CURRENT DEVELOPMENTS IN JUVENILE JUSTICE POLICY Speakers: Erin Davies Children’s Law Center...
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Transcript of CURRENT DEVELOPMENTS IN JUVENILE JUSTICE POLICY Speakers: Erin Davies Children’s Law Center...
CURRENT DEVELOPMENTS INJUVENILE JUSTICE POLICY
Speakers:
Erin Davies
Children’s Law Center
Melinda Haggerty
Ohio Attorney General’s Office
Overview: Ohio’s Juvenile Justice System
Juvenile Court 101:Purpose of Juvenile Court
Hold youth accountable and keep the public safe, while
recognizing the fundamental developmental differences between youth and adults.
Juvenile Court 101:Goal of Juvenile Justice Reforms
Moving toward a “right sized” system that ensures an
individually tailored, evidence-based appropriate response
for each youth.
Juvenile Court 101:Terminology
Adult Term
Juvenile Term Definition
Found guilty
Adjudicated delinquent
Court determines you committed an offense
Sentence Disposition Punishment for committing an offense
Jail Detention Pre-trial or shorter-term post-trial secure placement
Prison Correctional institution
Post-trial secure placement
Probation Probation Part of sentence/disposition for committing crime
Parole Parole Conditional early release from a locked facility
National Research- and Evidence-Based and Trends
Moving Away From: Moving Towards:
Placing youth in locked facilities
Community-based programming alternatives
One-size-fits-all approach
Assessing youth’s individualized needs and appropriate responses
“Gut feelings” about what works or what youth need
Utilizing evidence- and research-based assessments and programs
Focusing on the youth and his or her offense
Examining the underlying root causes for court involvement
National Research- and Evidence-Based and Trends: Benefits
More cost-effective Proven to work effectively to
reduce recidivism, increase rehabilitation, and improve public safety
Community-based More appropriate given youths’
unique developmental needs
National Research- or Evidence- Based Trends: Status Offenders
Moving Away From: Moving Towards:Detaining status offending youth, including for their own protection
Placing youth in community-based programming
Solely addressing the youth and his or her offense
Addressing the underlying root causes of the offense (family issues, education needs, etc.)
Formally processing status offending youth in courts
Diverting youth from the juvenile court system, including into other, more appropriate systems (i.e. child welfare or mental health)
Youth being pushed from schools into jj (aka school-to-prison pipeline)
Addressing youth behavior in the school setting (i.e. PBIS, restorative justice)
National Research- or Evidence- Based Trends: Delinquency Offenders
Moving Away From: Moving Towards:
Placement in juvenile correctional facilities
Incentivizing courts to place youth in community-based alternatives
Long sentences in juvenile correctional facilities
Shorter-term sentences in correctional facilities, if at all
Focusing on the youth and the offense
Addressing root causes for behavior (i.e. trauma, substance abuse, mental health needs)
Long-term collateral consequences (i.e. sex offense registration)
Minimizing the long-term impacts of juvenile court involvement
National Research- or Evidence- Based Trends: Youth in Adult Court
Moving Away From: Moving Towards:Prosecuting youth in adult court
Retaining youth in juvenile court, including through blended sentencing
Placing youth in adult jails and prisons
Placing youth in juvenile detention and correctional facilities
Potential for mandatory transfer and extreme sentences, including death and life without parole
Individualized transfer assessments, sentencing, and meaningful release review
Same court rules and standards for youth and adults
Accounting for developmental differences between youth and adults, including in courts and facilities
Ohio Juvenile Justice System: Trends
Away From: Towards: Ohio Examples:
Placing youth in locked facilities
Community-based programming alternatives
Detention – JDAIDYS - RECLAIM, Targeted RECLAIM, BHJJ, MST, early DYS release, decreased mandatory gun specs, detention credit
Prosecuting youth in adult court
Keeping youth in juvenile court
Reverse waiver, jail removal
One-size-fits-all approach
