Union County DMC Action Network

Graduated Sanctions Graduated Sanctions Information and GuidelinesInformation and Guidelines

January 2009January 2009

Why Graduated Sanctions?

• Promotes greater accountability

• Helps communities become more effective– Holds juvenile offenders accountable– Reduces recidivism

• Protects students/schools/personnel and community from: – Drugs, gangs and youth violence

Graduated Sanctions

• Accountability-based

• Includes incentives, treatment, and services

• Protects the community

• Induces law-abiding behavior

Graduated Sanctions

Research indicates that consistent, repetitive consequences for negative, non-

compliant behavior is no less effective than escalating consequences.

The duration or severity of the consequences should be tailored to the

case plan and the individual needs of the youth.

Informal sanctions, including community service, essentially require a youth’s

agreement to the sanction and may be the result of a negotiation between the youth

and JCC.

(A sample agreement is provided)

Graduated Sanctions

Target Population

Youthful offenders on probation who could be referred by law enforcement, schools

or juvenile courts to:– Community management alternatives (Probation)– Detention– Secure Confinement (Youth Detention Centers)

Detention may not be recommended for “low risk” youth unless approved by a Manager/Supervisor

Detention for “medium risk” youth may only be recommended after all other appropriate available options have been attempted & determined to be ineffective in modifying

behavior

Graduated Sanctions

Continuum of Graduated Sanctions

1. Prevention– Actions taken to stop

juveniles from entering the system

2. Immediate Sanctions– Less serious non-

chronic offenders– Diversion programs

3. Intermediate Sanctions– For youth that continue to

offend– Committed more serious

offense– Youth that need supervision,

structure, & monitoring, but not confinement

Continuum of Graduated Sanctions

4. Secure Care– Provides treatment and

transition service while youth is removed from home

5. Transition Services– First phase of reentry -

includes pre-release planning with offender, family, community agencies, & local team

6. Reentry– Sanctions & series applied

during the planned period of community supervision following release, leading

to case closure/termination

Graduated Sanctions Plan Policies and Procedures

• Plan should be done within five days of receipt of case

• Plan is discussed at each face to face contact

• Plan is updated based upon sanction results

Graduated Sanctions Plan Policies and Procedures

Four Key Issues Should be Addressed in the Plan:

– Community Protection– Reparation of Harm– Service to Address Criminogenic Needs– Competency Development

Graduated Sanctions Plan Policies and Procedures

• Plan should address and prioritize the top risk domains with short term and obtainable objectives

• Contact Standards are based upon NCDJJDP mandates of a minimum of 1 face to face visit per month.

Graduated Sanctions Plan, Policies and Procedures

• Plan should be done within a pre-determined number of days of receipt of case (5 days)

• Plan is discussed at each face to face contact

• Plan should have a specific timeframe

Graduated Sanctions Grid

• A Sanctions Grid provided separately for replication

Graduated Sanctions - Probation Violations Definitions

Plan utilizes NC Statute definitions

for Minor, Moderate and Serious Offense(A One page summary is provided separately for

reference and use)

General Statues can be found at:

http://www.ncga.state.nc.us/gascripts/statutes/Statutes.asp

From the Campaign for Youth Justice Policy Brief on Race and Ethnicity, 2008:

“the experience of detention may make it more likely that youth will continue to engage in

delinquent behavior, and that the detention experience may increase odds that youth will

recidivate, further compromising public safety.”

Why the Sanctions Grid?

• Gives court counselors options when youth violate their probation

• Allows for immediate consequence for technical violations of probation

• Reeducation of detention costs to state and county

• In line with the Therapeutic Environment Model adopted by NCDJJDP.

Why the Sanctions Grid?

• It lists a variety of sanction options that may be applied when a youth violates court ordered or informal agreement conditions

• In most cases JCCs should select a consequence that can be logically linked to case plan objectives & the negative behavior

• CCs should use incentives & rewards to encourage and support positive behavior and compliance with conditions of supervisions.

Why the Sanctions Grid?

Sample Probation Order

• The youth is placed on formal probation for a period of 1 year from this date, and until 07/12/09 .

• Attend school regularly and obey all school rules.

• Successfully complete an alcohol and drug screening

• Refrain from knowingly associating with persons who use or possess controlled substances illegally and/ or frequenting places where such substances are kept or sold.

• Not own, possess, nor control a firearm or deadly weapon.

• Complete 36 hours of Community Service by no later than as directed by JCC.

• Restitution of $1236

• No contact with the victim or victim’s family, except to do a letter of apology.

• No contact with co-defendant (s) and / or crime partners, except as approved by the JCC.

Next Steps

• Implementation for 3 months (Jan. – March 31, 2009)

Additional instructions provided separately to begin use of graduated sanctions plans

For Questions or Support, Please contact:

Alvin Atkinson atkinsona@wssu.edu (336-779-7321)

Joanne Davidson davidsonj@wssu.edu (336-779-7312)