POST-DIS

POSITIO

NAL

PROGRAMS IN

VIRGIN

IA

MAY 2

01

5

Prepared by

the Virginia Detention Association of Post-Dispositional Programs

POST-DISPOSITIONAL DETENTION: GOVERNED BY CODE OF VA 16.1-

284.1A sentence imposed on a juvenile

offender by a judge (in lieu of commitment to DJJ and with

recommendations by court personnel) for up to 180 days in a secure detention facility, during which time the juvenile

must participate in facility-based and/or community-based services for his/her

rehabilitation.

1985: House Bill 1417 – established post-dispositional detention and prohibited the pre-dispositional placement of juveniles in adult jails

1991: Statewide Task Force on detention issues – revised Board standards, requiring separate services for post-d detainees

1994: DYFS Post-Dispositional Study – examined post-d utilization (10-day, 30-day, and up to 180 days); Six-month post-d placements represented 24% of all post-dispositional placements

2000: Senate Bill 66 (incorporated components of HB 669) – amended §16.1-284.1 of the Code of Virginia, effective July 1, 2002

2001: House Bill 1753 – further amended §16.1-284.1 of the Code of Virginia, effective July 1, 2002

Post-D History

Post-D History• 2002: Amended Code Section 16.1-284.1 becomes effective

• 2011: There were 17 Post-Dispositional Programs operating throughout the Commonwealth. There were 345 admissions to Post-Dispositional Programs FY2011.

• 2013: There were changes to code to include new charges that preclude Post-D placement.

• 2015: There are currently 19 Post-Dispositional Programs in operation with 227 beds.

VDAPPVIRGINIA DETENTION ASSOCIATION FOR POST-DISPOSITIONAL

PROGRAMS

The Virginia Detention Association for Post-Dispositional Programs (VDAPP) was developed in 2003

Members consist of Post-D Coordinators from throughout the state as well as Treatment Specialists, Post-D Therapists, etc.

MISSION STATEMENTTo provide a partnership among juvenile detention centers that promotes effective programs to foster

rehabilitation and reduce delinquency.

• VDAPP Meetings are held quarterly at locations throughout the state

• Accomplishments include: legislative input, development of standardized forms and Post-D Acceptance and Discharge Data (PDADD), program improvements, and coordination of our VDAPP-sponsored training

• Goals include: collaboration and sharing of program goals, services, forms, policies; legislative communication; ongoing discussion of best practices; united data collection; and ongoing training

VDAPP OFFICERS

• Sara Jones (Merrimac), President

• Darrell Jones (Chesterfield), Vice President

• Pam Jeffries (Lynchburg), Treasurer

• Marlon Murphy (Fairfax), Secretary

HIGHLIGHTS OF STATUTES AND STANDARDS

o Youth must be at least 14 years old, male or female (programs may differ)

o Interests of the juvenile and the community require secure custody for rehabilitation

o No violent juvenile felonies (examples: murder, rape, robbery, malicious assault, abduction)

o Not eligible if released from the custody of DJJ within the last 18 months

o No credit for time served pre-dispositionally

HIGHLIGHTS OF STATUTES AND STANDARDS

o Assessment for appropriateness conducted by the Post-D Program

o If eligible for state commitment, must receive suspended commitment to DJJ

o Suspended commitment imposed if juvenile fails to comply with program

o Thirty day court review hearings or upon request for good cause shown

HIGHLIGHTS OF STATUTES AND STANDARDS

o Facility’s program must meet all standards set forth by the Department of Juvenile Justice

o Licensed and Certified by the Board of Juvenile Justice – including capacity

o Written agreement with the Court Services Unit delineating roles and responsibilities

o Written Post-D Program policies and procedures (i.e., treatment objectives, criteria for acceptance and termination)

HIGHLIGHTS OF STATUTES AND STANDARDS

o Individualized Service Plan within 30 days of placement describing:

strengths and needs of residentresident’s current level of functioninggoals, objectives, strategiesprojected family involvementprojected date for accomplishing each objective

o Structured program of care including provision of social services and written daily schedule

o Policies regarding resident participation in outside employment and/or community-based services and activities

EXCLUSIONARY OFFENSES• Capital Murder

• First or Second Degree Murder

• Felonious Injury by Mob

• Abduction

• Malicious Wounding

• Malicious Wounding of a Law Enforcement Officer

• Felonious Poisoning

• Adulteration of Products

• Robbery

• Carjacking

• Rape

• Forcible Sodomy

• Object Sexual Penetration

• Manufacturing, Selling, Distributing a Controlled Substance (Third Offense)

• Manufacturing, Selling, Distributing Methamphetamine (Third Offense

• Manufacturing, Selling, Distributing Anabolic Steroids (Third Offense

Newport News JDC (20)

Norfolk JDC (16)

Northern Virginia JDC (10)

Northwestern Regional JDC (13)

Rappahannock Detention Home (10)

Richmond Detention (15)

Roanoke Valley JDC (5)