Assessing youth’s individualized needs and tailored responses
OYAS, early DYS release, gun specifications, mental health taskforce, MST
“Gut feelings” about what works or what youth need
Utilizing evidence- and research-based assessments and programs
OYAS, JDAI, Targeted RECLAIM, BHJJ, 45% reallocation budget language, MST
Long-term collateral consequences
Minimizing collateral consequences
Early sealing/expungement
Ohio Juvenile Justice System: Legislative Changes
HB 86 – Reduced mandatory gun specification time, allowed judges to release youth from DYS facilities early, created reverse waiver, and established mental health taskforce and competency guidelines
SB 337 – Allowed youth to receive detention credit and to more easily seal and expunge their juvenile court records, placed youth in juvenile detention instead of adult jails
Budget – Increased allocations to Targeted RECLAIM and BHJJ, 45% of savings from facility closures can be allocated to evidence-based programs
Ohio Juvenile Justice System:Programs
Program name: Purpose: Results:
OYAS Instrument to assess youth’s needs/risks at each point of the juvenile justice system
Provides objective, risk-based recommendations to juvenile courts
JDAI Ensure only youth who are a threat to the community are detained pre-trial
Detention reductions in 5 counties averaging 27%
RECLAIM and Targeted RELCAIM
Direct youth away from DYS and into community-based programs (Targeted RECLAIM requires the program to be evidence-based)
Lower recidivism rates; over 50% reduction in DYS facility populations
BHJJ Provides evidence-based, community-based programs for youth with serious mental health or substance abuse needs
Increased school attendance, reduced out of home placement, decreased substance use and recidivism
Ohio Juvenile Justice System:Program Acronyms
Acronyms: JDAI – Juvenile Detention Alternative Initiative RECLAIM - Reasonable and Equitable
Community and Local Alternatives to the Incarceration of Minors
Targeted RECLAIM – evidence-based version of RECLAIM
OYAS – Ohio Youth Assessment System BHJJ- Behavioral Health Juvenile Justice
Initiative MST – Multi-Systemic Therapy
Attorney General’s Task Force on Criminal Justice and Mental Illness
Taskforce: What Is It?
Designed to address the “revolving door” of individuals with mental health issues who come to the attention of the juvenile or adult criminal justice system
Co-Chaired by Former Ohio Supreme Court Justice Stratton and Attorney General DeWine
Evolved from the Advisory Committee on Mental Illness and the Courts (ACMIC)
Advisory Committee on Mental Illness and the Courts
Originally founded in 2001 Run by the Supreme Court of Ohio Accomplishments:
37 mental health courts Promoted training for over 4,500 CIT officers Advocated for new Juvenile Competency
statute Challenge: Confined to issues impacting
the Courts
Taskforce: Subcommittees
Aging Diversion and reentry Housing Juvenile justice Law enforcement Mental health and the courts Policy and legislation Psychiatry and Treatment Research/Best Practices Veterans Courts and Military Affairs
Taskforce: Who is Involved?
State agency representatives Law enforcement Judges Mental health practitioners Advocates Individuals with direct system
experience
Taskforce: Juvenile Justice Subcommittee Participants
Co-Chaired by a representative from the Attorney General’s Office and Franklin County Juvenile Court Judge Beth Gill
Members include advocates, practitioners, representatives from the Ohio Supreme Court and the Department of Youth Services, and individuals directly impacted by the system
Taskforce: Juvenile Justice Subcommittee Overview
Monthly meetings to discuss current issues in juvenile justice in Ohio
Speakers from throughout the state to keep members up to speed on the latest trends in counties
Three sub-groups: prevention/diversion, data collection, and youth involved in the juvenile or adult criminal justice systems
Taskforce: Juvenile Justice Prevention/Diversion
Focused on early identification of children with trauma or mental health issues and getting them into services before they hit the juvenile justice system
Examples: Red Flags Program School Responder Program
Taskforce: Prevention/DiversionAccomplishments
Issue: As recent events have shown, mental health programs can be critical to maintaining school safety.
