCNA apparently not required for an informal adjustment, however

Informal Adjustment

• Q.M. v. Comm., ___ S.W.3d ___ (May 2015), holds that once an informal adjustment is agreed to, the adjustment can be modified but not revoked.

• JCRPP 19 requires an agreement setting out terms of agreement, and consequences for violations.

Informal adjustment

• Under JCRPP 19 F., the terms of informal adjustment agreement may include– Supervision for 6 months or less– Referral to diversion– Other terms agreed by the parties

• Under JCRPP 19 G., if the child fails to complete court can impose “graduated sanctions or the agreed upon consequences.”

Informal adjustment

• Informal adjustment agreements are generally not to last longer than 6 months.

• Case is to be returned to the docket upon completion of the term.

• If successful, court is to enter an order of dismissal.– Dismissal based on an IA should not count as a

prior offense for prior record purposes.

Clicker time!

Assume SB 200 applies in all cases unless stated otherwise

I am in the:

1. Eastern Region2. Bluegrass Region3. Western Region4. Northern Region 5. Central Region6. Louisville office

Eastern

Region

Bluegrass

Region

Weste

rn Regio

n

Northern

Region

Central R

egion

Louisv

ille offi

ce

17% 17% 17%17%17%17%

Question #11

Client is adjudicated of a D felony, and has three prior separate misdemeanor adjudications. He scores an 2 on the RCNA, which makes him a low risk offender. He lives in a very poorly served area of the state, and has no convenient access to community services. He does report problems with illegal drug use.

The maximum recommended disposition should be

1. Commitment to DJJ2. Probation to DJJ3. Non-DJJ Services

Commitment t

o DJJ

Probation to

DJJ

Non-DJJ

Services

33% 33%33%

Question #11

Generally, they should not be overriding the disposition recommendation matrix. Consider arguing for non-DJJ services to meet the client’s treatment need, in lieu of DJJ probation.

Questions #12 and #13

Client is adjudicated of a misdemeanor, his fourth separate misdemeanor adjudication. Several days before disposition, the DJJ worker reveals that the Client scored low risk on the RCNA.

The maximum recommendation is:

1. Commitment until 18

2. Commitment for 12 Mos.

3. Commitment for 6 Mos.

4. Probation for six months.

Commitment u

ntil 18

Commitment f

or 12 M

os.

Commitment f

or 6 M

os.

Probation fo

r six

months.

25% 25%25%25%

If the RCNA came back high risk, the maximum recommendation would be?

1. Probation for 6 mos.2. Commitment for 12

mos., probable placement in a YDC

3. Commitment for 12 mos, probable placement in a group home.

4. None of the above. Probation fo

r 6 m

os.

Commitment f

or 12 m

os....

Commitment f

or 12 m

os,...

None of the ab

ove.

25% 25%25%25%

Questions #12 and #13

• The RCNA is important! Whenever your client scores moderate or high risk, investigate it and work with your DJJ worker to change the result. If they will not work with you, bring it and the regulation to the attention of the court.

Question #14

After an adjudication hearing, client was found guilty of Wanton Endangerment in the Second Degree for allegedly firing a gun in a rural area. The Court found that the offense was one involving a deadly weapon. Client denies guilt and insists that gun was fired by the person who testified as the Commonwealth’s principal witness. He has asked you to appeal.

Question #14

Several days before the disposition hearing you receive the PDI. In it, you learn that the child had a score of 3 on the RCNA (moderate risk). The worker recommends commitment based on the use of a weapon. The Child would have scored a 2 (or a 1) but was given one point for Question 14 concerning acceptance of responsibility, based upon his not guilty plea and continued claim of innocence. Had they scored low risk, the maximum disposition would have been probation. The DJJ worker will not speak with you about the case outside of court.

At the disposition hearing, counsel should

1. Establish what the risk assessment would have been had Client admitted

2. Establish the limits on disposition had the client scored low risk or moderate risk.

3. Provide an alternative disposition to commitment

4. All of the above.Esta

blish w

hat the ri

sk as..

.

Establis

h the lim

its on di...

Provid

e an alte

rnative

di...

All of t

he above.

25% 25%25%25%

Questions #15 and #16

Client is validly on probation to DJJ with suspended commitment based on prior misdemeanor offenses. Client has had several issues in school, which have resulted in an increase in the level of supervision and other actions.In November, Client is suspended from school for skipping class and going to the library, and failing to complete assignments. Client has no history of violence or threats of harm to himself or others, and claims that he is bored with school and prefers to read. At the time of suspension, Client has a D average.

#15 DJJ Can Seek Probation Revocation

1. True2. False

True

False

50%50%

#16 Can DJJ seek revocation if Client were fighting in school?

1. Yes2. No

YesNo

50%50%

Questions #15 and #16

Probation revocation is only appropriate for a “high level” violation, one with a threat of harm. Skipping class does not meet that criterion, but fighting probably would.

Team ScoresPoints Team Points Team

Team MVPPoints Team Participant