Virginia Beach JDC (15)

WW Moore, Jr. Detention Home (12)

Post-Dispositional Programs in Virginia

Blue Ridge Juvenile Detention (10)

Chesapeake Juvenile Services (10)

Chesterfield Juvenile Detention Home (10)

Fairfax County JDC (15)

Highlands JDC (7)

James River JDC (20)

Loudoun County JDC (8)

Lynchburg Regional JDC (8)

Merrimac Center (15)

New River Valley(8)

Post-Dispositional Program Services

Case Management

Individual and Family Therapy

Group Counseling addressing the following topics:Anger ManagementSubstance AbuseEmpathy EnhancementLife Skills

Post-Dispositional Program Services

• Education:Academic (diploma or GED)Vocational

• Community Service

• Employment

• Community Outings

• Home Passes

Release and Transition

• Mental Health Transition Plans(6 VAC 35-180)

• Implementation date was January 1, 2008

• Applies to all residents placed in Post-Dispositional Programs or released from DJJ and identified as having a recognized mental health, substance abuse, or other therapeutic treatment need

• The goal is to ensure implementation and continuity of treatment and services in order to improve short- and long-term outcomes

• At least 90 days before a juvenile’s scheduled release, a Post-D representative / qualified mental health professional identifies the resident as needing ongoing services

• Recommended services are identified, to include medication management, outpatient counseling and substance abuse counseling.

Release and Transition • Mental Health Transition Plan Meeting

(6 VAC 35-180)

• Participants in this meeting include, but are not limited to, the juvenile, parents, Post-D Coordinator, mental health professional and probation officer

• The PO then takes on the role of coordinating the Community Transition Plan Meeting at least 30 days prior to the resident’s release

• The Mental Health Transition Plan is developed at least 10 days before release, to include specific services provided, persons responsible for implementation of services, a timeframe for services, and funding sources

• During post-release supervision, the service providers must provide at least monthly progress reports

• Every 90 days thereafter, the plan is reviewed and progress is assessed

SCHOOL RE-ENROLLMENT

School Re-enrollment: The Code of Virginia through §22.1-17.1 established the responsibility of the Board of Education, in cooperation with the Board of Correctional Education to promulgate regulations for the re-enrollment in the public schools of youth who have been in the custody of the Department of Juvenile Justice (DJJ). These regulations require a re-enrollment plan for each youth who is of school attendance age or is eligible for special education services. Detention is included.

SCHOOL RE-ENROLLMENT

• Required for any juvenile who has been detained for thirty days or longer

• Students who have obtained their GED are exempt

• Plan should be completed thirty days prior to the student’s release from custody

• Student support services needed to promote the student’s successful re-entry to public school, such as counseling services

• Establishment of school placement upon release

POST-DISPOSITIONAL PROGRAM FACTORS

Statewide statistics were gathered: August 2011 -July 2013

• The average resident age at the time of placement in a Post-Dispositional Program is 16 years and 2 months.

• The average length of placement for a Post-Dispositional Resident is 144 days.

• At the time of placement, most residents are in the 9th grade.

• The most frequently occurring offense at the time of commitment is Larceny and the second most frequently occurring offense is Assault.

POST-DISPOSITIONAL PROGRAM FACTORS

• 14.65% of the residents admitted to the Post-Dispositional Programs are an identified gang member, although regional disparities are significant.

• On average, residents admitted to Post-Dispositional Programs had 1 – 15 prior petitions which accounts for roughly 80% of placements. 36% of residents had between 1 – 5 prior petitions.

• 78% of residents who experienced a successful program outcome participated in community activity while in their facility.

POST-D SUCCESS RATES

Misde

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of P

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0

5

10

15

20

25

30

3 4 4 58

15

26

New Charges within Six Months of Release (%)

REINCARCERATION AFTER POST-D COMPLETION

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

Reincarceration Rates at Six-Month Follow-up

RATES OF COMMITMENT FOR NEW CHARGES

Outst

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ng D

eten

tion

Order

or C

apia

s

Other

Inca

rcer

atio

n

Loca

l Jai

l

Loca

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n

Comm

itted

to D

JJ0%

10%

20%

30%

40%

50%

3% 4%

14%

33%

46%

Commitment % for Those with New Charges

Total

POST-DISPOSITIONAL PROGRAM FACTORS

Residents who were able to participate in aftercare programs have a higher rate of success upon release from their facility.

Despite regional differences, Post-Dispositional residents have an approximately 67% success rate at 6 months post-release.

Because of these efforts, Virginia’s Post-Dispositional Programs meet the social and cultural needs of children and families in their communities AND incorporate standard intervention, public safety and treatment practices.

THANK YO

U FOR YO

UR

SUPP

ORT O

F VDAPP

AND

THE P

OST-DIS

POSIT

IONAL

PROGRAMS O

F VIR

GINIA

To provide a partnership among juvenile detention centers that promotes effective programs to foster rehabilitation and

reduce delinquency.