Initiatives: The Subcommittee has weighed in with the various Ohio initiatives on school safety by promoting the School Responder System, which is in place in several counties in Ohio and helps to identify mental health issues in school early before the youth becomes involved with the juvenile system.
Taskforce: Prevention/DiversionAccomplishments
School Responder Program MacArthur Foundation “Model for Change” Trains teachers, bus drivers, cafeteria staff,
janitors, and other school professionals on how to recognize mental health issues
Places “responder” in school to link child to mental health services
Currently operating in Summit County and Jackson County
Taskforce: Prevention/DiversionAccomplishments
80 youth served (2011)
76% had improved attendance, behavior, and had mental health issue addressed
First year: over 200 youth served, only 8 entered the JJ system
School referrals decreased by 1/3
Summit County Jackson County
Taskforce: Prevention/DiversionAccomplishments
After Sandy Hook shootings, Senator Lehner and Senator LaRose held series of school safety hearings
JJ Subcommittee advocated for School Responder Model to promote early identification of mental health issues prior to a violent incident
Taskforce: Juvenile Justice Data Collection
Focus on getting better data collection system on youth in the juvenile justice system
Currently, all 88 juvenile courts use several different court software systems
Ohio law requires annual reports Need data to drive evidence-based
policies How can we know if a program is working if
we don’t have data?
Taskforce: Data CollectionAccomplishments
Issue: Ohio is one of the few states that does not have a comprehensive, uniform data collection system for youth involved in juvenile courts, including youths’ mental health needs.
Initiative: The Subcommittee compiled a list of juvenile justice system data points for the Ohio Supreme Court to consider, provided research on other states’ data collection systems Served as a catalyst
Taskforce: Juvenile Justice System-Involved Youth
Focus on youth who are involved in either the juvenile justice or adult criminal justice systems
Ensure that they are given access to mandated, age-appropriate mental health resources and education
Particular concerned with youth in adult jails Bindover, SYO
Taskforce: Youth in Juvenile DetentionAccomplishments
Issue: Youth who enter juvenile detention centers in Ohio do not receive uniform screening for mental health issues, which can affect the youth’s stay.
Initiative: The Taskforce awarded DYS $82,500 to implement a statewide standardized screening process for Ohio's juvenile detention centers and public child service agencies. DYS is currently moving forward with implementing the MAYSI-2, a juvenile mental health screening tool, in detention centers across Ohio.
Taskforce: Juvenile Justice System-Involved Youth
36 times more likely to commit suicide
Often experience periods of isolation American Academy of Child
and Adolescent Psychiatry: creates depression, anxiety, and psychosis
Jails unequipped to provide youth with proper education or youth-trained mental health services
8 times more likely to commit suicide
5 times more likely to be sexually assaulted
Almost twice as likely to be attacked with a weapon by inmates or beaten by staff
Youth in Adult Jails Youth in Adult Prisons
Taskforce: Youth in Adult CourtAccomplishments
Issue: Youth in Ohio can be held in adult jails, which can create or exacerbate mental health issues for youth, especially when held in isolation.
Initiatives: The Subcommittee 1) sent out a survey to jails to examine under what circumstances youth are held in jails and 2) worked to change Ohio’s jail standards to include youth-specific information.
Taskforce: Youth in Adult CourtAccomplishments
Issue: Youth sentenced to life sentences can face difficult gaining parole, despite the fact that they are developmentally different from adults.
Initiatives: The Subcommittee has proposed youth-specific guidelines for the parole board to consider when determining whether to release a youth.
Taskforce: Accomplishments Beyond Juvenile Justice
Awarded additional grants, including to: Provide crisis counseling in two counties’
jails and crisis prevention in two Ohio veteran’s homes
Provide trainings to first responders on elder abuse
Provide a curriculum for peer mentors in veterans’ courts
Increase rental subsidy program for individuals in mental health courts